C.R.S. § 30-28-209: Penalties and enforcement.

(1) (a) It is unlawful to erect, construct, reconstruct, or alter any building or structure or use any building or structure in a manner that results in a violation of any regulation in, or of any provisions of, the area building code, or any amendment thereof, enacted or adopted by the board of county commissioners under the authority of this part 2. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof, or any provision of this part 2, shall, upon request by the county, be subject to the imposition, by order of the county court or the district court, of a civil penalty of not less than one hundred dollars or more than two thousand six hundred fifty dollars. Each day during which such illegal erection, construction, reconstruction, or alteration continues is deemed a separate offense and the civil penalty continues to accrue until the violation is remedied. Nothing in this subsection (1)(a) prohibits the use of any building or structure in violation of an otherwise applicable building code where the use complies with any building code that was in effect at the time the building or structure was erected, constructed, reconstructed, or altered.

(b) (I) (Deleted by amendment, L. 2026.)

(II) To pursue a violation pursuant to this subsection (1)(b)(II), a county building inspector authorized pursuant to sections 30-28-114 and 30-28-205, or any inspector employed by an intergovernmental entity created in accordance with the requirements of part 2 of article 1 of title 29, who exercises the functions of a county building inspector who has personal knowledge of any violation of the requirements of this subsection (1)(b)(II) based on competent evidence acquired during a reasonable investigation shall give written notice to the violator to correct the violation within ten days after the date of the notice. If the violator fails to correct the violation within the ten-day period, the county building inspector may issue, or request that the sheriff of the county or the county attorney issue, a summons and complaint to the violator stating the nature of the violation with sufficient particularity to give notice of the charge to the violator. The summons and complaint must require that the violator appear in county or district court at a definite time and place stated therein to answer and defend the charge.

(III) (Deleted by amendment, L. 2026.)

(IV) The Colorado rules of civil procedure apply to district court proceedings and the Colorado county court rules of civil procedure apply to county court proceedings.

(c) It is the responsibility of the county attorney to enforce the provisions of this subsection (1); except that if there is not a county attorney or if the board of county commissioners deems it appropriate, the board may appoint the district attorney of the judicial district in which the building or structure is located to perform such enforcement duties in lieu of the county attorney.

(d) The minimum civil penalty that the court may impose for a violation of a county building code or amendment thereto is one hundred dollars per violation, and the maximum civil penalty is two thousand six hundred fifty dollars per violation. The presumptive maximum penalty for a first violation is five hundred dollars. The presumptive maximum penalty for a second violation is one thousand dollars. The presumptive maximum penalty for a third or subsequent violation is two thousand six hundred fifty dollars. The court must specify the basis for the civil penalty on the record. In cases where sufficient aggravating factors are present, the court may impose a penalty that is higher than the presumptive maximum. The court must base the determination of the appropriate civil penalty for a violation of a county building code, or amendment thereto, on the following factors:

(I) The impact of the violation on public health, safety, and welfare;

(II) The impact of the violation on neighboring properties;

(III) The violator's willingness to comply with or demonstrated disregard for the applicable laws;

(IV) The violator's ability to comply with the applicable laws;

(V) Whether the violation is the use of the property for activities prohibited in the property's zone district;

(VI) Whether multiple violations exist on the property;

(VII) Prior violations by the violator on the property; and

(VIII) Any other relevant factors determined by the court.

(e) If the court finds by a preponderance of the evidence that a violation of the building code, or amendment thereto, as enacted and adopted by the board of county commissioners, has occurred, the court shall order the violator to pay a civil penalty in an amount allowed pursuant to this subsection (1). The penalty is payable immediately by the violator to the county as designated in the building code ordinance or resolution, or amendment thereto.

(f) Until paid, any civil penalty ordered by the court and assessed pursuant to this subsection (1) is, as of recording, a lien against the property on which the violation has been found to exist. If the assessment is not paid within thirty days, the clerk and recorder or county attorney may certify the nonpayment to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, apply to the collection of assessments pursuant to this subsection (1). Any lien placed against the property pursuant to this subsection (1) must be recorded with the clerk and recorder of the county in which the property is located.

(g) For purposes of this subsection (1), "person" does not include a state agency.

(2) (a) If any building or structure is, or is proposed to be, erected, constructed, reconstructed, altered, or used in violation of any regulation or provision of the area building code, or amendment thereto, enacted or adopted by any board of county commissioners under the authority granted by this part 2, the county attorney of the county in which the building, structure, or land is situated, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove the unlawful erection, construction, reconstruction, alteration, or use. If there is not a county attorney or if the board deems it appropriate, the board may appoint the district attorney of the judicial district in which the building or structure is located to perform the enforcement duties in lieu of the county attorney.

(b) The county attorney may bring an action in the county court or district court that has jurisdiction over the property for an order enjoining the violation; ordering the violation's restraint, removal, termination, or abatement by the property owner; and authorizing abatement by the county or its agent. In bringing that action, the county attorney shall file a verified complaint. The court shall review the verified complaint and schedule a hearing on the request for an abatement order or injunction, or other appropriate remedy provided for pursuant to subsection (2)(a) of this section and direct the issuance of a summons stating the time, date, and place of the preliminary hearing, which the court shall schedule no later than thirty days after the county attorney files the complaint. The county shall serve the summons and complaint on the property owner in accordance with the applicable rules of civil procedure at least ten days prior to the preliminary hearing. If the county's reasonable efforts to personally serve the summons and complaint are unsuccessful, the county may post the summons and complaint on the property and mail the summons and complaint, certified mail and return receipt requested, to the property owner's address in the records of the county assessor as an alternative means of providing service. If the county provides alternate service, the county must provide the alternative service at least ten days prior to the preliminary hearing. At the time, date, and place stated in the summons, the court shall review and consider the request for an abatement order, injunction, or other appropriate remedy provided for pursuant to subsection (2)(a) of this section, any statement and evidence presented by the county in support thereof, and any statement and evidence presented by the property owner, if present. On the date and at the time set for the hearing, if the property owner fails to appear, and if the county proves that proper service was made on the property owner, the court may grant the order as requested by the county. A property owner's failure to appear on any date set for a preliminary hearing held pursuant to this subsection (2)(b) is grounds for the court to enter a default and judgment thereon against a nonappearing property owner. For good cause shown, and prior to enforcement, the court may set aside an entry of default and the judgment entered thereon.

(c) If the county abates the violation pursuant to an order of a court, the actual costs of abatement, plus ten percent of the abatement costs for inspection and other incidental costs of abatement, is a lien against the property until paid and has priority over all other liens except general taxes and prior special assessments. If the assessment is not paid within a reasonable time specified by the resolution or ordinance adopting the building code, the clerk and recorder or county attorney may certify the nonpayment to the county treasurer, who shall collect the assessment, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, apply to the collection of assessments pursuant to this subsection (2)(c).

(3) (a) It is unlawful to erect, construct, reconstruct, alter, or use any building or structure in a manner that results in a violation of any regulation in, or of any provisions of, the area building code, or any amendment thereof, enacted or adopted by the board of county commissioners under the authority of this part 2. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof, or any provision of this part 2, commits a civil infraction, and upon conviction thereof, shall be punished by a fine of up to one thousand dollars for each separate violation, according to the fine schedule adopted by the board of county commissioners. The fine schedule may include graduated fines and may provide increased civil penalties for repeat offenses by the same individuals. Each day during which such illegal erection, construction, reconstruction, alteration, or use occurs is deemed a separate offense and the civil penalty continues to accrue until the violation is remedied. Nothing in this subsection (3)(a) prohibits the use of any building or structure in violation of an otherwise applicable building code where the use complies with any building code that was in effect at the time the building or structure was erected, constructed, reconstructed, or altered.

(b) (I) To pursue a violation pursuant to this subsection (3), a county building inspector authorized pursuant to sections 30-28-114 and 30-28-205, or any inspector employed by an intergovernmental entity created in accordance with the requirements of part 2 of article 1 of title 29, who exercises the functions of a county building inspector who has personal knowledge of any violation of the requirements of subsection (3)(a) of this section based on competent evidence acquired during a reasonable investigation shall give written notice to the violator to correct the violation within ten days after the date of the notice. If the violator fails to correct the violation within the ten-day period, the authorized county building inspector may issue, or request that the sheriff issue, a summons and complaint to the violator stating the nature of the violation with sufficient particularity to give notice of the charge to the violator. The summons and complaint must require that the violator appear in county court at a definite time and place stated therein to answer and defend the charge.

(II) An authorized building inspector or the sheriff shall serve one copy of a summons and complaint issued pursuant to subsection (3)(b)(I) of this section on the violator. An authorized building inspector or the sheriff may personally serve the summons and complaint on the violator as set forth in the county court rules of civil procedure. If an authorized building inspector or sheriff's reasonable efforts to personally serve the summons and complaint on the property owner are unsuccessful, the county may post the summons and complaint on the property and mail the summons and complaint to the property owner's address listed in the records of the county assessor. Service is complete upon mailing the summons and complaint. The office serving the summons and the complaint shall retain one copy of each and shall transmit one copy each to the clerk of the county court.

(c) It is the responsibility of the county attorney to enforce the provisions of this subsection (3); except that if there is not a county attorney or if the board of county commissioners deems it appropriate, the board of county commissioners may appoint the district attorney of the judicial district to perform the enforcement duties in lieu of the county attorney.

(d) If there is a conflict between this subsection (3) and the rules of civil infractions, this subsection (3) controls.

(e) For purposes of this subsection (3), "person" does not include a state agency.

(4) The county attorney has the discretion to determine whether to pursue the remedies set forth in subsections (1), (2), or (3) of this section, or any combination thereof, or any other remedies available at law or in equity. None of these remedies are intended to be mutually exclusive.