C.R.S. § 35-4-114: Penalties.

(1) (a) Except for sections 35-4-107 and 35-4-110.5, any person who violates any of the provisions of this article 4 commits a civil infraction. The commissioner or a board of county commissioners may refer such cases to the district attorney of the county in which the violation is alleged to have occurred for such action as may be deemed necessary. The conviction of a violation of any of the provisions of this article 4 is cause for revocation of any certificate, permit, or appointment issued under this article 4.

(b) The sheriff or county attorney, at the request of the board of county commissioners, may 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 in the summons to answer and defend the charge.

(c) 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 (1) and the rules of civil infractions, this subsection (1) controls.

(2) (a) In addition to the enforcement authority in subsection (1) of this section, any person who violates this article 4, except for sections 35-4-107 and 35-4-110.5, shall, upon request by the county, be subject to the imposition, by order of the county or district court, of a civil penalty of not less than one hundred dollars or more than two thousand six hundred fifty dollars. Each day the violation occurs is deemed a separate offense and the civil penalty continues to accrue until the violation is remedied. 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.

(b) If the court finds, by a preponderance of the evidence, that a violation has occurred, the court shall order the violator to pay a civil penalty in an amount allowed pursuant to this subsection (2). The penalty shall be payable immediately by the violator to the county treasurer.

(c) The minimum civil penalty for a violation of this article 4 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. In determining the appropriate fine for the violation, the court may consider 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.

(d) Until paid, any civil penalty ordered by the court and assessed under this subsection (2) 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 (2). Any lien placed against the property pursuant to this subsection (2) shall be recorded with the clerk and recorder of the county in which the property is located.