{"data":{"id":"us-co/c.r.s.-35-5.5-118.5","jurisdiction":"us-co","citation":"C.R.S. § 35-5.5-118.5","heading":"Local enforcement - civil infraction - civil penalty - injunction - definitions.","body":"(1) As used in this section, unless the context otherwise requires, \"violation\" means a violation of this article 5.5, any rule adopted pursuant to this article 5.5, or any county ordinance, resolution, rule, or other regulation implementing this article 5.5.\n\n(2) (a) In addition to the enforcement authority of the commissioner pursuant to section 35-5.5-118, a person who violates this article 5.5, any rule adopted pursuant to this article 5.5, or any county ordinance, resolution, rule, or other regulation implementing this article 5.5 commits a civil infraction. The county attorney for the county where the violation occurs shall enforce civil infractions pursuant to this subsection (2)(a) by prosecution. If there is a conflict between this section and the Colorado rules of civil infractions, this section controls. Each day that a violation occurs is a separate offense.\n\n(b) As used in this subsection (2), \"person\" does not include a state agency.\n\n(3) (a) In addition to the enforcement authority of the commissioner pursuant to section 35-5.5-118 and the county attorney pursuant to subsection (2)(a) of this section, a district court or county court, upon a finding by a preponderance of the evidence that a violation occurred or is occurring, shall order the violator to pay a civil penalty of no less than one hundred dollars and no more than two thousand six hundred fifty dollars. Each day during which a violation occurs is deemed a separate offense. 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.\n\n(b) (I) The minimum civil penalty that the court may impose for a violation 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:\n\n(A) The impact of the violation on public health, safety, and welfare;\n\n(B) The impact of the violation on neighboring properties;\n\n(C) The violator's willingness to comply with or demonstrated disregard for the applicable laws;\n\n(D) The violator's ability to comply with the applicable laws;\n\n(E) Whether the violation is the use of the property for activities prohibited in the property's zone district;\n\n(F) Whether multiple violations exist on the property;\n\n(G) Prior violations by the violator on the property; and\n\n(H) Any other relevant factors determined by the court.\n\n(II) Until paid, any civil penalty ordered by the court and assessed pursuant to subsection (3)(a) of this section 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 (3). Any lien placed against the property pursuant to this section shall be recorded with the clerk and recorder of the county in which the property is located.\n\n(4) 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, injunction, or other appropriate remedy and direct the issuance of a summons stating the time, date, and place of the 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 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, 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 alternative 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, any statement of 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 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.\n\n(5) It is the responsibility of the county attorney to enforce the provisions of this section; 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 pursuant to subsections (2) and (3) of this section, in lieu of the county attorney.\n\n(6) Except for any surcharges or court costs collected by a court, any fines or penalties shall be paid to the county treasurer.\n\n(7) Notwithstanding any provision to the contrary, it is within the discretion of a county attorney to determine whether to pursue an enforcement action pursuant to this section or to pursue another remedy available under the law.","path":["Title 35 - AGRICULTURE","Article 5.5 - Colorado Noxious Weed Act"],"source_url":"https://olls.info/crs/crs2026-title-35.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"ad5c572baca6a63c2ba1e05ed7cd859b72ddbac5fb0335e764303481d7f8d320","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-35-5.5-118","next":"us-co/c.r.s.-35-5.5-119"},"notice":"GroundRules: Original legal text. Not legal advice."}