CO Code § 30-28-124 (2021)
2021 Colorado Code|Title 30 - Government - County|Article 28 - County Planning and Building Codes|Part 1 - County Planning|§ 30-28-124. Penalties

     [Editor's note: This version of subsection (1)(a) is effective until March 1, 2022.] It is unlawful to erect, construct, reconstruct, or alter any building or structure in violation of any regulation in, or of any provisions of, any zoning resolution, or any amendment thereof, enacted or adopted by the board of county commissioners under the authority of this part 1. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof, or any provision of this part 1 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than ten days, or by both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, or alteration continues shall be deemed a separate offense.      [ ] It is unlawful to use any building, structure, or land in violation of any regulation in, or of any provision of, any zoning resolution, or any amendment thereto, enacted or adopted by any board of county commissioners under the authority of this part 1. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than ten days, or by both such fine and imprisonment. Each day during which such illegal use of any building, structure, or land continues shall be deemed a separate offense. (b) (I) [ ] It is unlawful to use any building, structure, or land in violation of any regulation in, or of any provision of, any zoning resolution, or any amendment thereto, enacted or adopted by any board of county commissioners under the authority of this part 1. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than ten days, or by both such fine and imprisonment. Each day during which such illegal use of any building, structure, or land continues shall be deemed a separate offense.    [ ] It is unlawful to use any building, structure, or land in violation of any regulation in, or of any provision of, any zoning resolution, or any amendment thereto, enacted or adopted by any board of county commissioners under the authority of this part 1. Any person, firm, or corporation violating any such regulation, provision, or amendment commits a civil infraction. Each day during which such illegal use of any building, structure, or land continues shall be deemed a separate offense.    Whenever a county zoning official authorized pursuant to section 30-28-114 has personal knowledge of any violation of this paragraph (b), he or she shall give written notice to the violator to correct the violation within ten days after the date of the notice. Should the violator fail to correct the violation within the ten-day period, the zoning official may request that the sheriff of the county 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 shall require that the violator appear in county court at a definite time and place stated therein to answer and defend the charge.    One copy of said summons and complaint shall be served upon the violator by the sheriff of the county in the manner provided by law for the service of a criminal summons. One copy each shall be retained by the sheriff and the county zoning official, and one copy shall be transmitted by the sheriff to the clerk of the county court.       It is the responsibility of the county attorney to enforce the provisions of this subsection (1). In the event that there is no county attorney or in the event that the board of county commissioners deems it appropriate, the board of county commissioners may appoint the district attorney of the judicial district to perform such enforcement duties in lieu of the county attorney.       In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any regulation or provision of any zoning resolution, or amendment thereto, enacted or adopted by any board of county commissioners under the authority granted by this part 1, the county attorney of the county in which such 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 such unlawful erection, construction, reconstruction, alteration, or use. In the event that there is no county attorney or in the event that the board of county commissioners deems it appropriate, the board of county commissioners may appoint the district attorney of the judicial district to perform such enforcement duties in lieu of the county attorney.     (a) [ ] It is unlawful to erect, construct, reconstruct, or alter any building or structure in violation of any regulation in, or of any provisions of, any zoning resolution, or any amendment thereof, enacted or adopted by the board of county commissioners under the authority of this part 1. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof, or any provision of this part 1 commits a civil infraction. Each day during which such illegal erection, construction, reconstruction, or alteration continues shall be deemed a separate offense.  Editor's note: This version of subsection (1)(a) is effective March 1, 2022.  Editor's note: This version of subsection (1)(b)(I) is effective until March 1, 2022. Editor's note: This version of subsection (1)(b)(I) is effective March 1, 2022.  History. Source: L. 39: P. 308, § 24. CSA: C. 45A, § 24. CRS 53: § 106-2-24. C.R.S. 1963: § 106-2-23. L. 77: Entire section R&RE, p. 1459, § 3, effective June 9. L. 2006: (1)(b)(II) amended, p. 233, § 1, effective July 1. L. 2021: (1)(a) and (1)(b)(I) amended,(SB 21-271), ch. 462, p. 3249, § 509, effective March 1, 2022. History. Source: L. 39: P. 308, § 24. CSA: C. 45A, § 24. CRS 53: § 106-2-24. C.R.S. 1963: § 106-2-23. L. 77: Entire section R&RE, p. 1459, § 3, effective June 9. L. 2006: (1)(b)(II) amended, p. 233, § 1, effective July 1. L. 2021: (1)(a) and (1)(b)(I) amended,(SB 21-271), ch. 462, p. 3249, § 509, effective March 1, 2022.    Editor's note:   Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.   ANNOTATION   A zoning resolution may legally restrict the right to extend or enlarge a nonconforming use, and the stopping of an expansion of a nonconforming use is not an arbitrary or unreasonable exercise of governmental power. Wasinger v. Miller, 154 Colo. 61 , 388 P.2d 250 (1964).   ”Use“ defined. ”Use“ means ”to employ“ or ”to be the subject of customary practice, employment, or occupation“. Bd. of County Comm'rs v. Pfeifer, 35 Colo. App. 89, 532 P.2d 51 (1974), modified, 190 Colo. 275 , 546 P.2d 946 (1976).   Sale or buying of land is not a ”use“ prohibited by this section. Bd. of County Comm'rs v. Pfeifer, 35 Colo. App. 89, 532 P.2d 51 (1974), modified, 190 Colo. 275 , 546 P.2d 946, (1976).   Court's duties upon considering request for injunction. When considering a request for an injunction and the affirmative defenses to that request, the district court sits as a trial court, not a reviewing court, and therefore has the responsibility for determining the legal merit of those affirmative defenses. Garland v. Bd. of County Comm'rs, 660 P.2d 20 (Colo. App. 1982).   Nothing in this section precludes an investigation by the board of county commissioners of alleged zoning violations. Sundheim v. Bd. of County Comm'rs of Douglas County, 904 P.2d 1337 (Colo. App. 1995), aff'd, 926 P.2d 545 (Colo. 1996).