Chapter 2 - § 2.11 • ENFORCEMENT

• Jurisdiction: Colorado

§ 2.11 • ENFORCEMENT

§ 2.11.1—Statutory Counties

• C.R.S. §§ 30-28-124 and 30-28-124.5
• C.R.S. §§ 30-28-209 and 30-28-210

Any landowner who fails to comply with county zoning statutes or violates use regulations or building codes is subject to fines, imprisonment, or civil money penalties.²⁸⁹ Each day that a landowner remains in noncompliance is considered a separate violation for purposes of calculating fines and penalties.²⁹⁰ In addition, the General Assembly amended applicable statutes in 2006 to provide that unpaid civil money penalties are liens against the subject property.²⁹¹ Counties also have the authority to enjoin landowners from continuing to violate land use ordinances by seeking judicial review.²⁹²

§ 2.11.2—Statutory Municipalities

• C.R.S. § 31-16-101
• C.R.S. § 31-23-308

Statutory municipalities have broad authority to enforce any of their adopted ordinances by subjecting violators to fines or imprisonment.²⁹³ In the case of any building being constructed, maintained, or used in a manner that violates a local ordinance, the municipality may also seek injunctive relief in court.²⁹⁴

§ 2.11.3—Home Rule Municipalities

Home rule municipalities may generally create their own zoning enforcement powers and penalties, subject to statutory and constitutional limitations. As discussed in the Introduction, however, unless and until a home rule jurisdiction adopts separate provisions for zoning violations, enforcement and penalties by charter or ordinance, they are subject to those zoning enforcement provisions applicable to statutory municipalities.

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Notes:

^[289] C.R.S. § 30-28-124.

^[290] Id.

^[291] C.R.S. §§ 30-28-124.5, 30-28-210.

^[292] C.R.S. § 30-28-209.

^[293] C.R.S. § 31-16-101.

^[294] C.R.S. § 31-23-308.