Article 6. Administration, Enforcement and Penalties

2.601.   Enforcement and Penalties

(1)

Any person engaging in development in a designated area of a state interest or conducting a designated activity of state interest who does not obtain a Permit pursuant to these Regulations, who does not comply with Permit requirements, who acts outside the authority of an issued Permit, or who exceeds the permission granted in an issued permit has thereby acted unlawfully.

(2)

All unlawful acts pursuant to these Regulations may be referred to the Office of the County Attorney, who may follow the enforcement procedures in Chapter 11 of the El Paso County Land Development Code for the institution of an injunction, mandamus, abatement, or other appropriate action to prevent, enjoin, abate, or remove a violation of these Regulations to prevent a person from engaging in unlawful development or conducting an unlawful activity or to otherwise restore the premises to the condition that existed before the violation, and may be further subject to such other criminal or civil liability as may be prescribed by law.

2.602.   Mapping Disputes

Where interpretation is needed as to the exact location of the boundary of any designated area and where there appears to be a conflict between a mapped boundary and actual field conditions, the Director shall make the necessary determination of the boundary. Any person contesting the location of the boundary shall be given an opportunity to appeal the decision to the Permit Authority. Any such appeal must be filed in writing with the Director within thirty (30) days of the date of the determination of boundary; otherwise, the determination of the Permit Authority will be final.

2.603.   Inspection

(1)

The Development Services Director is hereby empowered and directed to inspect and examine the use, occupation or development in each and every area or conduct of any activity subject to these Regulations for the purpose of determining from time to time whether or not any use occupation, development or activity is in violation of any of the provisions of these Regulations or of any Permit issued or required pursuant to these or other applicable regulations.

(2)

If a violation shall be found to exist, the Development Services Director shall by written order direct that such remedial action be taken forthwith as will result in full compliance with the applicable regulations, provided, however, that the issuance of such order shall in no way or manner be deemed a prerequisite to the institution of such enforcement proceedings as are set forth in these Regulations; and provided further, that compliance with such order shall not necessarily be deemed to be a defense to any alleged violation of these Regulations or other applicable regulations of El Paso County or the State of Colorado.