§ 11.1. GENERAL PROVISIONS

11.1.1.   Purpose

The purpose of this Chapter is to require compliance with this Code, to state which activities violate this Code, and to establish general County remedies when a violation exists.

11.1.2.   Authority to Enforce

The BoCC and its duly appointed representatives shall have:

• the authority to enforce the provisions of the Zoning Resolution and this Code, including companion documents, in accordance with this Chapter and the governing statutes (C.R.S. § 30-28-124 and C.R.S. § 30-28-124.5, as amended);

• the authority to enforce the provisions of the Subdivision Regulations and this Code, including companion documents, in accordance with this Chapter and the governing statutes (C.R.S. § 30-28-110(3)-(4), C.R.S. § 30-28-133(1), and C.R.S. § 30-28-137(3)-(4), as amended);

• the authority to enforce the applicable provisions of Chapter 7 concerning Waste Disposal and Recycling Facilities and this Code in accordance with this Chapter and the governing statutes and regulations (The Solid Wastes Disposal Sites & Facilities Act, C.R.S. §§ 30-20-100.5 et seq.; Infectious Waste C.R.S. §§ 25-15-401 et seq. "Infectious Waste"; and CDPHE "Regulations Pertaining to Solid Waste Disposal Sites & Facilities", 6 C.C.R. 1007-2 hereinafter referred to as "State Solid Waste Regulations"); and

• the authority to enforce the provisions of Appendix B Guidelines and Regulations for Areas and Activities of State Interest of El Paso County authorized by, inter alia, Section 24-65.1-101, et seq., C.R.S.; Section 30-28-101, et seq., C.R.S.; Section 30-28-201, et seq., C.R.S.; and Section 29-20-101, et seq., C.R.S.

Nothing in this Chapter or any other provision of this Code shall be construed to restrict the ability of the BoCC to pursue any available means of enforcement available to it under state law.

11.1.3.   Duty to Enforce

(A)

PCD Director. It shall be the duty of the PCD Director to interpret and enforce all regulations, requirements, and conditions contained in this Code, companion documents, and in any approved development applications, financial assurances, development agreements, subdivision improvement agreements, or any other plan or permit required by this Code or an agreement approved pursuant to this Code unless that duty has been expressly delegated to another office.

(B)

ECM Administrator. It shall be the duty of the ECM Administrator to interpret and enforce all regulations and requirements contained in the ECM, companion documents, and any related plan requirements required by this Code pertaining to subdivision construction, road construction, access, grading, and drainage unless that duty has been expressly delegated to another office.

(C)

Coordination Between Departments. Any enforcement action may be coordinated with any other department or division of the County or with the Building Department.

(D)

Inaction. Inaction or lack of enforcement on the part of the County shall not constitute a waiver of the right of enforcement.

(E)

Relationship Between Development Application and Violation. A development application shall not be initiated or accepted for submittal by the PCD if the property subject to the application is in violation of this Code unless the purpose of the development application is to correct the violation, or unless specific authorization for submittal is granted by the PCD Director. The PCD Director may suspend any enforcement action prior to such action being heard by the BoCC while an application to correct or resolve the violation has been submitted.

11.1.4.   Right to Inspect

(A)

General Provisions. The PCD Director is hereby empowered to inspect any building, structure, real property, proposed right of way, or tract of land within or upon which there is reasonable cause to believe a use exists or construction or alteration work is being performed, or has been performed, in violation of the applicable provisions of this Code. Such inspections may include the following:

• Observations of the property from those portions of the property which are open or accessible to the public, from public property, or from other private property for which permission to enter has been obtained from the owner or occupant.

• Entry onto the property pursuant to a court order obtained after submitting an application for an administrative search warrant which includes a sworn affidavit detailing facts to support a reasonable belief that a violation is likely to exist and that further investigation of the premises is warranted.

• Entry onto the property in emergency situations in which the PCD Director has reason to believe that the public health or safety is in imminent danger and could be jeopardized by any delay in securing entry.

• Entry onto the property after receiving express permission from the alleged violator.

(B)

Application Signature Constitutes Consent.  

(1)

Permission to Enter Property until Action Completed. Signing any application for a development permit, except those specifically listed in paragraph (2) below, shall constitute permission for the PCD Director to enter and inspect a property until the use, activity, development, subdivision or construction that is the subject of the development application or permit has concluded.

(2)

Permission to Enter Property Until Final Approval. Signing an application for a rezoning, variance, site plan, vacation or preliminary plan shall constitute permission for the PCD Director to enter and inspect a property only until the application has received final approval by the approval authority.

(3)

Hours of Inspection. The inspections provided for in this subsection (B) shall be carried out during normal business hours except in emergency situations or when the violation typically occurs or can only be observed outside normal business hours.

11.1.5.   Previous Violations

Nothing in this Code shall prohibit the continuation of pending enforcement actions undertaken by the County pursuant to previous regulations provided that the violation also exists under the current Land Development Code.

11.1.6.   Non-Liability of the County

No provision of this Code shall be construed to hold El Paso County or any of its employees or officials, acting within the scope of their employment in any manner, responsible or liable for any damages to persons or property resulting from any inspection, enforcement or review as required or permitted by this Code, from any failure to enforce or inspect, from the issuance or denial of any building permit, or from the institution or failure to institute any court action as authorized or required by these standards and regulations.

In enacting this Code, the BoCC intends to preserve all rights of the County, its agencies and departments, its elected and appointed officials, and its employees to immunity from liability as set forth in the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq.

11.1.7.   No Permission to Violate Codes

(A)

Oversight or Error. No oversight or error on the part of the PCD Director or any official or employee of the County shall legalize, authorize, or excuse the violation of any of the provisions of this Code.

(B)

Issuance of Permit or Approval. The issuance or granting of any development permit or construction permit or any permit, plan, specifications, computations, or inspection approval does not constitute a permit for, or an approval of, any violation of any of the provisions of this Code. Development permits, construction permits, or inspections presuming to give authority to violate or cancel the provisions of this Code or other County regulations or ordinances are invalid.

(C)

Errors in Approved Plans. The issuance of a development permit or construction permit based on plans, specifications, and other data does not prevent the PCD Director from subsequently requiring the correction of errors in the plans, specifications, and other data or from stopping building operations that are in violation of this Code or any other applicable law.

(D)

Falsified or Misrepresented Information. The issuance of a development permit or construction permit based on falsified or intentionally misrepresented information does not prevent the PCD Director from subsequently requiring the correction of errors in the plans, specifications, and other data or from stopping building operations that are in violation of this Code or any other applicable law.

11.1.8.   Restoration and Mitigation as a Remedy

(A)

PCD Director Authorized to Order Restoration. In addition to other enforcement remedies provided for in this Code, the PCD Director may order the reasonable restoration of a structure, premises, and any adjacent and affected site to its lawful condition or may require reasonable mitigation. These requirements may be attached as conditions to development permits or enforcement actions and orders as appropriate.

(B)

Alleged Violator Bears Sole Cost of Restoration. Any restoration or mitigation imposed by the PCD Director shall be at the sole cost of the alleged violator.

(C)

Mitigation as Alternative to Restoration. Mitigation may be appropriate where the PCD Director determines that restoration of the premises or adjacent site to its pre-existing condition is not feasible or that irreparable damage has been done to the premises, an environmentally sensitive land, or a historical structure.

The PCD Director may require a combination of restoration and mitigation of the structure or premises if warranted by the circumstances.

11.1.9.   Authority to Prepare Administrative Guidelines and Procedures

The PCD Director may promulgate additional administrative guidelines and procedures to implement and clarify the authority, responsibilities and procedures to enforce under this Code.