§ 11.3. ZONING VIOLATIONS

11.3.1.   Unlawful Acts

It is unlawful to use real property or improvements thereon; to develop real property, to erect, construct, reconstruct, remodel, restore or improve a building or structure, or to alter the use of any real property or improvements thereon in any way not in accordance with this Code or with the terms and conditions of any development application approval or development permit, or without first obtaining all development approvals and permits required by this Code.

11.3.2.   Enforcement Procedures

This section sets forth the enforcement options available and the presumed progression of enforcement actions that may be taken by the BoCC, or the PCD Director through an executive determination, to address violations. Nothing in this Section shall prevent the BoCC, or the PCD Director through an executive determination, from exercising discretion to pursue the remedies or any combination thereof, as set forth below or as provided by Colorado law.

(A)

Notice of Violation and Executive Determination. If probable cause exists to believe that a violation has occurred, a notice of violation shall be sent via first class mail to the alleged violator's mailing address as listed in the records of the El Paso County Assessor's Office and to the mailing address of the property in question, if one exists.

The notice of violation shall specifically describe the nature of the violation and shall require that the violation be corrected within fourteen (14) days after the date of the notice. The notice of violation may require that the violation be corrected within a period of time less than fourteen (14) days if the PCD Director determines, in his or her sole discretion, that the violation presents an immediate risk to the public health, safety, or welfare. The notice of violation shall provide that the alleged violator may request additional time to correct the violation.

If the violation is not corrected within the time period established in the notice of violation or approved extension of time, the PCD Director may issue an executive determination to the alleged violator authorizing the OCA to pursue remedies under Parts (D)(2) or (3) of this Section, subject to appeal as set forth below.

The PCD Director shall mail the executive determination to the alleged violator in the same manner as the notice of violation. The executive determination shall specify the nature of the violation, and provide ten (10) days after the date of the executive determination for the alleged violator to request an appeal, at no cost to the alleged violator, to the BoCC prior to the OCA pursuing remedies under Parts (D)(2) or (3).

The executive determination shall state that the alleged violator may appeal the PCD Director's decision to the BoCC. The alleged violator must submit an appeal in writing to the PCD Director. Any written appeal must be received by the PCD Director within ten (10) days after the date of the executive determination. Any such appeals received beyond ten (10) days shall be deemed untimely.

If no appeal is received within ten (10) days after the date of the PCD Director's executive determination, then the PCD Director's executive determination shall be final and the OCA may proceed with litigation to seek remedies pursuant to Parts (D)(2) or (3) of this Section.

(B)

Revocation of Approvals and Permits. If an alleged violator is in violation of the terms and conditions of a development application approval or development permit that was issued by the PCD without review by the Planning Commission or the BoCC, the PCD Director may revoke the development permit or development application approval. Notice of the revocation may be sent via first class mail to the property owners mailing address as listed in the records of the Assessor's Office and to the mailing address of the property if one exists. Appeals of revocations may be taken to the BoCC pursuant to the procedures set forth in the Procedures Manual.

(C)

Appeal Hearing. If the PCD Director receives a timely appeal from his or her executive determination as set forth in Part (A), then the PCD Director shall place the matter on the BoCC's next available land use hearing agenda.

The alleged violator shall be notified of the date, time, and place of the hearing via first class mail to the alleged violator's mailing address as listed in the records of the El Paso County Assessor's Office no less than five (5) days prior to the hearing.

At the hearing, the alleged violator shall have the opportunity to present evidence and testimony to show cause why further enforcement action should not be taken. The BoCC shall consider all such evidence and testimony, along with any presentation, evidence, or testimony offered by the Planning and Community Development Department or other County staff, in reaching its decision to affirm or overturn the decision to issue the executive determination.

At the conclusion of the appeal hearing, the BoCC may decide to overturn the decision to issue the executive determination or may affirm the decision and instruct the PCD Director to proceed with one or more of the enforcement mechanisms provided in Part (D) below.

The appeal hearing shall not be considered a quasi-judicial or legislative action or matter under any circumstances.

(D)

Remedies. The following remedies for enforcement of the Code shall be cumulative and shall in no way limit the BoCC's authority to seek any other remedy available at law for violations of the Code

(1)

Criminal Prosecution. Only the BoCC may authorize the initiation of criminal prosecution for violations of the Code.

(2)

Injunction. The BoCC, or the PCD Director through an executive determination, may refer the matter to the OCA for the institution of an injunction, mandamus, abatement, or other appropriate action to prevent, enjoin, abate, or remove a violation or to otherwise restore the premises to the condition that existed before the violation, pursuant to state statute.

(3)

County Court Action for Civil Remedies. The BoCC, or the PCD Director through an executive determination, may refer the matter to the OCA for filing of a County Court action seeking the imposition of civil penalties pursuant to state statute.