ARTICLE 11

ADMINISTRATION, ENFORCEMENT AND INTERPRETATION

11.1     Enforcement

The Board shall have the power and duty to enforce the provisions of these Regulations and all Land Use Regulations. An appeal from any administrative ruling shall be made to the Board of Adjustment.

11.2     Form of Petitions, Applications and Appeals

All permits, petitions, applications and appeals provided for in these regulations shall be made on forms provided for the purpose or as otherwise prescribed by the Board, the Planning Commission or Board of Adjustment, in order to assure the fullest practical presentation of pertinent facts and to maintain a permanent record. All applications for Land Use and Construction Consent shall be accompanied by plans and specifications, drawn to scale, showing the actual shape and dimensions of the lot to be used and/or built upon; the exact sizes and locations on the lot of the buildings and other structures, existing and proposed; the existing and intended use of each building, structure, or part thereof; the number of families to be accommodated, if any; and such other information as is needed to determine conformance with the provisions of these and all other County Regulations.

11.3     Temporary Permits

The Board may issue temporary permits for storage buildings to be constructed and used incidental to construction of buildings on the property and for signs advertising a subdivision or tract of land or the lots thereon.

11.4     Time Limit on a Permit for Variance

An approved Land Use and Construction Consent for a use involving a variance shall be void after one (1) year from the day of issuance if no substantial construction has taken place.

11.5     Interpretation

The provisions of these Regulations shall be held to be the minimum requirements fulfilling their objectives. Where the conditions imposed by any provision of these Regulations are less restrictive than comparable conditions imposed by any other provisions of these Regulations or by any state statute or other County resolution or regulation, the provisions which are most restrictive shall govern.

11.6     Severability

It is hereby declared to be the legislative intent that the provisions of these Regulations shall be severable in accordance with the provisions set forth below:

(A)      If any provision of these Regulations or of any Land Use Regulation is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that:

(1)       The effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and

(2)       Such decision shall not affect, impair or nullify these Regulations as a whole or any part thereof, but the rest of these Regulations shall continue in full force and effect.

(B)       If the application of any provision of these Regulations or of any Land Use Regulation to any tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that:

(1)       The effect of such decision shall be limited to that tract of land immediately involved in the controversy, action or proceeding in which the judgment or decree of invalidity was rendered; and

(2)       Such decision shall not affect, impair or nullify these or other Land Use Regulations as a whole or the application of any provision thereof to any other tract of land.

11.7     Penalty

(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, subdivision or mobile home, park and campground or septic regulation of Mineral County (collectively, “Land Use Regulations”, including sets of regulations adopted after this Zoning Resolution with a different title from the foregoing but identified as Land Use Regulations) or any amendment thereof, enacted or adopted by the Board under the authority of Colorado statutes. Any person, firm, or corporation violating any such regulation, provision, or amendment thereof, or any provision of CRS 30-28-124 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 day, 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.

(B)

(1)       It is unlawful to use any building, structure, or land in violation of these or any other Land Use Regulation in, or of any provision of, any zoning or other land use resolution, or any amendment thereto, enacted or adopted by the Board under the authority of Colorado statutes. 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.

(2)       Whenever the Land Use Administrator has personal knowledge of any violation of any Zoning or Land Use Regulation, he shall give written notice to the violator to correct such violation within ten (10) days after the date of such notice. Should the violator fail to correct the violation within such ten (10) day period, the Land Use Administrator may request that the County Sheriff issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in the 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 in the manner provided by law for the service of a criminal summons. One copy each shall be retained by the County Sheriff and the Land Use Administrator, and one copy shall be transmitted by the County Sheriff to the Clerk of the County Court.

(3)       It is the responsibility of the County Attorney to enforce these and all Land Use Regulations. In the event that there is no county attorney or in the event that the Board deems it appropriate, the Board may appoint the District Attorney of the 12^th Judicial District to perform such enforcement duties in lieu of the County Attorney.

(C)       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 these Zoning or other Land Use Resolution, or amendment thereto, enacted or adopted by the Board under the authority granted by Colorado statutes, the County Attorney, in addition to other remedies provided bylaw, 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, at the time, there is no county attorney or in the event that the Board deems it appropriate, the Board may appoint the District Attorney of the 12^th Judicial District to perform such enforcement duties in lieu of the County Attorney.

(D)      County court actions for civil penalties for zoning violations.

(1)       It is unlawful to erect, construct, reconstruct, alter, or use any building, structure, or land in violation of any regulation in, or of any provisions of, this Zoning or any other Land Use Regulation or any amendment thereof enacted or adopted by the Board under the authority of Colorado statutes. In addition to any penalties imposed pursuant to 11.7(A)(B) and (C), any person, firm, or corporation violating any such Regulation, provision, or amendment thereof may be subject to the imposition, by order of the County Court, of a civil penalty in an amount of not less than five hundred ($500) dollars nor more than one thousand ($1000) dollars. It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this section, the remedies set forth in 11.7(A), (B) and (C), or both. Each day after the issuance of the order of the County Court during which such unlawful activity continues shall be deemed a separate violation and shall, in accordance with the subsequent provisions of this section, be the subject of a continuing penalty in an amount not to exceed one hundred (100) dollars for each such day. Until paid, any civil penalty ordered by the County Court and assessed under this paragraph 11.7 (D)(1) shall, as of recording in the office of the Clerk and Recorder in the form of a lien, be a lien against the property on which the violation has been found to exist. If the assessment is not paid within thirty (30) days of such recording, it may be certified by the County Attorney to the County Treasurer, who shall collect the civil penalty, together with an additional ten percent (10%) penalty for the cost of collection, in the same manner as other taxes are collected. Colorado laws for assessment and collection of general taxes, including laws for the sale and redemption of property taxes, shall apply to the collection of these civil penalties and penalty interest.

(2)

(a)        In the event any building or structure is erected, constructed, reconstructed, altered, or used or any land is used in violation of any Regulation of these Zoning or other Land Use Regulations or amendment thereto, enacted or adopted by the Board under the authority granted by Colorado statutes, the County Attorney, in addition to other remedies provided by law, may commence a civil action in the County Court seeking the imposition of a civil penalty in accordance with the provisions of this section.

(b)       The Land Use Administrator shall, upon personal information and belief that a violation of any Regulation or provision of this Zoning or any other Land Use Regulation has occurred, shall give written notice to the violator to correct such violation within ten (10) days after the date of such notice. If the violator fails to correct the violation within such ten-day period or within any extension of time granted by the Land Use Administrator in writing, he or she or the County Sheriff or the County Attorney may issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of such charge to the violator.

(c)        One copy of the summons and complaint issued pursuant to paragraph (b) of this subsection (2) shall be served upon the violator in the manner provided by law for the service of a county court civil summons and complaint in accordance with the Colorado Rules of County Court Civil Procedure. The summons and complaint shall also be filed with the Clerk of the County Court and thereafter the action shall proceed in accordance with the Colorado Rules of County Court Civil Procedure.

(d)       If the County Court finds, by a preponderance of the evidence, that a violation of any Regulation or provision of this Zoning or any other Land Use Regulation or amendment thereto, as enacted and adopted by the Board, has occurred, the Court shall order the violator to pay a civil penalty in an amount allowed pursuant to subsection (1) of this section. Such penalty shall be payable immediately by the violator to the County Treasurer. In the event that the alleged violation has been cured or otherwise removed and the violator has notified the Land Use Administrator of the cure or removal at least five (5) business days prior to the appearance date in the summons, the Land Use Administrator shall so advise the County Attorney and he or she shall so inform the Court and request that the action be dismissed without fine or appearance of the defendant.

(3)       Upon the filing with the Court of a receipt issued by the County Treasurer showing payment in full of a civil penalty assessed pursuant to this Article 11 and upon the filing of an affidavit of the Land Use Administrator that the violation has been cured, removed, or corrected, the County Court shall dismiss the action and issue a satisfaction in full of the judgment so entered. The Court may also dismiss the action upon a motion of the County Attorney indicating that the matter has been otherwise resolved.

(4)       If a receipt showing full payment of the civil penalty or the affidavit or the motion by the County Attorney required by paragraph (3) above is not filed, the action shall continue and the County Court shall retain jurisdiction to impose an additional penalty against the violator in the amount specified in paragraph (D)(1) above. Such additional penalty shall be imposed by the County Court upon motion filed by the County and proof that the violation has not been cured, removed, or corrected. Thereafter, the action shall continue until the filing with the County Court of a receipt issued by the County Treasurer showing payment in full of the civil penalty and any additional penalties so assessed and the filing of an affidavit of the Land Use Administrator that the violation has been cured, removed, or corrected or until a motion by the County Attorney to dismiss the action is granted by the County Court.

11.8     Liability for Damages

Neither these Zoning Regulations nor any Land Use Regulation shall be construed to hold the County or its authorized representatives, officers, employees, agents, the Board, the Planning Commission, the B of A or any member thereof, the Land Use Administrator or the County Attorney, as officers or individuals, responsible for any damage to persons or property by reason of the enforcement or lack of enforcement of any provision of these Zoning or any other Land Use regulations or any activity of any kind or character associated with any of those Regulations, including inspections or reinspections authorized herein or failure to inspect or reinspect or by reason of issuing a Land Use and Construction Consent as herein provided.

11.9     Safety Clause

The Board hereby finds, determines and declares that these Zoning Regulations and all other Land Use Regulations are necessary for the preservation of the public peace, health and safety of the people of Mineral County.

11.10   Land Use and Construction Consent

It shall be unlawful to erect, construct, reconstruct or alter any building or structure without obtaining a Land Use and Construction Consent if the cost thereof is in excess of Five Hundred Dollars ($500.00). The provisions of this paragraph 11.10 shall not apply to the interior alteration of any single unit dwelling or to the construction of fences or accessory buildings for agricultural purposes. Other rules and regulations related to Land Use and Construction Consent appear in separate resolutions of the Board enacted and adopted before or after the date of these Regulations.

11.11   Upon the adoption of these Zoning Regulations, other Land Use Regulations, amendments to any such Regulations and any Zoning Map or amendment thereto, the Land Use Administrator shall file a certified copy of the same in the office of the Clerk and Recorder who shall index the same as nearly as possible in the same manner as he or she indexes instruments pertaining to the title of land.

11.12   The Board may appropriate out of the County General Fund such moneys, otherwise unappropriated, as it may deem fit to finance the work of the Planning Commission and of the B of A and to enforce these Zoning and other Land Use Regulations and to accept grants of money and service for these purposes and other purposes, from either private or public sources, state or federal.

11.13   None of the provisions of these Zoning Regulations shall apply to any existing building, structure, or plant or other equipment owned or used by any public utility. Future extensions, betterments, or additions to buildings, structures, or plant or other equipment of any public utility shall only be made in conformity with these Regulations unless, after public hearing first had, the public utilities commission orders that such extensions, betterments, or additions to buildings, structures, or plant or other equipment are reasonable and that such extensions, betterments, or additions may be made even though they conflict with these Zoning Regulations.