Colorado counties may seek court orders for property violations

County ordinances may require owners to clear rubbish, weeds, or brush, or secure or remove certain dangerous or neglected buildings. These rules concern property in a county, subject to the stated agricultural land and mining land exclusions. Currently used agricultural land is excluded from the rubbish and weeds rules. Building rules cover structures that pose a substantial danger or hazard, or specified dilapidated buildings; certain mining lands are excluded. Before county entry and seizure, the owner must receive notice and fail to address the problem, and the county must obtain a court warrant. After notice and a reasonable time to address the problem, a county may seek a warrant. The executing authority must carry it out within 30 days.

Courts may impose civil penalties for covered county rule violations, and counties may ask courts to order owners to stop or fix violations. These procedures cover violations of specified county ordinances, including zoning and building rules. A state agency is not treated as a property owner in the covered notice and penalty process. For covered property violations, written notice must explain the violation and the time to fix it before the county seeks daily penalties. For building and zoning violations, courts use stated penalty ranges and consider factors such as public safety, effects on neighbors, and the violator's ability and willingness to comply. If an owner does not appear after proper service, the court may grant the county's request or enter a default judgment. A violator has 10 days after written notice to correct certain zoning or building violations. Daily penalties continue until the violation is fixed.

The law sets out county enforcement and penalty procedures for certain agricultural law violations and ties home-rule county fines to the maximum allowed under state law. These provisions concern home-rule counties and people covered by the specified agricultural laws and county rules. The agricultural enforcement provisions exclude violations of sections 35-4-107 and 35-4-110.5; state agencies are excluded from “person” in specified procedures. Home-rule county fines or penalties cannot exceed the maximum set by state law, and imprisonment remains limited to 90 days for one offense.