2 CCR 601-3-4.00 - Due Process and Enforcement

A. After the 60 day notice period has expired, the Department may determine with or without a hearing whether the Advertising Device is in compliance.

B. If the Department determines the Advertising Device is not in compliance with state and federal law and these Rules, it shall issue an order that shall be served upon the party by certified mail setting forth:

1. The provisions of the law or Rules violated;

2. The facts alleged to constitute the violation;

3. The time by which the Advertising Device must be removed; and

4. That the Advertising Device will be removed at the party's expense. [§ 43-1-412(4), C.R.S.]

C. If the party does not remove the Advertising Device as ordered, the Department is authorized to remove it immediately and bill the appropriate party for costs incurred. [§ 43-1-412(5), C.R.S.]

D. If the Property owner does not consent to the Department's entry upon the land to remove the Advertising Device, and no party has sought judicial review pursuant to the State Administrative Procedure Act, the Department may apply to a court of competent jurisdiction for an order allowing the Department to enter upon the land for the purpose of immediately removing the Advertising Device.

E. The court shall issue such order upon proof the Advertising Device has not been removed and judicial review has not been sought. [§ 43-1-412(5), C.R.S.]

F. Upon removal of the Advertising Device pursuant to § 43-1-412, C.R.S., neither the owner of the Property upon which it was erected nor the Department shall be liable in damages to anyone who claims to be the owner of the Advertising Device but who has failed to obtain a Permit.

G. The Department shall not be responsible for damages otherwise created by the removal of the Advertising Device or for its destruction subsequent to removal. [§ 43-1-412(6), C.R.S.]

Notes

2 CCR 601-3-4.00

38 CR 02, January 25, 2015, effective 2/14/2015 44 CR 21, November 10, 2021, effective 11/30/2021