8 CCR 1507-31, art. 11 - ENFORCEMENT
11.1 The Director
and Executive Director will enforce the requirements of the codes adopted in
Article 3 when the Division is considered the Authority Having Jurisdiction, in
accordance with the provisions of section
24-33.5-1213, C.R.S.
11.1.1 The Director may issue a notice of
violation to a person who is believed to have violated the codes as determined
by an inspection pursuant to section
22-32-124(2),
23-71-122(1)(v),
24-33.5-1212.5, or
24-33.5-1213.3, C.R.S. The notice
shall be delivered to the alleged violator by certified mail, return receipt
requested, or by any means that verifies receipt as reliably as certified mail,
return receipt requested.
11.1.2
The notice of violation shall allege the facts that constitute a
violation
11.1.3 The notice of
violation may require the alleged violator to correct the alleged
violation.
11.1.4 Within ten
working days after delivery of the notice of violation, the alleged violator
may request in writing an informal conference with the Director concerning the
notice of violation. If the alleged violator fails to request the conference
within ten days, the notice of violation is final and not subject to further
review by the Director, and any requirement to correct the alleged violation
pursuant to 11.1.4 becomes a binding enforcement order.
11.1.5 Upon receipt of a request for an
informal conference, the Director shall set a reasonable time and place for the
conference and shall notify the alleged violator of the time and place of the
conference. At the conference, the alleged violator may present evidence and
arguments concerning the allegations in the notice of violation.
11.1.6 Within twenty working days after the
informal conference, the Director shall uphold, modify, or strike the
allegations within the notice of violation and may issue an enforcement order.
The decision and, if applicable, enforcement order shall be delivered to the
alleged violator by certified mail, return receipt requested, or by any means
that verifies receipt as reliably as certified mail, return receipt
requested.
11.2 A person
who is the subject of, and is adversely affected by, a notice of violation or
enforcement order issued pursuant to Article 11 may appeal such action to the
Executive Director. The Executive Director shall hold a hearing to review such
notice or order and take final action in accordance with Article 11 and may
either conduct the hearing personally or appoint an administrative law judge
from the department of personnel.
11.2.1 Final
agency action shall be subject to judicial review pursuant to C.R.S. Article 4
of Title 24.
11.2.2 An alleged
violator who is required to correct an action pursuant to Article 11 shall be
afforded the procedures set forth in section
24-4-104(3),
C.R.S., to the extent applicable.
11.3 An enforcement order issued pursuant to
this Article may impose a civil penalty, depending on the severity of the
alleged violation, not to exceed five hundred dollars per violation for each
day of violation; except that the Director may impose a civil penalty not to
exceed one thousand dollars per violation for each day of violation that
results in, or may reasonably be expected to result in, serious bodily
injury.
11.4 The Director may file
suit in district court in the judicial district in which a violation is alleged
to have occurred to judicially enforce an enforcement order issued pursuant to
this section.
11.5 In addition to
the remedies provided in this Article, the Director is authorized to apply to
the district court, in the judicial district where the violation has occurred,
for a temporary or permanent injunction to restrain any person from violation
any provision of section 22- 32-124(2) or
23-71-122(1)(v),
C.R.S., or section 24-33.5-1212.3 or
24-33.5-1213.5, C.R.S. regardless
of whether there is an adequate remedy at law.
11.6 It is not the intent of this Article to
remove, limit, or modify enforcement authority of the fire department providing
fire protection service for buildings or structures of a Business
Entity.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.