A. The Program Manager will investigate all complaints and alleged damage. The Program Manager may receive complaints from any person who observes or identifies a violation or evidence of a violation of this article or from the Colorado Underground Damage Prevention Safety Commission. The Program Manager may also identify violations as a result of a damage investigation involving damaged underground facilities. The Program Manager will characterize the violations as minor, moderate or major. If violations are found, the Program Manager will issue a notice of violation that is personally served whenever feasible and states with particularity the nature of the violation, the facts giving rise to the violation, any fines, penalties, or damages to be imposed, and that the recipient of the notice has the right to appeal the notice of violation by written application within ten (10) days of the date of service of the notice of violation. Upon receipt of a written application requesting an appeal hearing, the Program Manager shall schedule a hearing with a hearing officer to occur within thirty (30) days of the date of receipt of the written application requesting the appeal. Any party adversely affected by the decision of a hearing officer may appeal that decision to the District Court in and for El Paso County, Colorado, pursuant to rule 106(a)(4) of the Colorado Rules of Civil Procedure.
B. The Program Manager may recommend to the City Engineer that the party's excavator's permit issued pursuant to City Code section 3.3.202 be suspended or revoked and notify the City Clerk.
C. In addition to penalties, the Program Manager may require any person found to be in violation of this article to take an excavation safety training class.
D. Penalties and damages for violation of this article shall be as set forth in Colorado Revised Statutes sections 9-1.5-104.4 and 9-1.5-104.5. (Ord. 20-70 1 )
Notes
| 1 | 1. January 1, 2021 is the effective date of Ordinance 20-70. |