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A. If the owner or agent of the owner fails to pay the cost and expenses for restoration within thirty (30) days after billing, a lien may be assessed against the property for such cost in accord with this UDC.
B. If the application of any provision of this Part 7.5.13 to any lot, building, or other structure or a 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 the effect of such decision shall be limited to that lot, building, or other structure or tract of land immediately involved in the controversy, action, or proceeding in which the judgment or decree of invalidity was rendered, and such decision shall not affect, impair, or nullify all or any other part of the UDC regulations concerning historic preservation or the application of any historic preservation regulation in this UDC to any other lot, building, or other structure or tract of land.
C. Section RBC311 of the Regional Building Code provides means for the preservation of historic buildings relating to their repair, alteration, relocation, and change of occupancy.
D. Section RBC112 (Dangerous Buildings) of the Regional Building Code provides for a just, equitable, and practical method for dealing with dangerous buildings. (Ord. 23-03)
PART 14 BUILDING CODE ENFORCEMENT
SECTION:
7.5.1401: Penalty Provision From The Regional Building Code
7.5.1402: Violations
7.5.1403: Enforcement
7.5.1404: Failure To Obey Order/Decision
7.5.1405: Felony Or Criminal Fraud
7.5.1406: Contractor Penalty Provisions
7.5.1407: Altering, Defacing, Or Removing A Numeric Address
7.5.1408: Failure To Abate A Swimming Pool Nuisance
A. The Regional Building Code is subject to the following penalty provisions:
RBC101.8. Violations.
Any person violating the Building Code or any provision of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $500, or imprisoned not more than ninety (90) days in the City jail or County jail, or both. A separate offense shall be deemed committed for each and every calendar day during which any illegal erection, construction, reconstruction, alteration, maintenance, or use continues, beginning on the date the City notifies the property owner of the violation. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered or remodeled, or used or maintained in violation of this Code or of any provision of the Building Code, the Jurisdiction's attorney or the Department's attorney, as applicable, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate or remove any unlawful erection, construction, reconstruction, alteration, remodeling, maintenance or use.
RBC103.12. Authority to Impose a Fine.
The Building Official may impose an administrative fine in an amount of up to $1,000.00 on any person (entity included) engaged in any construction consulting work or construction work covered by this Code within the Jurisdictions who engages in this work in violation of any provisions of this Code. Appeals to this action may be made as provided for elsewhere in this Code.
RBC103.13 Authority to Record a Certificate of Alleged Noncompliance.
The Building Official shall have authority to record a certificate of alleged noncompliance in the public records of the County of the Jurisdiction where a property is located thirty (30) calendar days after notice of noncompliance is posted on the premises or sent by registered mail or by certified mail, postage prepaid, return receipt requested, addressed to the record owner as such concerns any work done by any person, which work allegedly fails to comply with the final inspection requirements of this Code. Service is perfected under this Section at the earliest of the date of posting; the date the record owner receives the notice of non-compliance; the date shown on the return receipt, if signed on behalf of the record owner; or five (5) days after mailing. This Section does not prescribe the only means, or necessarily the required means, of serving a person in the State of Colorado. When the person has made appropriate corrections so that the work becomes compliant with this Code, the Building Official may record a release of the certificate of alleged non-compliance.
RBC105.2.3. Emergency Work.
All work performed on an emergency basis, as determined by the Building Official, to maintain an existing service or to maintain an existing installation, building or structure, where the maintenance is necessary to protect life or property, shall not be subject to penalty if application for any required permits is made within seventy-two (72) hours after commencement of the emergency work.
RBC105.10.4 Suspension or Revocation of Permit.
The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Code whenever the permit has been issued in error or on the basis of incorrect information supplied, or in violation of any other provisions of this Code.
RBC112.3.8.3 Penalties.
Any person who refuses, without lawful excuse, to attend any hearing or to produce material evidence in the person's possession or under the person's control, as required by any subpoena served upon the person as provided for herein, shall be guilty of a misdemeanor.
RBC112.5.1 Report Account of Expenses.
The Jurisdiction's Engineer shall keep an itemized account of the expenses incurred by the Jurisdiction in the repair or demolition of any building or structure done pursuant to the provisions of Section RBC112.4.1.2 Item 3 of this Code. Upon the completion of the work of repair or demolition, the Jurisdiction's Engineer shall prepare and file with the Jurisdiction's Clerk a report specifying the work done, the itemized and total fees and cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to Section RBC112.2.5 of this Code. Upon receipt of this report, the Jurisdiction's Clerk shall fix a time, date, and place for hearing the report, and any protests or objections thereto. The Clerk shall cause notice of the hearing to be posted upon the property involved, published once in a newspaper of general circulation in the Jurisdiction, and served by registered mail or by certified mail, postage prepaid, addressed to the owner of the property as the owner's name and address appears on the assessment roll of the County Assessor, if it so appears or is known to the Clerk. The notice shall be given at least ten (10) calendar days prior to the date set for hearing, and shall specify the day, hour, and place when the governing body of the Jurisdiction will hear and pass upon the Engineer's report, together with any objections or protests that may be filed as hereinafter provided by any person interested in or affected by the proposed charge.
RBC112.5.4 Personal Obligation or Special Assessment.
The Jurisdiction may thereupon order that the charge be made a personal obligation of the owner, or assess the charge against the property involved, or both.
RBC112.5.4.1 Personal Obligation.
If the Jurisdiction orders that the charge be a personal obligation of the owner, it shall direct the Jurisdiction's attorney to collect the same on behalf of the Jurisdiction by use of all appropriate legal remedies.
RBC112.5.4.2 Special Assessment.
If the Jurisdiction orders that the charge be assessed against the property, it shall confirm the assessment roll, and thereafter this assessment shall constitute a special assessment against and a lien upon the property and shall be collected in the same manner as other special assessments of the Jurisdiction.
RBC112.5.4.3 Authority for Installment Payments
Eligible persons who are determined to have a marginal income such that they cannot pay an assessment or personal obligation levied under this Section, either against the property on which they reside or against themselves personally, may be afforded relief as hereinafter provided.
1. Within thirty (30) calendar days after the assessment or the personal obligation is ordered by the Jurisdiction, an application for relief shall be filed with the Jurisdiction's Clerk.
2. The governing body of the Jurisdiction, or a hardship committee, as designated and authorized by the governing body of the Jurisdiction, shall review the application for the requested relief. To determine the applicant's eligibility, the reviewing body shall use criteria established or adopted in the Jurisdiction's code, ordinances, rules, or regulations, except that ownership of real property need not be required.
3. If it is determined that the applicant is eligible and that any person would probably default on the assessment or personal obligation, the reviewing body may authorize the execution with the applicant of an installment note for the payment of the assessment or personal obligation. The note shall be secured by a deed of trust, or if not available, by some other security reasonably available or appropriate. If no security is reasonably available or appropriate, then none may be required. The installment note shall provide that the owner shall make monthly payments to the Jurisdiction's Treasurer; that the payments shall not be less than five dollars ($5.00) and shall be sufficient to repay the amount within a period of not more than twenty-five (25) years; that interest shall be charged at a rate of three percent (3%) per annum on the unpaid balance; that the entire outstanding balance shall become due and payable upon the death of the obligor or the sale or transfer of the property; that if at any time the Jurisdiction determines that the obligor is financially able to pay the outstanding balance, or that the obligor has willfully misrepresented the obligor's financial condition on the obligor's application, it may upon sixty (60) calendar days' notice declare the entire balance due and payable.
RBC112.5.6.1 Priority.
Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessment shall be a lien against the property assessed. The lien shall be subordinate to all existing special assessment liens previously imposed upon and recorded against the same property and shall be priority or superpriority, as applicable, to all other liens except for State, County, and municipal taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid in full.
RBC 112.5.6.2 Interest.
Any assessments remaining unpaid after thirty (30) calendar days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of one percent (1%) per month from and after this date.
RBC 112.5.8 Collection of Assessment.
The amount of the assessment shall be collected at the same time and in the same manner as general taxes are collected; and shall be subjected to the same penalties and procedures and sale in case of delinquency as provided for general municipal taxes. All laws applicable to the levy, collection, and enforcement of general municipal taxes shall be applicable to the assessment. If the Jurisdiction has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as general and municipal taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedures for sale as provided for general municipal taxes.
RBC201.6.6. Felony; Criminal Fraud.
No person or entity convicted or found by a court or an administrative agency or authority having competent jurisdiction of a felony, or for civil or criminal fraud, constructive or actual, or for civil or criminal theft, for work related to any license or registration issued by the Department, or for work related to the building trades in any jurisdiction, shall be granted a license or registration, or serve as an examinee for a contractor in the Department's jurisdiction.
RBC201.7.2 Cancellation; Reduction of Insurance.
Each policy of insurance shall contain an endorsement to the effect that the insurance carrier shall notify the Building Department at least ten (10) calendar days in advance of the effective date of any reduction or cancellation of the policy. The lapse, cancellation, or reduction of insurance shall be cause for automatic suspension of the license or registration until the required coverage is timely reinstated.
RBC201.10.4. Renewal with Fees.
Failure to renew a license within this forty-five (45) day period after the expiration date of the license or registration will require payment of a penalty at one-half (1/2) of the license or registration fee if renewed within ninety (90) days of the expiration date. After ninety (90) days to one hundred thirty-five (135) days the penalty will be equal to the license or registration fee. After one hundred thirty-five (135) days up to one hundred eighty (180) days the penalty will be equal to twice the license or registration fee. All requests for renewal(s) after one hundred eighty (180) days from the expiration date shall require payment of all fees accrued, re-application, examination, evaluation by the respective Advisory Committee, and approval by the Board of Review, as applicable.
RBC201.11.3 Punishable Acts and Omissions. The following actions shall be considered punishable:
1. Willfully violating any provisions of this Code including any codes which are adopted by reference.
2. Failure to comply with any lawful order of the Building Official or of any other authorized representative employed by the Building Department pertaining to the administration of this Code and the codes which have been adopted by reference.
3. Using a contractor's license or registration to obtain permits required under this Code for work that will not be performed by or supervised by the contractor.
4. Misrepresentation by an applicant of a material fact when applying for a contractor's license or registration.
5. Failure to obtain a proper permit for any work for which a permit is required by virtue of this Code.
6. Commitment of any act of willful and wanton negligence in the conduct of the contractor's or other person's specific trade or business on work done by the contractor or other person that is regulated by the provisions of this Code.
7. Ordinary negligence of the contractor or other person, evidenced by letters of reprimand and/or incident reports received by the contractor within a three (3) year time period that are, in the judgment of the Board of Review, sufficient in number and severity to warrant revocation or suspension of the contractor's license or registration.
RBC201.11.4. Automatic Revocation of Suspension.
A license or registration, or the right of an examinee of the contractor to serve as a contractor or as an examinee of a contractor, shall automatically be suspended or revoked by the Building Official as follows:
1. Registrations within this jurisdiction shall be automatically revoked or suspended upon revocation, suspension or refusal to renew any required Colorado State license.
2. Any license or registration within this jurisdiction shall be automatically suspended upon lapse, cancellation, or reduction of insurance coverage below that required by section RBC201.7 of this Code. This suspension shall remain in effect until proof of the reinstatement of the required coverage is presented to the Building Department. Failure to present this proof within twelve (12) months from the date of the lapse, cancellation, or reduction shall result in automatic revocation of the license or registration.
3. Conviction or a finding by a court or administrative agency or authority having competent jurisdiction of the contractor and/or its examinee(s), for a felony, or for civil or criminal fraud, constructive or actual, or for civil or criminal theft, for work related to any license or registration under the authority of this Code, or for work related to the building trades in any jurisdiction, shall result in automatic revocation of the license or registration and revocation of the right of the examinee and all authorized persons of the contractor to serve as a contractor or examinee for this or another contractor after notification by the Board of Review and exhaustion of due process rights, if any, in accordance with Colorado law. The notification shall be served personally or posted by registered or by certified mail, return receipt requested, to the last known mailing address.
RBC201.11.5 Voluntary Suspension.
1. The Board of Review may suspend licenses or registrations upon the voluntary written request for this action by the contractor. These suspensions shall not exceed a period of twelve (12) months unless a notarized annual certification from an employer is furnished to the Building Department indicating that the contractor is engaged in an active capacity in the field of building codes and construction.
2. While under voluntary suspension, the contractor need not carry insurance, but shall be responsible for all license or registration fees normally due.
3. The voluntary suspension shall be automatically lifted at any point during the twelve (12) month period under the following conditions:
a. Written request is made to the Board of Review by the contractor.
b. Proof of insurance is provided in accordance with section RBC201.7 of this Code.
4. In the event the contractor does not terminate the voluntary suspension within the twelve (12) month period as provided in item 3 above, or furnish proof of active engagement in the construction field and building codes, as provided in item 1 above, in order to obtain a new license or registration, the contractor must then meet all requirements of sections RBC201.5 and RBC201.6 of this Code.
RBC312.3.8 Authority to Enforce.
The Building Official shall have the authority to require compliance with the requirements of SECTION RBC312 - of this Code. It shall be the responsibility of the property owner(s) to meet or cause to be met all applicable requirements. Upon due notification of noncompliance and failing to meet or cause to be met all applicable requirements, the property owner(s) shall be responsible for any and all incurred expenditures on the part of the Jurisdiction(s) or any authorized agency in the enforcement of and compliance with applicable requirements.
RBC313.10 Penalties for Noncompliance.
Refer to local Jurisdiction's penalties for noncompliance, as stated within the Jurisdiction's ordinances or regulations.
Appendix B:
R. Investigation Fee: Work Without A Permit.
Investigation. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to twice the amount of the permit fee that would be required by this Code if a permit was issued. The payment of such an investigation fee shall not exempt any person from compliance with any provisions of this Code nor from any prescribed by law.
Equal to two times the Permit Fee.
S. Re-Inspection Fees:
A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is requested is not complete, when corrections required by a previous inspection have not been made, or when an additional inspection is required for alterations made after completion of initial inspection.
This is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as controlling the practice of requesting inspections before the job is ready for such an inspection or re-inspection.
Re-inspection fees may be assessed for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.
In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until such fees have been paid.
$50.00 for 1st incident
$100.00 for 2nd incident
$200.00 for 3rd incident
Plus 2 workday inspection delay
(Ord. 23-03; Ord. 23-16)
Any person violating any provision of the Regional Building Code shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $500 or imprisoned not more than ninety (90) days in the City Jail or County Jail, or both. A separate offense shall be deemed committed for each and every calendar day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues, beginning on the date the Regional Building notice of violation to the property owner of the violation. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered or remodeled, or used or maintained in violation of the Regional Building Code or of any provision of the Building Code, the City Attorney or the Department's attorney, as applicable, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance or use. (Ord. 23-03; Ord. 23-16)
In addition to the powers under the Regional Building Code, the Building Official has the following authority under this UDC:
A. Whenever any work is being done contrary to the provisions of this UDC, to order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done; such persons shall stop such work until authorized by the Building Official to proceed.
B. Whenever any structure is being used contrary to the provisions of this UDC, to order its use discontinued and the structure, or portion thereof, vacated by notice served on any person causing the use to be continued. The person shall:
1. Discontinue the use within ten (10) days after receipt of the notice; or
2. Make the structure, or portion of the structure, comply with requirements of this UDC.
C. To disconnect, or authorize a representative to disconnect, any utility service or energy supplied to the building, structure, or building service equipment tin the building or structure regulated by this Code or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life and property. The Building Official shall, whenever possible, notify the serving utility and the owner and occupant of the building, structure, or building service equipment of the decision to disconnect prior to taking such action, and shall notify the serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter.
D. To order that equipment be removed or restored to a safe or sanitary condition, as appropriate, when the Building Official ascertains that the equipment, or a portion thereof, regulated by this Code has become hazardous to life, health, or property. The order shall be in writing and contain a fixed time limit for compliance with such order. Persons shall not use defective equipment after receiving a notice.
E. Following an order to disconnect, to authorize reconnection to an energy, fuel, or power supply or to supply energy or fuel to any equipment regulated by this Code after it has been condemned, disconnected, or ordered to be disconnected by the Building Official.
F. To impose an administrative fine in an amount up to $1,000 on any person or entity engaged in any construction consulting work or construction work covered by this Code within the City or within the zoned area of El Paso County who engages in said work in violation of any provisions of this Code. The Building Official shall make monthly reports of fines imposed under this Subsection F to the Board of Review.
G. To record a certificate of alleged noncompliance thirty (30) days after notice of noncompliance is posted on the building or sent by certified mail to the individual or entity as concerns any work done by any individual or entity which allegedly fails to comply with the final inspection requirements of this Code. Following corrections to ensure the work complies with the Code, the Building Official may record a release of the certificate of alleged noncompliance. (Ord. 23-03)
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