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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)
If, after any order of the Building Official or decision of the Board of Appeals made pursuant to Section RBC112 (Dangerous Buildings) of the Regional Building Code has become final, the person to whom such order or decision is directed fails, neglects, or refuses to obey such order or decision, the Building Official may either cause such person to be prosecuted under Section RBC112.4 of the Regional Building Code or institute any appropriate action to abate such building or structure as a public nuisance. (Ord. 23-03; Ord. 23-16)
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 Building 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 City. (Ord. 23-03; Ord. 23-16)
A. Punishable Acts and Omissions:
The following actions shall be considered punishable:
1. Willfully violating any provisions of the Regional Building 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 the Regional Building Code and the codes which have been adopted by reference.
3. Using a contractor's license or registration to obtain permits required under the Regional Building 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 the Regional Building 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 the Regional Building 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.
B. Automatic Revocation or Suspension:
A license or registration, or the right of an examinee or principal 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 the Regional Building 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 the Regional Building 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 contractor or examinee for this or another contractor after notification 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.
C. Voluntary Suspension:
3. 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.
4. 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 the Regional Building Code.
4. In the event the contractor does not terminate the voluntary suspension within the twelve (12) month period as provided in subsection C3 of this section, or furnish proof of active engagement in the construction field and building codes, as provided in subsection C1 of this section, in order to obtain a new license or registration, the contractor must then meet all requirements of sections RBC201.5 and RBC201.6 of the Regional Building Code.
(Ord. 23-03; Ord. 23-16)
It shall be unlawful for any person to alter, deface or remove any number placed on any premises in accord with the requirements of Section RBC312 of the Regional Building Code, except for repair or replacement of such number. Upon notice, actual or otherwise, repair or replacement of any number shall be completed within twenty-four (24) hours. (Ord. 23-03)
Any party responsible for the operation of a swimming pool not in compliance with Section RBC314 of the Regional Building Code, or who fails to obey an order of the Building Official to abate the nuisance involved, or who refuses to permit the Building Official to abate the nuisance involved, or who refuses to permit the Building Official or the Building Official's authorized representative to inspect the swimming pool, shall be guilty of a misdemeanor. (Ord. 23-03)