(A) Complaints regarding violations. Whenever the Administrator receives a written, signed complaint alleging a violation of this chapter, a town official shall investigate the complaint within ten days, and take whatever action is warranted, and inform the complainant in writing what actions have been or will be taken.
(B) Persons liable. The owner, tenant or occupant of any building or land or part thereof as well as any architect, builder, contractor, agent or other person who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
(C) Procedures upon discovery of violations.
(1) (a) If the Administrator finds that any provision of this chapter is being violated, he or she shall send a written notice to the person responsible for such violation, indicating the nature of the violation and suggesting the action necessary to correct it.
(b) The first written notice will also contain an invitation to discuss the violation and the town’s concerns, and the opportunity to negotiate a reasonable solution to the violation that meets these concerns. Additional written notices may be sent at the Administrator’s discretion and may order the action necessary to correct the violation.
(2) (a) The final written notice shall state what action the Administrator intends to take if the violation is not corrected and shall advise that the Administrator’s decision or order may be appealed to the Board of Adjustment.
(b) In all cases, an agreement or other enforcement action to end the violation shall be reached within 90 days of the violation being recognized by the town.
(3) Notwithstanding the foregoing, in cases when delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety or welfare, the Administrator may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized below.
(D) Permit revocation.
(1) A zoning, sign, special use, conditional use or other permit may be revoked by the town if the permit recipient fails to develop or maintain the property in accordance with the plans submitted, the requirements of this chapter or any additional requirements lawfully imposed by the town or if the information on which the permit approval was based is found to be false or inaccurate.
(2) Before a conditional use or special use permit may be revoked, all of the notice, hearing and other requirements of this chapter shall be complied with.
(3) (a) The notice shall inform the permit recipient of the alleged grounds for the revocation.
(b) 1. The burden of presenting evidence sufficient to convince the town to revoke a permit for any of the reasons set forth in this chapter shall be upon the party advocating that position.
2. The burden of persuasion shall also be upon that party. Revocation of a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the revocation.
(3) (a) Before a zoning or sign permit may be revoked, the Administrator shall give the permit recipient ten-day notice of intent to revoke the permit and shall inform the recipient of the alleged reasons for the revocation and of his or her right to obtain an informal hearing on the allegations.
(b) If the permit is revoked, the Administrator shall provide to the permittee a written statement of the decision and the reasons therefor.
(4) No person may continue to make use of land or buildings in the manner authorized by any zoning, sign, special use or conditional use permit after such permit has been revoked in accordance with this section.
(E) Judicial review.
(1) Every decision of the Town Board granting or denying a conditional use permit and every final decision of the Board of Adjustment shall be subject to review by the District Court by proceedings in the nature of certiorari under Rule 104 of the Colorado Rules of Civil Procedure.
(2) The petition for the writ of certiorari must be filed with the Clerk of District Court within 30 days after the later of the following occurrences:
(a) A written copy of the Board’s decision has been filed in the office of the Planning Department; and
(b) A written copy of the Board’s decision has been delivered by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of the case.
(3) A copy of the writ of certiorari shall be served upon the town.
(Ord. 2-98, passed 4-22-1998) Penalty, see § 153.999