Section 1-302 Powers and Duties of Enforcement Officer
1-302.A. Enforcement By Building Official. The provisions of this Division shall be administered and enforced by the Town Building Official or such other authority as appointed by the Town Manager.
1-302.B. Authority To Inspect. The Building Official or other duly authorized person is empowered and directed to inspect and examine the use, occupation or development of land for which a development permit has been issued to determine, from time to time, whether any use, occupation, development or activity is in violation of any of the provisions of this Title or of any permit issued or required pursuant to this or other applicable regulations.
1-302.C. Right Of Entry. Should access or entry to any land or premises be refused upon request by the Building Official, an administrative search warrant may issue from the municipal court authorizing the Building Official or other designated official to enter upon such land or premises for purposes of making inspections or carrying out other duties as authorized under the municipal code.
1-302.D. Stop Work Orders. Whenever any building work is being done contrary to the provisions of this Title, the Building Official or other duly authorized person may order the work stopped by notice served in writing on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Official to proceed with such work.
1-302.E. Notice Of Violation. Whenever the Building Official or other duly authorized person finds a violation of any of the provisions of this Title, he shall notify the person responsible for the violation in writing and shall order the necessary permit to be acquired and/or correction to be completed within a period of three months after such notice. The issuance of such an order shall in no way or manner be deemed a prerequisite to the institution of such enforcement proceedings as are set forth in Section 1-303. Compliance with such order shall not be deemed to be a defense to any alleged violation of this or other applicable regulations in any court action instituted seeking full compliance therewith.
1-302.F. Certificate of Occupancy. No change in the use or occupancy of land, nor any change of use or occupancy in an existing building shall be made, nor shall any new building be occupied for any purpose until a certificate of occupancy has been issued by the Building Official. Prior to the issuance of a certificate of occupancy, the Building Official shall examine all requirements of any development permit issued, and shall investigate the site to determine that all applicable requirements have been met and the development complies with all applicable provisions of this Title.
1-302.F.1. If permit requirements have not been completed, or if the development is not otherwise in compliance with the provisions of this Title, the Building Official shall withhold issuance of the certificate of occupancy until compliance is obtained.
1-302.F.2. In the event that parking lot pavement is necessary for required off-street parking and cannot be constructed without unreasonable delay, a certificate of occupancy may be issued following the submission of adequate financial security to guarantee the construction of pavement, but in such cases a higher quality gravel base may be required for the interim period. Drives and parking areas will not be considered complete until all utility laterals have been constructed below the surface of such areas according to approved plans.
1-302.F.3. A record of all certificates of occupancy shall be kept on file in the office of the Building Official, and copies shall be furnished on request to and at the expense of any person having a proprietary or tenancy interest in the land or a building affected by such certificates of occupancy.
1-302.G. Complaints. Any person aggrieved by a violation or apparent violation of the provisions of this Title may file a written complaint with the Building Official or other duly authorized person, who shall investigate as soon as reasonably possible such complaint and take such action within a reasonable amount of time.
1-302.H. Appeals. Any aggrieved person subject to an order, notice of violation, or decision issued by the Building Official pursuant to the Building Official’s powers and duties as provided for in this Title 18 may appeal such order, notice of violation, or decision to the Town Manager within five (5) days from the date of the action complained of.
1-302.H.1. A notice of appeal shall be filed with the Planning Director and shall describe with reasonable certainty the action of the Building Official complained of along with the appellant’s name, address and telephone number. The notice of appeal shall be accompanied by any required fee.
1-302.H.2. Upon receipt of a notice of appeal the Planning Director shall forward the appeal to the Town Manager who shall convene a public meeting on same within fourteen (14) days, or as soon thereafter as can be reasonably be accommodated.
1-302.H.3. The proper and timely filing of a notice of appeal will temporarily stay the subject order, notice of violation, or decision of the Building Official pending the outcome of the appeal before the Town Manager unless the Building Official verifies in writing to the Planning Director that a stay will pose an immediate threat to the safety of persons or property or defeat the purpose of the order, notice of violation, or decision in the first instance, in which event a stay shall not enter.
1-302.H.4. The Town Manager or its designee shall hear an appeal at a public meeting with prior written notice to the appellant. The burden shall be on the appellant to demonstrate that the action of the Building Official was in error, unjustified, or otherwise not in accordance with the terms of the Land Use Code. An unexcused failure on the part of the appellant to appear at the appeal hearing shall result in the affirmance of the Building Official’s action.
1-302.H.5. The Town Manager shall enter a written decision on all appeals no later than thirty (30) days from the conclusion of the appeal hearing. The Town Manager may reverse, affirm or modify the order, notice of violation, or decision of the Building Official and shall have all powers as vested in the Building Official to impose reasonable conditions to be complied with by the appellant as part of its decision. A copy of the Town Manager’s decision shall be hand-delivered or sent by certified mail to the appellant.
1-302.H.6. Decisions of the Town Manager shall be final, subject only to judicial review by a court of competent jurisdiction in accordance with the Colorado Rules of Civil Procedure.
1-302.H.7. The Town Manager may delegate its duties under this section to a subordinate official.