HB 26-1239

HB 26-1239, titled "County Enforcement Authority," updates and modernizes how counties can enforce rules related to public safety. It allows counties to compel property owners to remove trash, weeds, and dangerous buildings or structures that pose a risk to the community. The bill also gives counties more power to address illegal construction or land use violations. This affects all residents within Colorado counties as it strengthens local authorities' ability to maintain safe and clean communities. Since the bill has been signed into law, these new enforcement powers are now in effect for county officials across Colorado.

Official Summary

The act updates county enforcement authority in connection with:Providing for and compelling the removal of rubbish, including trash, junk, and garbage, from property within the county;Providing for and compelling the removal of weeds and brush from property within the county;Providing for and compelling the removal or securing of any building or structure in the county, with specified exceptions, that, due to its condition, presents a substantial danger or hazard to the public health, safety, or welfare; andThe unlawful erection, construction, reconstruction, alteration, or use of any building or structure in the county or the use of any land in the county in violation of a zoning resolution or ordinance adopted by the board of county commissioners.     For the removal actions described above, the act requires county ordinances to include provisions for applying for and exercising an administrative entry and seizure warrant. The act also allows counties to assess the reasonable costs of removal, including a 10% fee for inspection and incidental costs, as a lien against the property.     The act modifies the civil penalties that a court may impose and the factors that a court must consider in determining the appropriate civil penalty when a property owner violates a county ordinance or building code regarding the removal of rubbish or weeds and brush from property within the county, the removal or securing of a building or structure in the county, or the unlawful erection, construction, reconstruction, alteration, or use of a building or structure in the county.(Note: This summary applies to this bill as enacted.)

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