The purpose of this chapter is to encourage prompt compliance with this code and payment of penalties for violations thereof. This chapter provides for administrative penalties that may be imposed for violation of the following portions of this code: GJMC Title
6, Animals; Chapters
8.04,
8.08,
8.12,
8.16, 8.2 and 13.28 GJMC, environment; Chapter
9.04 GJMC, Offenses; Chapter
8.28 GJMC, Solid Waste; Chapters
12.16, 12.2 and 12.24 GJMC, streets, sidewalks and other public places; GJMC §
3.12.070 regarding yard sales; Chapters
2.36 and
8.32 GJMC, vegetation; GJMC Title
21, Zoning and Development; GJMC Title
29, Transportation Engineering Design Standards (
TEDS); and GJMC Title
28, Stormwater Management Manual.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-80)
For the purposes of this chapter, the following terms shall
have the meanings stated below:
Administrative Hearing Officer or AO
or means the person with exclusive authority to hear appeals
from administrative citations issued under this chapter. The AO may
be a Municipal Court Judge.
City Manager
shall mean the City Manager or the City Manager’s designee.
Code Enforcement Officer or CEO
shall mean the City Manager or the City Manager’s designee,
property inspector or any other City official or employee charged
with enforcing the provisions of this chapter.
Municipal Court
means the Municipal Court for the City of Grand Junction,
Colorado.
Notice of violation
means a formal written notice delivered, either by hand delivery, certified mail or posted on the subject property, to a person or entity who has violated any code section(s) referenced in GJMC §
1.12.010. The notice shall contain either the parcel number or address, name or entity to whom the notice is being delivered, section(s) of the code allegedly being violated, a time frame in which to correct the violation and information regarding remedies the City may take to achieve compliance.
Responsible party
shall mean a person or entity who has violated this code
or, in the case of property subject to an administrative citation
under this chapter, who has possession or control of any real property
or premises, whether as owner, occupant or tenant, or in the case
of a motor vehicle, as owner or operator of the same.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-81)
(a) Any
responsible party violating applicable sections of this code may be
issued an administrative citation by a CEO as provided in this chapter.
(b) Notwithstanding
any other provision of this code, responsible parties cited under
the provisions of this chapter shall have only the appeal rights granted
herein.
(c) Administrative
citations shall be issued only after the responsible party has received
a notice of violation and has been given time to comply as stated
in the notice of violation.
(d) Each
day a violation exists or continues shall constitute a separate and
distinct offense for which a separate administrative citation may
be issued; however, once an administrative citation has been issued
for a violation or violations, no additional administrative citation
shall be issued for the same violation(s) for 10 days or, if the responsible
party appeals, until after the appeal has been heard and the responsible
party has not complied with an order of the AO within 10 days of its
issuance or such other time as the AO has specified.
(e) A
fine assessed by means of an administrative citation issued by the
CEO shall be payable directly to the City, and if not timely paid,
shall be collected in accordance with the procedures specified in
this chapter.
(f) Enforcement
actions for violations of applicable code sections are intended to
be alternative in nature. The City may pursue a civil, criminal or
administrative action, as deemed necessary by the City, against a
responsible party, but once an action is commenced all remedies must
be pursued in that venue, unless the City chooses to pursue an alternative
action upon staying the original action. Nothing in this chapter shall
preclude a CEO, in his/her sole discretion, from immediately issuing
a summons to court and/or a cease and desist order, for any alleged
violation.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-82)
(a) Upon
becoming aware of a violation of the code, a CEO may issue a notice
of violation to the responsible party. The notice shall state the
date and location of the violation, the approximate time the violation
was observed and identifying, when applicable, the property in violation
by address, legal description or parcel number. The notice shall refer
to the applicable code section violated, describe the violation and
describe the action required to correct the violation. The notice
shall require the responsible party to correct the violation within
10 days, and shall explain the consequences of failure to correct
said violation(s), including the issuance of an administrative citation.
The terms of any cease and desist order shall separately state the
terms of that order.
(b) Service
of a notice of a violation on the responsible party shall be by any
of the following means:
(1) To the responsible party at the site of the violation(s) or at any
other location by personally delivering a copy of the notice of violation
to the responsible party; or
(2) A copy of the notice may be mailed by first class mail to the last
known address of the responsible party as the same is reflected in
the City or county records; or
(3) A copy of the notice of violation may be posted in a conspicuous
place on premises. The CEO shall photograph the posting with a camera
showing the date and time of the posting. The photograph showing the
posting shall be maintained by the CEO during the proceeding.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-83)
(a) If
the responsible party has failed to correct the violation(s) noted
in the notice of violation within the time provided on such notice,
a CEO may issue an administrative citation to the responsible party
on a form approved by the City Attorney.
(b) The
CEO may require that the responsible party provide evidence of the
responsible party’s identity and residential and/or working
address.
(c) The CEO shall reasonably attempt to issue the administrative citation to the responsible party at the site of any violation(s). The CEO may issue the administrative citation to the responsible party by the methods described in GJMC §
1.12.040(b).
(d) The
CEO shall attempt to obtain the signature of the person receiving
the administrative citation on the citation. If that person refuses
or fails to sign the administrative citation, the failure or refusal
to sign shall not affect the validity of the citation and subsequent
proceedings.
(e) Notice
shall be deemed served on the earliest of:
(1) The date of receipt by the responsible party, if personally served;
(2) The second day after the mailing of the administrative citation;
or
(3) The date the administrative citation was posted.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-84)
(a) The
administrative citation shall state the location of the violation(s)
and the date and approximate time the violation(s) was observed. Where
applicable, the administrative citation shall identify the property
in violation by address or legal description.
(b) The
administrative citation shall refer to the applicable code section(s)
violated and describe the violation(s).
(c) The
administrative citation shall describe the action required to correct
the violation(s).
(d) The
administrative citation shall:
(1) Require the responsible party to correct the violation(s) immediately;
(2) Provide a date for reinspection by the CEO; and
(3) Explain the consequences of failure to correct said violation(s),
to include immediate abatement if necessary to protect the public’s
health and/or safety.
(e) The
administrative citation shall state the amount of fine imposed for
the violation(s).
(f) The
administrative citation shall explain how the fine shall be paid,
the time period by which it shall be paid and the consequences of
failure to pay the fine.
(g) The
administrative citation shall briefly state the process for appealing
the administrative citation.
(h) The
administrative citation shall contain the signature of the CEO and
the signature of the responsible party if it can be obtained.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-85)
(a) A
person served with an administrative citation may file a notice of
appeal within five calendar days after the service of the administrative
citation. Strict compliance with the five-day notice shall be a jurisdictional
prerequisite to any appeal brought under this chapter, and failure
to comply shall bar any appeal.
(b) The
notice of appeal shall be made in writing and shall be filed with
the Municipal Court in person, by facsimile transmission or by mail.
Regardless of the manner of filing such appeal, the notice of appeal
must be filed with the Municipal Court within five calendar days from
the date the administrative citation was served.
(c) As
soon as practicable after receiving the written notice of appeal,
the Municipal Court shall assign an AO who shall schedule a date,
time and location for the hearing.
(d) Written
notice of the date, time and location of the hearing shall be personally
served upon or sent by first class mail to the responsible party at
least 10 calendar days prior to the date of the hearing. The hearing
shall be held no more than 21 days after the date upon which the administrative
citation was issued.
(e) In
computing the day a notice of appeal must be filed or the day by which
a hearing must be held, the first day is excluded and the last day
is included. If the last day of any period is a Saturday, Sunday or
legal holiday, the period is extended to the first day thereafter
which is not a Saturday, Sunday or legal holiday.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-86)
(a) The
Administrative Hearing Officer must be an attorney licensed to practice
law in the State of Colorado with a minimum of three years of experience.
(b) Any
person designated to serve as an AO is subject to disqualification
for bias, prejudice, interest or for any other reason for which a
judge may be disqualified in a court of law.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-87)
(a) Administrative
appeals are intended to be less formal; specifically, formal rules
of evidence and discovery do not apply. The procedure and format of
the administrative hearing shall follow the procedures provided in
this section.
(b) The
parties to an administrative appeal shall be the responsible party
and the City, by and through the CEO and City Attorney. Parties may
be represented by legal counsel. Each party may call and question
witnesses, cross-examine witnesses and present evidence.
(c) The
AO, at the request of any party to the hearing, may subpoena witnesses,
documents and other evidence where the attendance of the witness or
the admission of evidence is deemed necessary to decide the issues
at the hearing. All costs related to the subpoena, including witness
and mileage fees, shall be borne by the party requesting the subpoena.
The form of, and the process for issuing, subpoenas shall be the same
as in the Municipal Court.
(d) The
AO, an attorney for the responsible party, and/or the City Attorney
shall have the power to call and question witnesses; the AO shall
review and rule on the relevancy of documentary or other tangible
evidence and rule on evidentiary questions.
(e) The
only issue to be decided by the AO is whether the CEO exceeded his/her
authority in issuing the administrative citation. The City bears the
burden of proof to establish the existence of a violation of the code.
In the case of a nuisance abatement hearing, the City bears the burden
of proof to establish the existence of a nuisance. The City’s
meeting of this burden of proof shall constitute prima facie evidence
that the CEO did not exceed his/her authority. The appellant shall
have the burden of rebutting such evidence.
(f) The
standard of proof required in an administrative appeal is a preponderance
of the evidence.
(g) Copies,
photographs and photocopies, if determined to be reasonably reliable,
may be admitted into evidence or substituted in evidence in place
of original documents.
(h) Hearings
shall be recorded by electronic means and transcripts of such recordings
shall be made at the expense of the party requesting the transcript.
(i) Whenever
it appears that a petition is not filed within the time permitted
by the particular law or ordinance involved, or that the AO for some
other reason lacks jurisdiction, the case may be dismissed on the
motion of any party or on the AO’s own motion.
(j) The
decision of the AO shall be known as an administrative enforcement
order.
(k) The
AO may uphold the administrative citation and all penalties or dismiss
the administrative citation and all penalties or may waive or conditionally
reduce the penalties assessed by the administrative citation. The
AO may also impose conditions and deadlines to correct the violations
or require payment of any outstanding penalties.
(l) In
the event that the AO does not dismiss the administrative citation,
the AO shall assess reasonable administrative costs of not less than
$100.00, but not to exceed $250.00.
(m) The
administrative enforcement order shall become final on the date of
mailing the order to the responsible party. A copy of the order shall
be provided to the City.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-88)
It is unlawful for any person to refuse to obey a subpoena issued
by an AO. Failure to obey a subpoena constitutes contempt and may
be criminally prosecuted and have penalties imposed in the same manner
as violation of a Municipal Court subpoena.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-89)
Any responsible party who fails to appear at the hearing is
deemed to waive the right to a hearing and the adjudication of the
issues related to the hearing; provided, that proper notice of the
hearing has been provided.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-90)
It is unlawful for a responsible party who has been served with
a copy of the final administrative enforcement order to fail to comply
with the order. Failure to comply with a final administrative enforcement
order may be criminally prosecuted and have penalties imposed.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-91)
(a) The
City Manager shall develop a fine schedule based upon the City Manager’s
assessment of the cost to the City for enforcing the provisions of
this chapter. Such schedule shall be approved by the City Council.
The schedule of fines shall be graduated in amount, with the smallest
fine being assessed for the first administrative citation and increasingly
larger fines for second, third and subsequent administrative citations.
No single fine assessed for an administrative citation shall exceed
$1,000. The schedule of fines shall be amended no more than once per
year.
(b) Payment
of the fine shall not excuse the failure to correct the violation(s)
nor shall it bar further enforcement action by the City.
(c) All
fines assessed shall be payable to the City of Grand Junction.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-92)
(a) The
failure of any responsible party to pay the fines assessed by an administrative
citation within the time specified on the citation or administrative
enforcement order, if an administrative hearing is held, may result
in the imposition of a late fee of $50.00, a 20 percent charge to
defray the cost of collection, and interest at a rate of eight percent
per annum on all unpaid amounts.
(b) In
the event of failure to pay all fines assessed, the City Manager may
refer the matter to the City Attorney for collection.
(c) In
the case of delinquent charges, assessments or taxes, including fines
and the costs of nuisance abatement, the City Manager shall, pursuant
to §
31-20-105, C.R.S., certify the same to the Treasurer of
Mesa County to be collected and paid over by the Treasurer of the
County in the same manner as taxes are collected.
(d) An
action or other process provided by law may be maintained by the City
Attorney to recover or collect any amounts, including late fees, interests,
and administrative costs, owing under this chapter.
(Ord. 4233 § 1, 5-7-08; Code 1994 § 2-93)