The following ordinance was adopted by the Pueblo City Council on February 23, 1998, is on file with the Clerk for the Board of Commissioners, and is adopted and incorporated by reference as part of the Pueblo County Building Code pursuant to Section 30-28-201, C.R.S.:
Ordinance No. 6292 Amending Chapter 1 Title VIII of the 1971 Code of Ordinances relating to housing regulations and adopting the 1997 Uniform Housing Code published by the International Conference of Building Officials, 5360 Workman Mill Rd., Whittier, California 90601-2298 and providing penalties for the violation thereof. (Res. 98-286 § 1)
The ordinance and code adopted in this chapter shall be known and cited as the "Uniform Housing Code," and are referred to in this chapter as "the code." (Res. 98-286 § 2)
The purpose of the code is to protect, preserve and promote the physical and mental health and social well-being of the people, to prevent and control incidence of communicable diseases, to regulate privately and publicly owned buildings and dwellings for the purpose of maintaining adequate sanitation and public health, and to protect the safety of the people and to promote the general welfare by legislation which shall be applicable to all dwellings now in existence or hereafter constructed. It is further declared that the purpose of this chapter is to insure that the quality of housing is adequate for protection of public health, safety and general welfare, including: establishment of minimum standards for basic equipment and facilities for light, ventilation and thermal conditions, for safety from fire and accidents, for the use and location and amount of space for human occupancy, and for the adequate level of maintenance, determination of the responsibilities of owners, operators and, occupants of dwellings; and provision for the administration and enforcement thereof. The code is also to provide uniform codes, consistent with and generally conforming to similar ordinances and regulations throughout the city of Pueblo. The Board of County Commissioners also intends to act with the City Council of the city of Pueblo to promulgate procedures and to establish boards of appeals as provided in the code. (Res. 98-286 § 3)
The provisions of the code and the other codes adopted by reference shall apply to the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, storage, height, area, maintenance, installation, inspection, design, operation, testing, handling, erection and fabrication of equipment, structures, and buildings within the county of Pueblo: except work located in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the code, and hydraulic flood control structures. Where in any specific case, different sections of the code, the county zoning resolution, or any other resolution of the county or other governmental body specify different requirements, the most restrictive provision shall govern. (Res. 98-286 § 4)
As provided in Section 30-28-201(1), C.R.S., buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock or poultry are exempted from the code. All other provisions of the code shall apply to agricultural buildings and structures. (Res. 98-286 § 5)
The code shall apply to all unincorporated areas in Pueblo County. (Res. 98-286 § 6)
Whenever reference is made in the code, including the codes adopted by reference, to "City Council" this shall be construed to mean "County Commissioners." Whenever reference is made in the code to "ordinance," the same shall be construed to be "resolution." Whenever reference is made in the code to "City Clerk," the same shall be construed to be "County Clerk." Whenever reference is made in the code to "City" the same shall be construed to be "County." Whenever reference is made in the code to "Municipal Court" the same shall be construed to be "County Court." Whenever reference is made to "City Public Works Department" the same shall be construed to be "County Public Works Department." (Res. 98-286 § 7)
The adoption of the resolution codified in this chapter shall not create any duty to any person, firm, corporation or other entity with regard to the enforcement or nonenforcement of said resolution or the code. No person, firm, corporation or other entity shall have any private right of action, claim or civil liability remedy against the county of Pueblo, the Pueblo Regional Building Department, or their commissions, boards of appeals, or officers, employees or agents of such bodies or entities, for any damage arising out of or in any way connected with the adoption, enforcement or nonenforcement of said resolution or the code. Nothing in said resolution or in the code shall be construed to create any liability, or to waive any of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act, Section 24-10-101, C.R.S. or to waive any immunities or limitations on liability otherwise available to the county of Pueblo or the Pueblo Regional Building Department, or their commissions, boards of appeals, or officers, employees or agents of such bodies or entities. (Res. 98-286 § 8)
A. As provided in Section 30-28-209, C.R.S., any person, firm or corporation violating any provision of the code is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment in the county jail for not more than ten (10) days, or both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered or remodeled, used or maintained in violation of any provision of the code, the Pueblo County District Attorney, the Pueblo County Board of Commissioners, or any owner of real estate within the area, 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.
B. 1. Also, Section 30-28-210 provides that in addition to any penalties imposed pursuant to Section 30-28-209, any person, firm or corporation violating any such provision of the code may be subject to the imposition, by order of the County Court, of civil penalty in an amount of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00). It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this section, the remedies set forth in Section 30-28-209, or both. Each day after the issuance of the order of the County Court during which such unlawful activity continues shall be deemed a separate violation and shall in accordance with the subsequent provisions of this section, be the subject of a continuing penalty in an amount not to exceed fifty dollars ($50.00) for each such day. In no event shall civil penalties imposed pursuant to this section constitute a lien against the real property.
2. a. In the event any building or structure is erected, constructed, reconstructed, altered, maintained used in violation of any provision of the code, the County Attorney of the county in which such building or structure is situated, in addition to other remedies provided by law, may commence a civil action in County Court for the county in which such building or structure is situated, seeking the imposition of a civil penalty in accordance with the provisions of this section.
b. A building inspector designated by resolution of the Board of County Commissioners shall, upon personal information and belief that a violation of any provision of the code has occurred, give written notice to the violator to correct such violation within thirty (30) days after the date of such notice. If the violator fails to correct the violation within such thirty (30) day period or within any extension period granted by the building inspector, the building inspector may request that the Sheriff of the county or the County Attorney issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of such charge to the violator.
c. One copy of the summons and complaint issued pursuant to subdivision (2)(b) of this subsection shall be served upon the violator in the manner provided by law for the service of a County Court Civil Summons and Complaint in accordance with the Colorado rules of County Court Civil Procedure. The summons and complaint shall also be filed with the Clerk of the County Court and thereafter the action shall proceed in accordance with the Colorado Rules of County Court Civil Procedure.
d. If the County Court finds, by a preponderance of the evidence, that a violation of any provisions of the code has occurred, the Court shall order the violator to pay a civil penalty in an amount allowed pursuant to subsection (B)(1) of this section. Such penalty shall be payable immediately by the violator to the County Treasurer. In the event that the alleged violation has been cured or otherwise removed at least five days prior to the appearance date in the summons, then the County Attorney shall so inform the Court and request that the action be dismissed without fine or appearance of the defendant.
3. Upon the filing with the Court of a receipt issued by the County Treasurer showing payment in full of a civil penalty assessed pursuant to this section and upon the filing of an affidavit of the County Building Inspector that the violation has been cured, removed or corrected, the Court shall dismiss the action and issue a satisfaction in full of the judgement so entered.
4. If a receipt showing full payment of the civil penalty or the affidavit required by subsection (B)(3) of this section is not filed, the action shall continue and the Court shall retain jurisdiction to impose an additional penalty against the violator in the amount specified in subsection (B)(1) of this section. Such additional penalty shall be imposed by the Court upon motion filed by the county and proof that the violation has not been cured, removed or corrected. Thereafter, the action shall continue until the filing with the Court of a receipt issued by the County Treasurer showing payment in full of the civil penalty and any additional penalties so assessed and the filing of an affidavit of the County Building Inspector that the violation has been cured, removed or corrected. (Res. 98-286 § 11)