Code Compliance

Enforcement Discretion

All code violations may not meet a degree of significance to warrant continued staff time and the expenditure of further County funds. For instance, if a property has 1 (one) Derelict Vehicle, it is unlikely anyone would find the violation warrants the same degree of staff time as a property with 10 (ten) Derelict Vehicles - anyone, that is, except the complaining citizen. In these instances, the Code Compliance Officer (CCO) has the ability to determine that although a technical violation exists, the violation does not meet a standard of significance to warrant further expenditure of staff time and County resources.

Substantial Compliance

The standard of "substantial compliance" is critical for managing scarce County resources. Substantial compliance allows the County to close those cases that fundamentally satisfy County requirements. For example, where a property owner brings the property into compliance by mitigating the most serious and significant violations, but still has an outstanding minor violation, like the example above of a fence one inch above height limitations, the CCO will bring this to the owner's attention with a notice listing those items that have been corrected and minor items which the owner should correct, but which staff will not actively pursue (unless, of course, the minor violations become more serious at a later date).

 

Report a Code Violation

Understanding What a Code Violation Means:

A code violation means that an individual property owner has an activity that is either not allowed within the zone district or does not comply with standards set forth in the zone district.

Examples of code violations include but are not limited to:

  • building violations
  • non-commercial junkyard
  • construction within hazard areas such as a floodplain
  • storage of commercial vehicles 
  • occupied RVs
  • exceeding the number of allowed animals within a zone district
  • business operations

If you believe a Code violation exists in your neighborhood, you can report the violation by clicking the button below.

Report a Violation


Violation Process

Code Violation Process

PROPERTY INSPECTION (within 5 business days)

Our standard procedure is to view the site from outside the property boundaries, as a neighbor or a passerby would, and assess whether the property is, or is not, in violation of the regulations, ordinance, or codes.

COURTESY NOTICE (within 10 calendar days)

If a violation is observed, a courtesy notice will be issued to the property owner or tenant specifying the violation(s) nature and corrective action(s).

VIOLATION NOTICE (10 calendar days)

If the violation persists on the property, the property will be placed in formal violation of the Weld County Code and enforcement procedures shall follow.

EXTENSION NOTICE

If requested, an extension notice may be issued per the Code Compliance Officers’ direction.

NOTICE OF INTENT TO PROCEED

Final notification that the violation(s) may be referred to the County Attorney's Office for legal action.

COURT PROCEDURES

Notice will be given to the property owner that a case has proceeded to Weld County Court with a time and date of when to appear. The property owner can File an Answer, sign a Stipulation, or Fail to Appear. Failure to appear may result in automatic default to a daily penalty hearing which will accrue until the property is brought into compliance.

County Court Enforcement Procedure

I. The action is filed in the County Court. (C.R.S. 30-28-124.5)

  • It is an action for the imposition of Civil Penalties.
  • The initial penalty to be assessed is not to exceed $1000.00.
  • The daily penalty to be assessed is not to exceed $100.00 per day, and is assessed by Court Order for each day the violation continues.
  • The penalties, if not paid are to be certified by the County Attorney to the County Treasurer for collection with property taxes.

II. The Complaint and Summons and Answer form are served on the Defendants.

  • There is a specified format for the filing of Civil Actions in County Court. It is a simpler format.
  • An actual copy of an Answer form is served on the Defendant and the Defendant uses that form to file an Answer.
  • The fee to file an Answer is $92.00
  • No right to a jury trial

III. County Court Rules require the Plaintiff and the Respondent to file one set of Disclosures/Exhibits and Witness list prior to a hearing.

IV. Hearing Process if Defendant/Respondent Files an Answer

  • If Defendant files an Answer or appears on the appearance date, the Court can set the matter for a hearing to allow the Defendant an opportunity to defend the Defendant’s position/situation. Following a hearing, the Court could impose a one-time penalty (not to exceed $1000.00) and a daily penalty (not to exceed $100.00 per day) if the violation is not corrected.
  • Alternatively, the County can offer the Defendant an opportunity to enter into a Stipulation to remedy the situation, which Stipulation would become an Order of the Court. If the terms of the Stipulation are met, the penalties may be reduced or eliminated.
  • Following the filing of a Motion by the County Attorney, the Court may impose a daily penalty it believes is appropriate, (not to exceed $100.00 per day).

V. Judicial Process if No Answer is Filed:

  • County appears at the pre-scheduled hearing and requests the Court to enter an Order of Default. * The Order could impose a one-time penalty (not to exceed $1000.00) and would specify the date for payment.
  • Each day after the issuance of the Order during which the violation continues is deemed a separate violation and is subject to a continuing penalty in an amount not to exceed $100.00 upon which daily penalties begin to accrue. The Order may also set the amount of the daily penalty, and the date(s) for payment.
  • The Order is sent to the Defendant.
  • No further action is required by the County if the violation is corrected and the one-time penalty is paid.
  • If the Defendant fails to correct the violation and pay the penalty within the time set for payment, the County Attorney will file a Motion with the Court informing the Court that the violation has not been corrected, and the Court will impose the additional daily penalty.
  • The action continues until the County Attorney files a receipt from the treasurer stating that the amount has been paid, and an affidavit of the planning dept or building inspector stating that the violation corrected.
  • Any penalties which have not been paid within the time set by the Court are recorded with the Weld County Clerk and Recorder. Upon recording, the amount shall become a lien on the property. If the penalty is not paid within 30 days, the County Attorney may certify the amount to the Treasurer together with a 10% penalty for the cost of collection in the same manner as other taxes are collected.


Contact Code Compliance

Cynthia Villanueva
Code Compliance Officer
Phone:  (970) 400-3536
Email: cvillanueva@weld.gov

______________________________

Ashley Ramirez
Code Compliance Officer
Phone: (970) 400-3529
Email: aramirez@weld.gov

______________________________

Nicole Brick
Code Compliance Officer
Phone: (970) 400-3551
Email: nbrick@weld.gov 

 

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