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.