5.6.2 ENFORCEMENT | Aurora Unified Development Ordinance

5.6.2. ENFORCEMENT.

A. Responsibility. The Director of Neighborhood Services shall be responsible for enforcement of this UDO except as indicated in Subsection 2 below, and for inspections of property to determine violations of this UDO through the employment of inspectors who are vested with the powers of enforcement.

B. Inspections. Upon presentation of proper credentials, including a warrant, an authorized employee or agent of the City may enter at reasonable times any building, structure, or premises in the City to perform inspections of potential violations of this UDO.

C. Remedies are Cumulative. The City may use any or all of the powers listed in this Section 146-5.6.2, in any order, to enforce the provisions of this UDO. The selection of any methods of enforcement does not restrict the power of the City to choose an additional or different form of enforcement in the future.

1. Withholding of a Building Permit or Certificate of Occupancy. No building permit or final certificate of occupancy shall be issued for any building or structure that does not fully comply with the provisions of this UDO. Nothing in this UDO shall be waived or superseded by the wrongful or erroneous issuance of a building permit, business license, or certificate of occupancy.

a. If the City has issued some permits or approvals for a development or subdivision, but additional permits or approvals are needed for completion of the project, and the City determines that there have been violations of this UDO related to those permits or approvals already granted, the City may withhold later permits or approvals for the development until the violations have been corrected.

b. As an alternative to withholding of permits or approvals, the City may issue later permits or approvals subject to conditions that the existing violations be cured within a stated period of time.

3. Withholding of Water Taps or Water Service. The City may refuse to issue water taps for the development where the violation exists, and/or may withhold water service to that development, until the violation is cured.

4. Revocation of Permits or Approvals. The Planning Director may revoke any permit or approval under this UDO if the Director determines that the permit or approval has been issued in error, or that the site development, land uses, or structures authorized by that permit or approval have been established or constructed or are being maintained in violation of this UDO.

a. Where the violation of this UDO is an illegal sign or a temporary structure, the City may remove the sign or temporary structure after giving the property owner 10 calendar days written notice of its intent to do so.

b. As an exception to Subsection 5.a. above, if the Public Works Director determines that the sign or temporary structure is a threat to public health or safety, or if the violation is the third or more violation of an illegal sign and/or temporary structure on the same property, then the Planning Director or Public Works Director may order the immediate removal of the sign.

c. When removal of a sign is required, the entire sign and all supporting structures shall be removed. Signs painted directly on an exposed brick, stone, or concrete wall shall be removed by a process that strips the entire sign from the wall, not by painting over the sign.

d. Signs placed in medians, parks, open space areas, on any traffic control device, in any rights-of-way without authorization, or in a manner impairing traffic or pedestrian visibility are illegal and are subject to immediate removal by the City without notice.

e. Regardless of whether the procedure in Subsection 5.a. or 5.b. above is followed, following the removal of the illegal sign or temporary structure, the City shall provide the property owner written notice of its removal and the property owner’s right to obtain the sign or temporary structure from the City. The City shall retain the illegal sign or temporary structure for at least 30 days, and shall thereafter have the right to destroy or dispose of the sign or illegal structure without liability to the property owner, the owner of the sign or structure, or any other person.

f. Any costs incurred by the City in removing an illegal sign or temporary structures may be collected from the owner of the property on which the illegal sign was posted. The Planning Director shall determine the costs incurred for repair or removal of the illegal sign or temporary structure, and shall notify the owner or occupant of the premises of the amount of those costs. If the owner or occupant shall fail within 30 calendar days after the notification to pay the entire costs and expenses of such repair or removal, the City shall certify those costs to the County Treasurer for the county in which the property is located, and those costs shall become a lien against the property. The amount certified by the Director of Finance to the County Treasurer for collection shall include the actual cost of repair or removal of the sign, plus any costs associated with any penalty and interest for the cost of collection.

6. Suspension of Licenses. The City may suspend the license of the builder, contractor, or subdivider responsible for the violation.

7. Stop Work Order. With or without revoking permits, the City may issue a stop work order or a notice of violation requiring the property owner and its agents and contractors to stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this UDO or of a permit or approval issued under this UDO.

8. Abatement. The City may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

9. Injunctive Relief. If the Planning Director or the Director of Public Works determines that irreparable harm or injury may result to person or property by the continued violation of this UDO, the Planning Director may request the City Attorney to seek injunctive relief in a court of proper jurisdiction.

10. Article 1-13 Powers

The City may use any powers and procedures listed in Article 1-13 of the Aurora City Code to enforce this UDO.

11. City Abatement and Recovery Costs

When a violation of this UDO or a failure to complete construction or improvements required by this UDO creates a nuisance or a hazard to public health or safety, the City may correct the violation or abate the nuisance or hazard itself and recover the costs of such abatement from the owner of the property in any manner permitted by law.

12. Others Permitted by Law

The City may use any other powers permitted by Colorado law to enforce this UDO, the terms and conditions of any permit or approval issued pursuant to this UDO, or the violation of any regulation issued based on authority granted in this UDO.

i. In the case of violations of this UDO that do not constitute an emergency or an immediate threat to public health or safety, the City may give written notice of the nature of the violation to the occupant (other than the resident of an apartment in a multifamily residential or mixed-use structure), property owner, or any applicant for any relevant permit. Notice may be provided by:

(a) Delivering a copy of the notice to the occupant (other than the resident of an dwelling unit in a multifamily residential or mixed-use structure), property owner, or the holder of the permit or approval, mail return receipt requested, to the last-known post office address of the property owner or holder of the permit; or

(b) Leaving a copy of the notice with any agent of the premises and mailing a copy to the property owner as shown in the real estate records; or

(c) If no person can be found on the premises, affixing a copy of the notice in a conspicuous place at or near the entrance to the property or primary structure on the property.

ii. Violation notices shall state the nature of the violation, and the time period for compliance, and may also state the corrective steps necessary to ensure compliance with the Ordinance and the types of additional enforcement steps and/or penalties that the City may use if the violation is not corrected within the stated time.

i. Unless otherwise stated in this UDO, the notice of violation shall generally allow the occupant, property owner, or permit holder 10 calendar days from the date of the notice to correct the violation before further enforcement action may be taken. However, the Planning Director may provide a longer period for compliance if the Director determines that the nature of the violation or other unique circumstances make it unlikely that the violation can be corrected within 10 calendar days. Similarly, the Director may allow a shorter time period if the Director determines that the violation can be corrected in less than 10 calendar days, or if the violation involves a temporary use or structure that will be used or will occur in less than 10 calendar days from the date on which the notice of violation is provided, or if the violation is associated with a property deemed to be a chronic violator by the Neighborhood Support Division.

ii. The Planning Director may extend the time permitted to correct a violation of this UDO upon receipt of written evidence that the required correction has been started and is being diligently pursued, and that it is impossible or impracticable to complete the correction within the time period stated in the notice of violation.

c. Summons to Municipal Court. Violations not corrected within the required timeframe may be subject to summons to appear in municipal court and subject to additional penalties.

2. Emergency Matters. In the case of violations of this UDO that constitute an immediate threat to public health and safety, or an emergency situation with the potential to create substantially increased problems, costs, or liabilities for the City if not remedied immediately, the City may use the enforcement powers available under this UDO without prior notice. In such cases, the City shall give notice simultaneously with the beginning of its enforcement action or as soon as possible after beginning enforcement action. Notice may be provided to the property owner or to the holder of any approval or permit under which the violation has occurred. (Ord. No. 2019-49 § 1, 08-19-2019)