The Chief Building Official, the Community Development Director and the Pitkin County Code Enforcement Officer are hereby delegated with the power to enforce this Land Use Code and the adopted building code, including without limitation any condition imposed on an approval under either code, as provided in this chapter, and may use any remedies established in this Chapter 10 or other applicable law.
Whenever the Chief Building Official, the Community Development Director or the Pitkin County Code Enforcement Officer has personal knowledge of any violation of this Land Use Code, such person shall give written notice to the violator to correct or cease and desist from continuing such violation. An immediate order to cease the violation may be issued, but in no case shall a correction period of longer than ten (10) days be granted unless the Community Development Director approves a longer time period.
The Chief Building Official and the Community Development Director are hereby authorized to require the immediate removal of any and all fixtures, utilities, appliances, structures, or other improvement designed to make an area usable or habitable (whether or not presently so used) or to require the removal or restoration of any other development when such use or development is not permitted by applicable provisions of this Land Use Code or when such use or development violates the terms or conditions of an existing approval.
(a) Whenever any development for which a permit is required by this Land Use Code, has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such development.
(b) An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be in a minimum amount equal to the amount of the permit fee required by this Land Use Code. The total fee to be assessed shall be based upon the hourly rate authorized by ordinance to be collected by the Community Development for the time of its staff on an hourly basis. The payment of such investigation fees shall not exempt any person from compliance with all other provisions of this Land Use Code nor from any penalty or enforcement procedure authorized by law.
(a) In the event that either the Chief Building Official or the Community Development Director has personal knowledge of any violation of this Land Use Code or the adopted building code, either shall revoke any building permit that has been issued for improvements on the property where the violation is known to exist.
(b) In the event that the Chief Building Official or the Community Development Director has knowledge of any violation of this Land Use Code or the adopted building code, no land use approvals or building or other development permits shall be issued with respect to the property where the violation is believed to exist, during the period of such violation. Any existing land use approval for the property where the violation exists may be suspended or revoked where the violation consists of development or use of the property not in accordance with the terms and conditions of approval.
(c) In the event that the Chief Building Official or the Community Development Director has personal knowledge of any violation of this Land Use Code or the adopted building code, no land use approval or building permits shall be issued for any other property under the ownership or control of the same person, firm, corporation, or other entity responsible for the violation on the property where such violation is believed to exist, during the period of such violation.
(d) Except as otherwise stated above, the revoking and withholding of building or other development permits and land use approvals shall be an administrative act of the Director of Community Development.
If an activity or development permitted by a special use permit is not operated in strict compliance with the terms and conditions attached to that permit, the special review permit may be withdrawn through those procedures in Sec. 2-40-20(c)(5).
(a) If a Site Specific Development Plan is approved with conditions, the failure to fully abide by the terms of any conditions of approval may result in a forfeiture of vested property rights, and may result in revocation or suspension of the approval.
(b) Forfeiture of a vested property right and revocation or suspension of a development approval shall be by resolution of the Board after public hearing, in accordance with this section. Notice of the hearing shall be published and mailed to the owner of the applicable real property no later than ten (10) days prior to the hearing.
(a) Should the violator fail to correct the violation within the required time period, the County Chief Building Official or the Community Development Director, as appropriate, may request that the Pitkin County Sheriff issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in county court at a specific time and place stated therein to answer and defend the charge. One copy of said summons and complaint shall be served upon the violator by the Sheriff in the manner provided by law for the service of a criminal summons. One copy shall be retained by the Sheriff and the Community Development Director or the Chief Building Official, and one copy shall be transmitted by the Sheriff to the clerk of the combined courts.
(b) It is the responsibility of the County Attorney, at the request of the Board of County Commissioners, to bring any criminal or civil enforcement action.
Notwithstanding the listing of enforcement powers in this chapter, and in addition to those powers, in case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of this Land Use Code or the adopted building code, or any amendment to such documents enacted or adopted by the Board of County Commissioners, the County Attorney, in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or use.