(1) The director shall enforce sections 22-32-124 (2), 23-71-122 (1)(v), 24-33.5-1212.5, 24-33.51213.3, and 24-33.5-1213.5, C.R.S., by appropriate actions in courts of competent jurisdiction.
(2) (a) The director may issue a notice of violation to a person who is believed to have violated the codes as determined by an inspection pursuant to section 22-32-124 (2), 23-71-122 (1)(v), 24-33.5-1212.5, or 24-33.5-1213.3, C.R.S. The notice shall be delivered to the alleged violator by certified mail, return receipt requested, or by any means that verifies receipt as reliably as certified mail, return receipt requested.
The notice of violation shall allege the facts that constitute a violation.
The notice of violation may require the alleged violator to act to correct the allegedviolation.
Within ten working days after delivery of the notice of violation, the alleged violatormay request in writing an informal conference with the director concerning the notice of violation. If the alleged violator fails to request the conference within ten days, the notice of violation is final and not subject to further review by the director, and any requirement to correct the alleged violation pursuant to paragraph (c) of this subsection (2) becomes a binding enforcement order.
Upon receipt of a request for an informal conference, the director shall set a reasonable time and place for the conference and shall notify the alleged violator of the time and place of the conference. At the conference, the alleged violator may present evidence and arguments concerning the allegations in the notice of violation.
Within twenty working days after the informal conference, the director shall uphold,modify, or strike the allegations within the notice of violation and may issue an enforcement order. The decision and, if applicable, enforcement order shall be delivered to the alleged violator by certified mail, return receipt requested, or by any means that verifies receipt as reliably as certified mail, return receipt requested.
(3) (a) A person who is the subject of and is adversely affected by a notice of violation or an enforcement order issued pursuant to subsection (2) of this section may appeal such action to the executive director. The executive director shall hold a hearing to review such notice or order and take final action in accordance with article 4 of this title and may either conduct the hearing personally or appoint an administrative law judge from the department of personnel.
Final agency action shall be subject to judicial review pursuant to article 4 of this
title.
An alleged violator who is required to correct an action pursuant to paragraph (c) ofsubsection (2) of this section shall be afforded the procedures set forth in section 24-4-104 (3), to the extent applicable.
(4) (a) An enforcement order issued pursuant to this section may impose a civil penalty, depending on the severity of the alleged violation, not to exceed five hundred dollars per violation for each day of violation; except that the director may impose a civil penalty not to exceed one thousand dollars per violation for each day of violation that results in, or may reasonably be expected to result in, serious bodily injury.
(b) A civil penalty collected pursuant to this subsection (4) shall be deposited in the public school construction and inspection cash fund created in section 24-33.5-1207.7 or the health facility construction and inspection cash fund created in section 24-33.5-1207.8, as appropriate.
The director may file suit in the district court in the judicial district in which a violation is alleged to have occurred to judicially enforce an enforcement order issued pursuant to this section.
In addition to the remedies provided in this section, the director is authorized toapply to the district court, in the judicial district where the violation has occurred, for a temporary or permanent injunction to restrain any person from violating any provision of section 22-32-124 (2) or 23-71-122 (1)(v), C.R.S., or section 24-33.5-1213.3 or 24-33.5-1213.5 regardless of whether there is an adequate remedy at law.
Source: L. 2008: Entire section added, p. 1093, § 4, effective August 5. L. 2009: (1), (2)(a), and (4) amended and (6) added, (HB 09-1151), ch. 230, p. 1056, § 10, effective January 1, 2010. L. 2012: (1), (2)(a), and (4)(b) amended, (HB 12-1268), ch. 234, p. 1033, § 12, effective July 1, 2013.