Penalty.
Boulder Revised Code 1981 § 10-3-17
in effect10-3-17. - Penalty.
(a) The penalty for violation of any provision of this chapter is a fine of at least $500 and not more than $2,000 per violation, or incarceration for not more than ninety days in jail, or both such fine and incarceration. In addition, upon conviction of any person for violation of this chapter, the court may issue a cease and desist order and any other orders reasonably calculated to remedy the violation. Violation of any order of the court issued under this section is a violation of this section and is punishable by a fine of not more than $4,000 per violation, or incarceration for not more than ninety days in jail, or both such fine and incarceration.
(b) It shall be a condition of any deferred prosecution or deferred or suspended sentence under this chapter that the defendant commit no violations of this chapter for at least one year from the date of such deferred prosecution or deferred or suspended sentence.
(c) Notwithstanding subsection (a) of this section, the following specific sentencing considerations shall apply to fines imposed for violations:
(1) The court shall consider any evidence presented by the defendant that a potential fine would be confiscatory. A confiscatory fine is a fine that would deprive a normally capitalized owner of the ability to continue operating a rental housing business of the sort involved in the case before the court. No fine that is confiscatory shall be enforced by the court.
(2) In imposing a fine in any single case or in any consolidated cases, the court may weigh all factors normally and properly considered in connection with the imposition of fines, including the seriousness of the violation, the past record of the defendant, the economic circumstances of the defendant and all mitigating or aggravating factors relevant to the violation or to the defendant. In addition, in determining the amount of any fine, the court may consider:
(A) The imposition of a fine that would deprive the defendant of any illegal profit collected because of the occurrence of the violation or violations on the rental housing property;
(B) The imposition of a reasonable penalty in addition to any level of fine that is attributable to illegally obtained profit; and
(C) The imposition of such additional fine as is determined by the court to constitute a reasonable amount to be suspended in order to ensure compliance with any terms of probation imposed by the court.
(d) No fine imposed in a single case alleging multiple dates of violation, nor any fine in consolidated cases alleging multiple days of violation, shall exceed the maximum fine that might be imposed for fifteen separate violations unless the court finds special aggravating circumstances. Where special aggravating factors are at issue, the following procedures shall apply:
(1) The defendant shall be entitled to ten days' notice of any special aggravating factors upon which the prosecution intends to rely at the sentencing hearing or about which, based upon evidence previously presented, the court is concerned. If necessary in order to provide such notice, a defendant shall be entitled to a continuance of the sentencing hearing.
(2) A judicial finding of the existence of special aggravating factors shall not mandate that the court impose any particular level of fine but will, rather, provide the sentencing court with discretion to determine a fine based upon all the criteria set forth in this subsection.
(3) Special aggravating factors, for the purpose of this subsection, shall require a judicial finding of one or more of the following:
(A) The violations at issue were flagrant and intentional on the part of the defendant;
(B) The defendant, after learning of the violation, failed to attempt corrective action over a sustained period of time; or
(C) A fine equivalent to the maximum fine permitted for fifteen separate violations would be inadequate to disgorge the defendant of illegal profits obtained as a consequence of the violations or would be inadequate to ensure that the violation is neither profitable nor revenue neutral for the offender.
Ordinance Nos. 5798 (1996); 7725 (2010)
Source: City of Boulder, Colorado, Revised Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/boulder/codes/municipal_code?nodeId=TIT10ST_CH3RELI_10-3-17PEFetched: 11/14/2026