Sec. 24-5. - Administrative assessment of civil penalties.
(a) Any person who violates any provision of chapter 8 (animals), excluding the provisions of sections 8-74 (damaging property), 8-61 (dog attack or bite), 8-62 (dangerous dogs), 8-67 (pit bulls prohibited without a breed-restricted permit), 8-131(a) (cruelty to animals prohibited), 8-133 (abandonment), and 8-134 (keeping place for fighting animals); chapter 11 (child care); chapter 17 (emergency vehicles); chapter 24 (health and sanitation); chapter 26 (boarding homes, personal care boarding homes, and nongovernmental residential facilities for the treatment or supervision of offenders); article II of chapter 27 (housing code); chapter 33 (lodging); chapter 35 (mobile homes and trailers); chapter 36 (noise control); article I of chapter 37 (health nuisances); or chapter 51 (pools), is also subject to a civil penalty of not more than five thousand dollars ($5,000.00) per violation.
(b) The board is hereby authorized to adopt regulations, in connection with a public rulemaking hearing, to establish or modify a schedule of the amounts, or to specify a range of amounts, of civil penalties to be assessed administratively.
(c) The manager of the department of public health and environment may issue an administrative citation for the assessment of civil penalties in particular cases in accordance with the regulations adopted by the board.
(d) A civil penalty assessed by means of an administrative citation shall be payable directly to the manager of finance. If not timely paid, a late fee of up to twenty-five dollars ($25.00) may be assessed and interest at the rate of ten (10) percent per annum. If the responsible party fails to pay all penalties and charges assessed within thirty (30) days of assessment, the manager may refer the matter for collection by any and all means available to the city.
(e) Any person who disputes a violation for which a civil penalty has been assessed by or on behalf of the city pursuant to the authority of the manager, may petition the board of public health and environment for a hearing in accordance with article I of chapter 24, D.R.M.C. and rules and regulations adopted and promulgated thereunder except as provided in this section 24-5. If the hearing is conducted by a hearing officer, the hearing officer's recommended decision shall be deemed to be the decision of the board unless a petition to review the hearing officer's recommended decision is filed with the board within ten (10) calendar days of service of the decision. If received five (5) working days before the next regularly scheduled meeting of the board, review of the hearing officer's recommended decision will be conducted at such meeting unless continued for good cause; otherwise, the review will be conducted at the next following regularly scheduled meeting of the board unless expedited or continued for good cause. The board's review will be on the administrative record established at the underlying hearing. Compliance with the provisions of this subsection shall be a jurisdictional prerequisite to any request for hearing or appeal brought under the provisions of this section, and failure to comply shall forever bar any such action.
(f) The decision of the board is the final decision which may be appealed to Denver district court under the provisions of Colorado Rule of Civil Procedure 106(a)(4) within thirty (30) days of the date the order becomes final.
(g) A stay of any order of the manager pending judicial review shall not relieve any person from any liability under subsection (a) or (b).
(h) The city may also petition the district court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from continued violation.
(Ord. No. 383-09, § 1, 7-13-09; Ord. No. 426-14, § 1, 7-28-14; Ord. No. 427-18, § 14, 6-11-18; Ord. No. 672-18, § 3, 7-16-18; Ord. No. 1176-19, § 2, 12-23-19; Ord. No. 760-20, § 2, 8-17-20; Ord. No. 662-21, § 2, 6-28-21; Ord. No. 770-21, § 2, 8-2-21)
