1. Criminal Penalties: Failure to comply with the requirements of this chapter may result in a summons and complaint and subject to the general penalty under section 1-4-1 and/or an infraction under section 1-4-1-1 of the municipal code.

2. Civil Penalties: Failure to comply with the requirements of this chapter may result in the imposition of a fine not to exceed one hundred dollars ($100.00) for each day of continuing violation.

3. In addition to the civil and criminal penalties provided above, neglect of a landmark, landmark site, or building in the historic district may result in up to a one (1) year moratorium on all building and development permits being issued for the subject property or imposed on the same owner or same developer on other properties as provided under section 9-1-6 of the development code.

1. An alteration which is made to a landmark or historic structure without an approved development permit issued under the development code may result in up to a one (1) year moratorium on all building and development permits for the subject property.

2. The relocating or demolition of a landmark or historic structure without an approved permit issued under this chapter may result in up to a five (5) year moratorium on all relocation, demolition, or building permits for the structure and for the property at the structure's original location.

1. Prior to imposing any fines or administrative penalties under this chapter, community development will issue a first warning and an opportunity to cure the violation.

2. If the violation is not cured within thirty (30) days of the date of the notice, which time period may be extended in writing by the director or their designee for good cause shown, the director shall send written notice of an administrative penalty by first class United States mail to such person at such person's last known address.

1. Any party found in violation of this chapter or who disputes the demand for stabilization has a right to appeal to the planning commission by submitting a complaint to the director within thirty (30) days of the notice of violation. A complaint shall be in writing and set forth both the grounds for the appeal and supporting facts next regularly scheduled planning commission meeting, or as soon thereafter as reasonably practical.

2. The burden of proof shall be on the proponent of a claim or issue to prove such claim or issue by a preponderance of the evidence, and on the party raising any affirmative defense or matter of mitigation to prove such affirmative defense or matter of mitigation by a preponderance of the evidence. "Preponderance of the evidence" means to prove that something is more probably true than not.

3. The finding or decision of planning commission in connection with any appeal shall be delivered in writing within thirty (30) days following the hearing on the matter. The decision of the planning commission shall be final, subject to the right of any aggrieved party to contest the matter in an appropriate court action commenced under rule 106(a)(4) of the Colorado Rules of Civil Procedure. For purposes of determining the time limit for the commencement of an action under rule 106(a)(4) of the Colorado Rules of Civil Procedure, the decision of the planning commission shall be deemed to be final upon the issuance of the written finding or decision. (Ord. 16, Series 2024)