EXERPTS OF THE DOUGLAS COUNTY ZONING RESOLUTION 13 Violations No land in Douglas County shall be used, nor any building or structure erected, constructed, enlarged, altered, maintained, moved or used in violation of this Resolution as amended. The Board of County Commissioners, through the office of the County Attorney may initiate legal proceedings in accordance with applicable statutes, regulations, civil and criminal procedures to enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use, in addition to any other remedies provided by law. 114 Penalties Any person, firm, or corporation, whether as principal, agent, employee, or otherwise, who violates any of the provisions of this Resolution or any landowner who allows the use of his land by another in violation of this Resolution, shall be fined an amount not to exceed $100 for each such violation, such fine to inure to the County of Douglas, or by imprisonment in the county jail for not more than 10 days, or by both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance, or use continues shall be deemed a separate offense. 115 Damages and Abatement In any civil or criminal action brought to enforce this Resolution, the Office of the County Attorney may request a court order authorizing the County to abate any violation to this Resolution at the expense of the violator. The violator shall be granted a reasonable period of time in which to correct such violation before the County may abate the violation. The cost of abatement shall be supported by competent evidence and reduced to judgment in the same action in a hearing before the Court. 116 Enforcement of the Zoning Resolution This Resolution shall be enforced by the Douglas County Director of Planning and Community Development (Director) or authorized representative on all matters involving this Resolution, pursuant to Section 30-28-114 C.R.S., as amended. The Director shall consult with the County Attorney and Chief Building Official and other affected County offices, concerned with, but not limited to the lawful erection, construction, alteration, occupation or use of any building or structure, or land in the unincorporated area of Douglas County. The Director shall also consult with the Tri-County Health Department on matters involving health and sanitation. 116.01 The Board authorizes the Director, Zoning Administrator, or compliance official to perform the following duties: 116.01.1 To enter and inspect any building, structure, or tract of land in the unincorporated area of Douglas County to determine compliance with this Resolution. 116.01.2 To issue written notices to alleged zoning violators that they are alleged to be in violation of this Resolution and that the alleged violators have thirty days or such other period of time, required by statute or this Resolution, in which to correct the alleged violation, after which time the alleged violators may be issued a summons and complaint as permitted by the laws of the State of Colorado. 116.01.03 To perform other such duties as may be necessary and appropriate to permit such agents to detect zoning violations, to give alleged violators statutory notice, and to enforce compliance with this Resolution. The Director may request in writing, from the property owner, the remedy of any such violation. 116.02 The zoning compliance official shall respond to zoning complaints and make regular inspections of properties in the County. The zoning compliance procedure shall be developed by the Planning Division, reviewed by the County Attorney and approved by the Board. 117 Non-liability of Officials Any County official or employee, charged with the enforcement of this Resolution, acting in good faith and without malice on behalf of the County in the discharge of official duties, shall not thereby be rendered personally liable for any damages which may accrue to persons or property resulting from any such act or omission committed in the discharge of such duties. 118 Non-liability for Injury This Resolution shall not be construed to hold Douglas County in any manner responsible for any injury to persons or property resulting from any inspection as herein authorized or resulting from any failure to so inspect, or resulting from the issuance or denial of a building permit as herein provided, or resulting from the institution of court action as herein above set forth or the forbearance by Douglas County to so proceed. 119 Any Provision Declared Invalid If any provision of this Resolution is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: the effect of such decision shall be limited to that provision or provisions which are expressly stated in the decision to be invalid; and such decision shall not affect, impair, or nullify this Resolution as a whole or any other part thereof, but the rest of this Resolution shall continue in full force and effect. 120 Application of Any Provision Declared Invalid If the application of any provision of this Resolution to any lot, building, other structure, or tract of land is declared to be invalid by a decision of any court of competent jurisdiction, it is hereby declared to be the legislative intent that: the effect of such decision shall be limited to that lot, building, other structure, or tract of land immediately involved in the controversy, action, or proceeding in which the judgment or decree of invalidity was rendered; and such decision shall not affect, impair, or nullify this Resolution as a whole or the application of any provision thereof, to any other lot, building, other structure, or tract of land. 121 Repeals This Resolution shall repeal the Zoning Resolution of Douglas County, Colorado adopted February 1, 1994, and amendments made prior to March 1999. Repeal of the above mentioned Resolution does not revive any other Resolution or portion thereof. Such repeal shall not affect or prevent the prosecution or punishment of any person for the violation of any Resolution repealed hereby, for any offense committed prior to the repeal. 122 Effective Date This Resolution was adopted March 10, 1999 by the Board of County Commissioners of Douglas County, Colorado. This Resolution and any future amendment thereof shall take effect immediately upon adoption by the Board, unless otherwise set forth in the Board's motion to approve.