El Paso County commissioners advance property-maintenance rules
Commissioners accepted first readings of three proposals in 5-0 votes; the drafts set notice and correction rules, with second readings scheduled for Nov. 12.
Published at
El Paso County commissioners voted 5-0 on Oct. 22 to accept the first readings of three proposed ordinances covering weeds and brush, rubbish, and unsafe structures. The votes advance the proposals but do not finally adopt them; second readings are scheduled for Nov. 12, according to the meeting minutes.
The proposals would replace existing county ordinances and revise enforcement procedures following changes in Colorado law. The weeds-and-brush proposal would apply to residential properties smaller than 2.5 acres in unincorporated El Paso County, excluding land in current agricultural use. The three ordinance drafts cover the separate rules for weeds and brush, rubbish and unsafe structures.
Each draft requires a violation notice based on an official’s personal knowledge and competent evidence gathered through a reasonable investigation. Notices would describe the violation, correction deadline and county enforcement authority, including potential liens. The drafts provide for first-class mailing to the owner’s address in county assessor records and, when available, the property’s mailing address.
The proposed correction periods are 14 days for weeds and brush, 14 days for rubbish and 30 days for unsafe structures. A shorter period may be set for an immediate public-health or safety risk. Owners generally would have 10 days to appeal an enforcement determination to the county commissioners. The county could seek court orders for abatement or other remedies; court authorization would be required to enter private property to remove weeds, rubbish or an unsafe structure. The drafts also describe liens for unpaid enforcement costs or penalties.
The ordinance packets’ summaries list daily civil-penalty tiers of $500 for a first violation, $1,000 for a second and $2,650 for a third or later violation. But the state law included in the rubbish ordinance packet places those presumptive tiers in its provision for county building-code violations, not these three ordinance categories. The law separately authorizes courts to impose civil penalties of $100 to $2,650 per day for covered violations after written notice and failure to correct them. The proposed local ordinances do not set their own civil-penalty dollar tiers.