Counties get broader enforcement toolbox as committee advances code‑enforcement bill

Representatives Goldstein and Richardson introduced HB 12‑39 to resolve procedural conflicts hindering county enforcement of local ordinances (zoning, building codes, weed abatement, pests, trash and unsafe structures). Sponsors emphasized the bill does not grant new substantive authority to counties but streamlines enforcement pathways, consolidates remedies into a single statute and provides clearer injunctive procedures.

Key changes described by sponsors include: allowing county courts to grant injunctive relief for certain ordinance and building‑code violations (reducing split‑venue litigation), aligning administrative‑warrant timing and cost recovery (raising the percentage for abatement cost recovery and extending execution windows from 10 to 30 days), permitting code enforcement officers to initiate proceedings rather than requiring peace officers for civil infractions, and adopting civil penalty procedures with graduated daily penalties and lien remedies similar to those available to municipalities.

Multiple county commissioners and county attorneys testified in support, presenting examples where current procedures prevented timely cleanup or remediation and where court‑rule/statute mismatches forced inefficient lawsuits. Colorado Counties Inc. and several county officials described the measure as a practical fix for statewide procedural barriers. State agencies requested technical clarifications and sponsors offered a set of amendments to address exemptions and procedural details.

The committee adopted a suite of sponsor amendments (L001–L010) that clarified right‑of‑way liability, lien certification, evidentiary thresholds for enforcement (competent information and reasonable investigation), maximum civil infraction penalties and a graduated penalty schedule that aligns penalties with municipal standards. After debate and amendment, the committee voted to advance HB 12‑39 as amended to the Committee of the Whole with a recorded vote reported as 9‑3.