Senate committee advances bill to streamline county code enforcement

The Senate Law, Government and Housing Committee voted 5–0 to advance House Bill 1239 as amended, a measure sponsors say will streamline county code enforcement by allowing counties to seek abatement and penalties in a single court case and by creating a graduated maximum fine schedule.

Senator Mullica, the bill sponsor, told the committee House Bill 1239 "addresses the cumbersome elements of how counties go about enforcing violations of codes in their communities" and does not grant counties new substantive authorities. He said the bill lets a county attorney or a code-enforcement official — rather than a peace officer — initiate the judicial process and gives judges discretion to compel abatement or impose fines.

The legislation creates parity with municipalities, the sponsor said, and establishes a maximum fine of $2,650 with graduated penalties based on repeat offenses. "This bill respects local authority as all codes are still determined by the county, but our state statute controls the judicial process that is used to enforce these codes," Senator Mullica said.

County officials and residents who testified supported the measure. Calvin Bernhardt, a Morgan County commissioner, described properties without running water, unsafe structures and recurring nuisance conditions that led to fires and significant cleanup costs. "We obtained a court order, cleaned up the property, and spent about $70,000 in taxpayer funds," Bernhardt said, adding counties often must bring separate district- and county-court cases to get both abatement and penalties under current law.

Robin Hannon, an Adams County resident who runs a volunteer neighborhood group, urged passage on quality-of-life grounds, describing repeated trash and rodent problems and warning that low fines encourage repeat violations. "We have people that violate the same statute over and over and with the low amount that the county is able to charge them, they'd rather just pay the fee many times than actually clean it up," Hannon said.

Shira Cohen, assistant county attorney for Grand County speaking for Grand County and Colorado Counties Incorporated, said the bill corrects internal inconsistencies between statutes and court rules that currently require peace officers to initiate certain zoning enforcement actions. "The rules provide you to talk to me, someone whose job is criminal enforcement and not meddling around with whether someone's built a porch too far into a setback," Cohen said, arguing that the bill restores sensible procedure and consistent fine options.

Commissioner Merit Linke (Grand County) said the bill "does not expand county powers or support government overreach" and emphasized bipartisan, statewide support through Colorado Counties Incorporated.

During questioning, Vice Chair Snyder asked whether counties participate in regional building departments; Bernhardt said Morgan County does not and that the bill would provide a more expedited, lower-cost option than pursuing separate district-court actions. On statutory language, Cohen said she had not found a legal definition for "rubbish," and noted that statutory definitions of "weeds" are narrower and scientific in scope.

The committee adopted amendment L019, which the sponsor described as a drafter-requested fix to a cross-reference inserted in the House. Vice Chair Snyder moved that the committee report the bill as amended to the Committee of the Whole with a favorable recommendation; the committee voted 5–0 (Liston and Rich excused). Vice Chair Snyder also recommended adding the bill to the Senate consent calendar. The committee adjourned following that action.

What’s next: House Bill 1239 will go to the Senate Committee of the Whole with a favorable recommendation and be placed on the consent calendar unless further action is taken.