§ 27-27. Enforcement.

(1)

Notice of violations . Except in those instances to which section 27-28 is applicable, whenever the manager determines that there has been a violation of any provision of this article or any rule or regulation adopted and promulgated pursuant thereto, the manager shall give notice of the alleged violation to the person or persons the manager determines to be responsible for the alleged violation and may order such person or persons to take corrective action for the alleged violation. The notice must:

(a)

Be in writing;

(b)

Particularize the violations alleged to exist or to have been committed;

(c)

Provide a reasonable time, based on the nature of the violation and threat to the human health, to correct the violations;

(d)

Be issued and addressed to and, subject to subsection 27-27(2), served upon the owner or operator or both of the dwelling or dwelling unit or if the notice is directed to an occupant of a dwelling or dwelling unit, served upon that occupant.

(2)

Service of notice . Notices must be served upon the person to whom the notice is issued, and unless it is recorded under section 27-29, it may be served by any of the means listed in subsection 27-27(2)(a)—(c).

(a)

Personal delivery.

(b)

U.S. mail, postage prepaid.

(c)

Nationally recognized overnight courier with all fees prepaid.

(2.5)

Service of notice to be recorded . Notices may not be recorded under section 27-29 unless the notice was first served by one of the following means:

(a)

Personal delivery acknowledged in a writing signed by the person to whom the notice was issued, or if issued to the owner, by a person representing to be the operator or an authorized agent of the owner.

(b)

In accordance with the rules of civil procedure for the court of record.

(c)

Registered or certified mail, return receipt requested and postage prepaid.

(d)

If, however, a notice to be recorded cannot be served in accordance with subsection 27-27(2.5)(a)—(c) because one (1) or more persons to whom the notice is addressed cannot be found or served after diligent effort to effect service, service may be made upon such person by posting a notice in a conspicuous place in or about the dwelling affected by the notice, in which event the manager shall include in the record a statement as to why such posting was necessary.

(3)

Appeal . Appeals from a notice or order issued under this section shall be taken in accordance with article 1 of chapter 24 D.M.R.C.

(Ord. No. 997-95, § 1, 12-4-95; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 500, § 13, 9-17-07)

Case Law annotation— Failure to address a notice as provided in subsection (1)(d) does not allow proper indexing of the notice under section 27-29(1). Absent a proper addressing—indexing there is no constructive notice of the violation. Aropahoe Land Title, Inc. v. Contract Financing, Ltd., 28 Colo. App. 393, 472 P. 2d 754 (Colo. App., Div. 1, 1970).

A hearing resulting in an adverse order authorizes filing of a complaint on the ordinance violation in the county court. The county court trial is an original trial on the merits of the existence of violations and sentencing therefore with trial de novo to the superior court and right of appeal thereafter. Douglas v. Municipal Court, 157 Colo. 358, 377 P. 2d 738 (1963).