Morgan County proposal would allow $2,500 daily penalties for permit violations

Morgan County’s proposed zoning amendments would allow the county Board to impose administrative penalties of up to $2,500 per permit violation for each day the violation continues, without first going to court. The proposal has not been adopted and will go before the Planning Commission at a public hearing Sept. 14, according to the county’s meeting packet.

The penalties would apply to violations of permits issued under the county’s zoning regulations, including permit conditions and related agreements. The administrative-penalty process would not directly apply to stand-alone violations of the zoning regulations.

The proposed language would give the county continuing jurisdiction over permits. If information or representations made during an application or hearing were erroneous, unsupported or inaccurate, the county could pursue an enforcement proceeding. After notice and a hearing, the Board could amend, add or remove permit conditions when their interpretation is disputed.

For a permit or land-use approval violation, the Board could revoke the approval, amend its conditions, impose an administrative penalty or combine those remedies. Other remedies, including civil or criminal fines, injunctions, abatement and court action, would remain available.

The process would begin with the Planning Administrator determining whether competent evidence shows that a violation occurred or is continuing. The administrator could then issue an order to show cause requiring the alleged violator to appear before the Board. The proposed language would set the hearing at least 14 days after the order. The violator, property owner and people directly aggrieved by the alleged violation could present evidence or be heard.

The Board would have to decide within 14 days after the hearing whether to revoke the permit or approval, amend conditions, impose penalties or combine those actions. In setting a penalty, it would consider effects on public health, safety and welfare; neighboring or public property; the violator’s willingness and ability to comply; and multiple or prior violations.

The packet’s redline replaces “probable cause” with “competent evidence,” extends the minimum period before a show-cause hearing from 10 to 14 days, and adds the administrative-penalty section and penalty factors.

The Planning Commission agenda schedules the public hearing for 6 p.m. Monday, Sept. 14, in the Assembly Room at 231 Ensign Street in Fort Morgan. Remote participation will be available through Zoom and by telephone.

The available materials do not record a Planning Commission recommendation or vote, and they do not establish an effective date. The hearing is for public comment and consideration of the proposed amendments; it does not put the changes into effect.