Title 8 HEALTH AND SAFETY
Chapter 8.34 REGULATION OF PRODUCTS CONTAINING OZONE-DEPLETING COMPOUNDS
8.34.120 Enforcement--Civil penalties.
A. Whenever the city manager or the manager's designee has
reason to believe that any person has violated the rules and regulations
promulgated pursuant to Section 8.34.020, the city manager or the manager's
designee may issue a notice of violation or a cease and desist order. Such
notice or order shall set forth the rule or regulation alleged to have been
violated, the facts constituting such violation, and any measure which the
person is required to take. In addition, if the city manager or the manager's
designee finds that a person is in violation of any rule or regulation
promulgated pursuant to Section 8.34.020, the city manager or the manager's
designee may assess a fine of up to nine hundred ninety-nine dollars for each
violation.
B. Any person who has been issued a notice of violation or a
cease and desist order or who has been ordered to pay a fine may request a
hearing before the city council to contest the notice, order or fine. Such
request shall be filed within thirty days after the notice or order has been
issued or the fine has been assessed. Upon such request, a hearing shall be held
before the city council in accordance with the provisions of Section 2.64.080 of
the city code.
C. After a hearing pursuant to subsection B of this section,
any person aggrieved by the determination of the city council may, pursuant to
Rule 106(a)(4) of the Colorado Rules of Civil Procedure, seek judicial review of
the city council's order within thirty days after entry thereof in district
court. (Ord. 1992-3 § 8; Ord. 1991-53)