House Committee of Reference Report
Committee on Transportation, Housing & Local Government
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All text that will be removed from the bill will be indicated by strikethrough as follows:
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This is text that is removed from law. -
Text that is added to a bill will be indicated by either all capitals or bold & italic as follows:
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- This all capitals text would be added to law.
- This is bold & italic text that would be added to law.
March 10, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1239 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, page 3, strike lines 7 through 10 and substitute "is
Page 1, Line 2defined in section 39-1-102 (1.6), C.R.S., and from the alleys behind and
Page 1, Line 3from the sidewalk areas in front of such property at such time any public
Page 1, Line 4right of way immediately adjacent to the property to the extent
Page 1, Line 5the condition is caused by the property owner or occupant or
Page 1, Line 6originates from the property, upon such notice, and in such manner
Page 1, Line 7as the board of county".
Page 1, Line 8Page 4, line 2, after "clerk" insert "and recorder or county
Page 1, Line 9attorney".
Page 1, Line 10Page 5, strike lines 12 through 15 and substitute "is defined in section
Page 1, Line 1139-1-102 (1.6), C.R.S., and from the alleys behind and from the sidewalk
Page 1, Line 12areas in front of such property at such time,
Page 1, Line 13immediately adjacent to the property to the extent the
Page 1, Line 14condition is caused by the property owner or occupant or
Page 1, Line 15originates from the property, upon such notice, and in such manner
Page 1, Line 16as the board of county".
Page 1, Line 17Page 7, strike line 9 and substitute ""affected land" is defined in section
Page 1, Line 1834-32-103 (1.5), C.R.S., sections 34-32-103 (1.5) and 34-32.5-103 (1),
Page 1, Line 19or on lands".
Page 1, Line 20Page 8, line 11, after "recorder" insert "or county attorney".
Page 1, Line 21Page 10, line 2, strike "three thousand" and substitute "two thousand
Page 1, Line 22six hundred fifty".
Page 1, Line 23
Page 2, Line 1Page 10, strike lines 4 through 6 and substitute "accordance with the
Page 2, Line 2county ordinance. Each day that a violation".
Page 2, Line 3Page 10, line 12, before "county" insert "clerk and recorder or".
Page 2, Line 4Page 10, after line 22 insert:
Page 2, Line 5"(III) The minimum civil penalty that the court may impose
Page 2, Line 6for a violation of a county building code or amendment thereto
Page 2, Line 7is one hundred dollars per violation, and the maximum civil
Page 2, Line 8penalty is two thousand six hundred fifty dollars per violation.
Page 2, Line 9 The presumptive maximum penalty for a first violation is five
Page 2, Line 10hundred dollars. The presumptive maximum penalty for a second
Page 2, Line 11violation is one thousand dollars. The presumptive maximum
Page 2, Line 12penalty for a third or subsequent violation is two thousand six
Page 2, Line 13hundred fifty dollars. The court must specify the basis for the
Page 2, Line 14civil penalty on the record. In cases where sufficient
Page 2, Line 15aggravating factors are present, the court may impose a
Page 2, Line 16penalty that is higher than the presumptive maximum. The court
Page 2, Line 17must base the determination of the appropriate civil penalty for
Page 2, Line 18a violation of a county building code or amendment thereto on
Page 2, Line 19the following factors:
Page 2, Line 20(A) The impact of the violation on public health, safety,
Page 2, Line 21and welfare;
Page 2, Line 22(B) The impact of the violation on neighboring properties;
Page 2, Line 23(C) The violator's willingness to comply with or
Page 2, Line 24demonstrated disregard for the applicable laws;
Page 2, Line 25(D) The violator's ability to comply with the applicable
Page 2, Line 26laws;
Page 2, Line 27(E) Whether the violation is the use of the property for
Page 2, Line 28activities prohibited in the property's zone district;
Page 2, Line 29(F) Whether multiple violations exist on the property;
Page 2, Line 30(G) Prior violations by the violator on the property; and
Page 2, Line 31(H) Any other relevant factors determined by the
Page 2, Line 32court.".
Page 2, Line 33Renumber succeeding subparagraphs accordingly.
Page 2, Line 34Page 12, line 21, strike "(2)(d)(IV)" and substitute "(2)(d)(V)".
Page 2, Line 35Page 13, line 3, strike "one three" and substitute "one".
Page 2, Line 36Page 14, line 8, strike "three thousand" and substitute "two thousand
Page 2, Line 37six hundred fifty".
Page 3, Line 1Page 14, strike lines 22 through 25 and substitute "section 30-28-114
Page 3, Line 2who has personal knowledge of any violation of this paragraph (b), he or
Page 3, Line 3she subsection (1)(b)(II) based on competent evidence acquired
Page 3, Line 4during a reasonable investigation shall give written notice to the
Page 3, Line 5violator to correct".
Page 3, Line 6Page 15, line 22, strike "(I)" and substitute "The minimum civil penalty
Page 3, Line 7that the court may impose for a violation of a county zoning
Page 3, Line 8ordinance or resolution or amendment thereto is one hundred
Page 3, Line 9dollars per violation, and the maximum civil penalty is two
Page 3, Line 10thousand six hundred fifty dollars per violation. The
Page 3, Line 11presumptive maximum penalty for a first violation is five
Page 3, Line 12hundred dollars. The presumptive maximum penalty for a second
Page 3, Line 13violation is one thousand dollars. The presumptive maximum
Page 3, Line 14penalty for a third or subsequent violation is two thousand six
Page 3, Line 15hundred fifty dollars. The court must specify the basis for the
Page 3, Line 16civil penalty on the record. In cases where sufficient
Page 3, Line 17aggravating factors are present, the court may impose a
Page 3, Line 18penalty that is higher than the presumptive maximum.".
Page 3, Line 19Page 15, strike lines 26 and 27.
Page 3, Line 20Page 16, strike lines 1 through 15 and substitute:
Page 3, Line 21"(I) The impact of the violation on public health, safety,
Page 3, Line 22and welfare;
Page 3, Line 23(II) The impact of the violation on neighboring properties;
Page 3, Line 24(III) The violator's willingness to comply with or
Page 3, Line 25demonstrated disregard for the applicable laws;
Page 3, Line 26(IV) The violator's ability to comply with the applicable
Page 3, Line 27laws;
Page 3, Line 28(V) Whether the violation is the use of the property for
Page 3, Line 29activities prohibited in the property's zone district;
Page 3, Line 30(VI) Whether multiple violations exist on the property;
Page 3, Line 31(VII) Prior violations by the violator on the property; and
Page 3, Line 32(VIII) Any other relevant factors determined by the
Page 3, Line 33court.".
Page 3, Line 34Page 17, line 1, before "county" insert "clerk and recorder or".
Page 3, Line 35Page 20, line 18, strike "offense." and substitute "offense, and the
Page 3, Line 36civil penalty continues to accrue until the violation is
Page 3, Line 37remedied.".
Page 3, Line 38
Page 4, Line 1Page 20, strike lines 21 through 23 and substitute "30-28-114 who has
Page 4, Line 2personal knowledge of any violation of subsection (3)(a) of this
Page 4, Line 3section based on competent evidence acquired during a
Page 4, Line 4reasonable investigation shall give written notice to the".
Page 4, Line 5Page 22, line 21, strike "three thousand" and substitute "two
Page 4, Line 6thousand six hundred fifty".
Page 4, Line 7Page 23, strike lines 19 through 22 and substitute "county building
Page 4, Line 8inspector who has personal knowledge of any violation of the
Page 4, Line 9requirements of subparagraph (I) of this paragraph (b), he or she this
Page 4, Line 10subsection (1)(b)(II) based on competent evidence acquired during
Page 4, Line 11a reasonable investigation shall give".
Page 4, Line 12Page 24, line 19, strike "(I)" and substitute "The minimum civil penalty
Page 4, Line 13that the court may impose for a violation of a county building
Page 4, Line 14code or amendment thereto is one hundred dollars per
Page 4, Line 15violation, and the maximum civil penalty is two thousand six
Page 4, Line 16hundred fifty dollars per violation. The presumptive maximum
Page 4, Line 17penalty for a first violation is five hundred dollars. The
Page 4, Line 18presumptive maximum penalty for a second violation is one
Page 4, Line 19thousand dollars. The presumptive maximum penalty for a third
Page 4, Line 20or subsequent violation is two thousand six hundred fifty
Page 4, Line 21dollars. The court must specify the basis for the civil penalty on
Page 4, Line 22the record. In cases where sufficient aggravating factors are
Page 4, Line 23present, the court may impose a penalty that is higher than the
Page 4, Line 24presumptive maximum.".
Page 4, Line 25Page 24, strike lines 22 through 27.
Page 4, Line 26Page 25, strike lines 1 through 10 and substitute:
Page 4, Line 27"(I) The impact of the violation on public health, safety,
Page 4, Line 28and welfare;
Page 4, Line 29(II) The impact of the violation on neighboring properties;
Page 4, Line 30(III) The violator's willingness to comply with or
Page 4, Line 31demonstrated disregard for the applicable laws;
Page 4, Line 32(IV) The violator's ability to comply with the applicable
Page 4, Line 33laws;
Page 4, Line 34(V) Whether the violation is the use of the property for
Page 4, Line 35activities prohibited in the property's zone district;
Page 4, Line 36(VI) Whether multiple violations exist on the property;
Page 4, Line 37(VII) Prior violations by the violator on the property; and
Page 4, Line 38(VIII) Any other relevant factors determined by the
Page 5, Line 1court.".
Page 5, Line 2Page 25, line 22, before "county" insert "clerk and recorder or".
Page 5, Line 3Page 28, line 13, strike "opting" and substitute "adopting" and before
Page 5, Line 4"county" insert "clerk and recorder or".
Page 5, Line 5Page 29, line 3, strike "three" and substitute "one".
Page 5, Line 6Page 29, strike lines 21 through 23 and substitute "functions of a
Page 5, Line 7county building inspector who has personal knowledge of any
Page 5, Line 8violation of this requirements of subsection (3)(a) of this section
Page 5, Line 9based on competent evidence acquired during a reasonable
Page 5, Line 10investigation".
Page 5, Line 11Page 29, line 24, strike "section,".
Page 5, Line 12Page 32, line 12, strike "or" and substitute "and".
Page 5, Line 13Page 33, line 3, strike "three thousand" and substitute "two thousand
Page 5, Line 14six hundred fifty".
Page 5, Line 15Page 33, line 14, after "(c)" insert "The minimum civil penalty for a
Page 5, Line 16violation of this article 4 is one hundred dollars per violation,
Page 5, Line 17and the maximum civil penalty is two thousand six hundred fifty
Page 5, Line 18dollars per violation. The presumptive maximum penalty for a
Page 5, Line 19first violation is five hundred dollars. The presumptive maximum
Page 5, Line 20penalty for a second violation is one thousand dollars. The
Page 5, Line 21presumptive maximum penalty for a third or subsequent
Page 5, Line 22violation is two thousand six hundred fifty dollars. The court
Page 5, Line 23must specify the basis for the civil penalty on the record. In
Page 5, Line 24cases where sufficient aggravating factors are present, the
Page 5, Line 25court may impose a penalty that is higher than the presumptive
Page 5, Line 26maximum.".
Page 5, Line 27Page 33, strike lines 16 through 24 and substitute:
Page 5, Line 28"(I) The impact of the violation on public health, safety,
Page 5, Line 29and welfare;
Page 5, Line 30(II) The impact of the violation on neighboring properties;
Page 5, Line 31(III) The violator's willingness to comply with or
Page 5, Line 32demonstrated disregard for the applicable laws;
Page 5, Line 33(IV) The violator's ability to comply with the applicable
Page 5, Line 34laws;
Page 6, Line 1(V) Whether the violation is the use of the property for
Page 6, Line 2activities prohibited in the property's zone district;
Page 6, Line 3(VI) Whether multiple violations exist on the property;
Page 6, Line 4(VII) Prior violations by the violator on the property; and
Page 6, Line 5(VIII) Any other relevant factors determined by the
Page 6, Line 6court.".
Page 6, Line 7Page 34, line 1, before "county" insert "clerk and recorder or".
Page 6, Line 8Page 35, line 13, strike "three thousand" and substitute "two
Page 6, Line 9thousand six hundred fifty".
Page 6, Line 10Page 35, line 18, after "(I)" insert "The minimum civil penalty that
Page 6, Line 11the court may impose for a violation is one hundred dollars per
Page 6, Line 12violation, and the maximum civil penalty is two thousand six
Page 6, Line 13hundred fifty dollars per violation. The presumptive maximum
Page 6, Line 14penalty for a first violation is five hundred dollars. The
Page 6, Line 15presumptive maximum penalty for a second violation is one
Page 6, Line 16thousand dollars. The presumptive maximum penalty for a third
Page 6, Line 17or subsequent violation is two thousand six hundred fifty
Page 6, Line 18dollars. The court must specify the basis for the civil penalty on
Page 6, Line 19the record. In cases where sufficient aggravating factors are
Page 6, Line 20present, the court may impose a penalty that is higher than the
Page 6, Line 21presumptive maximum.".
Page 6, Line 22Page 35, strike lines 20 through 27.
Page 6, Line 23Page 36, strike line 1 and substitute:
Page 6, Line 24"(A) The impact of the violation on public health, safety,
Page 6, Line 25and welfare;
Page 6, Line 26(B) The impact of the violation on neighboring properties;
Page 6, Line 27(C) The violator's willingness to comply with or
Page 6, Line 28demonstrated disregard for the applicable laws;
Page 6, Line 29(D) The violator's ability to comply with the applicable
Page 6, Line 30laws;
Page 6, Line 31(E) Whether the violation is the use of the property for
Page 6, Line 32activities prohibited in the property's zone district;
Page 6, Line 33(F) Whether multiple violations exist on the property;
Page 6, Line 34(G) Prior violations by the violator on the property; and
Page 6, Line 35(H) Any other relevant factors determined by the
Page 6, Line 36court.".
Page 6, Line 37Page 36, line 6, before "county" insert "clerk and recorder or".
Page 7, Line 1Page 38, lines 10 and 11, strike "or district attorney, as
Page 7, Line 2applicable,".
Page 7, Line 3Strike "(2)(d)(III)" and substitute "(2)(d)(IV)" on: Page 11, lines 23 and
Page 7, Line 424; and Page 12, line 4.