Code Enforcement

When a complaint is received, a Code Enforcement Officer conducts an inspection of the property from either the public right of way or from an adjoining property with the permission of that property owner. If the Code Enforcement Officer is able to confirm the violation, a Notice of Violation is mailed to the property owner and/or current occupant of the property. The Notice of Violation provides a description of the violation, the Ordinance and/or Code reference, the issuing Code Enforcement Officer and his/her contact information. The property owner has at least fourteen (14) days to correct the violation OR to contact the Code Enforcement Officer to discuss additional time to correct the violation.

If the violation is not corrected after the fourteen (14) days listed on the Notice of Violation or within the approved extension of time, an Executive Determination is issued. The Executive Determination provides ten (10) days from the date of the letter for the property owner to request an appeal before the Board of County Commissioners. If a request for an appeal is not received within the ten (10) day timeframe, the Executive Determination is final and the Office of the County Attorney is authorized to proceed with legal action. If a request for an appeal is received, a public appeal hearing is scheduled before the Board of County Commissioners who will make the decision to overturn or affirm the Executive Determination.

Code Enforcement does not issue citations or assess fines. If voluntary compliance cannot be reached, cases are referred to the Office of the County Attorney to file a civil lawsuit against the property owner(s) in District or County Court or application for an administrative entry and seizure warrant is submitted to the Court requesting a warrant for Code Enforcement to enter a property and abate the violations.

Common violations include:

Inoperable vehicles– Code Enforcement must be able to visually confirm a vehicle is inoperable. Expired tags and/or the vehicle has not moved in an extended period of time does not constitute a violation.

Occupied vehicles– the occupancy of vehicles, including recreational vehicles, on private property is not allowed. A recreational vehicle may only be occupied during the construction of the permanent dwelling with an active building permit and a temporary use permit.

Overgrown properties– weeds in excess of nine (9) inches in height on residential properties less than 2 1/2 acres in size is a violation.

Trash/rubbish– outdoor accumulation of rubbish such as used tires, appliances, furniture, trash, etc.is prohibited.

Prohibited uses- most often businesses operating in a zoning district that does not allow for it.

Setbacks requirements– structures built in the setback areas.

Animal keeping– keeping of more than four (4) dogs and/or cats (excluding cats kept entirely within a dwelling unit).

Please visit our Short Term Rentals page for information on this topic.

No more than four (4) dogs or cats, in any combination, over four (4) months of age is allowed with the following exceptions:

• In addition to the four (4) dogs and/or cats allowed, no more than two (2) other domesticated animals such as miniature goats, miniature ponies, miniature pigs, and other similar animals, may be kept in a residential zoning district allowing less than 2.5 acres. The two (2) other domesticated animals may not exceed 100 pounds and not be exotic, wild, or ordinarily considered dangerous animals.
• The following domesticated animals shall not be included in the maximum allowance provided they are kept entirely within the dwelling unit: cats, fish, small reptiles and amphibians, small rodents, or small birds.

The keeping of 5-8 dogs and/or cats, over the age of four (4) months, is considered a minor kennel. The keeping of nine (9) or more dogs and/cats is considered a major kennel. Zoning approval is needed for minor and major kennels. Please contact the Planner of the Day to discuss applying for a minor or major kennel.