La Plata County, CO Property Maintenance: Property Blight (2026)
Key Facts
- Enforcer
- Building official, with the County Attorney for prosecution
- Notice content
- Unsafe condition, required repairs, or demolition within a stated time
- Service methods
- Personal delivery, certified or registered mail, or posting
- Owner duty
- Restore the structure to a safe condition immediately
- Fine on conviction
- Not more than $100, each day a separate offense
- Code section
- La Plata County Code § 18-35(116)
Summary
In unincorporated La Plata County, Colorado, the building official serves a written notice on the owner of any structure found unsafe, naming the repairs required or demolition within a stated time. Under § 18-35(116), the owner must immediately restore the structure to a safe condition, and rejection of the order opens the way to legal remedies.
116.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent, or person in control of the structure, equipment or system, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated specified time. ... If the notified person rejects the terms of the order, the building official may resort to any legal remedy available to obtain the person’s compliance. ... Section 116. ... 5 Restoration or abatement. The owner, owner’s agent, or person in control of the structure, equipment or system determined to be unsafe by the building official shall immediately restore the structure, equipment, or system to a safe condition, as determined by the building official in the exercise of his or her discretion.
Full Breakdown
Section 116 of the county's building code amendments (Section 18-35) governs unsafe structures and equipment. The building official records each report of unsafe conditions in the Building Department files, describing the occupancy of the structure and the nature of the unsafe condition (116.2). Agricultural buildings whose sole purpose is sheltering agricultural implements, farm products, livestock, or poultry, with no human occupancy, fall under an exception that presumes they present no danger to human life or public welfare.
When an unsafe condition is found, Section 116.3 requires a written notice to the owner, agent, or person in control describing the condition and either specifying the repairs or improvements needed to abate it or requiring demolition within a stipulated time. The recipient must declare immediately whether the terms are accepted or rejected, and a rejection lets the building official resort to any legal remedy to obtain compliance.
Section 116.4 defines service: personal delivery to the owner; certified or registered mail, return receipt requested, to the owner's address on the County Assessor's property tax rolls; or posting in a conspicuous place on the structure or premises. If the mailed letter comes back undelivered, posting counts as proper service, and service on the owner's agent or the person responsible for the structure counts as service on the owner.
Section 116.5 requires immediate restoration to a safe condition as the building official determines. Repairs, alterations, additions, or a change of occupancy made during restoration must comply with Section 111.1 and Chapter 34 of the La Plata County Code. If a notice of violation is not complied with promptly, Section 114.3 authorizes the building official to ask the County Attorney to start proceedings to restrain, correct, or abate the violation. Section 114.5 bars an owner holding a notice of violation from selling, transferring, mortgaging, or leasing the structure until the notice is complied with or the recipient first receives a true copy of it.
Violations & Fines
Ignoring the notice exposes the owner to prosecution through the County Attorney under Section 114.3 and to a fine of not more than $100 under Section 114.4, with each day of the violation a separate offense. The County Attorney can also seek an injunction, mandamus, or abatement to remove unlawful construction or use. Under Section 115.4, work that continues after a stop work order that is not resolved in the stated time goes to the County's code enforcement office for a notice of violation, a lawsuit, and fines and fees.
Frequently Asked Questions
Who decides a structure is unsafe in unincorporated La Plata County?
How is the unsafe structure notice delivered?
Can I sell a building that has a notice of violation?
Do barns and sheds fall under the unsafe structure section?
Sources & Official References
Other rules in La Plata County
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