ColoradoHB26-12392026 Regular SessionHouseWALLET

County Enforcement Authority

Sponsored By: Chris Richardson (Republican), Kyle Mullica (Democratic), Lori Goldstein (Democratic)

Signed by Governor

Local Government

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 0 benefits, 3 costs, 4 mixed.

County ordinance fines have new limits

Nontraffic violations of covered county ordinances carry fines of up to $1,000 for each separate violation. Home-rule counties can replace their former $300 ceiling with fines up to the applicable state-law maximum. Counties are not required to raise fines, and jail time remains limited to 90 days for one offense. Traffic fines follow existing county or state rules; officers can use a set-fine assessment process only when the ordinance allows it. Counties can adopt higher assessments for repeat traffic offenses, and county traffic fines and authorized surcharges go to the county.

County cleanup bills become property liens

When a county performs court-ordered cleanup, actual costs plus 10% for inspection and related work become a property lien. The lien must be recorded and ranks ahead of other liens except general taxes and prior special assessments. Owners must pay within the reasonable period set by the county ordinance or resolution. Unpaid charges can be sent to the county treasurer for collection like taxes, with an additional 10% collection penalty. State tax-collection procedures apply.

Zoning fines reach $3,000 per violation

County zoning violations are civil infractions with fines of up to $3,000 per separate violation under the county’s schedule. Each day unlawful construction, alteration, or use continues counts as another offense. Counties can use graduated fines and increased penalties for repeat offenses, within that ceiling. State agencies are excluded from the definition of “person” under this rule.

Building fines require notice to owners

Area building-code violations are civil infractions with fines of up to $1,000 per separate violation. Each day a violation continues counts separately until it is fixed. Before a fine, an authorized inspector must give written notice allowing 10 days to correct the violation. The case requires competent evidence from a reasonable investigation by an inspector with personal knowledge. Qualifying building use can continue when it complied with the code in effect when the building was built or changed. The law also repeals Colorado statutes 30-28-124.5 and 30-28-210; the supplied text does not explain their separate practical effects.

Counties can require property cleanup

Counties can require removal of rubbish, weeds, brush, and buildings that meet the law’s hazard conditions. After notice and failure to act, counties can do the work and place costs on the property as a lien. Rubbish removal adds 10% for inspection and related costs; hazardous-building inspection and related costs are capped at 10% of the total due. Rubbish and weed rules exclude land currently used for agriculture; adjacent public rights of way are covered only when the condition comes from the property or its owner or occupant. Weed removal can be required during foreclosure, while the building rules exclude specified lands covered by state mining-reclamation laws. Court-issued entry and seizure warrants require a sworn statement and must be carried out within 30 days.

Property owners face faster court enforcement

County attorneys can seek court orders stopping covered violations, requiring owners to fix or remove them, or authorizing county cleanup. Counties can also seek to stop a proposed land use that breaks zoning rules. Courts must schedule preliminary hearings within 30 days after a verified complaint is filed. Owners generally must receive the summons and complaint at least 10 days before the hearing; posting and certified mail are allowed after reasonable efforts at personal service fail. Failure to appear after proper service can lead to an order granting relief, but a default can be set aside for good cause. County attorneys choose whether to use these tools or other legal remedies; boards can appoint district attorneys when appropriate or when no county attorney exists. The law’s start is 12:01 a.m. the day after the 90-day period following final adjournment; a May 13, 2026, adjournment sets an August 12, 2026, start. A valid referendum petition delays challenged provisions until voter approval at the November 2026 election and the governor’s official declaration.

Property violations bring daily civil penalties

Covered county ordinance, zoning, building-code, and Article 4 and 5.5 violations carry civil penalties of $100 to $2,650. Each day counts separately until the violation is fixed; covered ordinance penalties require written notice and failure to correct the problem. For zoning, building-code, and covered Article 4 and 5.5 violations, usual maximums are $500 for a first violation, $1,000 for a second, and $2,650 for later violations. Courts can raise those usual maximums for aggravating factors, within the $2,650 limit, and must explain their penalty decisions. Article 4 excludes sections 35-4-107 and 35-4-110.5; Article 5.5 also covers related rules and county regulations. State agencies are excluded from covered definitions of “person.” The building-code rule protects use that complied with the code when the building was built or changed. Recorded unpaid penalties become property liens and can be collected like taxes after 30 days, with a 10% collection penalty.

Sponsors & Cosponsors

Cosponsors

Amy Paschal
Democratic • House
Eliza Hamrick
Democratic • House
Jennifer Bacon
Democratic • House
Julie McCluskie
Democratic • House
Jacque Phillips
Democratic • House
Kenny Nguyen
Democratic • House
Katie Stewart
Democratic • House
Naquetta Ricks
Democratic • House
Dylan Roberts
Democratic • Senate
James Coleman
Democratic • Senate
Janice Marchman
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 212 • No: 28

House vote • 4/21/2026

Senate amendments: Repass

Yes: 54 • No: 10

House vote • 4/21/2026

Senate amendments: Concur

Yes: 62 • No: 2

Senate vote • 4/8/2026

Third reading: Bill

Yes: 29 • No: 3

Senate vote • 4/2/2026

Refer House Bill 26-1239, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.

Yes: 5 • No: 0

House vote • 3/13/2026

Third reading: Bill

Yes: 53 • No: 10

House vote • 3/10/2026

Refer House Bill 26-1239, as amended, to the Committee of the Whole.

Yes: 9 • No: 3

Actions Timeline

Governor Signed
5/29/2026House
Signed by the Speaker of the House
5/20/2026House
Signed by the President of the Senate
5/20/2026Senate
Sent to the Governor
5/20/2026House
House Considered Senate Amendments - Result was to Concur - Repass
4/21/2026House
House Considered Senate Amendments - Result was to Laid Over Daily
4/9/2026House
Senate Third Reading Passed - No Amendments
4/8/2026Senate
Senate Second Reading Passed with Amendments - Committee
4/7/2026Senate
Senate Committee on Local Government & Housing Refer Amended - Consent Calendar to Senate Committee of the Whole
4/2/2026Senate
Introduced In Senate - Assigned to Local Government & Housing
3/18/2026Senate
House Third Reading Passed - No Amendments
3/13/2026House
House Second Reading Special Order - Passed with Amendments - Committee, Floor
3/12/2026House
House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole
3/10/2026House
Introduced In House - Assigned to Transportation, Housing & Local Government
2/18/2026House

Bill Text

Engrossed
PDF
Final Act
PDF
House Transportation, Housing & Local Government Preamend
PDF
Introduced
PDF
Reengrossed
PDF
Rerevised
PDF
Revised
PDF
Senate Local Government & Housing Preamend
PDF
Signed Act
PDF

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