Colorado § 31-23-308 - Remedies.
Full text of Colorado Colorado Revised Statutes § 31-23-308 — Remedies., with citation guidance and answers to common questions.
§ 31-23-308. Remedies.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this part 3 or of any ordinance or other regulation made under authority conferred by this part 3, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.
Source: L. 75: Entire title R&RE, p. 1157, § 1, effective July 1.
Editor's note: This section is similar to former § 31-23-208 as it existed prior to 1975.
ANNOTATION
Annotator's note. Since § 31-23-308 is similar to former § 31-23-208 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing a prior provision has been included in the annotations to this section.
Injunctive relief appropriate. Where city established that property was being used in violation of a zoning ordinance, and that lessee of property failed to present evidence constituting a defense, injunctive relief was appropriate. City & County of Denver v. Chuck Ruwart Chevrolet, Inc., 32 Colo. App. 191, 508 P.2d 789 (1973).
Uses not in compliance with zoning may be enjoined. City of Englewood v. Kingsley, 178 Colo. 338, 497 P.2d 1004 (1972).
But even when permitted by zoning regulations, uses may be enjoined if they constitute a nuisance. City of Englewood v. Kingsley, 178 Colo. 338, 497 P.2d 1004 (1972).
Frequently Asked Questions About Colorado § 31-23-308
What does Colorado Revised Statutes § 31-23-308 cover?
Section 31-23-308 ("Remedies.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 31-23-308?
A common citation format is "Colorado Revised Statutes § 31-23-308" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 31-23-308 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.