HomeMy WebLinkAbout20190771.tiffCOLORADO
Department of Transportation
Division of Project Support
Project Development Branch
2829 West Howard Place, 3rd Floor
Denver, Colorado 80204
February 14, 2019
Weld County
1150 O St
Greeley, Colorado 80631-9596
Via Certified Mail No: 7017 0190 0001 1596 6285
OA Matter Tracking ID: REF -300318-162995
RECEIVED
FEB 19 2019
WELD COUNTY
COMMISSIONERS
RE: NOTICE OF NONCOMPLIANCE WITH STATE AND FEDERAL OUTDOOR
ADVERTISING LAWS AND RULES - ADVERTISING WITHOUT A PERMIT
VIOLATION
To Weld County:
Colorado law provides for the control of advertising devices adjacent to the state highway
system in order to protect and promote safety, preserve natural beauty, and maintain its
full share of federal highway funding. See § 43-1-402, Colorado Revised Statutes ("C.R.S.").
Colorado laws and rules that affect outdoor advertising in Colorado include §§ 43-1-401, et
seq. (the "Act") and the Rules Governing Outdoor Advertising in Colorado, 2 CCR 601-3, et
seq. (the "Colorado Rules"). The Colorado Department of Transportation ("CDOT") is
charged with enforcing these laws and rules.
This letter is a Notice of Noncompliance issued pursuant to § 43-1-412(2)(a), C.R.S. You are
being provided this Notice because you are the owner of record of a property on which an
illegal sign resides. The illegal sign at issue is a brown and pink two post sign lacking
CDOT Permit (the "Sign") located at Route Number: 392, Mile Post: 133. The Sign was seen
advertising Pawnee Sportsman Center on or around March 30th, 2018. A picture of the Sign
is attached as EXHIBIT A. The Sign is subject to CDOT's Outdoor Advertising control
because it is both visible from the main -travelled way and within 660 feet of a "state
highway," as that term is defined in the Colorado Rules.
The Sign is an "advertising device" for purposes of outdoor advertising regulation. See § 43-
1-403(1), C.R.S. As an "advertising device," that advertises off -premise activities, goods or
services, the Sign must qualify for an exception enumerated in § 43-1-404, C.R.S., or it
must have a CDOT Outdoor Advertising permit. See § 43-1-407, C.R.S.; see also § 2.1, 2
CCR 601-3. The Sign does not qualify for any exception which would allow it to exist
without a permit and it does not have a permit. The Sign, therefore, violates the Act and
the Colorado Rules.
Any outdoor advertising device which does not comply with the Act or the Colorado Rules is
illegal pursuant to § 43-1-417(1), C.R.S. Illegal advertising devices are subject to removal
at the landowner's expense pursuant to § 43-1-412(1), C.R.S. Finally, please be advised
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that violation of the Act constitutes a misdemeanor. § 43-1-417(2), C.R.S. Upon conviction,
it is punishable by a fine of not less than one hundred dollars nor more than one thousand
dollars for each offense, and each day of violation constitutes a separate offense.
You have the right to request a hearing pursuant to the State Administrative Procedure
Act concerning the matters stated in this notice. See § 24-4-105, C.R.S. The hearing will be
held in the Office of Administrative Courts and presided over by an Administrative Law
Judge. Unless otherwise agreed to by you, the Department, and the Administrative Law
Judge, hearings are held in the chambers of the Office of Administrative Courts located in
Denver, Colorado. To exercise this right, you must submit a written request for a hearing
within sixty (60) days of receipt of this letter. The written request must be sent by Certified
Mail to:
Colorado Department of Transportation
Project Development Branch
Attn: Anthony Lovato
2829 W. Howard Pl., 3rd Floor
Denver, Colorado 80204
The written request for a hearing should inform the Department of the address to which all
following notices to you are to be sent if different from the above address. If the
Department does not receive a written request for a hearing within the allotted time, the
Department is authorized to render a decision and issue an order without the hearing. §
43-1-412(4), C.R.S. The order may require removal of the Sign at your expense. Further,
please be aware that the request for a hearing may not stay other action the Department
may pursue, such as a request for injunctive relief in Colorado District Court.
Please contact me at 303-512-4496 if you have any questions. I am happy to provide you
with copies of the Act or the Colorado Rules. Lastly, please let me know if you decide to
voluntarily remove the Sign so that I can close this matter for the Department.
Thank You,
Anthony Lovato
Outdoor Advertising Program Manager
CC: Allyson Mattson, Region 4 Outdoor Advertising Inspector
EXHIBIT A
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