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2. By a preponderance of the evidence this Couut has found that a violation of a Gilpin <br />County Zoning Regulation has occurred on Defendants' property and has imposed upon the <br />Defendants a $250.00 fine for each of two sepazate violations. <br />3. Defendants have paid the fine imposed by the Court by check delivered to the County <br />Treasurer on or about the 29th day of July 2003. <br />4. The two zoning violations have not been cured, removed or corrected as o f the date of this <br />Motion, as substantiated by the Affidavit of Tom Gagnon, Gilpin County Community Planning <br />Specialist, attached.and incorporated by reference herein. <br />5. Under §30-28-145.5(4} C.R.S., an additional per diem penalty shall be imposed by the <br />Court upon motion filed by the County, accompanied by proof that the zoning violation has not been <br />cured, removed or corrected. <br />WHEREFORE, the Plaintiff requests that the Court impose a continuingper diem penalty <br />commencing immediately in the amount of $50.00 per day for each ofthe two violations or $100.00 <br />Per day total, and continuing until such time as an Affidavit of the county building official stating <br />that the violation has been cured, removed or conecte as een filed with this Court. <br />DATED this ~ day of , ?003. <br />& FENDEL. P.C. <br />:s J. Petrock, 81 <br />i County Att ey <br />~17`n Street, Suite 1800 <br />ver, Colorado 80202 <br />534-0702 <br />