HomeMy WebLinkAbout20111131 RESOLUTION
RE: ACTION OF THE BOARD CONCERNING AUTHORIZATION FOR THE WELD COUNTY
ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST LOGAN AND TAMMY
GREENING FOR VIOLATION OF THE WELD COUNTY CODE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Logan and Tammy Greening, are allegedly in violation of the Weld County
Code, and
WHEREAS, despite efforts by the Department of Public Health and Environment staff to
resolve said matter, the violation has not been corrected, and
WHEREAS, on the 10th day of May, 2011, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Logan and Tammy Greening were not present or represented at said hearing,
although all parties were notified of said hearing by the Department of Public Health and
Environment staff, and
WHEREAS,the Board of County Commissioners deems it advisable to refer said violation to
the Weld County Attorney's Office for immediate legal action, as well as seek reimbursement for
$337.50, which constitutes the site visits conducted by the Department of Environmental Health,
authorize the Department the authority to secure the property if needed, as stated by Mr. Swain,
authorize recovery of any such costs related to securing the property,that a Preliminary Assessment
be completed by the property owner and submitted to the Department of Environmental Health for
review; being, that if the said assessment is not provided to the Department of Environmental
Health,the Department be authorized to obtain the Preliminary Assessment, and the cost along with
all other costs incurred by the County be reimbursed and recovered from the property owner.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal
action against Logan and Tammy Greening and any other persons occupying the properties, any
persons claiming an interest in the properties, and any person acting in active concert with the
identified parties, as well as seek reimbursement for $337.50, which constitutes the site visits
conducted by the Department of Environmental Health, authorize the Department the authority to
secure the property if needed, as stated by Mr. Swain, authorize recovery of any such costs related
to securing the property, that a Preliminary Assessment be completed by the property owner and
submitted to the Department of Environmental Health for review; being,that if the said assessment
is not provided to the Department of Environmental Health, the Department be authorized to obtain
the Preliminary Assessment, and the costs along with all other cost incurred by the County be
reimbursed and recovered from the property owner.
ll \AU c\ 2011-1131
, t1 HL0038
VIOLATIONS - GREENING
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of May, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Ell.,>"1
ATTEST: �1 ..;,• t' XCUSED
W. ✓ =arbara Kirkmeyer, Chair
Weld County Clerk to the ' (� ��•`
n 4eht _ \
ILt' A� ! , - can P., way, Pro-Ter _ • `—
BY. •
Deputy Clerk to the Boar �� (/t
William F rcia
APP AS R : EXCUSED
David E. Long
my At orney b.) _ 1 i s xt ✓`
Dougla�Rademacher
Date of signature:
2011-1131
HL0038
Esther Gesick
From: Troy Swain
Sent: Tuesday, April 05, 2011 2:37 PM
To: Esther Gesick
Cc: Trevor Jiricek; Mark Wallace; Stephanie Arries; Bruce Barker
Subject: Information for Violation Hearing May 10, 2011 for Meth Lab at 270 Bonanza Dr. Erie
Attachments: Notice of Hearing Meth Lab 270 Bonanza Dr Erie 20110510.pdf; 270 Bonanza Drive 1st
Notification Letter RESEND to 2718 Marble Lane.pdf; METH 270 Bonanza Drive Erie 2nd
Notification .pdf; Recorded CERTIFICATE OF NON-COMPLIANCE 270 BONANZA DR
ERIE.pdf
Information for Violation Hearing May 10, 2011 for Meth Lab at 270 Bonanza Dr. Erie
Troy E.Swain
Environmental Health Specialist
Weld County Dept.of Public Health & Environment
1555 N. 17th Avenue
Greeley, CO 80631
(970) 304-6415, ext. 2219
(970) 673-2218 (cell)
(970) 304-6411 (fax)
It4i 1Ol
Wf CO-
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1
2011-1131
Memorandum
1861 - 2011
TO: Meth Lab Files
FROM: Troy E. Swain,Waste Program
W E L O U N T 1 Coordinator,EH Division, Department of
Public Health and Environment
DATE: May 5, 2011
SUBJECT: Hearing regarding Meth Lab at 270
Bonanza Drive,Erie
Troy Swain of this Department talked to Mrs. Tammy Greening via telephone on May 5, 2011 at
10:45 AM. She said that Mr. Logan Greening would be unable to attend the hearing due to a
business trip and they have no problem paying the amount presented in the Hearing Notice. Mrs.
Greening was asked to e-mail the Department any comments and informed that the Department
would enter any comments provided into the hearing record.
Memorandum
WIlDKis TO: Meth Files
O FROM: Troy Swain '�4-�-
• DATE: April 12, 2011
COLORADO
SUBJECT: 270 Bonanza Dr.,Erie, CO
Troy Swain of this Department talked to Mrs. Tammy Greening via telephone. She said that she
received the Department's e-mail message with the attached notice of hearing for May 10, 2011.
She said they didn't have the money to clean-up the home right now and were behind on the
mortgage because they are unable to rent it out. They may be able to work out a deal with a
resident's father to do a Preliminary Assessment in exchange for allowing cars he owns in the
garage and driveway to be removed and cleaned. She said she would keep me updated.
Memorandum
1861 - 201 I
TO: Barbara Kirltmeyer,Chair
Board of County Commissioners
W E L`►�' 0 N T 1 FROM: Troy E.Swain,Waste Program 1
Coordinator,ces- e Eartment H alth
Health
-Department of Public Health
and Environment
DATE: April 5,2011
SUBJECT: Meth Lab 270 Bonanza Drive,Erie,CO
Chronology of Notification and Department actions for 270 Bonanza Drive.Erie.Colorado
Sept. 3,2010: Boulder County Drug Task Force conducts a search and seizure at property.
Weld County Department of Public Health&Environment(Department)
receives notice from the Boulder County Drug Task Force that as a result of the
search of the property,a clandestine drug laboratory was seized,and/or
hazardous chemicals typically used in the manufacture of methamphetamine
were found.
Property was placarded as hazardous and closed to entry by the Department
(documented in Dept. files with photo).
Sept.7,2010: The Department sent 1"Notification to property owner Logan E.Greening at 270
Bonanza Dr.,Erie,CO(via Certified Mail&U.S.Mail),which requires
Preliminary Assessment or demolition of the property within 30 days. Same
notification posted on front door of 270 Bonanza Drive(photo documentation in
Dept. file).
Sept. 13& 15,2010: 1"Notification sent to 270 Bonanza Drive addressed to property owner returned
(Certified Mail&U.S.Mail).
Sept. 14,2010: The Department sent 1°'Notification to property owner, Logan E.Greening(via
Certified Mail&U.S.Mail)at 2718 Marble Ln.,Superior,CO,which requires
Preliminary Assessment or demolition of the property within 30 days. Certified
Letter 1°Notification sent to 2718 Marble Ln., Superior,CO addressed to
property owner returned unclaimed.
Sept. 14,2010: At being contacted previously via telephone by Mr.Tammy Greeneng who
said they were looking into making an insurance claim to cover the costs of
clean-up,the Department sent e-mail to Mrs.Tammy Greening with meth lab
clean-up information a copy of the Department's September 14,2010 letter. E-
mail requested information to be forwarded to property owner and requested to
respond as required by October 15,2010.
Page 1 of 2
Sept. 16,2010: Troy Swain of this Department talked to Mrs.Tanury Greening via
telephone. She said that she received the Department's September 14,
2010 e-mail message with the attached list of contractors. Contractors
who perform Preliminary Assessments(PA)were identified for Mrs.
Greening. Also let her know that there are other sources for finding
qualified contractors,such as the telephone book. Mrs. Greening was
asked to contact the Department when a contractor had been selected and
to submit the PA within 30 days.
Oct. 12,2010: Certified Letter 1"Notification sent to 2718 Marble Ln.,Superior,CO addressed
to property owner returned unclaimed. Copy sent via U.S.Mail not returned.
Oct. 21, 2010: 2n°Notification sent to 2718 Marble Ln., Superior,CO addressed to property
owner including notice that Certificate of Non-compliance would be recorded if
actions to comply were not taken by November 2,2010. Certified Letter later
returned unclaimed. Copy sent via U.S. Mail not returned.
Oct. 22,2010: Copy of 2n°notification posted on front door of 270 Bonanza Drive(photo
documentation in Dept. file).
Nov. 5, 2010: Department sent e-mail to Mrs.Tammy Greening with a copy of the
Department's 2n°Notification and notice that a Certificate of Non-Compliance
had been filed with the Weld County Clerk&Recorder.
Nov. 5,2010: Certificate of Non-Compliance filed with the Weld County Clerk&Recorder.
Nov. 19,2010: Property unsecure notified Erie Police&Building Dept. Department posted
copy of Certificate of Non-Compliance on front door of 270 Bonanza Drive
(photo documentation in Dept. file). Mr. Logan Greening was asked to
secure the property by the Erie Police Dept.
Dec. 3,2010 Department found the back sliding glass doors of 270 Bonanza Drive,
Erie, CO unsecure while conducting a folow-up check on the property on
December 3, 2010.
Dec. 6, 2010: Mr. Logan Greening was contacted via telephone by Troy Swain of this
Department on December 6, 2010 4:00 PM and asked to secure the
property to prevent entry and he agreed to do so. Mr. Greening was asked
to follow-up with the Department via telephone to let the Department
know when the back doors were secure. Mr. Greening was informed that
a hearing would be held if failed to start the clean-up process.
Dec. 28,2010: Property secure with sheets of OSB. Note: Back 2"d floor only secure with one
sheet of OSB across bottom of sliding glass doors may need to be better secured
later.
Jan. 28,2011: Property secure.
April 5, 2010: Notice of Hearing sent Certified Mail, U.S. Mail and posted on 270
Bonanza Dr. Erie, CO(photo documentation in Dept. file).
Page 2 of 2
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1 8 6 1 - 2 0 1 1 1555 N. 17t Avenue
Greeley, CO 80631
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Web:http://www.co.weld.co.usidepartments/heatthenvironment/
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n Public Health&Clinical Environtal Health Communication, Emergency Preparedness
rb Vital Reea Semler gentian Education6 Planning &Responds
W E L I' ' O N T Y Tele:970.306.9,10 Tae:970.304.6420 Tele:970.304.6415 Tele:970.304.6470 Tele:970.304.6420
Fax 970.304.6412 Fat 970.304.6416 Fat 970.304.8411 Fax 970.304.5452 Fat 970.304.6469
Oa Nairn:Together with IS communities we serve,we n waking b male Weld County the hestldest place to are.Hem.epic and play.
April 5, 2011
Mr. Logan E. Greening Certified Letter No.: 7009 2250 0000 0100 8149
2718 Marble Lane
Superior,CO 80027-6050
Notification of Hearing
Failure to Comply with the Rules and Regulations for Methamphetamine Laboratory Cleanup, Chapter 14,Article
VIH of the Weld County Code
As of this date,April 5, 2011, the Weld County Department of Public Health and Environment(Department)has
determined that Mr. Logan E. Greening,the owner of record for 270 Bonanza Drive, Erie, Colorado has not complied
with notices and orders to decontaminate or demolish the property in accordance with Chapter 14,Article VIII of the •
Weld County Code. The Department has sent you at least two such notifications and has recorded a Certificate of Non-
compliance with the Weld County Clerk and Recorder.
This letter is to inform you that you are scheduled to appear before a public meeting of the Weld County Board of
Commissioners on Tuesday,May 106,2011 at 10 AM. The hearing will take place in the Id Floor Hearing Room of the
Weld County Centennial Center, located at 915 101h Street,Greeley,Colorado. The Board will be requested to authorize
legal action to enforce Chapter 14,Article VIII of the Weld County Code unless and until you comply with previous
notifications and orders of the Department and submit a Preliminary Assessment. The Board will also be requested to
authorize the County Attorney to seek a judgment for the amount of$337.50 for staff time spent.
If you need assistance in understanding what is required to comply with this Notification of Hearing or if there is
additional information you feel we need to be aware of, please contact Troy Swain at(970)304-6415, extension 2219.
Sincerely,
€7--)11 XI, I
Troy E. Swain Trevor J.
Waste Program Coordinator Director
Environmental Health Services Department of Planning& Environmental Health Services
cc: Bruce Barker,Weld County Attorney
Mark Wallace,Weld County Health Officer
Bryon Horgen,Town of Erie Chief Building Official(PO Box 750,Erie,CO 80516)
Boulder County Drug Task Force(PO Box 20386 Boulder,CO 80308)
Mr.Logan E.Greening, 2718 Marble Lane,Superior,CO 80027(via U.S. Mail)
Meth Lab Time and Fee Form Ly I31 Zo l o y/5-i zo t
A flat fee of $200.00 for the processing of a methamphetamine clean-up permit will
cover the first 5 hours of staff time. After that, $45.00 per hour will be charged.
The 5 hours includes the time spent for the Preliminary Assessment, as that fee will be
credited to the property owner towards the clean-up permit.
In addition, WCDPHE shall charge for the direct costs of verification samples, their
analysis, shipping fees, and staff time to process those samples.
Meth lab 2 70 p
Address
Activity # Hours
AC
Initial response, paper work, including travel time Tim I.sL. Li, O
Consultation 4/'-"/4/,- /
/ask IL/6ilo
I" no
Review of Preliminary Assessment
Review of Work Plan
Site Visits (include travel time) '-1 /7)Zclo ) )o/z / I l'i(zolo 3, 5
z/31zolo I2.(ze ) i/zsg9/c/zvii. C7@o.s Ana.ea) (TT /.sue-)
Review of Clean-up report, site visit, sampling
Fees: — 7. 5-
Preliminary Assessment $75.00 337.
Permit Fee $200.00
$45.00/hour x hours $
Sample Fees "' per sample x samples $
Fed Ex Shipping X "' $
Total Amount Due $
Total Amount Paid $
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DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT cp
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Web:httpl/www.co.weld.co.us/departments/healthenvironmenti
' Health Administration Public Health&Clinical Envbommmtal Health Communication,a Planning Emergency P,.pn&aaa
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COLORADO
September 14,2010
Mr. Logan E.Greening Certified Letter No.: 7009 2250 0000 0100 6831
2718 Marble Lane
Superior,CO80027-6050
RE: Property at 270 Bonanza Drive,Erie,Colorado.
Dear Mr.Greening:
On September 3,2010,the Weld County Department of Public Health and Environment received notification from the Boulder
County Drug Task Force,that on September 3,2010,as a result of the search of the building at 270 Bonanza Drive,Erie,
Colorado(Parcel Number 146719103014),a clandestine drug laboratory was seized,and/or hazardous chemicals typically used
in the manufacture of methamphetamine were found at said property.
This letter is to advise you,as legal owner of the property at 270 Bonanza Drive,Erie,Colorado,that hazardous substances or
waste products may exist at or on your property. According to Chapter 14 Article VIII of the Weld County Code,the property
owner is responsible for the cleanup and removal of all hazardous substances and waste at or on your property except that State
Board of Health Regulation 6 CCR 1014-3,Regulations Pertaining to the Cleanup of Methamphetamine Laboratories,Section
1.0,allows the property owner to demolish the contaminated property as an option to cleanup. The property has been deemed
contaminated and placarded as a dangerous building and will remain in such status until it has been properly cleaned and
sample testing can demonstrate the property is safe to occupy.The closure placard contains specific information and restrictions
regarding this property,and will be enforced using whatever means necessary.
Please be advised,this same letter was posted on the front door of 270 Bonanza Drive,Erie on September 7,2010,you have 30
days from that date(October 8,2010),to provide this Department with a Preliminary Assessment in accordance with Section
I 4-8-50.C of the Weld County Code. According to 6 CCR 1014-3,Section 4.0,a preliminary assessment must be performed to
provide a basis for property decontamination. .
Attached is a list of contractors that may assist you in conducting the Preliminary Assessment and/or cleaning up the property.
If you have any questions, please feel free to contact me at(970)304-6415,ext.2219.
Sincerely,
_ 7 u
Troy E. Swain
Environmental Health Specialist
Environmental Health Services - -
cc: Bryon Horgen,Town of Erie Chief Building Official(via e-mail)
Detective Haddox,Boulder County Drug Task Force(via e-mail)
Stephanie Arries, Assistant Weld County Attorney(via e-mail)
Mark Wallace,Weld County Health Officer(via e-mail)
Mr. Logan E.Greening,2718 Marble Lane,Superior,CO 80027-6050(via U.S. Mail)
Kit Q _ _ DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT g�
1555 N. 17`" Avenue T
Greeley, CO 80631
public Health
Web:http://www.co.weld.co.us/departments/healthenvironment/
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Health Adminisintion PUCIIc Heaae&Clinlul EnvlfOerMntai Health C9mmwnkellon, Emergency Preparedness 3C. Our
Vital
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6make Wee County
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October 21.2010 •
Mr. Logan E. Greening Certified Letter No.: 7009 2250 0000 0100 7326
2718 Marble Lane
Superior,CO 80027-6050
RE: Property at 270 Bonanza Drive. Erie,Colorado.
Dear Mr.Greening:
The Weld County Department of Public Health and Environment received notification from the Boulder County Drug Task
Force,that on September 3. 2010,as a result of the search of 270 Bonanza Drive.Erie,Colorado(Parcel Number
146719103014), a clandestine drug laboratory was seized,and/or hazardous chemicals typically used in the manufacture of
methamphetamine were found at said property. This letter is to advise you.as legal owner of the property at 270 Bonanza
Drive.Erie.Colorado. that hazardous substances or waste products may exist at or on your property. According to Chapter 14
Article VIII of the Weld County Code,the property owner is responsible for the cleanup. The property has been deemed
contaminated and placarded as a dangerous building and will remain in such status until it has been properly cleaned and
sample testing can demonstrate the property is safe to occupy.
The first notification letters were mailed to you on September 7 & 14. 2010. The property was posted September 7. 2010 with a
copy of the letter sent September 7.2010. These letters gave you 30 days to submit a preliminary Assessment in accordance
with Section 14-8-50 C. of the Weld County Code. Mrs.Tammy Greening acknowledged notification via telephone and was
provided a copy of the September 14, 2010 letter requesting a Preliminary Assessment by October 14. 2010 and information
regarding the regulations and cleanup process via e-mail.
Please be advised that you have until November 2.2010 to provide this Department with a Preliminary Assessment. Failure to
provide this assessment will result in a Certificate of Non-compliance being recorded with the Weld County Clerk and
Recorder,which will encumber the deed to this property. until such time that evidence of compliance is accomplished. as
determined by this Department.
If you have any questions. please feel free to contact me at(970)304-6415.ext. 2219.
Sincerely,
j E - z
Troy E.Swain
Environmental Health Specialist
Environmental Health Services
cc: Bryon Horgen.Town of Erie Chief Building Official (PO Box 750,Erie.CO 80516)
Boulder County Drug Task Force(PO Box 20386 Boulder,CO 80308)
Bruce Barker,Weld County Attorney
Mark Wallace,Weld County Health Officer
Mr.Logan E. Greening,2718 Marble Lane.Superior.CO 80027(via U.S. Mail) '
•
352
Certificate of Non-Compliance
Filed by: Weld County Department of Public Health & Environment
1555 North 17th Avenue
Greeley, Colorado 80631
For Additional Information Contact:
Troy E. Swain
Phone: 970-304-6415, 2219
Email: tswain@co.weld.co.us
NOTICE IS GIVEN pursuant to Section 14-8-70.E. of the Weld County Code that
the structure listed below with the following identifying information has been identified
as containing an illegal drug laboratory used to manufacture methamphetamine with
Weld County,Colorado: •
Owner: Logan E. Greening
Located at: Erie Grandview Block 3, Lot 14, Parcel #146719103014
Also known as: 270 Bonanza Drive, Erie, Colorado
The property owner has been previously notified by certified mail by the Weld
County Department of Public Health &Environment that the property is unfit for use and
that mitigation is required in accordance with Weld County's Rules and Regulations for
Methamphetamine Laboratory Cleanup (Chapter 14, Article VIII of the Weld County
Code).
The object of this notification is to advise interested parties that contamination
may exist from the operation of an illegal drug laboratory,the contamination may pose a
health hazard, and that the contamination must be mitigated prior to occupancy of the
structure.
DATED this Friday, November 05, 2010
WELD COUNTY DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT
DR. MARK E. WALLACE
WELD COUNTY HEALTH OFFICER
BY: (� -
Troy E. Swain
ec: Joyce Miller, Renee Fielder, Treasures Office
ec: Brenda Dones. Assessors Office
31111 Ng 1111 MilliMME I I 1111111111 I I I I
3730352 11105/2010 11:25A Weld County, CO
1 of 1 R 0.00 D 0.00 Steve Moreno Clerk&Recorder
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