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Home My WebLink About950896.tiff ( SEC 101979 Recorded at ` o'clock M....... `_3 IR)� 1811436 889 Rec. No. State of Colorado, Weld County(/Clerk U Recorder ORDINANCE NO. 56 IN THE MATTER OF THE DELEGATION OF AUTHORITY FOR THE WELD COUNTY BOARD OF HEALTH TO HOLD HEARINGS AND ISSUE ORDERS ON CERTAIN PUB- LIC HEALTH MATTERS IN THE COUNTY OF WELD, STATE OF COLORADO. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, ® COLORADO: WHEREAS , Article II, Section 2-2 of the Weld County Home Rule e! Charter provides that Executive and Administrative powers vested in the Board of County Commissioners may, to the extent provided in the Weld County Home Rule Charter, be exercised by Departments C, of Weld County, and WHEREAS , Article III , Section 3-8(4) (t) of the Weld County L Home Rule Charter provides that the Board of County Commissioners of Weld County may provide for the performance or exercise of permissive functions , services , facilities and powers which are not specifically mentioned or assigned by the Weld County Home Rule Charter by Departments of Weld County, and WHEREAS , Article III, Section 3-8(4) (t) of the Weld County Home Rule Charter provides that the Board of County Commissioners of Weld County may assign any mandatory duty, responsibility or function which is not mentioned in the Weld County Home Rule Charter , and WHEREAS, the Weld County Board of Public Health has special expertise in the area of public health and is especially qualified to hold hearings and issue orders on certain health related matters in Weld County, State of Colorado , and WHEREAS , the Board of County Commissioners of Weld County, Colorado deems it advisable and in the best interests of Weld County to delegate said authority to the Weld County Board of Public Health. NOW, THEREFORE , BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the following enumerated 950896 03� 18114% - 889 y powers and duties are hereby delegated to the Weld County Board of Public Health, to-wit : 1 . Hold hearings regarding any nuisance, source of filth, or cause of sickness , which may be injur- ious to the health of the inhabitants of Weld County, and issue an order requiring removal of same pursuant to CRS 1973 , Sections 25-1-613 ; and 25-1-617 . 2. Administer oaths , subpoena witnesses , and take testimony in all matters relating to the above designated powers and duties pursuant to CRS 1973 , Section 25-1-507 . BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado that no hearing before the Board of Public Health may be held without written notice being served on the owner or occupant of the affected property not less than 48 hours before said hearing. Said notice shall inform the owner or occupant that he may be present , with counsel, and be heard to show cause why an order requiring the removal of the nuisance, source of filth or cause of sickness should not issue. Service of such notice shall be as provided by the Colorado Rules of Civil Procedure, or by registered or certified mail , return receipt requested, deliverable to addressee only. Service by mail shall be complete upon receipt. If one or more persons cannot be found or served after a diligent effort to do so, service may be made by posting a notice in a conspicuous place in or about the property affected by the notice, in which case the Public Health Officer shall include in the record a state- ment as to why the posting was necessary. BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado that for the reasons of an imminent threat to the public health, safety or welfare, such hearings may be held by the Public Health Officer under the same powers and authorities as the Weld County Board of Public Health. Such -2- r 889 1811496 hearings shall be held by the Public Health Officer when the Direc- tor of Environmental Health Services determines that the threat to public health, safety or welfare is so imminent that delay, incident to holding the hearing before the next regularly scheduled meeting of the Weld County Board of Public Health, would further endanger the public, but this provision shall not apply to hearings held pursuant to Section 3 . 16(c) ; 3 . 17 (c) ; and 3 . 22 of the Weld County Individual Sewage Disposal System Regulations . BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado that the owner or occupant of the affected property, may appeal to the Board of County Commissioners of Weld County an order requiring the removal of a nuisance, source of filth or cause of sickness , in accordance with the Weld County Administrative Code -- Board Procedures Section, Item 11 , except that the written complaint must be received by the Clerk to the Board of County Commissioners of Weld County within five (5) days of the receipt of the order. BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado , that the authority of the Weld County Board of Public Health to hold hearings pursuant to the Individual Sewage Disposal Systems Act , CRS 1973 , Sections 25-10-108 and 25-10-110 as delegated in the Weld County Individual Sewage Disposal System Regulations , Sections 3 . 16(c) ; 3 . 17 (c) ; and 3 . 22 , is hereby affirmed. BE IT FURTHER ORDAINED by the Board of County Commissioners of Weld County, Colorado that if any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is , for any reasons , held or decided to be invalid or unconstitutional , such decisions shall not affect the validity of the remaining portions . The Board of County Commissioners of Weld County, Colorado hereby declare that it would have passed this Ordinance and each and every section, subsection, paragraph, sentence, clause and phrase thereof irrespec- tive of the fact that any one or more sections , subsections , para- graphs , sentences , clauses , or phrases might be declared to be unconstitutional or invalid. -3- co° 889 1811436 5/- y The above and foregoing Ordinance No. 56 was , on motion duly made and seconded, adopted by the following vote on the 10th day of December , A.D. , 1979. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO die/4A Norman Carlson, Chairmman Lys n ar . r/ 7 L I C. W. Kirby / o and L. Roe 4.�JLt �//Ysrd-7lc- e K. Stei ark ATTEST : ry ta- 'uj s..,,n.`I" Weld County Clerk and order an&. CJ;e;k to the Baer R. eu ty C -• ount r c yr e u ACM5(017D AS TO FORM: • County Attorney DATE PRESENTED: December 10, 1979 PUBLISHED: December 13, 1979 -4- j Affidavit of Publication • • STATE OF COLORADO 1 ^" 11D ' *. PG' County of Weld, 3 • - . _ J.. .. ' I, 69/ �J�1r �-y'1 that IN may M preaMt, with a-/Z, /- .,C400.eL _... of AaYgM,aMMMnA.la stew same .s. }/ .._ wByaanBn togulingMNmgtM said County of Weld, being dal sworn, say that elfin lldlseasb none of Mein I em blisher of eatmanl a1MMM shad aN Inn. g��." fU� Seren e of all Ile a do shall IsAs -...._, Milos-el ,YA. lGi GC S �LlLZ_.. cosaad-all, ralwi race* M- that the same is a weekly newspaper of general Minted, NNyeralle to edaona only. Saran.by malt ske M circulation and printed and published in the ceatptate ono rant. If flee W town of ,2�G :Z"4.41! Mere persons Oat be teund or served after a diligent effort to do in said county and state; that the notice or adver- so,service may n mane W nag a notice in a conspicuous place inn tisement, of which the annexed is a true ropy, a6eut the properly affected be Me has been published in said weekly newspaper t, In which else-Hw hbiie for / consecutive Health Officer(hall include in the -record a statement as to why the weeks: that the notice was published in the plating was noCeffary. BE IT FURTHER ORDAINED regular and entire issue of every number of said by Me Board of County Coin- newspaper during the period and time of pub'', animism of Weld County, Colo- rado that threat r me reasons el on cation of said notice and in the newspaper Imminelit to the pale proper and not in a supplement thereof; 'hint the health, safety or welfare, Nails hearings may be held by Me Pulafirst publication of said notice was contained in Haa1M .Officer under the ease the issue of said newspaper bearing date the pares and authorities as the Wald �J..- day of p County Board of Public Heaa Ctn7 e e-( A.D., 19 7/ Such hearings shall be held by tMe Palk Health Officer when Net and the last publication their-el, in the issue of Wrenn of Environmental HWM said newspaper bearing date, the 7u8 day al knives determines Mat the HRyat p to public health,safety or welfare is ( ?2yCrLii 19 '7/; that the said so imminent that delay,incident Is y�Chearing before the oat �' ,1-Ye//LI (r,� ,/a/C =Modeled meeting of lie [f Weld Coin ty Board N PYaNc ,3slk L7 . ICCLC i _ Nwlm,would further endanger Ma has been published continuously and uninterrupt public,but this provision shay eat applaat le edly during the period of at least fifty-two con- seddl 3.16(c);33.ings 17(c)piand 3.21 el secutrve weeks next prior to the first issue thereof tie wild County Individual Sewage Disposal containing said notice or advertisement above •{ System Regulations. i FURTHER ORDAINED OR DA.Y{O referred to; and that said newspaper was at the by the Board et County Commis- salmra of Weld County, Calends time of each of the publications of said notice, duly qualified for that purpose within the mean- at n� on ty occupant a ea Me P P property, may Com s- ing of an act, entitled, "An Act Concerning Legal tha Board. of .County CommM- Fars of Weld County an order Notices, Advertisements and Publications, and raking the removal of a me- the Fees of Printers and Publishers thereof, and n,'a, source of 111th or cause of Mean, In accordance with the to Repeal all Acts and Parts of Acts in Conflict Weld County Administrative cede. with the Provisions of this Act," approved April 7, Board Procedures Section,Item 11, except-Mat the written complier1921, and all amendments thereof, and purlieu- mmtbereceived by theClerkpehe. tarty as amended by an act approved, March 30, Beard of County Commissioners N 1923, and at approved May 1 1931. - - weld receiCountpt of the five fSI dove of GI) Hunre IT FURTHER ORDAINED Lafi r. B{ IT Fa of Runry - by The Board of County Caw- mfssloners of weld County, Cola- ra Publi er y,Mat Me authority of Me Wald County Board of Public to ee Subscribed sworn to before me this beta hearings pursuant to nee ../.a. . tod hen svwapu Disposal oe f lean{. Act, CRS 1973, Sacyai Sys- day of t✓ A.D., 19 tit►e and{110.110 as de C m ee Weld County Individual / sewye Disposal System Revels- .,..-442/14,--d lion is hnabY affirmed. My commission expires __!-L.'7_77P.�!g-'._ Notary Public • FINAL READINQ BE IT FURTHER ORDAINED ORDINANCE NO.H by me Bard it Gaiety Cemmil- IN THE MATTER OF THE siM1ere N Way CawHr, retest I DELEGATON OF 'AUTHORITY Marty eny section, smn:ecefs, FOR THIS WELD COUNTY paragrePB, Sentence, clause fr BOARD.OF HEALTH TO HOLD phrase of us,Oreiance is,ter ay HEARINGS AND ISSUE ORDERS Teases', held or decided le M ION CERTAIN PUBLIC HEALTH invalid or wicenstitutional, sea M IN THE COUNTY OF decision shall not TEremaining g pot WELD,STA OF COLORADO. validity of the maininB.arKas. BE IT- ORDAINED BY THE The Board of County mmH Cj . BOARD OF COUNTY COMMIS. hionors of Wald.County, Coloreds SIONERS OF WELD COUNTY, Msoh'declare met It MAIM Mw COLORADO: passed this Ordinance and esti ai WHEREAS:Ankle Ii,Section 2-2 Warr aectim. .Wheedled' Sera of Mf Weld County Home Rule rintherek sentence,clause and phrase and AdCharter ministrative Executivesia le or more sections,tive of the l subsea powers rCommted hens,paragraphs sentences,ciau- in file Board et County Nfsecs maY•seise extent prarlded is- Sec or ph RIM be invalid. re in me Weld County Home Rule be unconsititutifsal or Charter, be exercised by Depart- The above and foregoing Ordi• mists of Weld County,and nance No. 56 was, on motifs duly WHEREAS, Article 111, Section metals seconded;adopted by me 34(4)ft)of the Weld County Home miming vete on the 1Nh day N Rule Charter provides that the December. A.O H7t.Bard of County Commissioners of Weld County may provide for the BOARD OF COUNTY performance or nerds*of pounds. COMMISSIONERS olw function,, Services, facilities WELD COUNTY,COLORADO and pewers yrbith are not specifi- Norman Carlson,Chairmen ally mantissa or assigned by the Lydia. Baader Weld County Haim Role Charter by C.W. .Rae Departments of Weld County,and Leonard L.Rae WHEREAS, Article 111, Section June K.Stearns* 34(41 ft)of the Weld County Home ATTEST: Mary Ann FeueMent Rule Charter provides that the Weld County Clerk and Recorder Bard of County Commissioners of and Clerk to the Board Weld County may assign any By: Janette Ordway mandatory duty, responsibility or Deputy County Clerk function whip is not mentions APPROVED AS TO FORM: in Ills Weld County Home Rule Thomas 0 David Charter,as County Attorney WHEREAS, the WHO Canty Published In the Platteville e seot public lleal*.tmaspects . Herald,La Salk Leader,Thodey,re to areaof public December 13, 1t7t. health and isa hat► e Mary henries slat health related mitten In -_--1-o.sl NailePR Weld aunty,Stale of Colorado,and WHEREAS,Wm Beard of County Commissioners el Weld County, Calera deems it advisable and In Ilse beet Interests of Weld County to delegate said authority to the Weld County Board of lth. NOW, THERFO E 1 BEHaIT RE- SOLVED by the Coramtssteaers l Weard of County Ceara*that the followingCounty, enum- erated delegaaWNhaW Weld County are Board Wiled to the NileCanty Board Public Health, regarding 1•nuisance, eurcelif any sMaag.s,which ma/11th,ni pious to the health of mayboteluo Weld to the t,,M the s a an order ts of requir- ing and Issue an ant to CRSp'em 3, SMiof as 214413 and 141417. S. AdmMister attic, subpoena witasis,and take testimony in all mattes relating te the above designate powers and duties pungent to .CRS. 1f73, Section 254407. BE IT FURTHERORDAINED hT the Beard of County Commis. sissars� of�� CiM'h Colorado ard _ illy the Bear of Mifflin entice being S ore Withouthe Barred.on the pRupp or net,le s ss-th n affected ibetsre acid net S 4d 'sure shall inform the ne Skid notice t owner or occupant Y , .,o i /-C [2t "'" BE IT FURTHER IORDAI ntu by Me Board of my Com- - missioners of Weld County, Colo- ratio that far the reasons of an imminent threat to Me public health,- safety or welfare, 'such hearings may be heldtyllie Public Health Officer'under`the same powers anti autheritiet astute Weld Affidavit of Publication 'Suchtyheerl�ngfstiat at Wok*the Public Health Of fit* 11A an. the Director of Environtnonfel Stealth Services determines that the threat STATE OF COLORADO, 1 ss to public imminent safety derwedent is so imminent that the hearing before welfare to County of Weld, regulaholdinrly scheduled meeting of the Weld County Board of Public Health,would further endanger the I Paul Massey , of public,but This provision shall not -._.... _ - Apply M.hearings held pursuant toSect . f said County of Weld, being duly sworn, say that me 3 Count 3.17 n vi ;al Sewnd age ill.; iia�m ,,ppubis:h?( t the Weld County individual Sewage YlaLteVll�e Herald pBE ITS Regulations. FURTHER ORDAINED Ia.-Salle_.Leader_________...... .______ - by the Board.of County Commis- that the same is a weekly newspaper ofgeneral that the of Weld or County,occupant the that owner or Coloradoof o:'' circulation and printed and published in the affected property, may appeal to the Board of County Commis- town of Platteville __-- sinners of Weld County an order requiring the removal of a nui- in said county and state; that the notice or adver- lance, source of filth or cause of tisement, of which the annexed is a true copy, sickness, in accordance with the has been published in said weekly newspaper Weld County ProAdmcedures Section, e Code-- has Procedures ncomplaintItem 11, exult b MM the written th for __.. 1. -_ consecutive must be received by the Clerk fethe weeks: that .tic notice was published in the Board of County,Commissioners of regular and entire issue of every number of said rCeceipt yf he rive. Days of Weld e of the order. newspaper during the period and time of publi- 'BE IT FURTHER ORDAINED Com- cation of said notice and in the newspaper mi .Weld by the Bard.eers of ef County Canty, Colo- proper and not in a supplement thereon that the rade,that the authority of the Weld County to first publication of said notice was contained in hold h aringsa Health pursuant the issue of said newspaper hearing date thh_ Individual Sewage Disposal Sys- 29 day of November A.O., 1979: terns Act, CRS 1973, Section 35-10.10e and 25-10-110 as delegated iand the lost publication Ihe,cct, in the issue et Sewage the Weld p County Individual Disposal System Regula- said newspaper hearing date, the 29 day ct • bons,Sectionher 3.16(c);3.17(O;and Legal Notices -3.33,is herebyaffirmed. November_. , 19 79 that the said BE IT FURTHER ORDAINED by Platteville Herald SECOND READING ORDINANCE NO.$6 stoners of W the Board W of County Commis- Platteville County, Colorado that If La Salle Leader IN THE MATTER' OF THEany section, - - - DELEGATION OF AUTHORITY paragraph, sentence, clause or subsection,is is,has been published continuously and uninterrupb FOR THE WELD. COUNTY phrase of held or indec f to any BOARD OF HEALTH TO HOLD reasons, held decided to be edly during the period of at least fifty-two con- invalid llnunconstitutional, such secutive weeks next prior to the first issue thereof ON RTA AND C ORDERS lty shall mat affect the ON CERTAIN PUBLIC C HEALTH validity of theCo remaining portions. containingsaid notice or advertisement above MATTERS N THE COORADO.F The Board of County do referred to: and that said newspaper was at the Commis- WELD, STATE ORDAINED CDLORADDOO h a WHd Canty, uld have BE IT COTY BY THE hereby declare that it and ea have time of each of the publications of said notice. BOARD OF COUNTY. COMMIS- passe fistsion, subsection, n. pare- COLORADO: graph,qualified for that purpose within the mean- STONERS OF WELD COUNTY, every section, subsection, pare- COLORADO: graph,sentence,clause and phrase into of an act, entitled, "An Act Concerning Legal WHEREAS,Article II,Seetion 2-2 thereof irrespective of the fact that Notices, Advertisements and Publications, and of the Weld County Home Rule any one or more sections, subset- Charter provides Mat executive Lions,paragraphs,sentences,clau- the Fees of Printers and Publishers thereof, and and Administrative powers vested ses,or phrases might be declared to to Repeal all Acts and Parts of Acts in Conflict in the Board of County Commit- be unconsititutional or invalid. stoners may to the extent provided with the Provisions of this Act," approved April 7, in the Weld.County Home Rule The above and foregoing Ordi- 1921, and all amendments thereof, and partial- Charter, be exercised by Depart-_ nance No. 56 was, on motion duly ments of Weld County,and made and seconded,adopted by the lady as amended by an act approved, March 30, WHEREAS, Article III, Section following vote on the stay of 1923, and ' act approved Asher Ru 111 it)of the Weld County Home A.D., F COUNTY Rule Cit)oft q old C Mal thme BOA D., 1 79. Board of Cntynty yo ro ire fo rs of COMMISSIONERS Weld Rana may Provide el for the WELD CO Churls nOLORADO awe performance , service el aarmis- Norman Carlson,Chairmann side functions,i are of an I.s Lydiadfa W. Kirby bar and powers which are list fpecifI. C. Kirby Subscribed a sworn to before me this ../t9./ - . ly mentioned Sr pee b e Leonard L.Roe Weld County Home Rate ltOt by June K.Steinmark day of ,.u�e._..-..-. . A , 1971 DeWHEREAS, Weldq 1*UtY.and ATTEST: 34(4)ft)at the Weld al; Rillimiw Weld County Clerk. L Rule Charter provide'that the and Recorder �� t �>f� and clerk to the Beard A_4� y"�, Y7 awd Weld C County ay p5slanoro In By: Deputy County Clerk ...�ff"`'++y"`� l t•ct.` 9( Wad- Carty may Ih$eii Sly APPROVED AS TO FORM: / �+ mandatary duty, respgnYbllity Sr County Attorney ill— r7 Y function which is 11079 M_. ..„, DATE PRESENTED: NOVEM- Cdy commission expires t (...._ / -_ xMtt Von Weld CWnty thou.Rile BER 7, 079 Notary Public CTerter,and ' WHEREAS. the Published le •ton -Plafevllle BeaHerald,La Salle Lander,Thursday, exper tae wit. M Nevember 29,.1979. health and IS hold hqarkegt and'. MI • certain MN a .BI Weld Caunyrfe "Wade,tao "Wade,pnd Weld .. WHEREAS,the Board of CauMy Commissioners of Weld County,. abrade deems it advisable and in the'bottlers"of Weld County to delegate said authority lathe'Weld County Board if Public'Health. NOW,THERFORE, BE IT RE- SOLVED by the Board of County Commissioners e! Weld County, Colorado that the following enum- erated powers and duties are"hirby delegated lathe Weld County Bard of.Public Health,to-wit: 1:Hold haarhoel regarding sy nuisance,source of filth,*one of sickness,which may be'Merles to the health of the Inhabitants Wile* County,and issue an order Muir- Iv renewal of same pursues Ii CRS In, Sections 25-1-f17f and 3Liit7. 3. Administer oaths, sutpeeoa witnesses,and take testimony la all matters relating to the save designated powers and deem whist to'CRS 1973, Set:Ren M-1-Sa7. BE IT. FURTHER ORDAINED by the Board of County Commis- , it Weld County, coloreds that no hearing before the Bowl of Public Health may he held*awn written notice being served a the owner or occupant of the affected property not less than 41 hours before said hearing. Said 'Mice shall inform the owner or occupant that he may be present, with counsel,and be heard to show cause Sy aft order requiring:the remwat M the nuisance,source of Ma Sr saga et sickness should not See. Services of such notice shall be as provided by the Colorado Rules el Civil Procedure,or by registered er certified mall,.return receipt re- pested, deliverable to addresss arty. Services by mall shah, be compete upon receipt. If one M Met persons cannot be founder *MN*alter a diligent effort a• ser service may be made by palls mace in a conspicuous place leer about the properly affected by the Mils in whiets case the public thsaat Omcer Nell include In the eeeetd a statement as to why the pasting was acessary. • j f /4,'a- (6.' , Affidavit of Publication by tka.Wrtl r. ,.STATE OF COLORADO, 1, stoners N We ss. Mat ttle't Nilel " e County of Weld, w,<{; , e the nerd ,}t,. -; -d.; the nerd of Morten of Weld ..-6,7,6.C $� '"` r regWring the rem i- 1, ._ _- of sickne source of h11h ce of SICknKs, r aC<Orlt in With the said County of Weld, being lily sworn, say that Weld County Administrative Code-- I amnyyublisher of IGUL .-- J.E'i�/7.� p Procedures Section,it em 11, except That the written l complaint oth must receivednty Co the Cleonerthe -- - Board Of County Commissioners of that the same is a weekly newspaper of general Weld County within five(5)days of circulation and printed and published in the the receipt pt order. �q �{1� � by m BE IT FURTHER ORDAINED the Board of County Com- 6)1 town at i --- issioners of Weld County, Colo- in said county and state; that the notice or°dyer- County Board of Public Health to rado,that the authority of the Weld tisemenh of which the annexed is a true copy, hold hearings pursuant to the -has been published in said weekly newspaper Individual Sewage Disposal Sys- for / tams Act, Section -- --- -- - -- --.. consecutive 3540-108 and 75-10-iCRS to1973,as delegitetl weeks; that the in the Weld County Individual notice was published in the Legal Notices Sewage Disposal System Petiole- regular and entire issue of every number of said tions,5ection 3.16(c);3.17(e);and newspaper during the FIRST READING 3.32,is hereby affirmed. period and time of publi ORDINANCE NO.56 - BE IT FURTHER ORDAINED cation of said notice and in the newspaper IN THE MATTER OF THE by the Board of County Commis- DELEGATION OF AUTHORITY -.aibners of. Weld County, Colorado proper and not in a supplement thereof; ;hat the first FOR THE WELD COUNTY mat if any section, -subsection, publication of said notice was contained in BOARD OF HEALTH- TO HOLD paragraph, sentence, clause or the issue of -said newspaper bearing date, 4m HEARINGS AND ISSUE ORDERS phrase of this Ordinance is,for any ON CERTAIN. PUBLIC HEALTH reasons, held or decided to be ,/,51 day of QZyp92[q•;) A D 19 7G MATTERS IN THE COUNTY OF invalid or unconstitutional, such and the last t /, WELD, STATE OF COLORADO. decisions shall not affect the publication t,ereot, in the issue of BE IT ORDAINED BY 'THE validity of the remaining portions. said newspaper bearing date, the /.S day c. BOARD OF COUNTY COMMIS- The Board of County Commis- said SIGNERS OF WELD COUNTY, Stoners of Weld County, Colorado 19 !y that the said COLORADO: hereby declare that it would have :7202,1� 122J /�,td,/ WHEREAS,Article II,Section 2-2 passed this Ordinance and each and (y 4-teaCQ- of the Weld County Home Rule every section, subsection, para- Charter provides that Executive graph,sentence,clause and phrase • - liZ l-7�n71-_- and Administrative powers vested thereof irrespective of the fact that in the Board of County Commis- any one or more sections, subsec- has been published continuously and uninterrupt- stoners may,to the extent provided Hans,paragraphs,sentences,clau- edly during the period of at least fifty-two con- in the Weld County Home Rule ses,or phrases might be declared to secutive weeks next prior to the first issue thereof Charter, be exercised by Depart- be unconsititutional or invalid. ments of Weld County,and containing said notice or advertisement above WHEREAS, Article Ill, Section The above and foregoing Ordi- 3-8(x)(t)of the Weld County Home nance No. 56 was, on motion duly referred to; and that said newspaper was at the time of each of the Rule Charter provides that the made and seconded,adopted by the publications of said notice, Board of County Commissioners of following vote on the day of duly qualified for that purpose within the mean- Weld County may provide for the BOARD OF COUNTY ing of an act, entitled, "An Act Concerning Legal performance or exercise of permis- sive functions, services; facilities COMMISSIONERS and powers which are not SDKifi- WELD COUNTY,COLORADO Notices, Advertisements and Publications, and catty mentioned or assigned by the ' Norman Carlson,Chairman the Fees of Printers and Publishers thereof, and Weld County Home Rule Charter by -Lydia Dunbar to Repeal all Acts and Parts of Acts in Conflict Departments of Weld County.and C.W.Kirby WHEREAS, Article Ili, Section Leonard L.Roe with the Provisions of this Act." approved April 7, -3-8(6)(t)of the Weld County Home June K.Steinmark 1921, and all amendments thereof, and particu- Rule Charter provides mat the ATTEST: larly as amended by an act o Board of County Commissioners of Weld County Clerk approved., March 30. Weld County may assign any' and Recorder 1923, and an act approved May 1 1931. mandatory duty, responsibility or and Clerk to the Board function which is not mentioned By: Deputy County Clerk in Me Weld County Home Rule APPROVED AS TO FORM: /! J� 07 Charter,and County Attorney - ------ WHEREAS, Me Weld County DATE PRESENTED: NOVEM- ish'er Board of Public Health has special BEN 7, 1979 expertise in the area of public published in the Platteville Subscribed a sworn to before me this l G health and is especially qualified to Herald,La Salle Leader,Thursday, �f hold hearings and issue orders on November 15, 1979. day of _ �!d.-,.. A.D., 19_!-L -certain health related matters in _ _ Weld County,State of Colorado,and ;'AC , My commission expires !7 .7 -d.Z. Notary Public WHEREAS,1W Board ef County Commissioners of Weld County, Colorado deems it advisable OW in the best interests of Weld County to delegate said authority to the Weld County Board of Public Health. NOW, THERFORE, BE IT RE- SOLVED.by the Board of teensy Commissioners of Weld Ceuaq, Colorado that the following enum- erated powers and dunes are herby delegated to the Weld County Beers of Public Health,to-wit: 1. Hold bearings regarding ay nuisance,seurce of filth,or cease of sickness,which may be Injurious to the healthel the inhabitants of Weld County,andisaue an order reBWr- hng removal of same pursuant le CRS 1075, Sections tit-s13; and 751117. 2. Administer oaths, subpoena witnesses,and take testimony in all matters relating to the above designated powers and dunes Pursuant to CRS 1973, Section 557-MI, BE IT FURTHER ORDAINED by the Board of County Commis- sioners of Weld County, Colorado that no hearing before the Board el Public Health may be held without written nonce being served en the owner or occupant of the affected property not less than NI hours before said hearing. Said nonce Wall inform the owner or occupant that he may be present, with counsel,and be heard to show cane why an order requiring the removal of the nuisance, source of filth or cause of sickness should not Issue. Services of such notice shall be as provided by the Colorado Rules of Civil Procedure,or by registered or certified mail, return receipt re. quested, deliverable to addresses. only. Services by mail shall be complete upon receipt. If one or mere persons cannot be found or served after a diligent effort to do se,service may be made by posting a notice Ina conspicuous place in ar about the property affected by the notice, in which case the Public Health Officer shall include in the record a statement'as to why the pealing was necessary. SE IT FURTHER ORDAINED by the Board of County Coin-. migloners of Weld County, Cent• rats mat for the reasons of an imminent threat to the public health, safety or welfare, such hearings may be held by the Public Heads Officer under the same pavers and authorities as the Weld County Board of Public Health. Such hearings shall be held by the Public Health Officer when the Director of Environmental Nealth Services determines that the threat republic health,safety or welfare is es tsaminont that delay,Incident to WHIM/the hearing before the neat Bey/ C mooring ol rd of rWa Heee weal further endanger the Fai0,but this provision shall not asp la Marines hold pursuant to Isnala3.14 tar 3.1rtchand ewM M WO the Weld C tiodividliel fqgM ye a b BE W PDETNER.OR INED Hello