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Home My WebLink About791000.tiff RESOLUTION RE: SHOW CAUSE ORDER CONCERNING LONGSVIEW EGG FARM, 3083 LOWELL LANE, ERIE, COLORADO. 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, the Board of County Commissioners of Weld County, Colorado held a show cause hearing on June 27 , 1979 concerning Longsview Egg Farm, 3083 Lowell Lane, Erie, Colorado , for non- compliance with Sections 25-1-613 and 25-1-512 , CRS 1973, as amended, and WHEREAS, in accordance with Section 25-1-617 , CRS 1973 , as amended, the Board of County Commissioners is authorized to hear and decide this matter, and WHEREAS, appropriate notice has been given to all parties concerned, and WHEREAS, the Board of County Commissioners of Weld County, Colorado heard the testimony of the representatives from the Weld County Health Department, the testimony of Mr. Joe Bickler who is the President and Manager of the Longsview Egg Farm, and the testimony of the residents in the nearby area, and WHEREAS, the Board, having been fully advised in this matter, finds that there is an open pit containing the remains of dead chickens; that there is a serious fly problem from the exposure of the chicken pit to the air and the presence of chicken manure on the premises; and that the chicken manure has not been ade- quately spread on the open area of the premises to prevent the breeding of flies. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the nuisance which pre- sently exists at the Longview Egg Farm be immediately abated and that the following steps be taken not later than 72 hours from the date of this hearing: 1. That the owner of the Longsview Egg Farm is hereby required to cover the chicken pit so that the contents of the pit are (2 woo 791000 1� ! � r • not exposed to the air. 2. That the manure which has been spread in the open area of the premises be plowed under so that it is not a breeding place of flies. 3. That a program be instituted to control the breeding and spreading of flies. 4 . That all chicken manure presently on the pre- mises be removed to an off the premises site. 5. That the owner institute a program to control rodents on the premises . 6. That disposal of dead chickens be accomplished by removing them from the premises or disposing them into a sealed fault on the premises. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of June, A.D. , 1979 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO / -6-7-76) / • ATTEST: '7i&uf OAAAA;AAVIAltera Weld County Clerk and Recorder and-6J.erk to the Board eputy Countygi(4441 IJ Crick:7,120V D AS TOF Rlite /? County Attorney DATE PRESENTED: JULY 2 , 1979 • A public hearing was conducted on June 27th, 1979 at 2 :00 P.M. , with the following present: NORMAN CARLSON CHAIRMAN LYDIA DUNBAR COMMISSIONER BILL KIRBY COMMISSIONER LEONARD ROE COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, JEANNETTE ORDWAY ASSISTANT COUNTY ATTORNEY, EARL RHODES HEALTH DEPARTMENT REPRESENTATIVES, JOHN HALL AND BYRON HOWELL The following business was transacted: I hereby certify that pursuant to a SHOW CAUSE NOTICE dated June 11, 1979, duly published June 14 , 1979 in the Platteville Herald, a public hearing was held on said show cause for Longsview Egg Farm. John Hall in chronological order listed the events that have transpired to date after a complaint was filed with his department. He stated that a health nuisance does still exist although some measures have been taken by Longsview Egg Farm. Joe Bickler, President and Manager of Longsview Egg Farm, commented on his operation and the violation. Several adjacent landowners testified listing their concerns . Commissioner Kirby suggested that the Health Department establish an approved method for the disposal of dead birds . John Hall noted he would look into the matter . After deliberation, Commissioner Roe made a motion that a nuisance does exist on the Longsview Egg Farm and the immediate action the Board should take is to require Longsview Egg Farm within the next seventy two hours to : 1. cover the dead bird pits, and 2. the manure spread on the fields be plowed under, Further that a long range program should be required and established as follows : 1. good fly control program 2. an adequate manure removal system 3 . an adequate rodent control program, and 4 . site disposal or bulk type disposal of dead birds . The operator of the facility shall supply their fly, rodent and manure control program to the Weld County Health Department for their consideration and approval . Further that the Weld County Health Department shall check on all other facilities in the area for health compliance and establish a monitoring program of the problems in the entire area. Commissioner Steinmark seconded the motion. After discussion, Commissioners Roe and Steinmark agreed to withdraw the above motion and second. Commissioner Roe made a motion that the Board of County Commissioners finds that a health nuisance exists in areas of the uncovered dead bird pits , the maggot and fly breeding problems not controlled by the spreading of the manure and disking it under, a fly problem exists, there is a problem with the inadequate manure removal, there is a rodent control problem on the property, and a nuisance exists regarding the disposal of dead birds . Commissioner Roe further moved that Longsview Egg Farm correct the problems by the aforementioned withdrawn motion. Commissioner Steinmark seconded the motion. The motion carried unanimously. Commissioner Roe made a motion to direct the Weld County Health Department to check all facilities of this nature in the area for health compliance and establish a monitoring program of problems in the area. Commissioner Dunbar secon ed the motion and it carried unanimously. /I ;A -j- •� CHAIRMAN (!� +1T PitC✓t�ty�/ BOARD OF COUNTY COMMISSIONERS ATTEST: U WELD COUNTY, COLORADO WELD COUNTY CLERK AND RECORDER AND C TO THE BO BY uty County er 7 ,, ' / / Docket #79-36 Tape #79-74 tI • f + 4, Weldl�'` Health/ BOARD OF HEALTH VY ounty ! i Department DAVID WERKInr, DOS Gr l FRANKLIN D YODER. MD. MPH WILLIAM RLICK. Roggen Dlreclor 1516 HOSPITAL ROAD DORIS DEEFKE. Greeley GREELEY, COLORADO 80631 A M DOMINGUEZ. JR J D Greeley ANNETTE M LOPEZ. Greeley (303)131 0340 FRANK MYERS M P.H. Wrecker HERSCHEL PHELPS. JR M Greeley KATHLEEN SHAUGHNESSY. PHN. Pull ARTHUR G WATSON Plalleville July 5, 1979 INSPECTION REPORT Longsview Egg Farm Compliance With the Weld County Commissioner's 72-hour Cleanup Order A final inspection to determine compliance was conducted on Monday, July 2, 1979, by Byron Howell. Compliance was met on all six items in the order. The chicken pit was covered, the maggots in the manure had been killed by treatment with diesel fuel and gasoline, a fly control program was instituted with fly bait, a rodent control program was instituted with rat bait, the manure was plowed under, dead chickens were being taken to a rendering plant in Longmont, and the manure was being immediately hauled away in semi-trucks. ohn G. Hall, M.P.H. , Director Byron'. Howell Environmental Health Services Environmental Health Specialist BLH:dr cc County Commissioners e'r‘< ;j�>\o,19 from the Office c,l Greeley , Colorado 'I'lll': BOARD or Couti'I'Y ('UPV•].ISSIONEIU: WELD COUNTY , COLORADO June 12, 1979 , 19 Publisher : Please insert the enciosrd notice in your issue the week of June 18, 1979 ---_- one time only. Regarding payment , complete the enclosed voucher and forward it to us . When returning the voucher, please include an affidavit of publication so we may complete our files . Thank you for your cooperation . Sincerely , DOC# 79-36. THE ItU1RU nl' c'nliij'I'1' COMMISSIONERS WELD CUl1N'L'Y , Cut.ORAI)O BY : Mary Ann I°euer,lein County Clerk and Recorder and Clerk (to . thee Board Uc/rtuty County Clerk • r .. �.. ,-,.- _ ar ,. . :=;."6#07 :s a a1Cr 'a ..n.. ..-3 -^ .---.yyJyAu..-.��. . Vttia,. 'w,. • f 1 F + cs"7b dNp ..�..1�1}, +"i Y ... I.R ,w; tad ^,.. N_i'.r.. � .,Ay yR'lht�w f•M^ Y Rr� +v,:e4 hn .. .. a w. 4✓` ! v 1?• .'.S s'e' :; fwii'�*.'"i,✓w.lxlSa '' ''X.aa, c . Y Zx ii^•d�...$Yk.``�Y+;+1X ,..wt.+.i,. "•'.'tr 1uV'al:f�.wR A r .v...eR.Ly4>P.as ._ _ 5-.'a .. ,.u:..,:4. ..... a 1eat ei•e4 Y r� b .$4 S 0 • Lfriftwinnere .. . ...,.. , . . ,..,,..... .....e.,....,. ......., ....,...-.......,.......,.»....,..a.....+w.wn•+,was.*,.&:. ..,L..,.wa�.c,.w,.+ .. x.... -...... .__t.F.....:...w.....'-i..w.Tw.:� Y m_,. ,� * -"4}/ y�t;�iay v` .hN .sY•xr' �,�.`it. M",!A',.,�a:+�.ys A"" .:v w'�• ' ` :,A `fir»:, v+"m° d':t¶_ 'F �P "y y **F rt •. -•,� Rw ib..• rr as},�". .�.y•.me +< ^•,'t. BemtrA°+ bmlr'., i" �.r,f' ' .>P(.. �. l., '"f.' e . !}yt44.44.4:4,4 NOTICE SHOW CAUSE HEARING Pursuant to the public health laws of the State of Colorado, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the hearing to show cause are requested to attend and may be heard. DOCKET 479-36 Longsview Egg Farm 3083 Lowell Lane Erie, Colorado 80516 DATE: June 27, 1979 TIME: 2: 00 P .M. SUBJECT: Hearing to show cause for noncompliance with Colorado Revised Statutes 25-1-613 and 25-1-512 as amended. LEGAL DESCRIPTION: A parcel of land located in the Northwest Quarter of Section 34 , Township 34 North, Range 68 West of the 6th P .M. , Weld County, Colorado, being more particularly described as: Lot 8 , Block 3, Ranch Eggs Subdivision. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Keitha Hubbard, Deputy DATED: June 11, 1979 PUBLISHED: June 14 , 1979 in the Platteville Herald a MAILING ADDRESSES OF PROPERTY OWNERS WITHIN 500' SURROUNDING LONGVIEW EGG RANCH 1 / Richard Cosslet/Wilda J. Cosslett c/o First National Bank P. O: Box 209 Longmont , CO 80501 William D. and Sandra S. Barnett c/o Dorothy A. Wise 200 South Sheridan Blvd. Denver, CO 80226 Elda Mae B. Johnson and Gayle Bowersox Niven 1318 Longs Peaks Longmont , CO 80501 Lewis G. and Anita H. Chichester 3163 Lowell Lane Erie, CO 80516 ;Pi Estol L. Rockwell 10801 East 124th Avenue Brighto n, CO 80601 Paai 11. and Laura Pogany 710 W. Elizabeth Pierre, South Dakota 57501 Lynne C. and Donna A. Swallow 584 Weld County Road 7 Erie, CO 80516 Walter H. and Dessie Capps 523 County Road 7 Erie, CO 80516 Warren 0. Woodward Rt . 1 Box 32-B Erie, CO 30516 Sandra Lea Davidson/Reza Kazemi Mohammadi 584 Weld County Road 7 Erie , CO 80516 Charles J. Elzi, Jr. and William M. and Betty J. Look 3071 West Wolfenberger Road Sedalia, CO 80135 Richard-C'-- lett/Wi lda J. Ccssl?t't c/o // 'i st/NationaX .Ba11l P. /3. ,B0 --209 , : Longmont , CO 80501 ,_, ' a7 A Weld C BOARD OF H Greg` ;^ a County Health Department DAVID \VERKING. DOS. Greeley FRANK.IN D. VODER. MD. MPH WILLIAM BUCK. Roggen 1516 HOSPITAL ROAD DORIS DEFFKE. Greeley • Director A M DOMINGUEZ. JR . J D Greeley GREELEY, COLORADO 80631 ANNE1TE M LOPEZ. Greeley (J(131 JSJ-0SED FRANK MYERS. MPH Windsor HERSCHEL PHELPS. JR M D Greeley KATHLEEN SHAUGHNESSY. PHN, Ault May 9, 1979 ARTHUR G WATSON.Platteville Longsview Egg Farm • Certified Mail #5008158 3083 Lowell Lane Erie, CO 80516 4 RE: Extension Notice I Longsview Egg Farm: The Weld County Health Department hereby grants you a fifteen (15) day extension to come into compliance with C.R.S. 25-1-613. The fifteen day extension will begin with the date of receipt of this notification. If you encounter any difficulties or problems, please contact # us so that we may be of assistance to you.- Sincerely,Il • Ild • 11 -el-Id• W-O1-1-fre-fi hn G. Hall, M.P.H. , __Director Byro L. Howell nvironmental Health Services Environmental Health Specialist BLH:dr 003 .-.1 . it \\W``��11erl B . iI 1 • n � 1 C JI ` t.1 1�1�.JA~ > Z C� • O v • i w ? e 2R l r_ n d le +i \' a ca rn g l � zli 5 t 1 vi) >' g a m F (: e it u v \• a m y% ��ll C. 3 a ec A E; ri 'O 'O W C G 'O F- u a o W to 1A46 -G .n y :: W V f�i1 ron cj 1-4 D`�'.`! V i ++6 '> Ti WO e'S v wqQ 5Qb R. N t i s' I E y ❑ W l E� to W u y� •e ° g • '" '3 3 `i 3 G 3 cm o� J � o Z %. v w �° � mt , ., �9� Cppa ,G, ooee � z � N ` WW •3 ties \H O Z �4 0 3 B N a N O O J � O.. u r a u ' \C i P U W v el N P� V) g `n C O O e z -Ur L Ur di ° u �n CI Na CO) e, • . , .+ 'n IED MALL Z lam❑ m cc D AND CERTIF • r TEREDr INSURE • — RETURN RECEIPT, REGIS PS Form 3811,APr.1977 r III Weld / �'^ / / ]� BOARD OF HEALTH • VY eid County Health Deportment DAVID WERKING DOS Greeley r FRANKLIN G YODER. MD. MPH WILLIAM &JCK. Roggen Dbeclw 1516 HOSPITAL ROAD DORIS DEFFKE. Greeley GREELEY, COLORADO 80631 A M DOMINcuez. JR J D. Gredev /� 1307175)-0Sd0 FRANKANNET E M LOPEZ. Greeley J` FRANK EVERS. M P H. MD. • HE Greeley PHELPS. JR . M D. ✓ Greelry KATHLEEN SHAUGHNESSY. P.M. Aull • April 9, 1979 ARTHUR WATSON.Platteville • Longsview Egg Farm Certified Mail #5008154 3083 Lowell Lane Erie, CO 80516 RE: Public Nuisance on Premises Longsview Egg Farm: On Friday, March 30, 1979, I inspected your property located at II4 j 3083 Lowell Lane, Erie, Colorado. The inspection was the result of- a complaint received by our office .regarding your property. The inspection showed an excessive build-up of manure, a serious fly problem and an extensive build-up of dead chickens. . Colorado Revised Statute number 25-1-613 provides the following: [I • . "The board of health shall examine all nuisances, • sources of filth, and causes of sickness, which, in its opinion, may be injurious to the health of the inhabitants, within its town, city, or county. . . , and it shall destroy, remove, or prevent the same as the case may require." You are hereby notified that the aforementioned items of an ex- cessive build-up of manure, the serious fly.problem, and the extensive build-up of dead chickens are not in compliance with C.R.S. 25-1-613, and that you have 20 days from the date of receipt of this notification to come into compliance with 25-1-613. • It is also the advisement of the Weld County Health Department to dispose of your dead chickens at a rendering plant in the future. Colorado Revised Statute number 25-1-514 provides the following: "It is unlawful for any person, association, or cor- poration and the officers thereof to willfully violate, disobey, or disregard the provisions of the public health laws or the terms of any lawful notice, order, standard, rule or regulation issued pursuant thereto." In the event this order is not complied within the time period provided, C.R.S. 25-1-512 provides the following: nkri•-•:.r. Page 2 .. ' •a r.., �� Longsview gg Farm April 9, 1979 ).i "The district attorney of the judicial district in which I a cause of action arises shall bring any civil or criminal : action requested by a public health officer to abate a . condition which exists in 'violation of, or to restrain or enjoin any action which is in violation of or to prosecute for the violation of or for the enforcement of, the public ll . health laws and the standards, orders, rules, and regulations of the state board of health or a county or district board of health." The personnel of the Weld County Health Department stand ready to 4 assist and advise you in any proper manner in the correction of the above—mentioned problem. Sincerely, 13 . /17)-11J '-S41 t0tghn G. Hall, M.. H. , Director Byro ll 1 Environmental Health Services Environmental Health Specialist 4 BLH:dr . i -ypy�Jnt IIYW 031iI1N3b ONY 03tln5NI '03113151038 7413338 Ntln138 1L61 'AV'1196 wmi$4• . 9' U r N n', m ca N • > Zy c1 > > ❑ ❑❑� m to r m n y ^n E a 1 gt W OOo O p tTiv' E w E E o m 1 H O ll m e o o m W y > z g _� c �_ g a t r a p (L AZ_0 o m a " O 0 no O Y• O C E g 4 „q, 8 p g �a3 r y m " " f, ",41 "pp1 3 Oa OP 3.2 y •u < C m 0 ~pip o O d d d m " d3 m a ' w 1 2 co t 400 ti .1 n r. a. ` n ti u 0 " n c m OW 0 ,. g Cw G ; 03 = - f' 3 ri w m lf' b "'1 9 o- m " M L " c .• > P' o I-' N ID to 790.. 96w A m a. a Ss 3. i ; n Q n __, AY ti 4 > 0. w a3 0 no_ rt a • c > 3 w r » I ! -, T6 o i m 2 2 C E r O c m n n 2,. . V�,q y a " m w O ym -\\-- >. p 2 I 1i N rJAt. \..� -,r ^ 9 56 \^ ka /a i 7 . ATTENDANCE RECORD APPLICANT : LONGVIEW EGG F . TIME : 2: 0 �`'M DOCKET/179-' DATE : June 27, 1979 REQUEST : SHOW CAUSE HEARING NAME ADDRESS /e m / - r 5-20 ;iohNsor ,bt1 cr %e CORD yakaiaum) tty- &ay? 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