HomeMy WebLinkAbout20070371.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING AUTHORIZATION FOR THE WELD COUNTY
ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MISTY FRICK 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, Misty Frick, is 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 13th day of February, 2007, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,Misty Frick was 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 deems it advisable to bring legal action against those individuals
named above to correct said violation.
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 Misty Frick and any other person occupying the properties,any person claiming
an interest in the properties, and any person acting in active concert with the identified parties, to
remedy the violation of the Weld County Code, and to seek a judgement in the amount of$224.25
to cover all costs inquired by the Department of Public Health and Environment.
2007-0371
L C ,' //L� l/i O L C3 HC E 3 C'
VIOLATIONS - MISTY FRICK
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of February, A.D., 2007.
BOAR OF OUNTY COMMISSIONERS
WELD N , C OD
fic
ATTEST: J E B
�fi• vid E. Long, Chair
Weld County Clerk to t e Bo [`
�� 14+ Wean, 4gt-6,-Pro-Tem
BY: 'e a :, /
Deputy Clerk to the Board ���
Will. F. G rcia(
AP VE ST
Robert D. Malden
oufty Attorney -,
Douglas ademach
07
Date of signature:
2007-0171
HL0034
MEMORANDUM
�1 TO: BOARD OF COUNTY COMMISSIONERS
�1 FROM: TROY E. SWAIN
wineSUBJECT: 4312 YOSEMITE DRIVE, WEST HILL-N-PARK
SUBDIVISION, WELD COUNTY, COLORADO
DATE:
COLORADO
Misty A. Frick, owner of the property located at 4312 Yosemite Drive, West Hill-N-Park
Subdivision, Weld County, Colorado has failed to comply with the Rules and Regulations for
Methamphetamine Laboratory Cleanup found in Chapter 14, Article VIII of the Weld County
Code.
The Department has notified the property owner numerous times regarding the requirements of
these regulations(chronology attached).
The Weld County Department of Public Health &Environment recommends that the Board of
County Commissioners direct the County Attorney to pursue legal action against the property
owner and to seek a judgment for the amount of$224.25 for staff time spent and the direct cost of
document service.
2007-0371
DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT
cfe 1555 N. 17th Avenue
Greeley, CO 80631
WEBSITE: www.co.weld.co.us
ADMINISTRATION: (970) 304-6410
FAX: (970) 304-6412
C PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420
O FAX: (970) 304-6416
ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415
COLORADO FAX: (970) 304-6411
January 30, 2007
Misty A. Frick
2280 Pt Avenue#33
Greeley, CO 80631
Notification of Hearing
Failure to Comply with the Rules and Regulations for Methamphetamine Laboratory Cleanup,
Chapter 14,Article VIII of the Weld County Code
As of this date,January 30, 2007,the Weld County Department of Public Health& Environment
(Department) has determined that Misty A. Frick, the owner of record for 4312 Yosemite Drive, West
Hill-N-Park Subdivision, Weld County, 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 at least two 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 February 13,2007 at 9:00 AM. The hearing will be held at the Weld
County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, during the regular Board
meeting. 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$224.25 for staff time spent and the direct cost of document service.
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,
Troy E. Swain Trevor Jiricek
Environmental Health Specialist Director
Environmental Health Services Environmental Health Services
cc: Dr. Mark Wallace, Director, Weld County Department of Public Health &Environment
Bruce Barker, Weld County Attorney
Amy Kingery, Wells Fargo Home Mortgage—Damaged Properties (1 Home Campus, Des
Moines, Iowa 50328)
Chronology of Notification for 4312 Yosemite Dr. West Hill-N-Park Subdivision,
Weld County, Colorado
May 21,2006: Weld County Drug Task Force conducts a search and seizure at property.
May 23, 2006: Weld County Department of Public Health & Environment(Department)
receives notice from the Weld 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.
May 24, 2006: The Department sent 1'Notification to property owner(via Certified
Mail),which requires Preliminary Assessment or demolition of the
property within 30 days.
June 2, 2006: Misty A. Frick served 1st Notification to property owner(dated June 2,
2006) by Weld County Sheriff's Office, which requires Preliminary
Assessment or demolition of the property within 30 days.
June 7, 2006: Dorothy Frick signs for Certified Letter on behalf of Misty A. Frick.
July 5, 2006: The Department sent 2"d Notification to property owner(via Certified
Mail to address provided by property owner), which required a
Preliminary Assessment of the property within 10 days or a Certificate of
Non-compliance would be recorded with the Weld County Clerk&
Recorder.
July 7, 2006: James H. Frick signs for Certified Letter on behalf of Misty A. Frick.
July 19, 2006: Misty A. Frick served 2n°Notification to property owner(dated July 13,
2006)by Weld County Sheriffs Office, which required a Preliminary
Assessment of the property within 10 days or a Certificate of Non-
compliance would be recorded with the Weld County Clerk&Recorder.
August 1, 2006: Certificate of Non-compliance recorded by the Department with the
Weld County Clerk&Recorder's Office.
The Department sent a letter and copy of the Certificate of Non-
compliance to Wells Fargo Home Mortgage,Inc.
August 14, 2006: Letter to Wells Fargo Home Mortgage, Inc. returned to the Department.
September 6,2006: After making contact via telephone, the Department sent an e-mail to
Ms. Tabitha Crowder Wells Fargo Home Mortgage, Inc.,which
contained copies of correspondence with the property owner and
information regarding the Rules and Regulations for Methamphetamine
Laboratory Cleanup.
January 5, 2007 After receiving a telephone call from Wells Fargo Home Mortgage Inc.,
the Department sent an e-mail to Ms. Amy Kingery of Wells Fargo
Home Mortgage,Inc.,which contained copies of correspondence with
the property owner and information regarding the Rules and Regulations
for Methamphetamine Laboratory Cleanup(same information that was
sent Sept. 6, 2006).
January 19,2007 Received an e-mail from Wells Fargo representative that they have hired
a contractor and received a bid on the testing/clean-up.
January 25, 2007 Received an e-mail from Wells Fargo representative that they are waiting
to get their bid for clean-up approved and will update the Department on
January 29, 2007.
January 30, 2007 Contacted the Weld County Clerk& Recorder and the Public Trustee,
determined that Wells Fargo has not formally started the foreclosure
process. Sent notification of hearing to the property owner(Misty Frick)
via Weld County Sheriff Civil Process Server.
February 1, 2007 Contact via telephone with property owner said she received the notice
of hearing and expected the bank to take over the property and would
send a letter to the Department. Ms. Frick said she removed pictures,
documents and a child bunk bed(said in storage)from the property. Ms.
Frick said the property was broken into in June.
February 2, 2007 Requested and received copy of calls and police reports on property
since posting. Report#06-3289—residence burglarized June 18, 2006,
multiple entries through rear windows items removed and passed over
fence to waiting pick-up truck. The owner was advised by investigating
officer to board up property. Weld County Department of Public Health
&Environment and Weld County Building Department were not notified
by the Weld County Sheriff's Office or the property owner.
Ellen Kipp of Property Preservation Specialist contacted Weld County
Sheriffs Office Records Supervisor requesting information on process
because saw that the property was posted no entry. Left message for
Ellen Kipp(303-547-8919).
s
`lb ol net o" nnou
Cence ',
.r10t bz ate a nq cn
R bh.u.OuLLI. i3 Ote--1 C g arm , c 1-13\a
. I DSPnu5J vJ C Co 3' un likt 'uutaA .
H Ul -N- Pa n K Su oth v . J w j. n.tyi 6. clour\ _
.% . u_p on pyopi ctualt # t-
-inc a- of 0c--D b2 eb_aco5 thy wicu) d ,
uri ba.nkat ptc j, , --41.1- uD iinsun
ba_ck (Al c Ln 9b alDaD ._
in banxkup Eruc C.ombog \\D \ `" sA.
lethicky co 1 ( O ifigun at flea h nu
i _ u/. -Nu rd u. ._ . J ha
.�naill _ - DP, h� c ,ins m at ot�
-�P.t F The bank- Thcd _Icy., _ Akin
Xft i (A) a ;m h Can a_e_l - W aun
MI an %hh. p U wi ctiA0 it
V had m mccuV .` �;P01( Lir- -hitt Lk' op) iuwil fo loft) rnp rn,9, owfu
Ii
EXHIBIT
-3'11
Hello