HomeMy WebLinkAbout20070370.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING AUTHORIZATION FOR THE WELD COUNTY
ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TAMMY HORTON 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, Tammy Horton, 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, Tammy Horton 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 of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office for immediate legal action.
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 Tammy Horton 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, to remedy the violation of the Weld County Code and to seek a judgement in the amount
of$225.00 to cover all costs inquired by the Department of Public Health and Environment.
2007-0370
/y4. HL0034
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VIOLATIONS -TAMMY HORTON
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.
BOARD COUNTY COMMISSIONERS
WELD C TY, ?OLQRADO
ATTEST: uk /
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David E. Long, Chair
Weld County Clerk to the ur
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William H. Jerke Pro-Tem
Deputy Clerk to the Board (-4-62 l/
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APP S TO Robert D. M asden
My Attorney
Douglas'Rademacher
Date of signature: 7
2007-0370
HL0034
J
MEMORANDUM
TO: BOARD OF COUNTY COMMISSIONERS
FROM: TROY E. SWAIN
ISUBJECT: 913 ELM CT., FT. LUPTON, COLORADO
C. DATE: JANUARY 30,2007
COLORADO
Tammy D. Horton, owner of the property located at 913 Elm Court, Fort Lupton,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 to seek a judgment for the amount of$225.00 for staff time spent and the direct cost of
document service.
!4L. c i4
2007-0370
DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT
�r 1555 N. 17th Avenue
Greeley, CO 80631
(0W
WEBSITE: www.co.weld.co.us
ADMINISTRATION: (970) 304-6410
eiFAX: (970) 304-6412
PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420
FAX: (970) 304-6416
ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415
COLORADO FAX: (970) 304-6411
January 30, 2007
Tammy D. Horton
555 18'" Street
Greeley, CO 80634
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 Tammy D. Horton, the owner of record for 913 Elm Ct., Fort Lupton,
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 February 13,2007 at 9:00 AM. The hearing will take place at the Weld
County Planning Department, 918 10m 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
$225.00 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
Chronology of Notification for 913 Elm Ct., Ft. Lupton, Colorado
June 22,2006: Weld County Drug Task Force conducts a search and seizure at property.
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.
June 26,2006: The Department sent 1"Notification to property owner,Tammy D.
Horton(via Certified Mail),which requires Preliminary Assessment or
demolition of the property within 30 days.
July 19, 2006: 1"Notification returned unclaimed.
NOTE: Received call from bail bondsman who provided information regarding
the property owner being incarcerated in Kaufman County, Texas.
July 20, 2006: Tammy D. Horton Hand Delivered 1'Notification to property owner
(dated July 17,2006)by Kaufman County Law Enforcement Center's
Mail Officer in Kaufman County, Texas,while incarcerated at the
facility. The notification required a Preliminary Assessment or
demolition of the property within 30 days.
August 22, 2006: Tammy D. Horton served 2"d Notification to property owner by Weld
County Sheriff's office while incarcerated at Weld County Jail.
Notification 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 23, 2006: After being contacted via telephone,the Department sent an e-mail to
Mr. Brian Veatch(had an encumbrance on property),which contained
copies of correspondence with the property owner and information
regarding the Rules and Regulations for Methamphetamine Laboratory
Cleanup.
August 28, 2006: Received letter from Tammy Horton with questions regarding removing
personal property from property. Information later provided via
telephone after receiving call from Weld County Jail.
September 5, 2006: Certificate of Non-compliance recorded by the Department with the
Weld County Clerk& Recorder's Office.
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