HomeMy WebLinkAbout20053402.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2005-10 was introduced on
first reading on September 7, 2005, and a public hearing and second reading was held on
September 26, 2005. A public hearing and final reading was completed on October 17, 2005,with
no change being made to the text of said Ordinance, and on motion duly made and seconded,was
adopted. Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third
Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or
may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages
sent to an individual Commissioner may not be included in the case file. To ensure inclusion of
your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us.
ORDINANCE NO. 2005-10
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING WITH
AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE
EFFECTIVE DATE: October 31, 2005
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 21, 2005
PUBLISHED: October 26, 2005, in the Fort Lupton Press
2005-3402
•
NOTICE OF FINAL READING OF
ORDINANCE PROOF OF PUBLICATION
Pursuant Rule „a Weld County FORT LUPTON
Home Charter, Ordinance
Number 2005-10 was introduced
7, STATE OF COLORADO
on first areading on September d
2005, and a public hearing and
second reading was held on COUNTY OF WELD SS.
September 26, 2005. A public
hearing and final reading was
completed on October 17, 2005,
with no change being made to the
text of said Ordinance, and on
motion duly made and seconded, I, Karen Lambert, do solemnly swear that
was adopted.Effective date of said
Ordinance is listed below. am the Publisher of the Fort Lupton Press;
Any backup material,uly to to that the same is a weekly newspaper printed
n acon previously or
the
Bon concerning and published in the County of Weld, State
matter may be examined in the
office of the Clerk to the Board of of Colorado, and has a general circulation
County Commissioners,located in
the Weld County Centennial therein; that said newspaper has been
Center, 915 10th Street, Third
Floor,Greeley,Colorado,between published continuously and uninterruptedly
the hours of 8:00 a.m. and 5:00
p.m., Monday thru Friday,or may in said county of Adams for a period of more
be accessed through the Weld
County Web Page than fifty-two consecutive weeks prior to the
(w.vw.co.weld.co.us). E-Mail
messages sent to an individual first publication of the annexed legal notice
Commissioner may not be included
in the case file.To ensure inclusion or advertisement; that said newspaper has
of your E-Mail correspondence into been admitted to the United States mails as
the case file,please send a copy to
charding@co.weld.co.us.
ORDINANCE NO. 2005-10 second-class matter under the provisions of
ORDINANCE TITLE: IN THE
MATTER OF REPEALING AND the act of March 3, 1879, or any
REENACTING WITH
AMENDMENTS, CHAPTER 14 amendments thereof, and that said
HEALTH AND
WELD COUNTY CODES,OF THE newspaper is a weekly newspaper duly
EFFECTIVE DATE: October 31,
2005 qualified for publishing legal notices and
BOARD OF COUNTY
COMMISSIONERS advertisements within the meaning of the
WELD
DATED:COUNTY,October211,,L005°O laws of the State of Colorado. That the
in IFortSHED:pt Oon Ps
26, 2005, annexed legal notice or advertisement was
published in the regular and entire issue of
every number of said weekly newspaper for
the period of 1 consecutive insertion(s); and
that the first publication of said notice was in
the issue of newspaper, dated 26th day of
October, 2005, and the last on the 26th day
of October, 2005.
1
Pau is er. u scrl a urn a ore me, this the
24th day of October, 2005.
�(i Z22l u tic.
'Du • OAP
CASE NO.1111111 key 21172
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2005-10 was introduced on
first reading on September 7, 2005, and a public hearing and second reading was held on
September26,2005,with no change being made to the text of said Ordinance. A public hearing and
third reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915
10th Street, Greeley, Colorado 80631 on October 17,2005. All persons in any manner interested
in the next reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax
(970)352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located in the Weld County Centennial Center,91510th Street,Third Floor,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
correspondence into the case file, please send a copy to charding@co.weld.co.us.
ORDINANCE NO. 2005-10
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: October 17, 2005, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 30, 2005
PUBLISHED: October 5, 2005, in the Fort Lupton Press
NOTICEOF
SECOND READING OF PROOF OF PUBLICATION
ORDINANCE FORT LUPTON
Pursuant to the Weld County
Home Rule Charter, Ordinance
Number 2005-10 was introduced STATE OF COLORADO
on first reading on September 7,
r2Q05, and a public hearing and COUNTY OF WELD SS.
rand reading was held on
ptember 26, 2005, with no
..range being made to the text of
said Ordinance. A public hearing
and third d reading is scheduled s to I, Karen Lambert, do solemnly swear that I
be held in the Chambert Floor gs of the
915 0th St Street,Greeley,Colorado am the Publisher of the Fort Lupton Press;
80631 on October 17, 2005. All
persons in any manner interested that the same is a weekly newspaper printed
in the next reading of said
Ordinance are requested to attend and published in the County of Weld, State
and may be heard.
Please contact the Clerk to the of Colorado, and has a general circulation
Board's Office at phone (970)
336-7215, Extension 4225, or fax therein; that said newspaper has been
(97day 48209;0242,prior to the
of if,as a ayf the hearing result of published continuously and uninterruptedly
a disability,you require reasonable
accommodations in order to in said county of Adams for a period of more
participate In this hearing.
Any backup material, exhibits or than fifty-two consecutive weeks prior to the
information previously submitted to
the Board of County first publication of the annexed legal notice
Commissioners concerning this
matter may be examined in the or advertisement; that said newspaper has
office of the Clerk to the Board of
County Commissioners, located in been admitted to the United States mails as
the Weld County Centennial
Center, 915 10th Street, Third second-class matter under the provisions of
Floor,Greeley,Colorado,between
the hours of 8:00 a.m. and 5:00 the act of March 3, 1879, or any
p.m., Monday thru Friday, or may
be accessed through the Weld amendments thereof, and that said
Web 9
(wwwry.co.weld.co s). E-Mae newspaper is a weekly newspaper duly
messages sent to an individual
Commissioner may notbeincluded qualified for publishing legal notices and
in the case file.To ensure inclusion
of your E-Mail correspondence into advertisements within the meaning of the
the case file,please send a copy to laws of the State of Colorado. That the
charding@co.weld.co.us.
NO. us.
ORDINANCE NO. 2005-10
ORDINANCE TITLE: IN THE annexed legal notice or advertisement was
MATTER OF ENAREPEALING�T RE CTNG, H published in the regular and entire issue of
, -MENDMENTS, CHAPTER 14
5LTH AND ANIMALS,OF THE every number of said weekly newspaper for
LLD COUNTY
DATE OF CODE
NEXT READING: the period of 1 consecutive insertion(s); and
October 17,2005, 9:OO
BOARD O COUNTY that the first publication of said notice was in
COMISSIONERS
WELD i COUNTY,COLORADO the issue of newspaper, dated 5th day of
DATED: September 30,2005 October, 2005, and the last on the 5th day of
PUBLISHED: October 5,2005,in
the Fort Lupton Press October, 2005.
t �ub7is er. u stet a sworn a ore me, this the
RnRi 'n 2nd day of October, 2005.
R ? I i <
r r7,';''-76-(9 CO(0.1D 461071d
Notary u ic.
Iaci-C C-P CASE NO.370207 key 20630
WELD COUNTY
CODE ORDINANCE 2005-10
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14
HEALTH AND ANIMALS, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld,State of 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, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld,including
the codification of all previously adopted ordinances of a general and permanent nature enacted on
or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld,State of Colorado,that Chapter 14 Health and Animals,of the Weld County Code,
be, and hereby is, repealed and re-enacted,with the addition of Article VI, Rules and Regulations
for Methamphetamine Laboratory Cleanup, to read as follows:
CHAPTER 14 HEALTH AND ANIMALS
ARTICLE VI
Rules and Regulations for Methamphetamine Laboratory Cleanup
Sec. 14-6-10. Authority and purpose.
Pursuant to Section 25-1-507(1)(h) and (j), C.R.S., the Department of Public Health and
Environment is authorized to enforce these regulations in Weld County. The purpose of these
regulations is to ensure that chemical contamination of properties from the manufacturing of
methamphetamine is cleaned, or the properties demolished, to prevent harm to subsequent
occupants,visitors and users of the properties,and users of neighboring properties,and to protect
the environment.
Sec. 14-6-20. Definitions.
As used herein,the definitions adopted in Section 25-18.5-101,C.R.S.,relating to Illegal Drug
Laboratories, and definitions adopted by the Colorado State Board of Health in 6 CCR 1014-3,
Section 3.0 relating to Regulations Pertaining to the Cleanup of Methamphetamine Laboratories,are
hereby adopted by reference. In addition, the following definitions are adopted:
Certificate of Compliance means an official document that will be recorded with the Weld
County Clerk and Recorder. The document is intended to rectify a Certificate of
Non-Compliance once a property has met the cleanup conditions stated herein.
Certificate of Non-compliance means an official document that will be recorded with the
Weld County Clerk and Recorder when a property has failed to comply with this regulation.
Closure Placard means a sign posted on a property, or a portion of a property, by the
Department which indicates that no person may lawfully occupy or use a property, except
for the purpose of decontamination or demolition.
Consultant means an Industrial Hygienist as defined in Section 24-30-1402, C.R.S.
Contractor means one or more individuals or commercial entities hired to perform the
cleanup and/or remediation of the contaminated property,in accordance with 6 CCR 1014-3.
The Department may establish qualification requirements for cleanup contractors.
Department means the Weld County Department of Public Health and Environment, or its
authorized agents and employees.
Fit for Use means a designation by the Department that a property, or a portion of a
property, has been decontaminated or demolished in accordance with these regulations,
and cleanup levels required by 6 CCR 1014-3 have been achieved, and all applicable fees
have been paid.
Imminent Health Hazard means a condition that requires immediate corrective action to
prevent endangerment of public health.
Initial Observation means a determination by a qualified law enforcement officer that a
property may be contaminated by chemicals from the manufacturing of methamphetamine.
Personal Property means any property that is not real property, including but not limited to:
vehicles, clothing, appliances, furniture, and electronics.
Preliminary Assessment means a documented evaluation of a property by a consultant to
determine the current condition,including the nature and extent of observable and detectable
contamination, chemical storage and disposal.
Unfit for Use means a designation by the Department that a property, or a portion of a
property, has not been decontaminated in accordance with these regulations, or has
contaminant levels from the manufacturing of methamphetamine in excess of those
specified in 6 CCR 1014-3,or appropriate fees have not been paid, and may not be used or
occupied, except for the purpose of decontamination or demolition.
Work Plan means a plan written by a consultant of the actions planned to decontaminate
a property contaminated by the manufacturing of methamphetamine.
Sec. 14-6-30. Powers and duties.
The Department shall have the power and authority to administer these regulations, and
may:
A. Make appropriate investigations,inspections,reviews,and evaluations regarding any
property reasonably believed to have chemical contamination from the
manufacturing of methamphetamine.
B. Place closure placards on a contaminated property.
C. Issue notices and orders to a property owner to decontaminate or demolish a
property in accordance with these regulations, and in accordance with
6 CCR 1014-3.
D. Issue permits and charge fees as approved by the Board of County Commissioners
to implement these regulations.
E. Provide oversight of decontamination activities required in accordance with these
regulations.
F. Deny, suspend, or revoke a decontamination permit of any person who fails to
comply with the requirements of these regulations.
G. Order the closure of any property that fails to meet any requirement of these
regulations.
H. Establish qualifications for contractors and consultants.
These powers and duties shall pertain to properties located in both incorporated and
unincorporated areas of Weld County,unless the municipal governing authority has
internal statutes and/or procedures. The municipal governing authority may opt to
utilize the Department for the final 'fit for use' determination.
Sec. 14-6-40. Decontamination/demolition.
A. The Department shall require the owner of a property to restore it to a condition that
is fit for use by either decontamination or demolition at the option of the property
owner.
B. A property owner shall cause his property to be fit for use by either decontamination
or demolition in accordance with these regulations, 25-18.5-103, C.R.S., and
6 CCR 1014-3.
C. Decontamination of properties shall be conducted within the time lines outlined in
this Section of the Code,and shall not exceed six months after notification has been
served to the property owner in accordance with these regulations.
D. A property owner who chooses to cause his property to be fit for use by demolition
shall complete such demolition within thirty (30) days following notice by the
Department that the property is unfit for use, or within such additional time as may
be approved by the Department upon written request of the property owner.
E. The processing of a property used for the manufacturing of methamphetamine by
law enforcement does not constitute decontamination.
F. No personal property, as defined in these regulations, may be removed from the
structure unless it will be disposed or appropriately decontaminated in accordance
with 6 CCR 1014-3.
Sec. 14-6-50. Procedures.
A. Contaminated Property Reports.
1. Law enforcement agencies are encouraged to report properties known or
suspected of being contaminated by the manufacturing of methamphetamine
to the Department.
2. If a property owner knows, or reasonably suspects, that his property has
been used in the manufacturing of methamphetamine,the owner shall report
the potentially contaminated property, along with his name and address,and
all other owners' names and addresses, to the Department.
3. Any person who knows, or reasonably suspects, that a property has been
used in the manufacturing of methamphetamine may file a report with the
Department.
4. Before taking any other action with regard to such a report filed by a property
owner or any other person,the Department shall forward the information to
the appropriate law enforcement agency. The Department shall only
proceed after the law enforcement agency has completed its investigation.
B. Closure Placards. Within 24 hours upon receipt of notification the Department will
post a closure placard, a copy of which is marked Appendix A, and incorporated
herein by reference, or request the appropriate law enforcement agency to post a
closure placard, on a property when the initial observation by a law enforcement
agency has verified that the property was used for the manufacturing of
methamphetamine and is, therefore, potentially harmful to human health. Each
exterior doorway of the property,or other appropriate place on the property,shall be
posted with closure placards.
1. Entry of any property posted with a closure placard is restricted to:
a. The property owner.
1) Owners of personal property contained within a property
posted with a closure placard shall notify the owner of the real
property before entering.
b. The consultant.
c. Decontamination or demolition contractor personnel.
d. Department or law enforcement, in the performance of their official
duties.
2. Any person entering a property posted with a closure placard shall wear
appropriate personal protective equipment to protect from inhalation and
dermal contamination.
a. Prior to entering a property posted with a closure placard,every effort
should be made to allow the structure to air out.
b. Any person entering a property posted with a closure placard does
so at his/her own risk. The Department takes no responsibility for
any injury incurred at any time by any person entering a property
posted with a closure placard.
3. A closure placard shall display the following information:
a. Any special prohibitions or conditions in effect.
b. The address of the posted site.
c. The name and telephone number of the Department.
d. That removal of any items from the property is prohibited,except as
allowed by this Section of the Weld County Code.
4. When closure placards are posted,the Department shall immediately notify
the property owner, by certified mail, that the property is unfit for use and
order the owner to comply with Section 25-18.5-103(1), C.R.S., by either
decontamination or demolition of the property at the option of the property
owner.
5. The Department may take additional measures to ensure that access to the
property is secured,including but not limited to,requiring perimeter fencing.
These security measures shall remain in place until the Department has
made a determination that the property is fit for use, or until the property is
demolished.
C. Preliminary Assessment.
1. Within thirty (30) days following receipt of a compliance order from the
Department, the property owner shall either demolish said property, or
submit a preliminary assessment prepared by a consultant in accordance
with 6 CCR 1014-3. The preliminary assessment shall be used by the
Department to determine if the property is fit for use, or unfit for use.
a. If the preliminary assessment reasonably indicates that contaminant
levels do not exceed clean-up levels specified in 6 CCR 1014-3,the
Department shall designate the property fit for use, the closure
placards shall be removed,and no further action shall be taken. The
property owner shall receive written notice of this determination,
along with other governing agencies, as applicable, and this notice
will be kept on file at the Department.
1) A fee will be assessed for review of the preliminary
assessment. If the resulting determination warrants clean
up, this fee may be applied towards the Decontamination
Permit fee.
b. If the preliminary assessment reasonably indicates that contaminant
levels do exceed clean-up levels specified in 6 CCR 1014-3, the
Department shall notify the property owner that a work plan prepared
by the property owner's consultant in accordance with
Section 25-18.5-103(1), C.R.S., shall be submitted to the
Department.
D. Work Plan. When notified of the requirement for a work plan, the property owner
shall submit the work plan to the Department within fifteen (15) days, except that,
when one or more imminent health hazards have been identified by the Department,
the work plan or other emergency action may be required sooner than fifteen (15)
days. The Department may also extend the deadline for a work plan provided there
is no substantially increased threat to public health.
1. The Department shall approve the work plan before issuing a
decontamination permit for the property.
2. If deemed necessary by the Department, modifications to the work plan may
be ordered. The Department shall approve any modifications to the work
plan prior to implementation.
E. Decontamination Permit.
1. The Department shall require a permit for the decontamination of any
property contaminated by the manufacturing of methamphetamine.
2. A decontamination permit shall only be issued after the Department receives
a preliminary assessment, an approved work plan, a completed permit
application, and the applicable fee from the property owner.
3. The decontamination permit fee shall cover a one-time review,approval and
inspection process as follows:
a. Approval of the work plan.
b. Review of the final report.
c. A final property inspection.
4. Additional Services. Additional reviews, inspections, re-inspections, or
requests for Department services will result in additional hourly fees as
authorized by the Board of County Commissioners.
F. Final Report. A final report prepared by a consultant shall be submitted by the
property owner to the Department following completion of the decontamination. The
final report shall be prepared in accordance with the requirements of 6 CCR 1014-3.
The Department shall review the final report and conduct a final property inspection
to determine whether the property is fit for use, or unfit for use. The Department
may require additional testing in order to make this determination. The Department
shall maintain the final report for a period of five years.
G. Determination.
1. Fit for use.
a. The Department shall determine the property is fit for use if it has
been decontaminated in accordance with these regulations and the
requirements of 6 CCR 1014-3, and all fees have been paid.
b. After a property has been determined to be fit for use, Department
placards shall be removed from the property and the
decontamination permit finalized indicating that the property is fit for
use. The decontamination permit will be forwarded to the property
owner and copies sent to other local governing agencies as
appropriate.
2. Unfit for use.
a. The Department shall determine that the property is unfit for use if it
has not been decontaminated in accordance with these regulations
or the requirements of 6 CCR 1014-3, or if applicable fees have not
been paid.
b. If it is determined that the property is unfit for use, it shall remain
closed until decontamination or demolition is complete.
c. If the property owner contests a Department determination that a
property is unfit for use, the owner may have the consultant submit
a re-evaluation based on the original work plan,in order to come into
compliance with the applicable requirements. The Department will
then re-evaluate its determination.
d. If the property is determined to be unfit for use after re-evaluation, a
new work plan must be submitted by the consultant detailing how the
property will be brought into compliance. An additional service fee
will be assessed.
3. A determination by the Department that a property meets the requirements
of these regulations,and 6 CCR 1014-3,does not supersede the regulatory
authority of other local, state, or federal agencies which may also have
required closure of the property.
Sec. 14-6-60. Property owner responsibilities.
When the Department closes a property, the property owner shall use reasonable means
to keep the property secured against entry or occupancy by anyone, except as provided by these
regulations, until such time as the Department determines that the property is fit for use, or the
property is demolished. If the property owner does not maintain the security of the property, the
Department may use any reasonable means to secure it and may charge any costs incurred to the
owner.
Sec. 14-6-70. Enforcement.
A. Department inspections may be made with the consent of the property owner,
occupant, or other responsible person. If consent is not granted, a search may be
made pursuant to a search warrant issued by a court of competent jurisdiction.
B. If the Department has inspected a property and determined that the property owner
is in violation of these regulations, or has reasonable grounds to believe that the
property owner is in violation of these regulations, the Department shall issue an
appropriate notice and order to the property owner.
C. A notice and order issued by the Department shall:
1. Describe the property where the violation has occurred, and the owner or
owners of the property.
2. Identify the violation(s) according to one or more sections of these
regulations.
3. Identify the requirement(s) to achieve compliance with these regulations.
4. Set a reasonable time period for the property owner or owners to achieve
compliance.
5. Any administrative hearing would be held in accordance with Section 2-4-50
of the Weld County Code.
D. The Department shall serve a notice and order by Certified Mail to the last known
address of the property owner. Other methods of service may be substituted if
reasonably calculated to give actual notice to the owner of the property.
E. If the property owner fails to comply with the order,and no appeal has been properly
filed, the Department may file in the office of the County Clerk and Recorder a
Certificate of Non-Compliance describing the property and certifying that the property
is in violation of Department regulations as set forth in a notice and order. If a
Certificate of Non-Compliance is filed, and subsequently, all violations have been
corrected, and all fees have been paid, the Department shall file a Certificate of
Compliance with the County Clerk and Recorder certifying that the violations
described in the notice and order have been corrected.
F. Within five(5)working days after a property owner has received a notice and order,
he may request in writing an administrative hearing with the Weld County Health
Officer. An appeal may be filed to contest the specific terms of the notice and order
or contest the underlying basis for the notice and order. If the Department does not
receive the written request for an administrative hearing within the five(5)working
days, the notice and order is final and may not be appealed to any administrative
entity or court.
G. Any person conducting any activity, operation, or condition in violation of these
regulations,who after being ordered to abate, correct, or discontinue such activity,
operation or condition, continues in violation of the order may be prosecuted
pursuant to the provisions of Sections 16-13-307, C.R.S., and 16-13-305(1)(f),
C.R.S., as a Class 3 Public Nuisance.
H. Each day any violation of these regulations is committed or permitted to continue
shall constitute a separate violation.
Upon approval by the Board of County Commissioners,the Department may file suit,
or request criminal prosecution through the Office of the District Attorney, or
otherwise as provided by law, for injunctive relief, imposition of civil or criminal
sanctions, collection of fees, and such other relief as is provided by law to correct
any condition that exists in violation of these regulations.
J. In addition to any penalties imposed by a court of competentjurisdiction, any person
found guilty of violating a provision of these regulations shall be liable for all expenses
incurred by the Department in removing or abating any nuisance condition caused
by the violation, including administrative fees that the Board of County
Commissioners may adopt.
K. The regulations set forth in this Article 6 of Chapter 14 of the Weld County Code
shall apply in all areas of Weld County, including, but not limited to, within
incorporated municipalities, unless such municipality has adopted regulations
regarding the same subject and no less strict than those herein set forth.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub-sections as they currently exist within said Code;and to resolve any inconsistencies regarding
capitalization,grammar,and numbering or placement of chapters,articles,divisions,sections,and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
NOTICE
PURSUANT to the Weld County Home Rule Charter,Ordinance Number2005-10 published above,
was introduced and,on motion duly made and seconded,approved upon first reading on September
7,2005. A public hearing and second reading is scheduled to be held in the Chambers of the Board,
First Floor Hearing Room,915 10th Street,Greeley,Colorado 80631,on September 26,2005. All
persons in any manner interested in the reading of said Ordinance are requested to attend and may
be heard.
Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax
(970)352-0242, prior to the day of the hearing if,as the result of a disability,you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners,located in the Weld County Centennial Center,Third Floor,915 10th Street,
Greeley, Colorado, between the hours of 8:00 a.m.and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail
correspondence into the case file, please send a copy to charding@co.weld.co.us.
SECOND READING: September 26, 2005, at 9:00 a.m.
THIRD READING: October 17, 2005, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 9, 2005
PUBLISHED: September 14, 2005, in the Fort Lupton Press
this ure lac. PROOF OF PUBLICATION
WELD COUNTY ClosurePlacard means a sign
posted a on a rty, Department p portion FORT LUPTON
CODE ORDINANCE 2005-10 of property,property,by the orporno
IN THE MATTER OF REPEALING TH which y indicates r person may STATE OF COLORADO
AND N M REENACTING,HA,WITH lawfully r e use ar ose of
AMENDMENTS,CHAPTER 14 except for the purpose of
HEALTH AND ANIMALS,OF THE decontamination or demolition. COUNTY OF WELD SS.
WELD COUNTY CODE Consultant means an Industrial
Hygienist as defined in Section
BE IT ORDAINED BY THE 24888209;30‑1402,C.R.S.
BOARD OF COUNTY
COMMISSIONERS OOF THE individuals meansor one more I, Karen Lambert, do solemnly swear that
COUNTY WELD, STATE OF Contra individuals commercial entities
COLORADO: hired to perform the cleanup and/or
remediation of the contaminated am the Publisher of the Fort Lupton Press;
WHEREAS, the Board of County property, in accordance with 6 that the same is a weekly newspaper printed
Commissioners of the County of CCR 1014888209;3. The
Weld,State of Colorado,pursuant Department may establish
to Colorado statute and the Weld qualification requirements for and published in the County of Weld, State
County Home Ruleauthority of cleanup contractors.
of Colorado, and has a general circulation
administering the affairs of Weld Department means the Weld
County,Colorado,and County Department of Public therein; that said newspaper has been
Health and Environment, or its
WHEREAS, the Board of County authorized agents and employees. published continuously and uninterruptedly
Commissioners,on December 28,
2000,adopted Weld County Code Fit for Use means a designation by in said county of Adams for a period of more
Ordipce 2 enacting a the Department of athat a property, n than fifty-two consecutive weeks prior to the
ancomprehensive Code for the portion a property,a has been
Cof of Weld, including the decontaminated ordemolished regul in
, first publication of the annexed legal notice
adot,codification a all a general accordance with these regulations,
adopted ordinances of a general and cleanup levels required by 6
and permanent nature enacted on CCR 8209;3 have been or advertisement; that said newspaper has
or before said date of adoption, achieved, and and all applicable fees and have been paid. been admitted to the United States mails as
WHEREAS, the Weld County Imminent Health Hazard means a second-class matter under the provisions of
Code is in need of revision and condition that requires immediate O
clarification with regard to corrective action to prevent the act of March 3, 1879, or any
procedures, terms, and endangerment of public health.
requirements therein. Initial Observation means a amendments thereof, and that said
determination by a qualified law
NOW, THEREFORE, BE IT enforcement officer that a property newspaper is a weekly newspaper duly
ORDAINED by the Board of may be contaminated by chemicals
County Commissioners of the from the manufacturing of qualified for publishing legal notices and
County
d,14 Health and State r methamphetamine.
thatChapter advertisements within the meaning of the
Animals,of the Weld County Code, Personal Property means any laws of the State of Colorado. That the
be, and hereby is, repealed and property that is not real property,
re-enacted, with the addition of including but not limited to:
Article VI, Rules and Regulations vehicles, clothing, appliances, annexed legal notice or advertisement was
for Methamphetamine Laboratory fumiture,and electronics.
Cleanup,to read as follows: published in the regular and entire issue of
Preliminary Assessment means a
CHAPTER 14 HEALTH AND documented evaluation of a every number of said weekly newspaper for
ANIMALS property by a consultant to the period of 1 consecutive insertion(s); and
ARTICLE VI determine the current condition,
Rules and Regulations for including the nature and extent of that the first publication of said notice was in
Rules Methamphetamlne Laboratory observable and detectable
Cleanup contamination, chemical storage
Sec. 14‑68#8209;10. and disposal. the issue of newspaper, dated 14th day of
Authority and purpose. September, 2005, and the last on the 14th
Pursuant to Section Unfit for Use means a designation
258#8209:18#8209;507(1)(h) and by the Department that a property, day of September, 2005.
0), C.R.S., the Department of or a portion of a property,has not
Public Health and Environment is been decontaminated in
authorized to enforce these accordance with these regulations,
regulations in Weld County. The or has contaminant levels from the
purpose of these regulations is to manufacturing of
ensure that chemical methamphetamine in excess of
contamination of properties from those specified in 6 CCR
the manufacturing of 1014&48209;3,or appropriate fees
methamphetamine is cleaned, or have not been paid, and may not
the properties demolished, to be used or occupied,except for the
prevent harm to subsequent purpose of decontamination or
occupants, visitors and users of demolition.
the properties, and users of
neighboring properties, and to Work Plan means a plan written by
protect the environment. a consultant of the actions planned
to decontaminate a property
Sec. 14‑68#8209;20. contaminated by the manufacturing
Definitions. of methamphetamine.
As used herein, the definitions
adopted in Section Sec. 14‑68#8209;30.
25888209;18.58#8209;101, Powers and duties.
C.R.S., relating to Illegal Drug The Department shall have the
Laboratories, and definitions power and authority to administer
adopted by the Colorado State these regulations,and may:
Board of Health in 6 CCR A.Make appropriate investigations,
1014888209;3,Section 3.0 relating inspections, reviews, and u Its er. Subscribed and sworn before me, this the
to Regulations Pertaining to the evaluations regarding any property
Cleanup of Methamphetamine reasonably believed to have 14th day of September, 2005.
Laboratories, are hereby adopted chemical contamination from the
by reference. In addition, the manufacturing of
following definitions are adopted: methamphetamine.
Certificate of Compliance means B. Place closure placards on a
an official document that will be contaminated property.
Clreerk d with the Weld Couety C. Isst, e and onta n a
/� _ ��^
Clerk and Recorder.The document of property owner to decontaminate L �Th,
is intended to rectify a Certificate of or demolish a property in
Non‑Compliance once a accordance with these regulations, otary Public.
property has met the cleanup and in accordance with 6 CCR
conditions stated herein. 1014888209;3.
D. Issue permits and charge fees
Certificate of as approved by the Board of
Non‑compliance means an County Commissioners to
official document that will be implement these regulations.
recorded with the Weld County E. Provide oversight of
Clerk and Recorder when a decontamination activities requireldi
property has failed to comply with in accordance with these / / CASE NO.370207 key 19684
regulations. observation by a law enforcement property fit for use, the closure period of five years.
F. Deny, suspend, or revoke a agency has verified that the placards shall be removed,and no
decontamination permit of any property was used for the further action shall be taken. The G.Determination.
person who fails to comply with the manufacturing of property owner shall receive
requirements of these regulations. methamphetamine and is, written notice of this determination, 1.Fit for use.
G. Order the closure of any therefore, potentially harmful to along with other governing
property that fails to meet any human health. Each exterior agencies, as applicable, and this a.The Department shall determine
requirement of these regulations. doorway of the property, or other notice will be kept on file at the the property is fit for use if it has
H. Establish qualifications for appropriate place on the property, Department. been decontaminated in
contractors and consultants. shall be posted with closure accordance with these regulations
I. These powers and duties shall placards. 1) A fee will be assessed for and the requirements of 6 CCR
pertain to properties located in 1. Entry of any property posted review of the preliminary 1014‑3, and all fees have
both incorporated and with a closure placard is restricted assessment. If the resulting been paid.
unincorporated areas of Weld to: determination warrants clean up,
County, unless the municipal this fee may be applied towards b. After a property has been
governing authority has internal a.The property owner. the Decontamination Permit fee. determined to be fit for use,
statutes and/or procedures. The Department placards shall be
municipal governing authority may 1) Owners of personal property b. If the preliminary assessment removed from the property and the
opt to utilize the Department for the contained within a property posted reasonably indicates that decontamination permit finalized
final'fit for use'determination. with a closure placard shall notify contaminant levels do exceed indicating that the property is fit for
the owner of the real property clean‑up levels specified in use. The decontamination permit
Sec.148#8209;6‑40. before entering. 6 CCR 1014‑3, the will be forwarded to the property
Decontamination/demolition. Department shall notify the owner and copies sent to other
A. The Department shall require b.The consultant. property owner that a work plan local governing agencies as
the owner of a property to restore it prepared by the property owners appropriate.
to a condition that is fit for use by c. Decontamination or demolition consultant in accordance with
either decontamination or contractor personnel. Section 2.Unfit for use.
demolition at the option of the 25‑18.58#8209;103(1),
property owner. d.Department or law enforcement, C.R.S., shall be submitted to the a.The Department shall determine
B. A property owner shall cause in the performance of their official Department. that the property is unfit for use if it
his property to be fit for use by duties. has not been decontaminated in
either decontamination or D.Work Plan.When notified of the accordance with these regulations
demolition in accordance with 2.Any person entering a property requirement for a work plan, the or the requirements of 6 CCR
these regulations, posted with a closure placard shall property owner shall submit the 1014‑3, or if applicable
258#8209;18.5‑:103, wear appropriate personal work plan to the Department within fees have not been paid.
C.R.S.,and 6 CCR 10148#8209;3. protective equipment to protect fifteen(15)days,except that,when
C. Decontamination of properties from inhalation and dermal one or more imminent health b. If it is determined that the
shall be conducted within the time contamination. hazards have been identified by property is unfit for use, it shall
lines outlined in this Section of the the Department, the work plan or remain closed until
Code, and shall not exceed six a. Prior to entering a property other emergency action may be decontamination or demolition is
months after notification has been posted with a closure placard, required sooner than fifteen (15) complete.
served to the property owner in every effort should be made to days. The Department may also
accordance with these regulations. allow the structure to air out. extend the deadline for a work plan c.If the property owner contests a
D.A property owner who chooses provided there is no substantially Department determination that a
to cause his property to be fit for b.Any person entering a property increased threat to public health. property is unfit for use,the owner
use by demolition shall complete posted with a closure placard does may have the consultant submit a
such demolition within thirty (30) so at his/her own risk. The 1. The Department shall approve re8#8209;evaluation based on the
days following notice by the Department takes no responsibility the work plan before issuing a original work plan,in order to come
Department that the property is for any injury incurred at any time decontamination permit for the into compliance with the applicable
unfit for use, or within such by any person entering a property property. requirements.The Department will
additional time as may be posted with a closure placard. then re8#8209;evaluate its
approved by the Department upon 2. If deemed necessary by the determination.
written request of the property 3. A closure placard shall display Department, modifications to the
owner. the following information: work plan may be ordered. The d. If the property is determined to
E. The processing of a property Department shall approve any be unfit for use after
used for the manufacturing of a. Any special prohibitions or modifications to the work plan prior re8#8209;evaluation, a new work
methamphetamine by law conditions in effect. to implementation. plan must be submitted by the
enforcement does not constitute consultant detailing how the
decontamination. b.The address of the posted site. E.Decontamination Permit. property will be brought into
F. No personal property, as compliance. An additional service
defined in these regulations, may c. The name and telephone 1.The Department shall require a fee will be assessed.
be removed from the structure number of the Department. permit for the decontamination of
unless it will be disposed or any property contaminated by the 3. A determination by the
appropriately decontaminated in d.That removal of any items from manufacturing of Department that a property meets
accordance with 6 CCR the property is prohibited, except methamphetamine. the requirements of these
10148#8209;3. as allowed by this Section of the regulations, and 6 CCR
Weld County Code. 2. A decontamination permit shall 10148#8209;3, does not
Sec. 14‑68#8209;50. only be issued after the supersede the regulatory authority
Procedures. 4. When closure placards are Department receives a preliminary of other local, state, or federal
A.Contaminated Property Reports. posted, the Department shall assessment, an approved work agencies which may also have
1. Law enforcement agencies are immediately notify the property plan, a completed permit required closure of the property.
encouraged to report properties owner, by certified mail, that the application,and the applicable fee
known or suspected of being property is unfit for use and order from the property owner. Sec. 148#8209;68#8209;60.
contaminated by the manufacturing the owner to comply with Section Property owner responsibilities.
of methamphetamine to the 258#8209;18.58#8209;103(1), 3.The decontamination permit fee When the Department closes a
Department. C.R.S., by either decontamination shall cover a one‑time property,the property owner shall
2. If a property owner knows, or or demolition of the property at the review, approval and inspection use reasonable means to keep the
reasonably suspects, that his option of the property owner. process as follows: property secured against entry or
property has been used in the occupancy by anyone, except as
manufacturing of 5. The Department may take a.Approval of the work plan. provided by these regulations,until
methamphetamine,the owner shall additional measures to ensure that such time as the Department
report the potentially contaminated access to the property is secured, b.Review of the final report. determines that the property is fit
property,along with his name and including but not limited to, for use, or the property is
address, and all other owners' requiring perimeter fencing.These P.A final property inspection. demolished. If the property owner
names and addresses, to the security measures shall remain in does not maintain the security of
Department. place until the Department has 4. Additional Services. Additional the property,the Department may
3. Any person who knows, or made a determination that the reviews, inspections, use any reasonable means to
reasonably suspects, that a property is fit for use, or until the re8#8209;inspections,or requests secure it and may charge any
property has been used in the property is demolished. for Department services will result costs incurred to the owner.
manufacturing of in additional hourly fees as
methamphetamine may file a C.Preliminary Assessment. authorized by the Board of County Sec. 148#8209;68#8209;70.
report with the Department. Commissioners. Enforcement
4. Before taking any other action 1.Within thirty(30)days following A.Department inspections may be
with regard to such a report filed by receipt of a compliance order from F. Final Report. A final report made with the consent of the
a property owner or any other the Department, the property prepared by a consultant shall be property owner,occupant,or other
person, the Department shall owner shall either demolish said submitted by the property owner to responsible person. If consent is
forward the information to the property, or submit a preliminary the Department following not granted, a search may be
appropriate law enforcement assessment prepared by a completion of the decontamination. made pursuant to a search warrant
agency.The Department shall only consultant in accordance with 6 issued by a court of competent
proceed after the law enforcement CCR 10148#8209;3. The The final report shall be prepared jurisdiction.
agency has completed its preliminary assessment shall be in accordance with the
investigation. used by the Department to requirements of 6 CCR B.If the Department has inspected
B. Closure Placards. Within 24 determine if the property is fit for 10148#8209;3. The Department a property and determined that the
hours upon receipt of notification use,or unfit for use. shall review the final report and property owner is in violation of
the Department will post a closure conduct a final property inspection these regulations, or has
placard,a copy of which is marked a. If the preliminary assessment to determine whether the property reasonable grounds to believe that
Appendix A, and incorporated reasonably indicates that is fit for use, or unfit for use.The the property owner is in violation of
herein by reference,or request the contaminant levels do not exceed Department may require additional these regulations,the Department
appropriate law enforcement clean8#8209;up levels specified in testing in order to make this shall issue an appropriate notice
agency to post a closure placard, 6 CCR 10148#8209;3, the determination. The Department and order to the property owner.
on a property when the initial Department shall designate the shall maintain the final report for a CASE NO.370207 key 19684
C.A notice and order issued by the administrative fees that the Board COMMISSIONERS
Department shall: of County Commissioners may WELD COUNTY,COLORADO
1.Describe the property where the adopt. DATED:September 9,2005
violation has occurred, and the PUBLISHED:September 14,2005,
owner or owners of the property. K.The regulations set forth in this in the Fort Lupton Press
2. Identify the violation(s) Article 6 of Chapter 14 of the Weld
according to one or more sections County Code shall apply in all
of these regulations. areas of Weld County, including,
3. Identify the requirement(s) to but not limited to, within
achieve compliance with these incorporated municipalities,unless
regulations. such municipality has adopted
4.Set a reasonable time period for regulations regarding the same
the property owner or owners to subject and no less strict than
achieve compliance. those herein set forth.
5. Any administrative hearing
would be held in accordance with BE IT FURTHER ORDAINED by
Section 2‑48#8209;50 of the Board that the Clerk to the
the Weld County Code. Board be, and hereby is, directed
to arrange for Colorado Code
D. The Department shall serve a Publishing to supplement the Weld
notice and order by Certified Mail County Code with the amendments
to the last known address of the contained herein, to coincide with
property owner.Other methods of chapters, articles, divisions,
service may be substituted if sections,and sub8#8209;sections
reasonably calculated to give as they currently exist within said
actual notice to the owner of the Code; and to resolve any
property. inconsistencies regarding
capitalization, grammar, and
E. If the property owner fails to numbering or placement of
comply with the order, and no chapters, articles, divisions,
appeal has been properly filed,the sections,and sub-sections in said
Department may file in the office of Code.
the County Clerk and Recorder a
Certificate of BE IT FURTHER ORDAINED by
Non‑Compliance the Board if any section,
describing the property and subsection, paragraph, sentence,
certifying that the property is in clause,or phrase of this Ordinance
violation of Department regulations is for any reason held or decided to
as set forth in a notice and order.If be unconstitutional, such decision
a Certificate of shall not affect the validity of the
Non‑Compliance is filed, remaining portions hereof. The
and subsequently, all violations Board of County Commissioners
have been corrected,and all fees hereby declares that it would have
have been paid, the Department enacted this Ordinance in each
shall file a Certificate of and every section, subsection,
Compliance with the County Clerk paragraph, sentence, clause, and
and Recorder certifying that the phrase thereof irrespective of the
violations described in the notice fact that any one or more sections,
and order have been corrected. subsections, paragraphs,
sentences, clauses, or phrases
F. Within five (5) working days might be declared to be
after a property owner has unconstitutional or invalid.
received a notice and order, he
may request in writing an NOTICE
administrative hearing with the
Weld County Health Officer. An PURSUANT to the Weld County
appeal may be filed to contest the Home Rule Charter, Ordinance
specific terms of the notice and Number 2005-10 published above,
order or contest the underlying was introduced and, on motion
basis for the notice and order. If duly made and seconded,
the Department does not receive approved upon first reading on
the written request for an September 7, 2005. A public
administrative hearing within the hearing and second reading is
five (5) working days, the notice scheduled to be held in the
and order is final and may not be Chambers of the Board,First Floor
appealed to any administrative Hearing Room, 915 10th Street,
entity or court. Greeley, Colorado 80631, on
September 26,2005.All persons in
G. Any person conducting any any manner interested in the
activity, operation, or condition in reading of said Ordinance are
violation of these regulations,who requested to attend and may be
after being ordered to abate, heard.
correct, or discontinue such
activity, operation or condition, Please contact the Clerk to the
continues in violation of the order Board's office at phone (970)
may be prosecuted pursuant to the 336-7215, Extension 4225, or fax
provisions of Sections (970)352-0242,prior to the day of
168#8209;138#8209;307, C.R.S., the hearing if, as the result of a
and disability, you require reasonable
168,48209;13898209:305(1)(f), accommodations in order to
C.R.S., as a Class 3 Public participate in this hearing.
Nuisance.
Any backup material, exhibits or
H.Each day any violation of these information previously submitted to
regulations is committed or the Board of County
permitted to continue shall Commissioners concerning this
constitute a separate violation. matter may be examined in the
office of the Clerk to the Board of
I. Upon approval by the Board of County Commissioners,located in
County Commissioners, the the Weld County Centennial
Department may file suit, or Center, Third Floor, 915 10th
request criminal prosecution Street, Greeley, Colorado,
through the Office of the District between the hours of 8:00 a.m.
Attomey,or otherwise as provided and 5:00 p.m.,Monday thru Friday,
by law, for injunctive relief, or may be accessed through the
imposition of civil or criminal Weld County Web Page
sanctions, collection of fees, and (www.co.weld.co.us). E-Mail
such other relief as is provided by messages sent to an individual
law to correct any condition that Commissioner may not be included
exists in violation of these in the case file. To ensure
regulations. Inclusion of your E-Mall
correspondence Into the case
J. In addition to any penalties file, please send a copy to
imposed by a court of competent charding@co.weld.co.us.
jurisdiction,any person found guilty
of violating a provision of these SECOND READING: September
regulations shall be liable for all 26,2005,at 9:00 a.m.
expenses incurred by the THIRD READING: October 17,
Department in removing or abating 2005,at 9:00 a.m.
any nuisance condition caused by
the violation, including BOARD OF COUNTY CASE NO.370207 key 19684
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