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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be, and hereby is, repealed and re-enacted,with the addition of Article VI, Rules and Regulations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:
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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:
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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.
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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.
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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.
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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
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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
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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.
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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 competent jurisdiction,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 existwithin 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.
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The above and foregoing Ordinance Number 2005-10 was, on motion duly made and
seconded, adopted by the following vote on the 17th day of October, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H. Jerke, Chair
Weld County Clerk to the Board
M. J. Geile, Pro-Tem
BY:
Deputy Clerk to the Board
David E. Long
APPROVED AS TO FORM:
Robert D. Masden
County Attorney
Glenn Vaad
First Reading: September 7, 2005
Publication: September 14, 2005, in the Fort Lupton Press
Second Reading: September 26, 2005
Publication: October 5, 2005, in the Fort Lupton Press
Final Reading: October 17, 2005
Publication: October 26, 2005, in the Fort Lupton Press
Effective: October 31, 2005
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Appendix A
WELD COUNTY DEPARTMENT
0 OF PUBLIC HEALTH AND/lAtENVIRONMENT
C.
' k 1555 N. 17`h Avenue • Greeley, CO 80631
(970)304-6415 • Fax (970)304-6411
COLORADO
DUE TO CHEMICAL CONTAMINATION FROM THE
MAUFACTURE OF METHAMPHETAMINE:
This building at , Weld County, Colorado
MAY BE HAZARDOUS TO HUMAN HEALTH AND IS
HEREBY ORDERED
♦•♦ CLOSED TO ENTRY •••
Except as provided in Chapter 14, Article VI, of the Weld County Code
SPECIAL CONDITIONS AND/OR PROHIBITIONS:
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