HomeMy WebLinkAbout860758.tiff RESOLUTION
RE: SET HEARING DATE TO CONSIDER APPEAL OF HEALTH BOARD DECISION
- DANIEL K. AND JANET J. GIBBS
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, on July 23 , 1986 , the Board received a letter of
appeal from R. Russell Anson, attorney representing Daniel K. and
Janet J. Gibbs , concerning a decision by the Weld County Board of
Health, and
WHEREAS, pursuant to State statute, a hearing date must be
scheduled and the appeal heard within fifteen days of the receipt
of said appeal , and
WHEREAS, the Board deems it advisable to set a hearing to
consider said appeal on Wednesday, August 6 , 1986 , at 10 : 00 a .n:.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the hearing to
consider the appeal from R. Russell Anson , attorney representing
Daniel K. and Janet J. Gibbs , concerning a decision by the Weld
County Board of Health be , and hereby is , set for Wednesday,
August 6 , 1986 , at 10: 00 a.m,
The above and foregoing Resolution was, on motion duly made
and seconded , adopted by the following vote on the 28th day of
July, A.D. , 19B6 .
‘-nl� ^^^ T ��`�•
BOARD OF COUNTY COMMISSIONERS
ATTEST: v WELD COUNTY, COLORADO
Weld County Clerk and Recorder �� _ . ��, . �� tst „ rr- _
and Clerk to the Board CJa que % - do n-oP ,, Chairman
BY s G,-� . Lac l, ':,Ie em
D putt' County erk ,
APPRO ED AS TO FORM: ene R. Brat r
% 11:1 A
/ (C/� 7/�-�P/�'`.- C.W. ' by L . 2
County Attorney
Frank Yama chi
/ Lf 860758
WEST e< WINTERS n�/ r
cJlttotneys at lam
WILLIAM L. WEST UNITED PLAZA - SUITE 402
JERRY D. WINTERS 11OO TENTH STREET
P. O. BOX 127
R. RUSSELL ANSON
GREELEY. COLORADO 8O632
PHONE 303 352-4805
July 21, 1986 11^,'11 EMIT Mann
J'
Weld County Board
!,; JUL 2 31!986
Lin
of County Commissioners
Centennial Center GREELEY. COLO.
915 Tenth Street
Greeley, CO 80631
Re: Appeal of Daniel K. and
Janet J. Gibbs from Their
Denied Request for a Variance
from the Weld County Advisory
Board of Health
Dear Board Members:
This office represents Daniel and Janet Gibbs, and we are
requesting that the Weld County Board of County Commissioners
review our appeal of the decision of the Weld County Advisory
Board of Health denying a variance to Mr. and Mrs. Gibbs. The
decision of the Board of Health was made on June 24 , 1986 and is
contained in the letter dated July 8, 1986, from Wes Potter,
Director of Health Protection Services. The basis of our appeal
and the facts underlining the decisions of the Director of Health
Protection Services (a copy of that decision is attached) are
provided in the remaining text of this letter.
The request for the variance was made to the Weld County
Advisory Board of Health as a result of the attached letter from
Wes Potter to Mr. and Mrs. Gibbs dated May 22 , 1986 . We believe
that the requirements of the Director, concerning both the water
that is drained from the shower building and the use of portable
chemical toilets for temporarily occupied dwellings , are beyond
the scope and intent of the Regulations of the Health Department
and that the conditions at the site are such that the provisions
of the Regulations, as indicated by the Director, are unnecessary
to preserve the environment and protect the public health;
further , they are unnecessary to eliminate and control the causes
of disease, infection, and aerosol contamination; and are
unnecessary to reduce and control pollution of the air, land, and
water through the minimum standards as established by the
Regulations.
The first specific violation indicated by the Director ' s
letter on page two is:
Weld County Board
of County Commissioners
July 21, 1986
Page 2
(1 ) Allowing sewage (gray water ) from the shower
building to be discharged upon the surface of the ground.
The shower facility is a temporary use building for six to eight
weeks out of the year used by farm labor who live in seven
dwellings located on the property during the period of six to
eight weeks that they are working on Mr. Gibbs ' pickle farm. The
water that is drained from the shower building is simply the water
that the residents use for cleansing themselves. In citing the
Gibbs for violation of the Health Department Regulations ,
Mr. Potter cites Section 3 :1 of the Regulations and, in
particular, where it states : "Under no conditions shall sewage or
effluent be permitted to be discharged upon the surface of the
ground. " On page three of the Regulations "effluent" is defined
as "the liquid waste discharge from an individual sewage disposal
system. " This is not an individual sewage disposal system.
Therefore, the shower water cannot be considered effluent. We
also contend that the shower water cannot constitute "sewage, "
which is defined at Section 2 .53 of the Regulations as "a
combination of liquid waste which may include chemicals, house
waste, human excrement, animal or vegetable matter in suspension
or solution, and other solids in suspension or solution, and which
is discharged from a dwelling, building or other establishment. "
The second violation indicated by the Director is:
( 2 ) Not providing an adequate sanitary toilet and
sewage disposal system for the occupied buildings and mobile
home .
Again, these buildings are temporarily used by farm labor on
Mr. Gibbs ' farm for a period of six to eight weeks out of the
year. Mr. Potter cites Section 7 . 3 of the Regulations, which
states: "The use of portable chemical toilets in permanently
occupied buildings shall be prohibited except during the
construction or under emergency circumstances with the approval of
the health officer. " [emphasis added] As has been pointed out,
the use by Mr. Gibbs is a temporary use of six to eight weeks '
duration out of the year. The buildings are not permanently
occupied.
For Mr. Gibbs to be compelled to meet the requirements of the
Director of Health Protection Services would be economically
unfeasible and would require a discontinuance of his farming
operations as they now exist. Strict enforcement of the
regulations would cause undue hardship to Mr. and Mrs . Gibbs , and
a variance would not be injurious to public health. For the
foregoing reasons , we ask that this Board grant the variances as
Weld County Board
of County Commissioners
July 21, 1986
Page 3
requested and allow Mr Gibbs to continue his operation as it now
exists . Thank you for your consideration in this matter ..
Very truly yours,
WEST & WINTERS
•
R. Russell Anson
RRA/kt
pc: Mr. and Mrs . Gibbs
Lee Morrison, Assistant County Attorney
fili•C `rr'..)' MEMORAnDU
Wilk ,,,Board DateJllly 28 , 198E
COLORADO From Clerk to the Board' s Office
Appeal of Daniel K. and Janet J. Gibbs
subject -- ---- -- -----------..
A letter of appeal was received on July 23 , 1986 , from R. Russell
Anson, attorney representing Daniel K. and Janet 0 . Gibbs
concerning a decision by the Board of Health on June 24 , 1986 .
Pursuant to State statute, a hearing date must be scheduled and
this appeal must be heard within fifteen days of the receipt of
said appeal.
We suggest that the Board schedule this hearing for August E ,
1986 , at 10 : 00 a.m.
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d6C756
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