The URL can be used to link to this page

Browse Search

Home My WebLink About900839.tiff RESOLUTION RE: FINDINGS AND ORDER CONCERNING MOWING SERVICES - HAIKO EICHLER 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 the 12th day of September, 1990 , the Board considered the protest of Mr. Haiko Eichler for mowing services which were performed on his property to control or eradicate certain noxious weeds , and WHEREAS , the Board did deny said protest, as evidenced in the Findings and Order, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the protest_ of Mr. . Haiko Eichler be, and hereby is, denied. BE IT FURTHER RESOLVED by the Board that, pursuant to said denial of protest, Mr. Haiko Eichler is directed to pay the. sum of $178 .50 for the mowing services performed on his property. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 12th day of September, A.D. , 1990! / A ( A if BOARD COUNTY COMMISSIONERS ATTEST: Low,`: �✓. �( WELD UNTY, COL DO Weld County Clerk to the Board ene R. Brantner, Chairman BY i _ « < • - George Kennedy, Pro-Tem eputy Clerk to the Board / .A_i APPROVED AS TO FORM: i ance L. Harbert Atr .,-, - -� /' v C.W. Kirb / ,.< < >7 //� � ' f�4_,County Attorney — Go 900839 L iew FINDINGS AND ORDER OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO WHEREAS, on or about July 19 , 1990 , Mr. Haiko Eichler was mailed an itemized statement by certified mail by the Weld County Pest Inspector, Ronald J. Broda, for mowing services , pursuant to Section 35-5-1.08 (3) , C.R.S. , and WHEREAS, Mr. Eichler has protested the itemized statement, pursuant to Section 35-5-108 (4) , C.R.S. , by submitting to the Board of County Commissioners of Weld County a written protest which was received by the Board on or about August 14 , 1990 , and WHEREAS, Mr. Eichler' s protest was originally set for hearing before the Board of County Commissioners on September 5 , 1990 , but was continued to September 12 , 1990 , at Mr. Eichler' s :request. The Board, having heard the testimony of Haiko Eichler, Ronald J. Broda, and Bruce T. Barker, Assistant Weld County Attorney, MAKES THE. FOLLOWING FINDINGS : 1 . That: on May 8 , 1990 , Ronald J. Broda, Weld County Pest Inspector, mailed to Mr. Eichler a "Ten (10) Day Notice, " pursuant to Section 35-5-108 (1) , C.R.S. , which informed Mr. Eichler that Canada Thistle and Musk Thistle existed and needed to be controlled on property owned by Mr. Eichler and located in the Northwest Quarter of Section 32 , Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado. Said Notice required Mr. Eichler to mow the weeds prior to May 18 , 1990 . Said Notice also advised Mr. Eichler that if the mowing was not completed by May 18 , 1990 , Mr. Broda would ask the Board of County Commissioners to approve his entry upon the parcel to control or eradicate the noxious weeds, pursuant to Section 35-5-108 (2.) , C.R.S. , at Mr. Eichler' s expense, as provided by Section 35-5-108 (3) , C.R.S. 2. That; Mr. Eichler failed to perform said mowing prior to May 18 , 1990 . 9c 0933 3 . That: on May 25 , 1990 , the Board of County Commissioners authorized Mr. Broda' s Right of Entry onto the property owned by Mr. Eichler in order to perform the mowing of said noxious weeds . 4 . That: Mr. Broda contacted Mr. Eichler and his wife at least twice through mid-June. Mr. Eichler stated that he would control the Musk Thistle on his property. 5 . That: on June 26 , 1990 , Mr. Broda mailed a second Notice to Mr. Eichler, informing him that he must control all o£ the Musk Thistle on his property by either chemical spraying or by mowing by Friday, June 29 , 1990 . 6 . That: by July 11 , 1990 , Mr. Eichler had not yet sprayed or mowed said noxious weeds. Therefore, Mr. Broda arranged for Peregoy Sons Landscaping and Excavating to perform the mowing work. Mr. Fred Peregoy performed said work on July 11 , 1990 , and on July 13 , 1990 . A total of four (4) acres were mowed. The total mowing time was four (4) hours. 7. That: upon receiving a bill from Peregoy Sons Landscaping and Excavating for said mowing, Mr. Broda prepared an itemized statement dated July 19 , 1990, which included the following: 4 hours of mowing at $35. 00 per hour $140 . 00 Set up fee $ 30 . 00 58 Administrative fee $ 8 . 50 Total due $178 . 50 Said itemized statement was mailed by certified mail by Mr. Broda to Mr. Eichler. 8 . That: Mr. Eichler was informed at the start of said protest hearing that the issue presented, pursuant to Section 35-5-108 (4) , C.R.S. , was whether the itemized statement of expense was correct. 2 VA C/839 9 . That Mr. Eichler presented no testimony or evidence which proved that the itemized statement was incorrect. IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County, Colorado, that the itemized statement of expense for said mowing work shall remain $178 .50 . Mr. Eichler' s protest is denied. It is further ordered that Mr. Eichler must pay to the Weld County Treasurer the sum of $178 . 50 no later than thirty (30) days following the signing of this Order, pursuant to Section 35-5-108 (5) , C.R.S. This Findings and Order shall be filed with the Weld County Assessor. If Mr. Eichler does not pay the sum of $178.50 to the Weld County Treasurer within said thirty (30) day period, the Weld County Assessor is then Ordered, pursuant to Section 35-5-108 (5) , C.R.S. , to extend the amount of $178 . 50 upon the assessment and said sum shall thereby constitute a lien against the entire tract owned by Mr. Eichler and located in the Northwest Quarter of Section 32 , Township 4 North, Range 68 West of the 6th P.M. , Weld County, Colorado. DONE this 12th day of September, 1990. � � � 1 BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST: it/ /b&1/Ui� n BY: . ,cL l { �, L‹, ,,. � BY: J �C erk to the Boa id ene R. Bran ner, Chairman APPROVED AS TO FORM: -4 —r / .., Byl: / �� ! ,. .��-7- -7—,-,�_ eld County Attorney SC Cf339 3 NOTICE Pursuant to Section 35-5-108 (4) , Colorado Revised Statutes , as amended, notice is hereby given that a hearing will be held before the Board of County Commissioners of Weld County, Colorado , on the 5th day of September, 1990 , at or about 9 : 00 a.m. , in the First Floor Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, at which time the Board will hear the evidence upon the protest concerning the mowing services by the Weld County Pest and Weed Department. All interested persons should appear at said hearing and give testimony as to whether or not the mowing services by the Weld County Pest and Weed Department are satisfactory. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN COUNTY CLERK TO THE. BOARD BY: Shelly Miller, Deputy DATED: August 15 , 1990 900802 r,;, ,, 1 CI TO Tit i,•. , Pti . gsc,51-ak cj 8t&-br, c_ber Pv, eir iv) rluegko( decw-k-, LAThatE, vo4 a via; ) a Lk_ frn ki4j 2 ifi 0 pit Re Cam,Or, kre9ve4- (-2e4dAtAA.A.CULACC Douai 1p � C 47* a.� (yO LA , leVir C (91A G'370 'erAPACl// C�- Po`��/� j_ sac, � 3a) 900839 T. G : J Board of County`Coxnmissipners August 23rd, 1990 Weld County Colorado G}.= PO Box 758 -(C ,' - `- Greeley, Co 80632 Gentlemen: In preparation for my hearing scheduled for September 5th, 1990 I would like to request the following items: Copies of: 1) The petition on file to establish a pest control district.(CRS 35-5-104) 2) Verification of such petition during a regular or special session of the Board(CRS 35-5-104,2) 3) Copy of a ballot mailed to affected land owners and lessees.(CRS 35-5-104,3) 4) Verification that 66 2/3% of affected Land owners and lessees voted in favor of the establishment of such a district. 5) Competitive bids from all contractors and last date thereof. 6) Any requests for anexation by owners or lessees adjoining an established pest control district. 7) Any petitions by a district advisory committe of 2 or more adjoining pest control districts requesting consolidation. 8) The roster of the advisory committee. 9) The last annual report by the pest control inspector to the board. 10) Approval of the Board of County Commissioners to enter land (CRS 35-5-108,2). ll) Itemized Statement. ank Yoµ, C 0 iko Eichler 18680 WCR 3 Berthoud, CO 80513 .9C0933 ft C; . . 1?^i3 ET I II l:'i 3: 45 CLERK Weld County Board of Commissioners TO THE 425 n.15th ave. 8/8/90 Greeley, CO 80631 Gentlemen: Pursuant with CRS 35-5-108, paragraph 4 I would like to file herewith a written protest concerning the statement I received on or about the 3rd of August, 1990 for mowing services by t Weld County pest & Wedd Department. nc (// aiko ichler 18680 WCR 3 Berthoud, Co. 80513 (303)535-4938 ec 0933 19:11't§ior 1p�/ELD COUNTY PEST AND WEED DEPARTMENT 425 NORTH 15TH AVENUE ExRIBI PION BUILDING, ISLAND GROVE PARK ' - GREELEY, COLORADO 80631 T() I PRONE NUMBER (303) 356-400O Ext 4485 COLORADO Memorandum August: 28, 1990 T0: Board of Weld County Commissioners FROM: /4� —Jr' Ronald J. Broda, Weld County Pest Inspector Re: Protest Hearing Requested by Mr. Haiko Eichler Mr. Eichler is protesting a weed control enforcement bill of $178.50 (attached) , according to the Pest Control Districts Law CRS 35-5-1.08(4) . I would :Like to inform you, prior to the hearing, as to what was done with Mr. Eichler's property. On May 8, 1990 I sent a 10 day notice (attached) to Mr. Eichler informing him that he had Canada and Musk Thistle on his property that had to be controlled. On May 25th, I submitted a letter to the County Commissioners (attached) requesting right-of-entry on a number of properties, including Mr. Eichler's . Right of entry was approved by the Board on May 30th (attached) . Contact was initiated with Mr. and Mrs. Eichler at least twice through mid June. Mr. Eichler had stated that he would control the thistle on his property. On June 25, I had noticed that Mr. Eichler had sprayed only one half of: his pasture. Based upon a recommendation by County Attorney Bruce Barker, I sent another letter to Mr. Eichler (attached) explaining his non-compliance with the Pest Control Districts Law. Additional telephone communication was initiated with Mrs. Eichler in early July. Mrs. Eichler stated that the thistle would be taken care of. No additional control measures were initiated by July 11th so I brought the contractor into the Eichler property. A total of 4 acres were mowed. Every year we have a problem with this landowner. They do nothing or the very minimum and when they do it is always done late. We could have enforced on them back in early June, however, we were trying to work with them since they said they would take care of the problem. We ultimately enforced control on their property two months and 3 days after the first legal notice was sent to them. If you need any additional information or clarification prior to next Wednesdays hearing, please do not hesitate to call me at ext. 4465. ti S NOTICE 0? THE NEED FOR CONTROL OR ERADICATION OF NOXIOUS WEEDS H. & M.S. Eichler 18680 WCR 3 Berthoud CO 80513 Be advised that I, Ron Broda, Weld County Pest Inspector hereby give you notice in accordance with Section 35-5-108(1) , CRS, of the presence of noxious weeds, specifically MUSK THISTLE (Carduus nutansL and CANADA THISTLE (Cirsium arvense) on a parcel of land which is owned, leased, and/or occupied by you, and is described as follows: Legal - T4N R68W SEC 32 PT NW4 % Parcel - 106132000063 This land Ls in the Johnstown Pest Control Districts. When musk thistle is in the rosette stage and Canada thistle is in the seedling stage they are easiest to control . The best method of control or eradication is to use herbicides that are labeled for the specific weed and site, or by mechanical means . such as mowing four to five times during the summer. The plants must be kept from zoing to seed. If you need help with herbicide rates please feel free to call me at 356-4000. Ext. 4465 Pursuant to Section 35-5-108(1) , CRS, you are required to use one of these methods to control or eradicate these weeds. If you do not comply with the aforementioned required by May 18 . 1990, or call me about establishing a control program, I will ask the Weld County Board of County Commissioners to approve my entry upon such parcel to control or eradicate such noxious weeds, pursuant to Section 35-5-108(2) , CRS , at your expense, as provided in Section 35-5-108(3) , CRS. May 8, 1990 Ronald J Broda Weld County Pest Inspector 9f 0933 ' WELD COUNTY PEST AND WEED DEPARTMENT et \I ING NORTH 157H AVENUE 1PR \ EXHIBITION BUILDING, ISLAND GROVE PARK GREELEY, COLORADO 80631 itPHONE NUMBER (303) 356-4000, Exi. 4465 e\4C COLORADO June 26, 1990 Mr H Eichler 18680 WCR 3 Berthoud CO 80513 Dear Mr Eichler, I am writing to inform you that you have not complied with the weed control notice I sent dated May 8, 1990, nor have you compiled with CRS 35-5-102 of the Pest Control District Law. If you have not controlled all. the musk thistle on your property, either by chemical or mowing, by Friday. June 29. 1990, I will enforce control on your property at your expense. I hope that I do not have to resort to this measure. Sincerely, Ronald J Broda Weld County Pest: Inspector ne08 3 Fril • ,, ,....... 11 r----; (1ac WELD COUNTY PEST AND WEED DEPARTMENT IIIII et 425 NORTH 15TH AVENUE EXHIBITION BUILDING. ISLAND GROVE PARK GREELEY, COLORADO 80631 PHONE NUMBER (303) 356-4000, EXT. 4465 iiiige COLORADO Dear Weld County Commissioners: May 25, 1990 Under the Pest Control District Law, CRS, 35-5-108, I must seek approval or a right of entry from the Board of County Commissioners to enter on private land to carry out weed control measures. Below is a list of landowners, and the legal description of their . land, that we may have to enforce on. I am seeking your approval to enter upon these lands. Name Legal Parcel TOLLGATE FARMS INC T5N R67W SEC 29 W2 NE4 095729000016 TIAGI, INC T3N R67W SEC 6 W2 NW4 120906000025 T3N R67W SEC 6 NW4 120906000003 T4N R68W SEC 36 PT SE4 106136000042 106136000044 MARK & GARY BOOTH T2N R68W SEC 1 NW4 NW4 131301000015 WILLIAM COOPER T4N R68W SEC 32 106132000019 HIGHLAND DITCH CO T3N R68W SEC 22 120722000041 T3N R68W SEC 21 SE4 120721000016 H. & M.S. EICHLER T4N R68W SEC 32 PT NW4 106132000063 KENNETH R. WHITNEY T6N R67W SEC 30 NE4 080730000017 PHYLLIS KETLER-GARDNER T6N R66W SEC 36 SW4 SW4 080536000004 UNION PACIFIC RAILROAD T3N R67W SEC 32 T4N R67W SEC 3 T5N R67W SEC 28, 29 33 & 34 (ALONG RAILROAD RIGHT-OF-WAY) • RUBIN REIMER & SAM TELUP T4N R67W SEC 5 S2 SW4 105905300008 LEONARD & SIDNEY STREAR T4N R66W SEC 33 NW4 NW4 105733000043 GEORGE C ADAM JR T2N R68W SEC 4 NE4 131304000022 131304000044 ST. VRAIN LTD T2N R68W SEC 9 E2 SE4 131309000069 131309000071 CRS INVESTMENTS INC T2N R68W SEC 5 W2 NE4 131305000023 DAVID HENDERSON T4N R67W SEC 3 NE4 105903000001 T4N R67W SEC 4 NE4 NE4 105904000003 The weed notices were mailed on either May 8 or 15, 1990, requesting control of one or more of the following weed species: Canada thistle (Cirsium arvense) , musk thistle (Carduus nutans) and/or leafy spurge (Euphorbia esula) . Enclosed are copies of two of the notices sent on the different dates. Thank you for your assistance. Sincerely, Q,rnlittnnRonald J. Broda Weld County Pest Inspector 900457 .w . STATEMENT Date �vt.y /9, /990 TO /7, bt !4, S. CICeileE7Z ADDRESS /n,f0 11lae- -5 CITY -6F-- ` tx., / € . dos/3 Payable to: WELD COUNTY WEED CONTROL 425 N. 15th Avenue Greeley CO 80631 j '7 L� N'focv,Nr_ e�C .oe�/i77,— �/4iO,OO If gemu P Cf ,:O,GO 30 . ate S°Z 4rn.a,n,. nit fe.(D T-77-(-7:s ?emu / err �AvErrcid- of 's �KIF EU n�nL77Po L V�£7t -Me (p£5T�rM*z� /ST2U7 n Li+wres 3S S--/o& o4.i Yovz 4A/try kmomvAs goat_ Y /0 6(3 -00 �p�0� OA/ MIL /i/' /t(G/ �� Tb-nte_ .b oc Iv/78-,5-0 ., nce 3 s. w MOWING RECORD / �2 Customer Name rer-__A, —/17--C</> ,��. —/17--C<� Address _71 A'i7 s� 3=Z �4/ tr j rCity State Zip Legal Description (where work is performed) *Parcel # 7// ‘l 3,= D 0 611 (- 3 Describe in detail area mowed / y ✓ T -T�ia�r .- Visible evidence of prior treatment (describe - include damaged vegetation due to mowing or spraying) Target weed: (circle) Canada thistle leaf spurge Y field bindweed Russian knapweed musk thistle] whitetop Mowing: Date Class Time started Time ended Total (excluding Acres downtime & absences mowed T //,'o o 7/3-ic /O; o (2 .2-- Total mowing time * Approximate number of acres in this parcel % dit&-t-.1. .) * Approximate number of acres or sq. ft. mowed A/leied ycres/ sq. ft. Expected completion date Comments: 9cC X1:9 s v7 Signature of Pest Inspector or Asst. Signature of Contra or 2/ *To be completed by Inspector Apia . "- - BOARD OF THE COUNTY COMMISSIONERS WELD COUNTY COLORADO `' PO BOX 758 GREELEY, CO 80632 August 31st , 1990 Gentlemen: On August 31.st , 1990 I appeared at the office of the Weld County Commissioners in order to inspect the documents I had requested for my hearing in my letter to you dated August 23rd, 1990. I was disappointed not to find most of the documents I was looking for in spite of a diligent effort by the two ladies in your office. Due to this fact I requested a continuance of my hearing for the 12th of September , 1990 and Mr. Bruce Barker assured me that there would be no problem for such a continuance. Again I would like to request or subpoena the originals of the following documents to be available for my inspection a reasonable amount of time prior to the hearing as well as their presence at the time of the hearing: 1 . The 1961 petition to establish the Johnstown Pest Control District along with all signatories. 2. The ballots voting for or against the establishment of the Johnstown Pest Control District. 3. The verification of such a petition and that 66 2/3% of affected Land Owners voted for the establishment of the District. 4. Most recent Competitive bids from all contractors. 5. The last annual report by the pest control inspector to the board. 6. The inspectors official notice served on me as land owner . hank you, iko c le 680 WCR 3 Berthoud , CO 0513 '-'1�s�'a*-. - 1 - MOWING RECORD A � Customer Nape (-77,/ -1_ 7- 7-(72:2 � Address 7-1A/R - �' - 7/ti t-O I/ �‘ -1-* ratty State Zip Legal Description (where work is performed) *Parcel # Tft/4 3O D d ( 3 Describe in detail area moxedG Visible evidence of prior treatment (describe - include damaged vegetation due to mowing or spraying) -"2rG�tom/�' •/T�fji/ lt�� Target weed: (circle) Canada thistle leaf spurge Y field bindweed Russian knapweed musk thistles whitetop Mowing: Date Class Time started Time ended Total (excluding Acres downtime & absences mowed 7—//yD s- 7, //i& o a %c �- /r1, o v /a,'4Y Total mowing time -11 * Approximate number of acres in this parcel * Approximate number of acres or sq. ft. mowed 4//,2CLG�-nacres/ sq. ft. Expected completion date Comments: ta{ Signature of Pest Inspector or Asst. Signature of Contra or r *Tc be completed by Inspector Anita r, -- ., _ •1 n :. BOARD OF THE COUNTY COMMISSIONERS WELD COUNTY COLORADO 1'' ,1 " PO BOX 758 GREELEY, CO 80632 August :31st, 1990 Gentlemen: On August 31st, 1990 I appeared at the office of the Weld County Commissioners in order to inspect the documents I had requested for my hearing in my letter to you dated August 23rd, 1990. I was disappointed not to find most of the documents I was looking for in spite of a diligent effort by the two ladies in your office. Due to this fact I requested a continuance of my hearing for the 12th of September , 1990 and Mr. Bruce Barker assured me that there would be no problem for such a continuance. Again I would like to request or subpoena the originals of the following documents to be available for my inspection a reasonable amount of time prior to the hearing as well as their presence at the time of the hearing: 1 . The 1961 petition to establish the Johnstown Nest Control District along with all signatories. 2. The ballots voting for or against the establishment: of the Johnstown Pest Control District. 3. The verification of such a petition and that 66 2/3% of: affected Land Owners voted for the establishment of the District . 4. Most recent Competitive bids from all contractors. 5. The last annual report by the pest control inspector to the board . 6. The inspectors official notice served on me as land owner . hank you, iko c le a 680 WCR 3 ` Berthoud , CO 0513 e0rr� )'� , - 1 - _. Hello