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Home My WebLink About982380.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JIM AND ROSIE OSTER FOR VIOLATION OF THE WELD COUNTY ZONING ORDINANCE 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, Jim and Rosie Oster, VI #9800048, are allegedly in violation of the Weld County Zoning Ordinance, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 8th day of December, 1998, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jim and Rosie Oster, property owners, were present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorneys Office for legal action, with an instruction for delay of action upon such referral until March 8, 1999, to allow adequate time for the property owners to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said violation be, and hereby is, referred to the Weld County Attorney's Office for legal action against Jim and Rosie Oster to remedy the violation of the Weld County Zoning Ordinance, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until March 8, 1999, to allow adequate time for the property owners to bring the subject property into compliance. Cr Pk, Cryi �5� 982380 PL0824 VIOLATIONS - VI #9800048 - JIM AND ROSIE OSTER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of December, A.D., 1998. BOARD OF COUNTY COMMISSIONERS�SION WE COUNTY, COLORADl;7S(7z ATTEST: I / . '``l eA &I i� 4 \ �aYz'z let-ne-e - .\ Constance L. Harbert, Chair Weld County Clerk tot R / C�' 1 4 [� ., t W. H. Webst r, ro-Tem BY: �o.i/r(i . rr .. :' ;: o Deputy Clerk to the c�iby} '�`�\ EXCUSED \ rge E. Baxter VED AS T ORM: ` 1_ Dale K. all ou y At rney ). — - EXCUSED Barbara J. Kirkmeyer 982380 PL0824 DATE: December 8, 1998 VIOLATION NUMBER: VI-9800048 NAME:Jim and Rosie Oster ADDRESS: 20270 Weld County Road 42, La Salle, CO 80645 LEGAL DESCRIPTION: Section 28, T4N, R65W of the 6th P.M., Weld County, Colorado. PARCEL NUMBER: 1055 28 000034 CASE SUMMARY March 6, 1998 Initial compliant received in the form of a copy of a warning letter sent to the property owner by the Weld County Health Department regarding illegal open burning of wood. The LaSalle Fire Department was on scene at the time of the inspection, conducted by Troy Swain, Environmental Protection Services. March 9, 1998 Note from Troy Swain expressing concerns about a noncommercial junkyard located on the property that made it difficult for the fire department to gain access. March 9, 1998 Memo from Troy Swain with a copy of the report of the burn from the LaSalle Fire Department. March 10, 1998 Violation file set up in Sierra for a noncommercial junkyard located on the property. March 12, 1998 Telephone call from Sharyn Frazer to Troy Swain attempting to schedule a joint site inspection. March 17, 1998 Site inspection conducted by Sharyn Frazer. A definite noncommercial junkyard is located on the property consisting of derelict vehicles, old tires, appliances and miscellaneous debris. March 17, 1998 Memo from Sharyn Frazer to Troy Swain stating that an inspection had been conducted, a noncommercial junkyard exists and pictures were taken. March 19, 1998 Five day letter sent. March 24, 1998 Telephone call from Mr. Jim Oster. Items discussed included the definition of a noncommercial junkyard and specifically the items located on the property that fit the definition. March 25, 1998 Thirty day letter sent to Mr. and Mrs. Oster, including excerpts from the Zoning Ordinance addressing noncommercial junkyards. April 15, 1998 Progress inspection conducted. Definite progress has been made, however there is still a lot of cleanup and/or screening required. 982380 VI-9800048,Jim and Rosie Oster Page 2 June 12, 1998 Progress inspection conducted. Conversation between Sharyn Frazer and Mrs. Oster. I reiterated that the Department of Planning Services would work with them and allow an adequate time frame to achieve compliance. July 24, 1998 Progress inspection conducted. There are still derelict vehicles and miscellaneous debris that needs to be addressed. July 24, 1998 Letter sent to Mr. and Mrs. Oster from Sharyn Frazer stating that another progress inspection had been conducted and a further extension Of 30 days had been granted. The letter also stated that I would be willing to conduct a "walk-through" inspection with the property owners to address the items on the property still in violation. August 28, 1998 Telephone call from Mr. Oster to Sharyn Frazer, requesting a further extension due to harvest. It was agreed that we would extend the time frame until October 30, 1998. October 26, 1998 Letter sent to Mr. and Mrs. Oster explaining that another progress inspection was conducted from the road right-of-way. It was explained in the letter that another inspection would occur on November 25, 1998. If at that time the property did not meet compliance, I would schedule them to appear before the Board of County Commissioners at violation hearings on December 8, 1998, at 10:00 a.m. November 25, 1998 Progress inspection conducted and pictures were taken with the digital camera. The property is not in compliance. November 25, 1998 Letter sent to Mr. and Mrs. Oster, scheduling them to appear before the Board of County Commissioners at the violation hearings on December 8, 1998, at 10:00 a.m. The Department of Planning also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. Copies of the violation materials are available at the Department of Planning Services' office or the Weld County Attorneys Office. DEPARTMENT OF PLANNING SERVICES Weld County Administrativele , Offices031 1400 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100 111kFax(970) 352-6312 COLORADO November 25, 1998 Jim and Rosie Oster 20270 Weld County Road 42 La Salle, CO 80645 Subject: VI-9800048, Section 28, T4N, R65W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Oster: The property referenced above remains in violation of the Weld County Zoning Ordinance. I have scheduled a meeting with the Board of County Commissioners on December 8, 1998, at 10:00 a.m., to consider the violations occurring on the property. This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violation. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation, the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please call me. incerely, S aryn zer, ACED Code Compliance Officer pc: VI-9800048 9V 3 3o (it a ;-; DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices ' 1400 N. 17th Avenue, Greeley, CO 8063 1 Phone: (970) 353-6100, Ext. 3540 C. Fax: (970) 352-6312 COLORADO October 26, 1998 • Jim and Rosie Oster 20270 Weld County Road 42 La Salle, CO 80645 Subject: VI-9800048, Section 28, T4N, R65W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Oster: The Department of Planning Services conducted a progress inspection of the property from the road right-of-way on October 22, 1998. During a telephone call between Mr. Oster and myself on August 28, 1998, it was agreed that an extension of time would be granted until October 30, 1998, due to a conflict with harvest. I will conduct another site inspection on November 25, 1998. If the property has not been brought into compliance at that time, I will schedule you to appear before Board of County Commissioners at the December 8, 1998, Violation Hearings. If you should have any questions, please contact me at the above address and phone number. Sincerely, Sharyn zer, ACEO Code Compliance Officer pc: VI-9800048 SERVICE,TEAMWORK,INTEGRITY,QUALITY 9Y=l3: PERMITS Id: MISC120 Keyword: UACT User: SFRA2ER 08/28/98 Additional Notations for Inspection item: 00404 Violation Permit No: VI-9800048 Applicant: OSTER JIM R 8 ROSIE Status: ISSUED Address: 20270 WCR 42 WEL Line Insp. Date Text 1 08/28/98 MR. OSTER CALLED THIS MORNING AND REQUESTED A FURTHER 2 08/28/98 EXTENSION DUE TO HARVEST. HE HAS MADE PROGRESS SINCE THE 3 08/28/98 LAST INSPECTION. I TOLD HIM I WOULD GIVE HIM UNTIL 4 08/28/98 10-30-98 TO COME INTO COMPLIANCE WITH THE REMAINING 5 08/28/98 DERELICT VEHICLES LOCATED ON THE PROPERTY. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. 99}3 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices ' 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 C. Fax: (970) 352-6312 COLORADO July 24, 1998 • Jim and Rosie Oster 20270 Weld County Road 42 La Salle, CO 80645 Subject: VI-9800048 Dear Mr. and Mrs. Oster: The Department of Planning Services conducted a progress inspection from the road right-of-way on July 24, 1998. Definite progress has been made since our last inspection on June 11, 1998. I will grant another extension of 30 days to allow you to completely come into compliance. In my letter dated March 25, 1998, I offered to schedule a site visit with you to walk through the property and address the violations that still exist. I am more than willing to do so. The miscellaneous debris and derelict vehicles need to be removed from the property or properly screened (6 foot wooden fence) from adjacent • properties and road rights-of-way. Failure to come into complaince by August 28, 1998,will result in this office scheduling the violation before the ' Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. I will conduct another site inspection on August 28, 1998. If you have any questions, please call me at the above address and phone number. erely, Sharyn Fra er Zoning Compliance Officer pc: VI-9800048 SERVICE,TEAMWORK,INTEGRITY,QUALITY 9 3bO PERMITS Id: MISC120 Keyword: UACT User: SFRAZER Additional Notations for Inspection item: 00400 Violation Permit No: VI-9800048 Applicant: OSTER JIM R 8 ROSIE Status: ISSUED Address: 20270 WCR 42 WEL Line Insp. Date Text 1 07/24/98 DARRELL GESICK CONDUCTED A PROGRESS INSPECTION ON 7-23-98. 2 07/24/98 DERELICT VEHICLES ARE STILL LOCATED AROUND THE PROPERTY AND 3 07/24/98 MISCELLANEOUS DEBRIS STILL NEEDS TO BE ADDRESSED. I WILL 4 07/24/98 SEND A FOLLOW-UP LETTER AND GIVE MR. AND MRS. OSTER ANOTHER 5 07/24/98 30 DAYS. WILL REINSPECT IN 30 DAYS. IF NOT IN COMPLIANCE I 6 07/24/98 WILL SCHEDULE FOR THE BCC VIOLATION HEARINGS IN SEPTEMBER. 7 07/24/98 8 07/24/98 SHARYN FRAZER, ACEO 9 07/24/98 ZONING COMPLIANCE OFFICER Enter Option: A=Add, C=Change, D=Delete, 1=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit PERMITS Id: MISC120 Keyword: UACT User: SFRAZER Additional Notations for Inspection item: 00400 Violation Permit No: VI-9800048 Applicant: OSTER JIM R & ROSIE Status: ISSUED Address: 20270 WCR 42 WEL Line Insp. Date Text 1 06/12/98 I CONDUCTED A PROGRESS INSPECTION ON 6-11-98. A LOT OF 2 06/12/98 PROGRESS HAS BEEN MADE. THERE IS STILL QUITE A BIT TO 3 06/12/98 ACCOMPLISH, BUT I TOLD MS. OSTER THAT I WOULD BE WILLING 4 06/12/98 TO WORK WITH THEM AND ALLOW ENOUGH TIME TO COMPLETE THE 5 06/12/98 WORK INVOLVED TO COME INTO COMPLIANCE. I WILL REINSPECT 6 06/12/98 IN APPROXIMATELY 1 MONTH. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit 98a3 a2v PERMITS Id: MISC120 Keyword: UACT User: SFRAZER Additional Notations for Inspection item: 00400 Violation Permit No: VI-9800048 Applicant: OSTER JIM R & ROSIE Status: ISSUED Address: 20270 WCR 42 WEL Line Insp. Date Text 1 04/15/98 I INSPECTED THE PROPERTY 4-15-98. THERE IS DEFINITE 2 04/15/98 PROGRESS BEING MADE. THERE IS STILL ALOT OF WORK TO BE DONE Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit 9 3&0 DEPARTMENT OF PLANNING SERVICES TT Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 CFax: (970) 352-6312 COLORADO March 25, 1998 Jim and Rosie Oster 20270 Weld County Road 42 La Salle, CO 80645 Subject: VI-9800048, Section 28, T4N, R65W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Oster: Thank you for calling me to discuss the noncompliance issues located on your property. As promised, I am sending this letter as a follow-up to our conversation. I have enclosed copies of the A (Agricultural) zone district • section from the Zoning Ordinance delineating uses allowed on your property. It is the intention of this office to assist and cooperate with you without imposing undue hardships and I am willing to work with you to allow the appropriate time to come into compliance; however, we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from March 26, 1998, to show progress toward correcting this zoning violation. I would be willing to schedule a site visit to help you determine exactly what areas on the property need to be cleaned up, removed, or screened from surrounding properties and/or road rights-of-way. Failure to come into compliance could result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. If you have any questions, please contact me at the above address and phone number. cerely, Sharyn azer Zoning Compliance Officer pc: VI-9800048 SERVICE,TEAMWORK,INTEGRITY,QUALITY ►R.C9ALCkd A£-a tors- jagb 4 9eCZ35v CITIZEN INQUIRY FORM WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312 CT TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: /qs NAME: 1 'v ~ 3_1Th. 7 PHONE: ADDRESS: rQ O97O Rte_ TYPE OF INQUIRY: _ MHZP _ SKETCH PLAN _ MINOR SUB SKETCH PLAN ZPMH PRELIMINARY PLAN _ MINOR SUB FINAL PLAT _ RE _FINAL PLAT _ ZONING _ AMENDED RE _ RESUBDIVISION _ ADDRESSING _ SE _ FHDP _ BUILDING PERMIT _ AMENDED SE GHDP _ SETBACKS/OFFSETS SITE PLAN REVIEW _ USR HOME OCCUPATION _ REZONING AMENDED USR y VIOLATION _ PUD SKETCH PLAN _ USR MINING _OTHER _ PUD DISTRICT _ USR MAJOR FACILITY _ PUD FINAL PLAT USR DISPOSAL SITE _ STAFF PERSON: • ITEMS DISCUSSED: n y • (74 ) ��IpC / L c n n c ,n ^�nn Y e Time Spent: )4/YYU r-- Staff Member's Initials: I citizen.shl (actsa DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 1111 C. Fax: (970) 352-6312 COLORADO March 19, 1998 Jim and Rosie Oster 20270 Weld County Road 42 La Salle, CO 80645 Subject: VI-9800048, Section 28, T4N, R65W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs Oster: It has come to the attention of the Department of Planning Services' staff that the uses on your property (20270 Weld County Road 42) may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is a noncommercial junkyard (derelict vehicles, miscellaneous debris) located on the property. Please call me within five working days of the date of this letter to review the concerns with me. i erely, Sharyn Fr r Zoning Compliance Officer pc: VI-9800048 SERVICE,TEAMWORK,INTEGRITY,QUALITY 91)380 I a4 ital.' MEMORANDUM To: Troy Swain, Environmental Protection Specialist March 17, 1998 From: Sharyn Frazer,Zoning Compliance Officer, Dept. of Planning Services COLORADO Subject: VI-9800048,Jim and Rosie Oster I inspected the property located at 20270 Weld County Road 42 today. There is definitely a noncommercial junkyard located on the property. I took pictures, sent a five day letter, and started a violation file. I will let you know if they contact me. If not, I will follow up with a thirty day letter, conduct another inspection after thirty days, and if they are not in compliance, will schedule a meeting before the Board of County Commissioners. I enclosed your warning letter as part of the violation file. Let me know if you need anything else. SERVICE.TEAMWORK,INTEGRITY,QUALITY 9Ya& o PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 03/17/98 Additional Notations for Inspection item: 00400 Violation Permit No: VI-9800048 Applicant: OSTER JIM R 8 ROSIE Status: COMPLNT Address: 20270 WCR 42 WEL Line Insp. Date Text 1 03/17/98 I CONDUCTED A SITE INSPECTION OF THE PROPERTY 3-17-98. 2 03/17/98 THERE IS DEFINITELY A NONCOMMERCIAL JUNKYARD CONSISTING 3 03/17/98 OF DERELICT VEHICLES, AND A LOT OF MISCELLANEOUS JUNK 4 03/17/98 COMPLETELY SURROUNDING THE PROPERTY. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. gg.)38v PERMITS Id: ACTP125 Keyword: AACT User: SFRAZER 03/12/98 Activity Table Processing Violation Permit No: VI-9800048 Applicant: OSTER JIM R 8 ROSIE Status: COMPLNT Address: 20270 WCR 42 WEL Type: VIO Vers: 9601 Screen: 01 Base Information Parcel No: 1055 28 000034 Owner: OSTER JIM R 8 ROSIE Status: COMPLNT Written By: SEF Sec/Twn/Rng: 28 04 65 Description: NONCOMMERCIAL JUNKYARD - WARNING LETTER SENT Location: 20270 WCR 42 Zoning Dist: A Permit Num: App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO they + vi") Class Code: VI-2 noncommercial junkyard Complaint: 3/12/1998 Init: SEF NO VI: / / 'nit: 5 Day Letter: / / [nit: Issued: / / !nit: Inspection: / / [nit: BCC Vio: / / Init: Court: / / 'nit: Closed BCV: / / Init: Closed VI: / / !nit: Enter Table Screen Number: 2 or ESC=Exit Table Processing F1=List Screens 98.238O PERMITS Id: ACTP124 Keyword: AACT User: SFRAZER 03/12/98 Activity Full Description Maintenance Violation Permit No: VI-9800048 Applicant: OSTER JIM R 8 ROSIE Status: COMPLNT Address: 20270 WCR 42 WEL Full Work Description Description: Page No: 1 NONCOMMERCIAL JUNKYARD - WARNING LETTER SENT FROM WCHD REGARDING ILLEGAL OPEN BURNING OF WOOD. TROY SWAIN. F2=Next Page, F3=1ST Page, F4=Prev Page, F7=Update, ESC=Exit Desc Maint PERMITS Id: ASSR100M Keyword: SPARC User: SFRAZER 03/10/98 Parcel General Information Maintenance General Parcel Data Maint - Action: Update Record Parcel No: 1055 28 000034 Rg Ts Sec : 650428 Status: A Active Retired(Y/N): N Street Address: 20270 Dir: St: WCR 42 City: WEL Situs Location: 20270 42 CR WELD Legal Desc: 12030-A PT NW4 28 4 65 BEG 368.21' E FROM NW Acres: 18.50 X-COORD: Y-COORD: Tax Rate Area: 0127 Assr Use Code: 4369186 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: OSTER JIM R 8 ROSIE Phone: Mailing Addr: 20270 WELD CO RD 42 LA SALLE CO Zip: 80645 Contract Owner: Percent/Ownership: .00 F7¢Write Record, F2¢Allow Fractions, ESC¢Cancel PERMITS Id: MISC301 Keyword: SPARC User: SFRAZER 03/10/98 User Defined Data Fields for Parcel No: 1055 28 000034 Parcel No: 1055 28 000034 Additional USER DEFINED Assessor Parcel Information Screen No: 01 Parent Parcel No Book No. 8730 Reception No. 01795296 Document Type Warranty Deed Ownership Type Recording Date / / Zoning Dist Legal Lot Prior To Zoning Prior To Zoning Year ¢ 80 Acres Recorded Exemption Rec Exemption Permit Rec Exemption Approv F7¢Update, _ESC¢Cancel 9 a380 a r itt DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT Wl`Pe. COLORADO le ZONING COMPLAINT Complaint Initiated by ❑ BUILDING CODE COMPLAINT /Staff 0 Citizen 0 Other Legal Description: Parcel# 1055'..A8 - (100054 Violation Address: ,Roa 7D W Cam_ a4Q_ . Property Owners Name: )IQYn ' RO5t�_ CJS� Phone# Property Owners Address: DarnQ. c 5 V f O tan rtts5 Tenant's Name: N l A Phone # Tenant's Address: tnt ( f{- NATURE OF COMPLAINT: �Q� ( 'rstfA C1-4 ` 1`onctmnt J cJ..O Zoning Complaint Referred To:6 Wu v-� ro _ Date: 3 lb • 9g Building Code Complaint Referred To: Date: ACTION OF INVESTIGATOR Date of Inspection: Inspection of the property indicates: ❑ No violation of the Weld County ❑ Zoning Ordinance/ ❑ Building Code Ordinance ❑ Violation of the following sections of the Zoning Ordinance ❑ Violation of the following sections of the Building Code Ordinance ACTION ON COMPLAINT o No Action Taken/No Violation ❑ Violation File Started Date: Date: 9yd3kv MEMORANDU M UM TO: Sharyn Frazer DATE: March 9, 1998 FROM: Troy Swain( COLORADO SUBJECT: Tim Oster A copy of a warning letter was sent to you from me via inter-office mail. Mr. Oster's son was burning his trash heap and caught his field on fire. Is their any way we can use the zoning regulations to get rid of this guy's "junk yard?" It is an accident waiting to happen. My case for an illegal burn would be a little shaky due to a possible claim that an agriculture burn got out of control. I have included a report from the LaSalle Fire Department. I can go out on this with you though a Burn Warning Letter was already sent. Weld County Pla Ainc9 ilea t, LIAR 1 0 1999 RECEIVED V rI;or11i °1'�P ii4 ..4(I I'diI, I ,nN::'t�:n nun tI ' ti W ) I J„ ALL GALL SQUAD A:❑ SQUAD B-0 SQUAD C.❑ NO ALARM.0 DATE: I 313/85 1 CAL.L.:I 31 I CR41 30 I FIRE-0 RESCUE OTHER ADDRESS: 120270 W.0 R 42 OWNER: (JIM OSIER 1 TENANT IJIM OSIER CAUSE OF INCIDENT: (CARELESS BURNING _ 1 USED AS- RESIDENCE ❑ BUSINESS:❑ FARM:Q AUTO❑ OIIJCIAS 0 NOT LIST to t INSURANCE CARRIER. I ESTIMATED LOSS- ST RUC1 URE:1 0 I CONTENTS: I 0 VEHICLES. 0 I APPARATUS RESPONDING- SCAT-E❑ SCAT'-2 0 Pt. ❑ P P. 0 APPARATUS ENGINEER- 1 ._ ._ 1 I_. . . HILL f....._ I 1 I I _..� APPARATUS RESPONDING- P-3. 0 P-4. 0 CV-1. 0 -I-1 0 APPARATUS ENGINEER- I1. I I COLE 1... ... I GALLONS OF WATER USED: 13150 I HOSE CISEU- BOOSTER'( 0 It I1n':I 3001 It_ 13/4-1 01 0 21/2'.I 01 it 3'.1 III 0. SPECIAL EQUIPMENT USED RESPONDED TO A REPORT or: (FonPTttent Oars 4nhmmadm,mrdEMS'ieponaeepy.0 GROUND COVER FIRE OUT OF CONTROL. UPON OURAHRIVAL WELD LXJUN I Y HEAL I H DEPARTMENT WAS ON SCENE WE HAD TROUBLE GAINING GOOD ACCESS DUE TO OBSTRUCTIONS IN YARD,NUMEROUS PILES OF DEBRIS WERE ON I IRt:INCLUDING PILES OF TIRES. IN TALKING WITH THE OWNER OF PROPERTY HE THOUGHY HIS SON MIGHT HAVE BEEN BURNING WOOD OR'1 RASH 1WEEDS WHICH STARTED THE FIRE. GILC$EST RESPONDED WITH THEIR TANKER FOR MUTUAL AID. I OS-On Scone AS'-AtSiwtha CU-Clean Up 9S QS CU O5 8S CU. Jab AS GU BRANTNER 0 0 0 EUCHARDT: 0 0 0 SCIIAEFERM. 0 0 CI I4ARVEY: 0 0 0 SANDAU B: 0 0 0 COLE: 0 0 ULRICH- 0 0 ❑ DODGE. 0 0 0 PEPPLER 0 ❑ 0 HEROERT: ❑ 0 0 SCHAEFFER D: 0 0 0 BISHOP 0 0 0 SCHISSLER 0 0 0 JOSEPH:. 0 0 Q HILL 0 ❑ 0 UTFIN. ❑ 0 IDSCHEUERMA$: CI 0 HUL.5FY 0 0 0 FISHER. g 0 IDLOPER. 0 0 0 HAMM. 0 0 0 SUIONEMAN: 0 © MILLER. ❑ 0 0 KIT/MAN 0 0 0 DODGE KY: ❑ 0 0 SANDAU G: 0 0 0�-�I MOORE. 0 ❑ 0 00OK' ❑ ❑ 1J HOYE s 0 0 0 REPORT BY: OFFICER IN CHARGE. SCI- 1 AEFERM-. • I I FCKI-IARfT I 9F,,3 ) ...,, ...,J,rvi Dept. ei-- ,..i., . . cA- I 0 ,9\ 4\9 Igrj6 tk Rhe CI rt.:1 711 \'\ 'k 'S \ ?...‘„ ,:st ( CI , k es- \e \ f N-4_ t•I'' "k ‘ k a\ \i‘ / \ L -•%, I L.' • 4. •• ( , \•••"`" /2 2 S. 11-4 \i••=/b/ • I AI•?- /I 1-1 (,-,•-,Q /, '\ „e' , 12 1 .V . 4...' ... ' 9Y013S-0 ce6 DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 C ADMINISTRATION (970) 353-0586 ENVIRONMENTAL PROTECTION (970) 353-0635 • COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 WELD COUNTY ENVIRONMENTAL PROTECTION DIVISION BEFORE THE AIR POLLUTION CONTROL DIVISION • COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT STATE OF COLORADO WARNING LETTER CERTIFIED LETTER NO.: Z 130 100 101 March 6, 1998 t, ' Issued to: Jim Oster 20270 WCR 42 LaSalle, Colorado 80645 This Warning Letter is being issued by the Colorado Department of Health through the Air Pollution Control Division ("Division") to Jim Oster, pursuant to the Division's authority under section 25-7-115(2), C.R.S., as amended. I. ALLEGED FINDINGS OF FACT This letter constitutes a formal "Warning Letter" as a follow-up to the inspection of the property located at 20270 WCR 42, LaSalle, Colorado in Weld County, conducted by Troy Swain, a duly delegated representative of the Colorado Department of Health, Air Pollution Control Division. During the Division's March 3, 1998 inspection, The Division determined that illegal open burning of wood was conducted at the above noted location. Smoke was observed from Interstate 25 in Adams County approximately %2 mile south of the Weld County Line. The fire was unattended and out of control. At the time of the inspection the LaSalle Fire Department was on scene putting out the fire. Three junk piles were ablaze at the time containing tires, wood and other debris. 9se)J,'80 Jim Oster Burn Warning Letter 3/6/98 page 2 II. PROVISION OF LAW ALLEGED TO HAVE BEEN VIOLATED The open burning was conducted at 20270 Weld County Road 42, near La Salle in Weld County, Colorado in violation of Section 25-7-123(2)(a), C.R.S., and Air Quality Control Commission Regulation No. 1, Section II.C.1., which provides in part: "...No person shall burn or allow the burning of rubbish, wastepaper, wood or other flammable material on any open premises or on any public street, alley, or other land adjacent to • such premises, unless an open burning permit is first obtained from the Division." III. STANDARD PENALTY PROVISION FOR THE VIOLATION AS ALLEGED Section 25-7-123(3)(b) provides that any person failing to comply with Section 25-7-123(2)(a), for commercial purposes, shall be subject to a penalty of not more than $10,000.00 per day for each day of violation. Section 25-7-123(3)(a), C.R.S., provides that any person failing to comply with Section 25-7-123(2)(a), for noncommercial purposes, shall be subject to a penalty of not more than $100.00 per day for each day of violation. In addition, Section 25-7-115(5) requires the Division to determine whether a noncompliance penalty is applicable. If a noncompliance penalty is found to be applicable, such penalty generally must be assessed for any period of violation from the date of issuance of this notice until the date on which the emission source is brought into compliance. The amount of noncompliance penalty is calculated in accordance with the provision of Section 25-7-115(5)(b), C.R.S. IV. EFFECTIVE DATE OF NOTICE This Warning Letter shall become effective upon receipt. Troy E. Swain Environmental Protection Specialist Weld County Health Department cc: Millie Turner, CDPL-IE - Air Pollution Control Division Sharyn Frazer. 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