HomeMy WebLinkAbout980790.tiff HEARING CERTIFICATION
DOCKET NO. 98-24
RE: APPEAL OF A CEASE AND DESIST ORDER ISSUED TO TERRY AND DOROTHY BIRD
A public hearing was conducted on May 6, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair- EXCUSED
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Sharyn Frazer
Health Department representative, Jeff Stoll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 20, 1998, a public hearing was conducted to
consider the appeal of a Cease and Desist Order issued to Terry and Dorothy Bird by the Weld
County Health Officer. Lee Morrison, Assistant County Attorney, made this a matter of record and
gave a brief explanation of the general procedures to be followed for an Adjudicatory-type hearing.
He also explained it is the burden of the Health Department to show evidence supporting the initial
order issued to Mr. Bird by Weld County Health Officer, John Pickle, and added the Board will be
able to study any existing or new evidence presented at this time. In response to Commissioner
Kirkmeyer, Mr. Morrison stated the Health Department and Mr. Bird can give an opening statement
before evidence is presented.
Jeff Stoll, Director of Environmental Health, gave a brief summary of the events leading up to this
hearing and explained the Health Department became involved in this case at the request of the
Town of Windsor. Mr. Stoll requested the Board uphold the Cease and Desist Order due to the
nuisance conditions and reoccurring nature of the problem. In response to Commissioner Baxter,
Mr. Stoll stated the order is to cease the storage of miscellaneous items, clean up the property, and
prevent storage from reoccurring.
Terry Bird, appellant, stated he came into compliance at one time; however, the last order to come
into compliance only gave him 15 days to clean up the property. Mr. Bird requested more time to
get the rest of his work done and allow for possible poor weather conditions. He stated Health
inspectors viewed the property this morning and are requiring him to remove more items than
anticipated, and he needs more time to get the work done. In response to Commissioner Baxter,
Mr. Bird stated despite the various noncompliance reports over the years, he does not feel he was
out of compliance. He explained he has completed a privacy fence on two sides of the property,
and stated he has had to prioritize his work projects due to weather conditions, and reiterated he
needs more time to remove the snowmobiles and trailer parts.
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HEARING CERTIFICATION - CEASE AND DESIST ORDER - TERRY AND DOROTHY BIRD
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In response to Commissioner Kirkmeyer, Mr. Morrison stated the Board's possible action are to
uphold the Cease and Desist Order, uphold the order with modifications, or grant Mr. Bird's appeal.
He explained Mr. Bird needs to cease the nuisance use of the property, not residential use.
Responding to Commissioner Webster, Mr. Morrison reiterated Mr. Bird is responsible for cleaning
up the property. (Clerk's note, switched to tape#98-11.) If the nuisance continues, the Board can
direct the County Attorney's Office to file a complaint in court, and ask the court to have the work
done and assess the cost to Mr. Bird. In response to Commissioner Kirkmeyer, Mr. Morrison
stated the 15-day abatement period from the original Cease and Desist Order has passed and the
next step will be to file a complaint with the court unless the order is modified. Mr. Morrison
requested Mr. Stoll to present evidence for the Board.
Mr. Stoll called Gary Hague, Environmental Protection Division, to present evidence. Mr. Hague
submitted various pictures marked Exhibits A, D, E, and G, and stated he received a request from
the Town of Windsor to assist in bringing Mr. Bird's property into compliance in March 1998. Mr.
Hague explained this is a perpetual non-compliance case dating back to 1986. The three main
health and safety hazards which are a concern to the Health Department include the storage of
carpet and trash which attract rats and mice; items which contain standing water and attract
mosquitos; and broken glass, run-down fences, and rusted items which could be hazardous to
children. Mr. Hague stated there are no signs which prevent or discourage people or children from
wandering onto the property. He also stated Mr. Bird has been out of compliance on numerous
occasions. In 1994, he did come into compliance; however, the condition reoccurred and Mr. Bird
was found to be out of compliance in 1996, and again in 1997 when he was fined by the Town of
Windsor. Since that time the problem has continued. The Town of Windsor held a hearing on
March 5, 1998, concerning the present Cease and Desist Order. In response to Commissioner
Baxter, Mr. Hague stated it appears Mr. Bird moves his items back and forth between his property
at 207 Oak Street in Windsor and his property at 9477 Highway 392, which is within the County's
jurisdiction. Responding to Commissioner Hall, Mr. Hague stated he visited the property this
morning at 7:00 a.m. and made a video displaying the various issues of non-compliance. Mr.
Hague played the video marked Exhibit H. In response to Commissioners Hall and Webster, Mr.
Hague stated the video shows both properties to provide evidence that items are being moved from
the property in Windsor to the property on Highway 392, and stated the lot in Windsor is a standard
size for a town lot. Mr. Morrison requested Mr. Bird present any questions at this time.
In response to Mr. Bird, Mr. Hague stated many items have been removed from the property;
however, the property has been in compliance before and the problem reoccurs. In response to
Commissioner Kirkmeyer, Mr. Hague stated most of the work occurred following the Cease and
Desist Order and the property is still not in compliance.
Mr. Stoll called Don Parkos, Environmental Health Specialist, to present evidence. Mr. Parkos
stated he visited the property on April 3, 1998, and reported large piles of rotting lumber, old
lawnmowers, rusted bed springs, doors with broken glass, tire axles, and unstable buildings. He
also stated a fence has been constructed to hide the property since the health hearing held on April
10, 1998; however, this does not address the health and safety hazards. Mr. Parkos reiterated the
conditions which are a concern on the property, and Mr. Bird had no questions for Mr. Parkos.
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Mr. Stoll called Vicky Miller, Town of Windsor Code Enforcement Officer, to present evidence. Ms.
Miller stated she sent a letter dated April 9, 1998, marked Exhibit B, to Mr. Hague regarding Mr.
Bird's property at 207 Oak Street. She stated this has been a reoccurring problem since 1986 and
explained she requested him to get rid of all items unless they are stored in an enclosed shed. Ms.
Miller reported various health and safety hazards and stated Mr. Bird has made an effort and the
property does appear to be cleaner; however, it is still not in compliance. In response to
Commissioner Baxter, Ms. Miller stated the Town of Windsor is requesting assistance from the
Weld County Health Department because the County code is much clearer and covers more health
issues. Mr. Morrison added the Cease and Desist Order involves health and safety issues only;
zoning violations must be dealt with by the Town of Windsor. In response to Mr. Bird, Ms. Miller
stated progress has been made. She listed various items which have been removed; however, she
reiterated the property is still not in compliance.
Mr. Stoll stated he had no more evidence to present and asked the Board to uphold the Cease and
Desist Order. In response to Mr. Morrison, Mr. Stoll clarified the notebook contents are to be used
as evidence.
Mr. Bird referred to Exhibit C and stated he is not appealing the order, but he is requesting the
Board grant him more time to come into compliance because 15 days is not enough. In response
to Commissioner Hall, Mr. Bird stated a week of good weather might be sufficient. He also stated
he had the house in Windsor inspected by Colorado Inspection Agency and needs to repair the
shower caulking and position the stove further away from the living room wall. Following further
discussion, Mr. Bird stated he did move the snowmobiles and some trailer parts to his property on
Highway 392; however, he did haul some of the items to Martin Supply and Salvage Yard, and he
entered a receipt for salvage marked Exhibit I. In response to Commissioner Kirkmeyer, Mr. Bird
stated the reoccurrence is a result of the constant staff turnover in the Town of Windsor, and feels
each Zoning Officer has different standards. Commissioner Baxter clarified for Mr. Bird that he
must come into compliance regardless of who reports nuisance conditions. Responding to
Commissioner Baxter, Mr. Morrison stated to move this matter forward, the Board needs to direct
the County Attorney's Office to file a public nuisance action with the court. Mr. Bird requested the
Board grant more time and in response to Mr. Morrison, Mr. Stoll stated he had no rebuttal. There
was no public testimony regarding this issue. In response to Commissioner Kirkmeyer, Mr.
Morrison stated the legal action will not be automatic; therefore, the Board needs to authorize legal
staff to take action and set a time limit if necessary. Commissioner Baxter stated it will be very
difficult to have the property cleared within 10 days.
Commissioner Kirkmeyer moved that the Board uphold the Cease and Desist Order as entered,
and authorize legal staff to file and enforce the Cease and Desist Order as entered by the by the
Weld County Health Officer with instruction to defer action to May 18, 1998„ based on the
recommendations of the Weld County Health Department and the Town of Windsor Zoning
Violations Officer. The motion was seconded by Commissioner Hall, and it carried unanimously.
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HEARING CERTIFICATION - CEASE AND DESIST ORDER - TERRY AND DOROTHY BIRD
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This Certification was approved on the 11th day of May, 1998.
APPROVED:
ATTEST: � ��� ��� iTj1�►, T BOARD OF COUNTY COMMISSIONERS
► y--; la WELD COUNTY, COLORADO
Weld County tiC46.:r• ' EXCUSED
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/ Constance L. Harbe Chair l
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DeputyCle ly; e..� a�v
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aissrpo W. H. bster, Pro-Tem
TAPE #98-10 and #98-11
eorg Baxter
DOCKET#98-24
Da10( Hall
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rbara J. Kirkmeyer
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