HomeMy WebLinkAbout710539.tiff GLENN K. BILLINGS, b
CHAIRMAN V 1Y a t/�
RT. 2. BOX 167, GREELET, COLD.
HAROLD ANDERSON,
CHAIRMAN PRO.TEM
RT. I. JOHNSTOWN. COLO. OFFICE OF THE WELD COUNTY ATTORNEY SAMUEL S TELEP
COUNTY ATTORNEY
MARSHALL H. ANDERSON,MEMBER PHONE 1303, 352.5132
2412 8TH AVE.. GREELEY. COLO. .x�YL ..�.�aV') w-+,J:
June 8, 1971
Board of County Commissioners
Weld County Courthouse
Greeley, Colorado 80631
Gentlemen:
QUESTION
May the Weld County Health Department abate or prevent a public
nuisance if the facts of such existing nuisance, purported nuisance
or a would be nuisance be brought to the attention of the proper health
authorities ?
ANSWER
CRS '63 66-2-6 POWERS AND DUTIES OF HEALTH DEPARTMENTS
(1) "Each County and District Health Department shall have and exercise
in addition to all other powers and duties imposed upon it by law, the
following powers and duties: . . . . (5) To close theatres, schools and
other public places, and to forbid gatherings of people when necessary
to protect the public health; . . . "
CRS '63 66-3-13 REMOVAL OF NUISANCES "The Board of Health shall
examine into all nuisances, sources of filth and causes of sickness that
in its opinion, may be injurious to the health of the inhabitants, within
its town, city or county, or in any car or train of cars within said town,
city or county, and the same shall destroy, remove or prevent as the
case may require. "
CRS '63 66-2-12 LEGAL ACTIONS AND ADVISER "The district attorney
of the judicial district in which a cause of action may arise, shall bring
any action civil or criminal requested by a public health officer to abate
a condition which exists in violation of, or to restrain or enjoin any
action which is in violation of, or to prosecute for the violation of or
for the enforcement of, the public health laws and the standards, orders,
rules and regulations of the state board of health or a county or district /
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710539
o,.QR.,.Ie„sa.,
Board of County Commissioners
June 8, 1971
Page -2-
board of health, , .
In view of the foregoing it is my opinion that the Weld County Health
Department clearly has the power to abate or prevent nuisances,
depending upon the particular facts of each specific case or incident.
This opinion is written pursuant to concern of the Weld County Sheriff's
office and the Weld County Health Department in connection with the
forthcoming rock festival to be held in Erie, Colorado, on Sunday,
June 13, 1971.
Respectful su Witted,
Samuel S, Telep
County Attorney
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