HomeMy WebLinkAbout20142820.tiff WELD COUNTY
CODE ORDINANCE 2014-11
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14
HEALTH AND ANIMALS, AND CHAPTER 30 ON-SITE WASTEWATER TREATMENT
SYSTEM REGULATIONS, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
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, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 14
HEALTH AND ANIMALS
Amend Sec. 14-3-120. Denial of permit or plan disapproval.
A - No Change
B. Appeal to the Board of Public Health. Any person who is denied a permit or whose plans
for a cistern are disapproved may appeal to the Board of Public Health as herein provided.
The applicant must file a written appeal within ten (10) days of denial or disapproval.
C. Variance. Upon a finding that strict enforcement of regulations contained in this Article
would cause undue hardship to the applicant and a further finding of the variance would
not be injurious to the occupants' health or the public health, the Board of Public Health
may authorize the issuance of the variance. Burden of proof is upon the applicant to show
the variance will not conflict with the purposes of these regulations and will not adversely
affect the health of any person.
D. Right to appeal. Should the Board of Public Health deny an appeal or a variance under
Subsection C above, the applicant shall have the right to appeal such decision to the
Board of County Commissioners pursuant to Section 3-8(n) of the Home Rule Charter.
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E. Time of appeal. Every appeal from a decision of the Board of Public Health must be filed
within ten (10) days from the date of the decision of the Board of Public Health. The date of
the decision shall be the date the written order is signed by the Chairman of the Board of
Public Health.
Remainder of Section - No change
Amend Sec. 14-5-10. Purpose.
The purpose of these regulations is to establish the safe and sanitary practice of body art,
the safe and sanitary physical environment where body art is performed, and the safe and
sanitary conditions of equipment utilized in body art procedures. Nothing in these regulations is
intended to create a duty of care or create liability on the part of the Board of County
Commissioners or any agency, officer or employee of the County.
Amend Sec. 14-5-140. Compliance procedures.
A - No change
B. The Board of Public Health, after an administrative hearing at which the licensee shall be
afforded an opportunity to be heard, may recommend to the Board of County
Commissioners, sifting as the Board of Public Health, the imposition of penalty fees for
violations of this regulation not to exceed two hundred fifty dollars ($250.00) for each day
of violation, as specified in Section-25-4-2102, C.R.S. The Board of Health shall conduct
an administrative hearing to determine whether a penalty fee, and in what amount, shall
be imposed. Both hearings, except as set forth in this Article, shall be conducted in
accordance with Section 2-4-50 of this Code. The amount of the penalty shall be
determined after considering the degree of danger to the public caused by the violation,
the duration of the violation, and whether such facility has committed any similar
violations.
C. Suspension or revocation of licenses.
1. Whenever a licensee, operator, or employee of a body art establishment has failed
to comply with any provisions of this Chapter, a hearing may be scheduled by the
Department before the Board of Public Health, pursuant to Section 2-4-50 of this
Code, except as set forth in this Article, to consider whether a recommendation for
the revocation or suspension of the license shall be forwarded to the Board of
Commissioners sitting as the Board of Health. Upon such recommendation to
revoke or suspend a license, the Board of Health shall conduct an administrative
hearing to determine whether a revocation or suspension shall be imposed. The
administrative hearing before the Board of Health shall be conducted in
accordance with Section 2-4-50, except as set forth in this Article. Notice of the
Board of Health hearing shall be deemed accomplished provided the licensee or
operator, or their representative, was present at the Board of Public Health hearing
and was notified at such hearing of the time, date, and place of the upcoming
hearing.
2. Summary suspension. The Director of the Department may summarily suspend a
license issued under this Chapter for a period not to exceed ten (10) days upon a
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finding that any licensee, operator, or employee of a body art establishment has
violated or failed to comply with any provisions of this Chapter resulting in an
emergency circumstance which requires immediate action pending a hearing on
suspension or revocation of a license. The Director first must find that the conduct
of the licensee/operator or other agents or employees or the condition of a body art
establishment presents an imminent danger to the health, safety and welfare of the
residents of the County and patrons of the establishment prior to issuing such an
order pending a hearing on suspension or revocation of a license. The licensee or
permit holder shall receive written notice of such summary suspension. The
temporary suspension shall become effective three (3) days after the date of
mailing the written notice by certified mail, return receipt requested, to the licensee,
or on the date of service of the notice upon the licensee pursuant to the Colorado
Rules of Civil Procedure. In addition to the issuance of notice by certified mail, or
pursuant to the Colorado Rules of Civil Procedure, notice of suspension shall be
conspicuously posted at the body art establishment. A hearing on suspension or
revocation of the license shall be held before the Board of Public Health not later
than ten (10) days after the effective date of the temporary suspension. The written
notice of temporary suspension shall include notice of the time, place, and purpose
of such hearing, as well as the grounds for temporary suspension and possible
further suspension or revocation. At such hearing, the Board of Public Health shall
decide whether to recommend a suspension or revocation, pursuant to Section
14-5-140(C)(1) and, upon forwarding a recommendation for suspension or
revocation to the Board of County Commissioners sitting as the Board of Health,
may extend the temporary suspension until the Board of Health hears the matter,
which shall take place no later than ten (10) days of the Board of Public Health
recommendation for suspension or revocation.
3. Any person whose license has been suspended, pursuant to Section
14-5-140(C)(1) may, at any time, make application for reinstatement of the license.
Within ten (10) days following receipt of a written request, including a statement
signed by the applicant, which specifies that the conditions causing suspension
have been corrected, and the submission of the appropriate re-inspection fees, the
Department shall reinspect the body art establishment or evaluate documentation
provided by an operator. If the applicant is in compliance with the provisions of this
regulation, the license shall only be reinstated upon approval of the Board of
Health.
D. Grounds for revocation, denial or suspension of license.
1 and 2 - No change
3. Refusal to permit entry by the Department or personnel or other agents for
inspection.
4 and 5 - No change
Delete Sec. 14-5-150. Delegation of authority to impose penalty assessments.
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CHAPTER 30
ON-SITE WASTEWATER TREATMENT SYSTEM REGULATIONS
Amend Sec. 30-4-30. Permit application requirements and procedures.
A through D - No change
E. Permit fees.
1. A permit fee, as set by the Board of County Commissioners, shall be required of
applicants for the installation, alteration or repair of an OWTS, payable at the time
the application is received. Permit fees are nonrefundable, except as specifically
provided in Paragraph E.2. below. Permit applications are nontransferable. The
issuance of a permit does not denote approval of any zoning, subdivision or
building code requirements.
2. Fee refunds:
Remainder of Section - No change
Amend Sec. 30-4-110. Systems contractor license.
A through C - No change
D. Suspension or Revocation of license.
1. Whenever a licensee has failed to comply with these Regulations, or for other good
cause shown above, a hearing may be scheduled by the Department before the
Board of Public Health pursuant to Section 2-4-50 of this Code, except as set forth
in these Regulations, to consider whether a recommendation for the suspension or
revocation of the license shall be forwarded to the Board of Commissioners sitting
as the Board of Health. Upon such recommendation to suspend or revoke the
license, the Board of Health shall conduct an administrative hearing to determine
whether a suspension or revocation shall be imposed. The administrative hearing
before the Board of Health shall be conducted in accordance with Section 2-4-50,
except as set forth in these Regulations. Notice of the Board of Health hearing
shall be deemed accomplished provided the licensee, or their representative, was
present at the Board of Public Health hearing and was notified at such hearing of
the time, date, and place of the upcoming hearing.
2. Written notice of suspension or revocation explaining the violations shall be served
upon the holder of the systems contractor license. Service of notice as required in
this Section shall be as provided by the Colorado Rules of Civil Procedure or by
certified mail, return receipt requested, deliverable to the addressee only.
Remainder of Section - No change
Amend Sec. 30-4-120. Regulations of systems cleaners.
A and B - No change
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C. Suspension or Revocation of a systems cleaner license. The procedures described in
Subsection 30-4-110.D. shall be followed for the suspension or revocation of a license.
Amend Sec. 304-170. Penalties.
A. Any person who commits any of the following acts or violates any of the provisions of this
Section commits a Class 1 petty offense as defined in Section 18-1.3-503, C.R.S.:
1. Constructs, alters, installs or permits the use of any OWTS without first having
applied for and received a permit as provided for in these Regulations, the OWTS
Act and any other applicable rules and regulations adopted thereunder;
2. Constructs, alters or installs an OWTS in a manner which involves a knowing and
material variation from the terms or specifications contained in the application,
permit or variance;
3. Violates the terms of a cease and desist order that has become final under the
terms of Section 25-10-106(1)(k), C.R.S.;
4. Conducts a business as a systems contractor without having obtained the license
provided for in these Regulations, the OWTS Act and any other applicable rules
and regulations adopted thereunder;
5. Conducts a business as a systems cleaner without having obtained the license
provided for in these Regulations, the OWTS Act and any other applicable rules
and regulations adopted thereunder;
6. Falsifies or maintains improper records concerning system cleaning activities not
performed or performed improperly; or
7. Willfully fails to submit proof of proper maintenance and cleaning of a system as
required by these Regulations, the OWTS Act and any other applicable rules and
regulations adopted thereunder.
B. In addition to the penalty that may be imposed pursuant to Section 30-4-170(A) above, the
Board of County Commissioners, sitting as the Board of Health, may assess a monetary
penalty pursuant to Section 25-10-113, C.R.S.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions. sections, and
subsections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections,
and subsections in said Code.
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BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective
of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2014-11 was, on motion duly made and
seconded, adopted by the following vote on the 15th day of September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dim., \1/4 �L'1
Douglas ademacher, Chair
Weld County Clerk to the Boar<ISS%u,
J /CY arbara Kirkmey r, Pro-Tem
BY. ''Jr=
ty Clerk o the r
j"P can P. JConway
APPS ED AS •`®UN�
Mike Fre n
cflinty ttorney
William F. Garcia
First Reading: August 4, 2014
Publication: August 13, 2014, in the Greeley Tribune
Second Reading: August 25, 2014
Publication: September 3, 2014, in the Greeley Tribune
Final Reading: September 15, 2014
Publication: September 24, 2014, in the Greeley Tribune
Effective: September 29, 2014
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ORD2014-11
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