HomeMy WebLinkAbout20140395.tiff WELD COUNTY
CODE ORDINANCE 2014-4
12 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 14 HEALTH AND ANIMALS, 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and hereby are, repealed and re-enacted .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
ARTICLE VIII
Rules and Regulations for Methamphetamine Laboratory Cleanup
Amend Sec. 14-8-10. Authority and purpose.
Pursuant to Subsections 25- 1 -507( 1 )(h) and (j) , C . R . S . , the Weld County Department of
Public Health and Environment is authorized to enforce this Chapter in the County. The purpose
of this Chapter is to ensure thatencourage property owners to clean all chemical contamination of
properties resulting from the manufacturing of methamphetamine is cleaned or the properties to
demolished contaminated properties if necessary, to prevent harm to subsequent occupants,
visitors and users of the properties and users of neighboring properties, and to protect the
environment.
Amend Sec. 14-8-20. Definitions.
As used herein , the definitions adopted in Section 25- 18. 5- 101 , C . R . S. , relating to illegal
drug laboratories. and definitions adopted by the Colorado State Board of Health in 6 C . C . R .
1014-3 . Section 3. 0 relating to Regulations Pertaining to the Cleanup of Methamphetamine
Laboratories, are hereby adopted by reference. In addition , the following definitions are adopted:
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Certificate of compliance means an official document that will be recorded with the Weld County
Clerk and Recorder. The document is intended to rectify a certificate of noncompliance once
anotify the public that an environmental health hazard no longer exists on the property and that
the property has met the cleanup conditions stated herein.
Certificate of noncompliance means an official document that will be recorded with the County
Clerk and Recorder when the Department of Public Health and Environment determines that a
property has failed to comply with this Articlebeen contaminated as a result of the manufacture of
methamphetamines.
Delete : Consultant means an ncustria - ygienist as ceinec in Section 2/ 30 ' 402, C. R.S.
Delete: Contractor-means one ( ' ) or more incivicua s or commercia en-i:ies iirec :o perorm et
cleanup and/or remediation of the contaminated property, in accordance with 6 G.C. R. 1014 3.
The Department may estab is -i qua ification requirements for ceanup contractors.
Department means the Weld County Department of Public Health and Environment, or its
authorized agents and employees.
Fit for use means a designation by the Departmentan Industrial Hygienist that a property or a
portion of a property has been decontaminated or demolished in accordance with this Chapter,
cleanup levels required by 6 C . C . R. 1014-3 have been achieved and all applicable fees have
been paid.
Add: Illegal drug laboratory means the areas where controlled substances, as defined by
Section 18- 18- 102, C. R.S. , have been manufactured, processed , cooked, disposed of, used , or
stored and all proximate areas that are likely to be contaminated as a result of such
manufacturing, processing , cooking, disposal, use, or storing .
Delete: Imminent health hazard m ans a concition tia: requires immeciate corrective action to
prevent endangerment of public health.
Add: Industrial Hygienist means an industrial hygienist as defined in Section 24-30-1402,
C . R. S . , and includes a Certified Industrial Hygienist, which is an individual who is certified by the
American Board of Industrial Hygiene or its successor.
Delete: Initial observation means a cetermination by a qua ilec aw enforcement officer that a
property may be contaminatec by ciemica s from the manufacturing of metnampietamine.
Delete: Personal property means any property that is not rea property, inc using but not imite°
to: veiic-es, c-otiing, app iances, furniture anc e ectronics.
Delete: Preliminary assessment means a cocumen-ec eva uation o- a property by a consu tant
:o ce:ermine tie current condition, inc-using tie na:ure anc ex:ent of observab e anc ce:ectab e
contamination, chemical storage and disposal.
Delete: Unfit for use means a cesignation by tie Department of tub is - ea ti anc! Environment
hat a property or a portion of a property las not been cecontaminatec in accordance wit , his
Chapter, las contaminant eves from tie manufacturing of metiampietamine in excess of dose
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specified in 6 C.C. R. 1014 3 or appropriate fees ave not been paid and may not be used or
occupied, except for the purpose of decontamination or-demolition .
Delete: Work plan means a plan written by a consu tant of tie actions p annec to cecontaminate
a-property contaminated by the manufacturing of methamphetamine.
Amend Sec. 14-8-30. Powers and duties.
A . The Department shall have the power and authority to administer this Chapter and may:
Al . , ng
any property reasonab y be ievec to lave ciemica contamination from tie
manufacturing of methamphetaminePrepare, mail to the property owner, and
record with the Weld County Clerk and Recorder a certificate of noncompliance,
following notification by a qualified law enforcement officer that a property has
been used as an illegal drug laboratory and may be contaiminated by chemicals
from the manufacturer of methamphetamine.
82 . Place closure placards on a contaminated property.
C3. ssue notices anc orcers to a property owner to cecontaminate or cemo is -i a
property in accordance wit -i tiis Ciapter, anc in accordance wit , 6 C.C. R.
1014 3Charge fees as approved by the Board of County Commissioners to
implement this Chapter, .
DR .
implement this ChapterThe Board of County Commissioners may declare an illegal drub
laboratory that has not met the clean-up standards set by the State Board of Health to be
a public health nuisance, pursuant to Section 25-18. 5- 105, C . R. S.
E. Provide oversight of decontamination activities required in accordance with this Chapter.
l= Deny, suspend or revoke a decontamination permit of any person who fails to comply with
the requirements of this Chapter.
G. - Order the closure of any property that fails to meet any requirement of this Chapter.
Es:ab •isi qua Vications :or contractors anc consu tants.
These powers anc duties s -ia pertain to properties locatec in boti incorporatec and
unincorporatec areas of tie County, un ess tie municipa governing authority las internal
statutes anc/or procecures. Tie municipa governing autiority may opt to uti ize tie Department
for the final "fit for use" determination.
Amend Sec. 14-8-40. Decontamination/demolition.
A. Tie Department sia require tie owner of a property to restore it to a concition t-i-at4s-f+t
The
certificate of noncompliance shall state that the property has been contaminated by toxic
materials, that an environmental health hazard exists and that the property owner may
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cure the contamination by either obtaining a fit for use designation from an Industrial
Hygienist, or by demolishing the property.
B. A property owner shall cause his or her property to be fit for use by either decontamination
or demolition in accordance with this Chapter: Section 25 18.5 103, C. R.S. , and 6 C.C. R.
1014 3A certificate of noncompliance shall remain of record until it is cured, pursuant to
Paragraph A above.
C. Decontamination o' properties sia be cone uctec wit -in tie time ines out inec in his
Section anc sia not exceed six (6) montis after notification las been servec to the
property owner in accordance with this Chapter.
D. A property owner who chooses to cause his or her property to be fit for use by demolition
sia comp ete sue , cemo ition wit uin tiirty (30) cays fo owing notice by tie Department
hat tie property is unit for use, or wituin suci accitiona time as may be approvec by tie
Department, upon written request of tie property owner.
E. The processing of a property used for the manufacturing of methamphetamine by law
enforcement does not constitute decontamination.
F. No personal property, as defined in this Chapter, may be removed from the structure
un ess it wi be cisposec or appropriate y cecontaminatec in accorcance wit -u 6 C. C.
1014 3.
Amend Sec. 14-8-50. Procedures.
A. Immediately following notification by a qualified law enforcement officer to the Department
that he/she believes a property has been used as an illegal drug laboratory and may be
contaminated, the Department will provide a certificate of noncompliance to the property
owner by certified and/or first class mail, and by posting a copy of the certificate of
noncompliance on the property. Other methods of service may be substituted if
reasonably calculated to give actual notice to the property owner.
B. The Department shall record a certificate of noncompliance with the Weld County Clerk
and Recorder showing that an environmental health hazard temporarily exists on the
property no less than thirty (30) days after the certificate of noncompliance has been
mailed to the property owner, or posted on the property, whichever is later. If the property
owner obtains a fit for use designation which states that the property is not contaminated
or is no longer contaminated before certificate is recorded , the notice shall not be
recorded . The Department may delay recording the certificate of noncompliance if it
reasonably appears that the property owner will be able to provide a fit for use designation
in the near future.
A Contaminated property reports.
1 . Law enforcement agencies are encouraged to report to the Department properties
known or suspected of being an illegal drug laboratory. which may be
contaminated by he manufacturing of methamphetamine -o tie Department
methamphetamine or chemicals related to its manufacture.
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2 . If a property owner knows or reasonably suspects that his or her property has been
used as an illegal drub laboratory and may be contaminated with in the
manufacturing of methamphetamine or chemicals related to methamphetamine
manufacturing, the owner shall report to the Department the potentially
contaminated property, along with his or her name and address, and all other
owners' names and addresses, to the Department.
3. Any person who knows or reasonably suspects that a property has been used in
the as an illegal drug laboratory and may be contaminated with methamphetamine
or chemicals related to methamphetamine manufacturing of methamphetamine
may file a report with the Department.
4. Before taking any other action with regard to such a report filed by a property
owner or any other person , the Department shall forward the information to the
appropriate law enforcement agency. The Department shall only proceed
aftercooperate with the law enforcement agency has completed its investigationto
ensure that any criminal investigation is not adversely affected.
B. C osure p acarcs. Wit uin twenty-four (24) lours upon receipt of noti=fication, tie
Department wi post a closure p acarc, as set forte in Appenoix ' 4-A to his Cuapter, or
request tie appropriate aw enforcement agency to post a c-osure p acarc, on a property
when the initial observation by a law enforcement agency has verified that the property
was used for the manufacturing of methamphetamine and is, therefore, potentially harmful
to uuman lea t u. Eac u exterior coorway of tie property, or of uer appropriate p ace on tie
property, shall be posted with closure placards.
1 . Entry of any property posted with a closure placard is restricted to:
a. The property owner.
1 ) Owners of personal property contained within a property posted
with a closure placard shall notify the owner of the real property
before entering.
b. The consultant.
c. Decontamination or demolition contractor personnel.
d. Department or law enforcement personnel, in the performance of their
official duties.
2 . Any person entering a property posted with a closure placard shall wear
appropriate personal protective equipment to protect from inhalation and dermal
contamination.
a. Prior to entering a property postec wit u a c-osure p acarc, every effort
should be made to allow the structure to air out.
b. Any person entering a property posted with a closure placard does so at his
or her own risk. The Department takes no responsibility for any injury
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incurrec at any time by any person entering a property postec witi a
closure placard.
3. A Gosure p acarc s is cisp ay tie fo owing information:
a. Any special prohibitions or conditions in effect.
b. The address of the posted site.
6. The name anc :e epione number o= : ie Department.
d. That removal of any items from the property is prohibited, except as
allowed by this Section .
Wien c osure p acarcs are poster, tie Deparment sia immeciate y notify the
property owner, by certifies mai , teat tie property is unfit for use anc orcer tie
owner to comp y wi: i Section 25 ' 8.5- ' 03( " ), C. R.S. , by either cecon-amina:ion or
cemo ition o' tie property, a: tie option o' the property owner.
5. The Department may take additional measures to ensure that access to the
property is secures , ins-using but not imitec to requiring perimeter fencing. These
security measures shall remain in place until the Department has made a
cetermination tiat tie property is 'it for use or unti tie property is cemo is iec .
C. Preliminary assessment.
Witiin tiirty (30) cays fo owing receipt of a comp lance orcer 'rom tie
Department, the property owner shall either demolish said property or submit a
pre iminary assessment preparec by a consu tant in accordance witi 6 C. C. R.
1014-3. The preliminary assessment shall be used by the Department to
determine if the property is fit for use or unfit for use.
a. f tie pre iminary assessment r asonab y indicates teat contaminant eve c
do not exceed cleanup levels specified in 6 C.C. R. 1014 3, the Department
shall designate the property fit for use, the closure placards shall be
removed and no further action shall be taken. The property owner shall
receive wri::en no:ice of : its cetermination, a ong wit , otner governing
agencies, as applicable, and this notice will be kept on file at the
Department.
1 ) A -fee will be assessed for review of the preliminary assessment. If
the resulting determination warrants cleanup, this fee may -be
applied towards the decontamination permit fee.
b. If the preliminary assessment reasonably indicates that contaminant levels
co exceec G eanup eves specifiec in 6 C.C. R. ' 0' 4 -3, tie Department
sia notify the property owner tiat a work pan preparec by tie property
owner's consultant in accordance with Section 25 18.5 103(1 ), G.R.S. ,
shall be submitted to the Department
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D. Work plan. When notified of the requirement for a work plan, the property owner shall
submit the work plan to the Department within fifteen ( 15) days, except that, when one (1 )
or more imminent health hazards have been identified by the Department, the work plan or
of ier emergency action may be require° sooner t pan fifteen ( ' 5) Days. Tie Department
may a so extent tie ceac ine for a wor< pan, provicec hat here is no substantia y
increased threat to public health.
Tie Department sia approve tie wer< pan before issuing a cecontamination
permit for the property.
2. If deemec necessary by tie Department, mocifications to tie wor< p an may be
orcerec. Tie Department sia approve any mocilcations to tie wor< p-an prior to
+rnple ►entation-
E. Decontamination permit.
Tie Department sia require a permit for tie cecontamination of any property
contaminatec by tie manufacturing of metiampietamine.
2. A cecontamination permit sia on y be issuec after tie Department receives a
pre iminary assessment, an approvec wor< p an, a comp etec permit app 'cation
and the applicable fee from the property owner.
3. The decontamination permit fee shall cover a one time review, approval and
i-nspection process as follows:
a. Approval of the work plan.
b. Review of the final report.
c. A final property inspection.
4. Additional services. Additional reviews, inspections, reinspections or requests for
Department services wi resu tin accitiona lour y fees as autiorized by the Board
of County Commissioners.
ED. Final report. A final report prepared by a consultantan Industrial Hygienist. as defined in
Section 14-8-20 of this chapter, shall be submitted by the property owner to the
Department following completion of the decontamination . The final report shall be
prepared in accordance with the requirements of 6 C. C. R. 1014-3 . The Department shall
accept the findings of the report as to review the final report and conduct a final property
inspection to determine whether the property is fit for use or unfit for use. If the
Department has previously filed a certificate of noncompliance, and the final report
indicates that the property is fit for use, the Department shall record a certificate of
compliance. The final report shall be kept by the Department for at least seven (7) years,
in accordance with 6 C. C. R. 1014-3: 8. 25The Department may require additional testing in
order to make this determination. The Department shall maintain the final report for a
period of five (5) years.
G. Determination.
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•
1 Fit for use.
a.- The—department s -ia cetermine hat tie property is fit for use if it las been
cecontaminatec in accorcance wit -i tiis Ciapter anc tie requirements of 6 C.C. R. " 0' 4 3
and all fees have been paid.
b. After a property has been determined to be fit for use, Department placards shall be
removed from he property and the decontamination permit fina ized ineicating hat the
property is fit for use. Tie recontamination permit wi be forwarded to tie property owner
and copies sent to otier oca governing agencies as appropriate.
2 . Unfit for use
a. The Department sia cetermine hat tie property is unfit for use if it las not been
cecontaminatec in accorcance wit -i tits Ciapter or tie requirements of 6 C.C. R. ' 0' L 3,
or if applicable fees--have not been paid.
b. If it is determined that the property is unfit for use, it shall remain closed until
decontamination or demolition is complete.
G. I- -the property owner contests a Department determination that a property is unfit for use,
the owner may have the consu tant submit a reeva uation bases on tie origina work p an,
in order to come into compliance with the-applicable requirements. The Department will
then reevaluate its determination.
d . f tie property is ceterminec to be unfit for use after reeva uation, a new work p an must be
submitted by the consultant, detailing how the property will be brought into compliance. An
additional service fee will be assessed.
3F . A determination by the Department that a property meets the requirements of this
Chapter. and 6 C . C . R. 1014-3 does not supersede the regulatory authority of other local ,
state or federal agencies which may also have required closure of the property.
Delete: Sec. 14-8-60. Property owner responsibilities.
When the Department closes a property, the property owner shall use reasonable means
to keep the property secured against entry or occupancy by anyone, except as provided by this
Ciapter, unti suci time as the Department cetermines hat tie property is fit for use or tie
property is demolished. If the property owner coes not maintain tie security of tie property, be
Department may use any reasonab e means to secure it anc may ciarge any costs incurrec to
the owner.
Delete: Sec. 14-8-70. Enforcement.
A. Department inspections may be mace wit i tie consent of tie property owner, occupant or
otier responsib e person. f consent is not grantec , a searci may be mace pursuant to a
searci warrant issue° by a court of competent ..urisciction.
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B. If the Department has inspected a property and determined that the property owner is in
vio ation of tiis Ciapter, or las reasonab e grouncs to be ieve teat tie property owner is in
violation of this Chapter, the Department shall issue an appropriate notice and order to the
property owner.
C. A notice and order issued by the Department shall:
1 . Describe the property where the violation has occurred, and the owner or owners
of the property.
2. centify tie vio ations accorcing to one ( ' ) or more sections of tiis Ciapter.
3. Identify the requirements to achieve compliance with this Chapter.
4 . Set a reasonable time period for the property owner or owners to achieve
compliance.
Any administrative hearing wou c be ie c in accorcance wits Section 2-4 50 o- tiis Coce.
D. — le Department sia serve a notice anc orcer by certifiec mai to tie ast known actress
of the property owner. Other methods of service may be substituted if reasonably
ca cu atee to give actua notice to tie owner of tie property.
E. If the propery owner =ai s to comp y witi tie orcer anc no appea las been properly filed
tie Department may fi e in tie office of tie County C er< anc Recorcer a certificate of
noncomp lance, cescribing tie property anc certifying tiat tie property is in vio ation of
Department regu ations as set forte in a notice anc order. f a certificate of noncomp iance
is fi ee anc, subsequent y, a vio ations lave been correctec anc a fees lave been paid,
tie Department sia fi e a certificate o= comp lance wit -) tie County C er-c ano Recoroer,
certifying hat tie vio ations cescribec in tie notice anc orcer lave been correctec .
F. Within five (5) wor<ing says after a property owner las receiveo a notice and order, he or
sie may request, in writing, an acministrative searing wit ] tie - ea ti Officer. An appea•
may be filed to contest the specific terms of the notice and order or contest the underlying
basis for tie notice ano orcer. f tie Department coes not receive tie written request or
an acministrative searing wit uin tie :ive (5) wor<ing cays, tie notice anc orcer is fina anc
may no: be appea ed to any acministrative entity or court.
G. Any person conducting any activity, operation or condition in violation of this Chapter who,
after being ordered to abate, correct or discontinue such activity, operation or condition,
continues in violation of the order may be prosecuted pursuant to the provisions of
Sections ' 6 ' 3-307, anc " 6 - ' 3 305(' )0, C. R. S. , as a C ass 3 pubic nuisance.
Eaci cay any vio ation of this Ciapter is committee or permittec to continue shall
constitute a separate violation.
Upon approval by the Board of County Commissioners, the Department may file suit or
request crimina prosecution tirougi tie Office of tie District Attorney, or otherwise as
provicec by aw, for in:unctive re ief, imposition of civi or crimina sanctions, co ection of
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fees and such other re ief as is provided by law to correct any condition that exists-+n
violation of this Chapter.
found guilty of vio ating a provision of this Chapter siall be iab e for a I expenses incurred
by tie Department in removing or abating any nuisance concition caused by the violation,
inducing acministrative fees hat the Board of County Commissioners may acopt.
K. The Regulations set forth in this Article shall apply in all areas of the County, including but
not -imited to within incorporatec municipa ities, unless such municipality has adopted
regu ations regarcing tie same sub ect anc wiici i are no ess strict t pan hose ierein set
forth .
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.
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 2014-4 was . on motion duly made and
seconded , adopted by the following vote on the 24th day of March . A. D . , 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST:
Douglas Rademacher. Chair
Weld County Clerk to the Board
Barbara Kirkmeyer, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P . Conway
APPROVED AS TO FORM :
Mike Freeman
County Attorney
William F. Garcia
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First Reading : February 10, 2014
Publication : February 19, 2014, in the Greeley Tribune
Second Reading : March 5, 2014
Publication : March 12 , 2014 , in the Greeley Tribune
Final Reading : March 24, 2014
Publication : April 2 , 2014, in the Greeley Tribune
Effective: April 7 , 2014
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