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Home My WebLink About20140691.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2014-4 was introduced on first reading on February 10, 2014, and a public hearing and second reading was held on March 5, 2014. A public hearing and final reading was held on March 24, 2014, and continued to March 26, 2014, with changes being made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2014-4 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE EFFECTIVE DATE: April 7, 2014 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: March 28, 2014 PUBLISHED: April 2, 2014, in the Greeley Tribune ....... CHANGES MADE TO CODE ORDINANCE #2014-4 ON FINAL READING Amend Sec. 14-8-20. Definitions, to read as follows: 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 been contaminated as a result of the manufacture, processing, cooking, disposal, use, or storage of methamphetamines. Fit for use means a designation that a property or a portion of a property has been decontaminated or demolished in accordance with this Chapter, all requirements of 6 C.C.R. 1014-3 have been achieved, and all applicable fees have been paid. 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 storage. aoiy DG9/ Amend Sec. 14-8-30. Powers and duties, to read as follows: A. The Department shall have the power and authority to administer this Chapter and may: 1. Prepare, 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, processing, cooking, disposal, use, or storage of methamphetamine or when an illegal drug laboratory has otherwise been discovered. Remainder of Section - No change Amend Sec. 14-8-40. Decontamination/demolition, to read as follows: A. 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 shall cure the contamination by either obtaining a fit for use designation, or by demolishing the property. Remainder of Section - No change Amend Sec. 14-8-50. Procedures, to read as follows: 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, or when an illegal drug laboratory has otherwise been discovered, 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 - No change C. 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 methamphetamine or chemicals related to its manufacture processing, cooking, disposal, use, or storage. 2. If a property owner knows or reasonably suspects that his or her property has been used as an illegal drug laboratory and may be contaminated with methamphetamine or chemicals related to methamphetamine manufacturing, processing, cooking, disposal, use, or storage, 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. 3 and 4 - No change D. Final report. A final report prepared by an 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 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. Remainder of Section - No change NOTICE OF FINAL READING OF ORDINANCE Pursuant to the weld County Noma Rude Charter,Ordnance Hurter 2014-4 time introduced on Pout reading on February,o. 2014,anti a pew hearing and second r nines herd an Affidavit of Publication Nsrdr IL 2014. A puttic nlheeewnrvntgp and fnal wee' d on IOW,64,p014,end oat*! 4la Wen 26,201 .with cheers s. s made as Seed below.and on motion duly mete and sec- onded.roue adopted. Effective date d said Ordinance Is Meted bs Any bacthe anal.exhCounty C or Commissioners previously STATE OF COLORADO to Course Commnsslexera corteea mar erg be examined in the office of the Berk to the Bowl ol SS. County Comnresiawa,located within the Weld County Actnin- swaaan Silken,1160 O Street,Greeley,Colorado,between the lets of e:do a.m and 5:00 p.m..Monday Inn,Friday,or may fie County of Weld, aoceeeed through the Weld County Web Page twiewbo nvekf.mus). E-Mad meeange.Bent ban kndwiduer Co wrmseorer new not be includedIn the care sae TO sneers I Desires Larson vnCkUaian at pur E-CMail correspondence into 2*case{Me.pease EbNO. 2014-41w•id.co LLS. REENACTING. ITH E. IN AMENO MATTER NT .CWIPTER 4M`EALTH ND of said County of Weld, being duly sworn, say AND ANIMALS,OF THE WELD COUNTY CODE that I am an advertising clerk of EFFECTIVE OATI�Apl/7,2014 0 BOARD OF COUNTY COMMISSIONERS SWUM COUNTY,COLORADO THE GREELEY TRIBUNE, DATE[T March 28,2014 PUOUSHEO' April 2,2014,in the Greeley Tnbune that the same is a daily newspaper of general CHANGES MADE TO=OE ORDINANCE 4 2914-4 ON FINAL circulation and printed and published in the City of READING Greeley, in said county and state; that the notice or mood Bi 1d a 2 c, 0.Dennioons,to reed as follows: Cwr41Me a lance means an official document that wilt advertisement,of which the annexed is a true copy, bepertinent recotinenttof Public the my Errylerk and Rat date when the De- has been published in said daily newspaper for pwrtrterM a Pubis Health and EnWrorarwH determrrte that a property has been conteminated as a moue of the manufacture pro ,cooling.disposal.use,or storage a methamorwe- consecutive(days): that the notice was published in the regular and entire issue of every number of said Ft tor Use means a daargnaucn theta or it portion of a newspaper during the period and time of propony his been with this Chapter.we�oor t'a,n occoMence addssed.and ea appecatee fees Nee Dean paid. publication of said notice, and in the newspaper re*0R1g laboratory means the areas where controlled proper and not in a supplement thereof; that the Kbua oss.as eetk.d ey Section 16.18-102,C.R.S.,have been first publication of said notice was contained in the manufactured,protrswed.coated disposed or,oat.or stored end WI beelines mess that are key b be cantemmbea as a Second day of April A.D. 2014 and the last reaun 04 such mu ffeed tufng,processing.cooking,disposal.use. Or ebfage. publication thereof: in the issue of said newspaper Anrnd Sec.14-8-30.Powers and dada.to reed as fasows• bearing the date of the Aadminister D.p�tC �m prewar Second day of April A.D. 2014 that said The 1-Prepare marl to the property owner.and record with tat weld Greeley Tribune has been published continuously CaaMY Cie*and Recede a coerce*,ce nonoonpuanos. w rarldaaOr try at qualified law sr>w,t,.rr,n alas,stet a properly hes and uninterruptedly during the period of at least six ed by oftentimes oftentimes:ant emanufacturer.Mega drug processing. ry be months next prior to the first issue thereof Ooddhg,disposal.use,or storage of metttactphet mine or when an easel drug latoratery has otherwise been discovered. contained said notice or advertisement above Remainder o,Section-No,-Lange referred to; that said newspaper has been admitted Amend Sec.14-8-40 to std as to the United States mails as second-class matter 1D`°w` O e,h,,,s,,,,that Me under the provisions of the Act of March 3,1879,or A.The otele Ste a ,l e been�' h to>r," .that an a,a i any amendments thereof; and that said newspaper le urination by either obtaining Hv r y owner what cure the op171 „q the property x is a daily newspaper duly qualified for publishing Remainder of Section-Na ch legal notices and advertisements within the > meaning of the laws of the State of Colorado. Amend Sec.14-4-5wk�a.Pir dewea,lo reed as Meows Aitemedistray o anformantem officer loer the Department that haisho believes a PpDa ►was been used sou an rile pug laboratory and may it April 2,2014 .meet. ailed,or when en legal taboraaxy has otherwise re been decored,the Deportment provide a oereeeae of norazerqesnot oleos reek,end bey posting a copy a the cai kale o+the properly owne trir candled °`fine Total Charges: $27.05 nOnCOMPAIMOO On the o aprely Cene methods of aerate may be subenuted if lie property earner. mad to give seaiei notice to r r 1 changeB-No C.comaMnYusad property reports. cl.),...tOkA.L; 1 titer enbrcernent agencies at etc -aged to reOoA to the '"or .awwo be oI ,� 2nd day ofAp20 4 making.dfepo•af,use,or menage. v 2..•property borer knows or e"s0^a»iy thet NS or My Commission Expires 6/14/2017 her property boa been used es an le oonleminated withegat drug laborawry and ices a la d m�ntale cher n wakke deposal..me,or storage,the owner s processing.to the the pntw,ilally ebrttameteled property,along with he at verge and address,and all meet owners'names end aiMeaees. 3 and 4-No change t1.RfrW nsport A Meal report prepared by an Insured Hygerrest, //‘.. 1_Z161':/4/./. as dewed rn Section I4$20 of this chapter,at be submitted by the mostly owner to the Department blowing completion iRr�.The final report tee be Premed in Cl Not8 aaDe- partmentry Public por�lce alto tie requirements eents a 6 C.C.R 1014-3 The .tee accept the endings Cl to report a8 t0 whether the mammy is 6t for use or unlit for use. a the Deciersntent naa ROBERT LITTLE �a certificate of noncompliance,and the snag NOTARY PUBLIC report that the properly ha III I0f use,the Depennse STATE OF COLORADO shwa record a certlrcate at oompnance NOTARY ID 20014018194 Periencier Cl Sector-No changeMY COMMISSION EJ(PIRES JUNE 14.2017 The Tribune - AprM 2.2014 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2014-4 was introduced on first reading on February 10, 2014, and a public hearing and second reading was held on March 5, 2014, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on March 24, 2014. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2014-4 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE DATE OF NEXT READING: March 24, 2014, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: March 7, 2014 PUBLISHED: March 12, 2014, in the Greeley Tribune ca)P1- 01091 Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Desirea Larson of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley,in said county and state;that the notice or advertisement,of which the annexed is a true copy, Q _, ::, has been published in said daily newspaper for $ECOND;READfP4Q:gr.;O� CF.;,n...c: consecutive(days):that the notice was published in iiniiaihou i.wit ito ,cti the Nothber f04-4 was it,roducee �"w' regular entire issue of every number of said and 2014,and a public hearing end `F "x ter newspaper during the period and time of Mardi 5,204;with no chenge;behlg m Ordinance.A public hearing and third r publication of said notice, and in the newspaper heidin the Chambers of the Board located*' the Greeleytao(p proper and not in a supplement thereof; that the County Administration Building;1150 O Street,. redo 80631,on March 24;2014 AIf persons In an terested in the next reading ofsald Ordihanoa are ;' first publication of said notice was contained in the attend and maybe heard � � Twelfth day of March A.D. 2014 and the last Board's Office at hone 97p� 52 0242'prior t°Meth heafthg if,as a:re u t off a : publication thereof: in the issue of said newspaper disability,you require reasonable aceominociatione in order t9 participate in this hearing. Any backup material extiibits'r in- bearing the date of the formation previously submittedto the Boardot County`Commts stoners concerning this matter may'be examinedin the office of Twelfth day of March A.D. 2014 that said The the Clerk to the Board of County Commisstoners,locatedw(thin the Weld County Administration Building,115o o Street;arati Greeley Tribune has been published continuously ley,Colorado;between the hours of 8:00 a.m.and 5:00 p M a Monday thru Friday,or may be accaseed through the Weld County and uninterruptedly during the period of at least six Web'Page(www.co.weld,co.us}, E-Mail messages senC to an individual Commissioner may not be included In'Thecae_ months next prior to the first issue thereof tile.•To ensure inclusion of your E•Mail correspondeLN(1p caseflle;please send a copy to egesickeco.weld qo :'/' . , contained said notice or advertisement above ORDINANCE NO.2014-4 REENACTING,, ORDINANCE iWITH AMENDMTLE: IN,THE ENTS,CHAPTERTTER OF �La l referred to; that said newspaper has been admitted AND ANIMALS,OF THE WELDCOUNTyCPTE '-'' ' to the United States mails as second-class matter DATE OF NEXT READING Marsh 2d; 4syg •hi. '.. 'BOARD OF COUNTY COMMIS$ ,':•.y-;':.-'.r ?= ,. under the provisions of the Act of March 3,1879,or WELD COUNTY,COLORADO ! H&M, any amendments thereof; and that said newspaper .F DATED ,Ma,r n 7,20,4 ::;.t,....".; is'a daily newspaper duly qualified for publishing The Tribune:'.' :..'.." v r.:`=.''..: W:::,.:*:-. 4 :; legal notices and advertisements within the March 122014. y ,: meaning of the laws of the State of Colorado. March 12,2014 Total Charges: $8.50 12th day of Mar h 2 .4 My Commission Expires 6/14/2017 Notary Public • ROBERT LITTLE r NOTARY PUBLICSk 5 STATE OF COLORADO NOTARY ID 2OO14O18494 1 AMY COMMISSION EXPIRES JUNE 14,2017 ' WELD COUNTY CODE ORDINANCE 2014-4 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 encourage property owners to clean all chemical contamination of properties resulting from the manufacturing of methamphetamine , to demolish 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: Certificate of compliance means an official document that will be recorded with the Weld County Clerk and Recorder. The document is intended notify the public that an environmental health 2014-0691 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 been contaminated as a result of the manufacture of methamphetamines. Delete: Consultant. Delete: Contractor. Department means the Weld County Department of Public Health and Environment, or its authorized agents and employees. Fit for use means a designation by an 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. 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. Delete: Personal property. Delete: Preliminary assessment. Delete: Unfit for use. Delete: Work plan. Amend Sec. 14-8-30. Powers and duties. A. The Department shall have the power and authority to administer this Chapter and may: 1. Prepare, 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. 2. Place closure placards on a contaminated property. 3. Charge fees as approved by the Board of County Commissioners to implement this Chapter. B. The 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. Amend Sec. 14-8-40. Decontamination/demolition. A. 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 cure the contamination by either obtaining a fit for use designation from an Industrial Hygienist, or by demolishing the property. B. A certificate of noncompliance shall remain of record until it is cured, pursuant to Paragraph A above. 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. C. 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 methamphetamine or chemicals related to its manufacture. 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 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. 3. Any person who knows or reasonably suspects that a property has been used as an illegal drug laboratory and may be contaminated with methamphetamine or chemicals related to methamphetamine manufacturing 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 cooperate with the law enforcement agency to ensure that any criminal investigation is not adversely affected. D. Final report. A final report prepared by an 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 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. 1014-3:8.25. E. 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, or federal agencies which may also have required closure of theproperty. state g q Delete: Sec. 14-8-60. Property owner responsibilities. Delete: Sec. 14-8-70. Enforcement. 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 numbering of chapters, articles, divisions, capitalization, grammar, and nu g or placement p 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. NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2014-4 published above, was introduced and, on motion duly made and seconded, approved upon first reading on February 10, 2014, A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on March 5, 2014. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2014-4 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE DATE OF NEXT READING: March 5, 2014, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: February 14, 2014 PUBLISHED: February 19, 2014, in the Fort Lupton Press Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Desirea Larson of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state;that the notice or advertisement,of which the annexed is a true copy, has been published in said daily newspaper for consecutive(days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Nineteenth day of February A.D. 2014 and the last publication thereof: in the issue of said newspaper bearing the date of the Nineteenth day of February A.D. 2014 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. February 19,2014 Total Charges: $69.38 19th day of te• ,� 2014 My Commission Expires 6/14/2017 /i Gi, Notary Public ley ROBERT LITTLE 1 s ti NOTARY PUBLIC STATE OP COLORApO NOTARY I©20014018494 ti MY COMMISSION ERPIRES JUNE 14 2077 1 WELD COUNTY. CODE ORDINANCE 2014-4 • IN THE MATTER OF PEPEALING 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,pur- . suant to Colorado statute and the Weld County Home Rule Charter,is vested with the authority of B. The Department shall record a certificate of noncompliance with the Weld County Clerk and administering the affairs of Weld County,Colorado,and Recorder showing that an environmental health hazard temporarily exists on the property no less. •WHEREAS,the Board of County Commissioners,on December 28,2000,adopted Weld County than thirty(30)days after the certificate of noncompliance has been mailed to the property owner, Code Ordinance 2000-1,enacting a comprehensive Code for the County of Weld,including the or posted on the a properly,ttthe whichever lot c.n the property ar is owner obtains contaminateda for tsd before befo certonatei ecorsthat ice is not cd he iD p longer dea ing codification of all previously adopted ordinances of a general,entl permanent nature enacted on or before said date of adoption,and certificate is f reoed,the notice i ishall so not y be recorded.s The Department may be recording pr the certificateida of noncompliance use n it it reasonably t appears that the property owner will be able to pro- WHEREAS,the Weld County Code is in need of revision and clarification with regard to prose- pro- vide a fit for designation in the near future. • dures,terms,and requirements therein. - - C. Contaminated property reports. - NOW,THEREFORE,BENT ORDAINED by the Board of County Commissioners of the County of 1. Law enforcement agencies are encouraged to report to the Department properties Weld,State of Colorado,that certain existing Chapters of the Weld County Code be,and hereby P p h rap known or are,repealed and reenacted,with amendments,and the various Chapters are revised to read suspected isof being to illegal drug tureratory,which may be contaminated by methamphetamine as follows. or chemicals related Its manufacture. CHAPTER 19• 2. If a property-owner knows or.reasonably suspects that his or her property has been used as HEALTH AND ANIMALS an illegal drub laboratory and may be contaminated with methamphetamine or chemicals related to methamphetamine manufacturing,the owner shall report to the Department the potentially ' ARTICLE VIII - contaminated property;along with his_or her name and address,and all other owners'names and • addresses. • and Regulations for Methamphetamine Laboratory Cleanup - 3, Any person who knows or reasonably suspects that a.property has been used as an illegal Amend Sec.14-8-10.Authority and pu • rpose drug laboratory and may be contaminated ith metham methamphetamine or chemicals related to meth- Pursuant to Subsections 25-1-507(1)(h)and(j),C.R.S the Weld County Department of P Public Health and Environment is authorized to enforce this Chapter in the County.The purpose amphetamine manufacturing file a report with the Department, of this Chapter is to encourage property owners to clean all chemical contamination of properties 4. •Before taking any other action with regard to such a report filed by aproperty resulting from the manufacturing of methamphetamine to demolish contaminated properties if9 P fw o any other y. hn,the rtmentmhal shall Cooperate the information lan to ethe appropriate e lawreenforcement a necessary,to prevent to subsequent occupants,visitors and users of the properties and users of neighboring properties,and to protect the environment. cgennal The ligation is nshall d ersely ae with the.law enforcement agency4aonsuro that any criminal investigation is not adversely affected. IAmend Sec.14-8-20.Definitions. D. - Final report A final report prepared by an Industrial Hygienist,as defined in Section 14-8-20 As used herein,the definitions adopted in Section 25-18.5-101,C.R.S.,relating to illegal of this,chapter,shall be submitted by the property aWner to the Department following completion drug laboratories,and definitions adopted by the t State Board of Health in 6 C.C.R.' of the decontamination.The final report shall be prepared in accordance with the requirements 1014-3,Section 3.0 relating to Regulations Pertaining to the Cleanup of Methamphetamine. th pro of laboratories{are hereby adopted by reference.In addition,the following definitions are'adopted: 6 C.C.R.1014-3.The Department shall findings of the'report as to whether theprop- erty is fit for use or unfit for use. If the Department has previously filed a certificate of cordaCertificate of compliance means an official document that will be recorded with the Weld County noncompli- ance,and the final report indicates that the property is fit for use,the Department shall record a Clerk and Recorder.The document isyears,in of commie wit The C.C.R.final report shallbe kept by the Department at least seven 7 intended nobly the public that m t the environmental up con health years,in accordance with 6 C. 1014-3:8.25. ( ) shazardtated noer longer exists on the property and that the property has met cleanup contlitions stated.herein, _ E. A determination by the Department that a properly meets the requirements of this Chapter •Certificate of noncompliance means an official document that will be recorded with the County and 6 C.C.R..10143 does not supersede the regulatory authority of other local,state or federal agencies which may also'have required:closure of the property. Clerk and Recorder none noncompliance when-the an of oil dole Health and Environment determines es that aP P y property has been contaminated as a result of the manufacture of methamphetamines. Delete: Sec.14-8-60 Property ownerresponsibilities. ! Delete:Consultant. ' Delete: Sec.14-8-70.Enforcement. Delete:Contractor. ' BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be,and hereby is,directed Department means the Weld County Department of Public Health and Environment,arils autho- - to arrange for Colorado.Code Publishing to supplement the Weld County.Code with the amend- rized agents and employees. - merits contained herein,to coincide with chapters,articles,divisions,sections,and subsections as they currently exist within said Code;and to resolve any inconsistencies regarding capitaliza- partian of a prop- tion,grammar,and numbering or placement of chapters,articles,divisions,sections,and subset •Fit for use means's designation by an Industrial Hygienist that a property or a erty has been decontaminated or demolished in accordance with this Chapter,cleanup levels . lions in said Code." required by 6 C.C.R.1014-3'have been achieved and all applicable tees have been paid. BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence, Add: Illegal drug laboratory means the areas where controlled substances,as defined by.Section clause,or phrase of this Ordinance is for any reason held or decided to.be unconstitutional 18-18-102,C.P.S.,have been manufactured,processed cooked,'disposed of,used,or stored such issiionn shall not delay the validity tit of the remaining eat portions tOrdinance dac. The Bcharn of very and all proximate areas that are likely to be contaminated as a result of such manufacturing,pro- Commissioners ion,her pyagr ph, mae woultl have rid phra teitherores in e each and every' cessing,cooking,disposal,use,or storing section,subsection,paragraph,sentence,paragraphs,clause, sentences, phrase thereof irrespective of the fact that any one or more sections,subsections, sentences,clauses,or phrases might be • declared to be unconstitutional or invalid.Delete: Imminent health hazard. - • - Add: Industrial Hygienist means an industrial hygienist as defined in Section 24-30-1402, *• NOTICE OF C.R.S.,and includes a Certified Industrial.Hygienist,which is en individual who is certified by the • FIRST READING OF ORDINANCE American Board of-Industrial Hygiene or its successor. - ` • Celete: Initiafobservation. - Pursuant to the Weld County Home Rule Charter,Ordinance Number 2014-4 published above, was introduced and,on motion duly made and seconded,approved upon first reading on Delete: Personal property. February 10,.2014,A public hearing and second reading is scheduled to be held in the Chambers - of the Board,located within the Weld County Administration Building,11500 Street,Greeley, Delete: Preliminary assessment. • 'Colorado 80631,on March 5,2014.All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Delete: Unfit for use. • office at phone(070)336,7215,Extension 4225,or fax(970)352-0242,prior to the day of the • hearing if,as the result et a disability,you require reasonable'accommodations in order to par- TO MO in this hearing. Any backup material,exhibits or information previously submitted to the Delete: Work plan. • Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners,located within the Weld County Administration Amend Sec.14-8-30.Powers and duties. re A. The Department shalt-have the.power and authority to administer this Chapter and may: Building,1150 O Street;Greeley,Colorado,between the hours of 8:00 a.m.Page (own 0 p.m., ' Monday thru Friday,or may be accessed through the Weld County Web Page(ed in Ih.wels. 1. Prepare,mail to the property owner,and record with Weld County Clerk antl Recorder co.os). E-Mail messages sent to an individual Commissioner may not be included in the case. a certificate of noncompliance,following notification by a qualified law enforcement officer that a file.'To ensure inclusion of your E-Mail correspondence into the case file,please send a copy to egesick@co.weldco.us. property has been used as an illegal drug laboratory and may be contaminated by chemicals from the manufacturer of methamphetamine: i ORDINANCE Na 2014-4 • 2. Place closure placards on a contaminated property. ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING,WITH ' • 3. Charge fees as*roved by the Board of County Commissioners to implement this' AMENDMENTS,CHAPTER 14 HEALTH AND ANIMALS,OF THE WELD COUNTY CODE Chapter DATE OF NEXT READING: March 5,2014,at 9:00 am. • B. The Board of County Commissioners may declare an illegal drub laboratory that has not BOARD OF COUNTY COMMISSIONERS • • met the clean-up standards set by the State Board of Health to be a public health nuisance,pur- WELD COUNTY,COLORADO • ' suant to Section 25-18.5-105,C.R.S. • Amend Sec.-14-8-40.Decontamination/demolition. DATED: February 14,2014 A. The certificate of noncompliance shall state that the property has been contaminated by. toxic materials,that an environmental health hazard exists and that the propery owner may cure The Tribune the contamination by either obtaining a fit for use designation from an Industrial Hygienist,or by February 19,2014 demolishing the property. B. A certificate of noncompliance shall remain of record until it is cured,pursuant to Paragraph A above 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 con- laminated,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 maybe substituted if reasonably calculated to give actual notice to the properly owner. Hello