HomeMy WebLinkAbout20142432.tiff CHAPTER 14: Health and Animals, ARTICLE III, Cistern Water
Sec. 14-3- 120. Denial of permit or plan disapproval.
A. Notice of denial. Written notice of the denial of the permit or disapproval of plan shall
be served upon the applicant as provided by the Colorado Rules of Civil Procedure or by
certified mail, return receipt requested. Service by mail shall be complete upon receipt by the
Department of Public Health and Environment of the return receipt or upon refusal of the party
to accept delivery.
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.
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.
F. Finality of denial. Denial shall become final upon the expiration of time for filing an
appeal or when the final action is taken upon an appeal, whichever is later. (Weld County
Codification Ordinance 2000- 1 )
2014-2432
CHAPTER 14: Health and Animals, ARTICLE V, Rules and Regulations for Body Art
Establishments
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. (Weld County Code Ordinance 2002-8)
Sec. 14-5-140. Compliance procedures.
A. No body art establishment may operate in any portion of the County, nor may any
person practice the art of body art on a person other than himself or herself without obtaining a
license from the Department. Establishments or individuals that continue to operate or practice
without a license from the Department, or which operate in violation of these regulations, will be
subject to enforcement provisions under this Article of the Code.
B. The Board of Public Health, after an administrative hearing at which the licensee shall be
afforded an opportunity to be heard, may assess recommend to the Board of Commissioners
sitting as the Board of 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. The 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 violationsfactors in aggravation or mitigation isted in Section 2 4 50.O of t_iis Code.
C. Suspension or revocation of licenses.
1 . Licenses issued under tie provisions of tiis regulation may be suspenced temporari_y
or revoked by tie Board of Pub .ic Heati for failure of tie icensee to comp_y witn the
requirements of this regulation. -Whenever a licensees or 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
tie Boarc of Public Heat i pursuant to Section 2 / 50.O of tlis Code. 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 finding that
any licensee, operators 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, nNotice of suspension shall be served upon the operator pursuant to the
Colorado Rules of Civil Procedure and by conspicuously posteding at the body art
establishment. A hearing on the temporary-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, and-place, and purpose of such hearing as well as the grounds for temporary
suspension and possible further suspension or revocation. At such hearing, tThe 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.for an adcitiona_ ten (' 0) days at suc 1 rearing or near t ne issue of
3. Any person whose license has been suspended pursuant to Sections 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 except that once the
without concurrence of thatupon approval of the Board of Health.
D. Grounds for revocation, denial or suspension of license.
1 . Obtaining or attempting to obtain a license by fraudulent means or misrepresentation
of any fact.
2. Violation of this Chapter of the Code.
3 . Refusal to permit entry by the Department or personnel or other agents for the plan
review or other inspection.
4. Conduct of practices determined by the Department to be detrimental to the health,
safety and welfare of the patrons of the body art establishment.
5 . Conviction of any felony or for any misdemeanor which affects the ability of the
licensee to meet the requirements of this Article, including but not limited to any crime
involving fraud, deceit, assault or moral turpitude. (Weld County Code Ordinance 2002-8;
Weld County Code Ordinance 2012-2)
See. " '--5- _ 50. De egation of aut writy to impose pena ty assessments.
The Boarc of County Commissioners de_egates to the Board of Public Health the authority
to impose penalty assessments pursuant to Section 25 4 2102, C.R.S., for violations of State
Regu_ations 5 CCR 1010 .22 and to issue _icenses, ane to consider suspensions and revocation of
existing .icenses pursuant to t uis Article of the Code. Nothing in these regu_ations is intended to
create a duty of care or create is Di' ity on the part of the Board of County Commissioners or any
agency, officer or emp_oyee of t le County. (Wet County Coce Ordinance 2002 8)
CIIAPTER 30 OWTS Regulations
Sec. 30-4-30. Permit Application Requirements and Procedures.
E. Permit Fees
1 . A permit fee, as set by the Board of Weld 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 non-refundable except as specifically
I provided in E.23. of this Section. Permit applications are non-transferable. The
issuance of a permit does not denote approval of any zoning subdivision or building
code requirements.
2. The Weld County Board of Pubic Healti and/or tie Division, may ma<e provision for
tie waiver of any permit fee norms_y required for an OWTS.
123. Fee Refunds:
a. The Division may authorize the refunding of any fee paid which was erroneously
paid or collected.
b. The Division shall not authorize the refunding of any fee paid except upon written
request filed by the original permittee.
. .
Sec. 30-4-110. Systems Contractor License.
. . .
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.
. _
.
I 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 registered or certified mail,
return receipt requested, deliverable to the addressee only.
3 . A person who has previously had a systems contractor license revoked may be denied
issuance of a new license by the Board of Public Health.
Sec. 30-4- 120. Regulations of Systems Cleaners.
. . .
C. Suspension or Revocation of a Systems Cleaner License: The procedures described in
Section 30-4- 110.D. shall be followed for the suspension or revocation of a license.
Sec. 30-4- 170. Penalties.
. . . eikaluda t A j CIPNeri S 1.o 4tn La r1 rlt(aars-
0 -s 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.
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