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HomeMy WebLinkAboutpitkin.eh.247318100027 (2004)_CEASE & DESIST LTRDocument Layout (From Most Recent to Oldest Permit) Permit Application Log Sheet/Notes & Photos Communications. As -built Design Engineer Design Soil Information Water Permit & Information Second System on prope.rty Third System .etc. Floor Plans Please See Building and Land Use Approvals Files for additional information. 0 0 REDS` ;D September 2, 2004 SEP 2 2004 P; [KIN dtY E VIRONME . Al- HEALTH Dale Sorenson General Delivery Meredith, CO 81642 Re: Cease and Desist Order, Parcel ID# 2473-181-00-027 24373 Frying Pan Rd, Thomasville Dear Mr. Sorenson: This letter serves as an official order to cease and desist from the use of the septic tanks on your property which have been not been used since the building burned down. A hearing was held on September 1, 2004. Based on the information presented, it was determined that a Cease and Desist order may be administered at this time. The septic tanks constitute a threat to public health and must -be properly abandoned. This order is issued under the authority of the Pitkin County Sewage Disposal System Regulation, Section 6.28.200 J. Cease and Desist orders. The exact violation of the Regulation is: 6.28.550 Termination of Use of System: The contents of a septic tank, vault, or seepage pit, the use of which has been terminated, must be properly disposed of. Then the emptied tank, vault, or pit must be filled with soil or rock, or the Environmental Health Specialist may require the tank or vault to be removed and disposed of properly The abandonment must be completed within 2 weeks of the hearing (September 15). The Environmental Health Department must do a site inspection to verify the system has been properly abandoned and must receive a receipt from the septic pumping company. 0405 Castle Creek Road, Suite 10 Aspen, Colorado 81611 (970) 920-5070 fax 920-5077 www.pitkingov.tom If the system is not properly abandoned by September 15, 2004, the Department intends to pursue penalties which could include fines of up to five hundred dollars and/or six months in prison, pursuant to § 25-10-113(1)(c), C.R.S.. Also, pursuant to § 25-10-113(2), C.R.S., you may be subject to fines issued by the Board of Health in the amount of $50 per day, with each day of non-compliance constituting a separate offense, retroactive to the date the cease and desist order came into effect. Section 25-10-106(1)(k)(I) of the Colorado Revised Statutes states "...a hearing... shall be conducted by the health officer not less than 48 hours after written notice thereof is given to the owner or occupant of the property on which the system is located and at which the owner and occupant may be present, with counsel, and be heard." This order is reviewable in district court for a petition filed not later than ten days after the order is issued. If you have any questions regarding this issue, please do not hesitate to call. Sincerely, Nancy MacKenzie, Senior Environmental Health Specialist 970-920-5076 cc: Chris Seldin, Assistant County Attorney LLC I� Pitkin County � September 2, 2004 Dale Sorenson General Delivery Meredith, CO 81642 Re: Cease and Desist Order, Parcel ID# 2473-181-00-027 24373 Frying Pan Rd, Thomasville Dear Mr. Sorenson: 0 Enoirnmmenl I Asaph This letter serves as an official order to cease and desist from the use of the septic tanks on your property which have been not been used since the building burned down. A hearing was held on September 1, 2004. Based on the information presented, it was determined that a Cease and Desist order may be administered at this time. The septic tanks constitute a threat to public health and musf be properly abandoned. This order is issued under the authority of the Pitkin County Sewage Disposal System Regulation, Section 6.28.200 J. Cease and Desist orders. The exact violation of the Regulation is: 6.28.550 Termination of Use of System: The contents of a septic tank, vault, or seepage pit, the use of which has been terminated, must be properly disposed of. Then the emptied tank, vault, or pit must be filled with soil or rock, or the Environmental Health Specialist may require the tank or vault to be removed and disposed of properly The abandonment must be completed within 2 weeks of the hearing (September 15). The Environmental Health Department must do a site inspection to verify the system has been properly abandoned and must receive a receipt from the septic pumping company. 3 in n.--- r -I -._.e.. 01 L k If the system is not properly abandoned by September 15, 2004, the Department intends to pursue penalties which could include fines of up to five hundred dollars and/or six months in prison, pursuant to § 25-10-113(1)(c), C.R.S.. Also, pursuant to § 25-10-113(2), C.R.S., you may be subject to fines issued by the Board of Health in the amount of $50 per day, with each day of non-compliance constituting a separate offense, retroactive to the date the cease and desist order came into effect. Section 25-10-106(1)(k)(I) of the Colorado Revised Statutes states "...a hearing...shall be conducted by the health officer not less than 48 hours after written notice thereof is given to the owner or occupant of the property on which the system is located and at which the owner and occupant may be present, with counsel, and be heard." This order is reviewable in district court for a petition filed not later than ten days after the order is issued. If you have any questions regarding this issue, please do not hesitate to call. Sincerely, Nancy MacKenzie, Senior Environmental Health Specialist 970-920-5076 cc: Chris Selft Assistant County Attorney LLC 0 M1 MEREDITH, GO 81612 Ln Poste,,. S 0.37 UNIT 0528 rC.Huiee Fee 2.30 ����? ED Retum Receipt Fee O (Endorsement Required) O Restnctetl Deli.ry Fee O (Endo anent RequheE) C3 Total Postage 8 re. .d _r Sent O ru reel P. No.; O or PO Box No. 0 cfry, stela, nv. a � 0 ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse SO that we can return the card to you. ■ Attach this card to the back of the mailpiece, Or on the front 0 space permits. 1. Ankle Addressed to: 46/' 1* 0. Signature 3. Service Type 0 x 0 Agent B. Received by (pnnted Name) 0 Address e C. Date of Delivery D. Is delivery address different from kern 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mail ❑ EXPrees Mall 0 Registered 0 insured Mail 0 Retum Recelpt for Merchandise 0 C.O.D. 2. Article Number �G 4. Restricted Delivery! (Eh, Fee ) OYes 7002 0 460 0000 (transfer from service label) 7685 —_ 8470 PS Form 3811, February 2004 Dorrrestic Return Receipt . 102505-02-ht-tsao Pitkin Coun4 August 19, 2004 Dale Sorenson General Delivery Meredith, CO 81642 970-927-5129 0 Certified 7002 0460 0000 7685 8463 RE: 24373 Frying Pan Rd, Thomasville Parcel ID # 2473-181-00-027 Dear Mr. Sorenson, Fnrilo m� ental Health This letter serves as an official notice of a hearing to be held on Wedn s u at the old September 1 2004Taveat 9:00 am. regarding the wastewater treatment system owned by y property. The hearing will be at the Health and Human Services Building, 0405 Castle Creek Rd, Aspen. It has come to the attention of this department that the septic tanks have not been properly abandoned that had served the Sunneydale Tavern property. The building this system served burned down and the existing system causes a potential threat to public health. The septic system must be properly abandoned. 6.28.550 Termination of Use of System: The contents of septic tank, vault, or seepage pit, the use of which has been terminated, must be properly disposed of. Then the emptied tank, vault, or pit must be filled with soil or rock, or the Environmental Health Specialist may require the tank or vault to be removed and disposed of properly If the hearing determines that the existing tanks are a threat to public health, the abandonment must be completed within 2 weeks of the hearing (September 15). The Environmental Health Department must do a site inspection to verify the system has been properly abandoned and must receive a receipt from the septic pumping company. If the system is not properly abandoned by September 15, 2004, the Department intends to pursue penalties which could include fines of up to five hundred dollars and/or six months th subjectisonto fines pursuant to § 25-10-113(1)(c), C.R.S.. Also, pursuant to §.25-10-113(2), C.R.S., y may issued by the Board of Health in the amount of $50 per day, with each day of non-compliance constituting a separate offense, retroactive to the date the cease and desist order came into effect. Please contact me if you will complete the abandonment and can schedule an inspection before the September I" hearing. Sincerely, Nancy MacKenzie Sr. Environmental Health Specialist 970-920-5076 Cc: Chris Seldin, Assistant County Attorney _Brian Pettct. Public Works Director 1h U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail only: No Insurance Coverage Provided) rn 7 IgFOITH. CO R1642 Poetege, S oo -a Certified Fee M1 C3 Return Receipt Fee (Endorsement Required( C3 C3 Restricted Delivery Fee Required) p (Endorsement p Total Postage a Feea IFiy rU J.,t_--- ...... _._3e, nP. 4 ER M -E 2.30 Poelmali( Clerk: R19 WIN04 ■ Complete items 1 2, and 3. Also complete Item 4 if RestrictWd Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: bAL% SoIR�N sort GeNextill bEi-)veRy MEilt_eel-TH Cp V& y:2 - A. Received by (Please Print Clearly) I B. Date of Delivery C. Signature 0 Agent X 0 Addressee D. Is delivery address different from Rem 17 0 Yes If VES, enter delivery address below: El No 3. Service Type 0 Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Dft Fee) 0 yes 7002 0460 0000 7685 8463 PS Form 3811, July 1999 Domestic Return Receipt 102595-WM-0952 AN I August 19, 2004 Dale Sorenson General Delivery Meredith, CO 81642 970-927-5129 Certified 7002 0460 0000 7685 8463 RE: 24373 Frying Pan Rd, Thomasville Parcel ID # 2473-181-00-027 Dear Mr. Sorenson, EArodmentdl Bedlth This letter serves as an official notice of a hearing to be held on Wednesday, September 1, 2004 at 9:00 am. regarding the wastewater treatment system owned by you at the old Sunneydale Tavern property. The hearing will be at the Health and Human Services Building, 0405 Castle Creek Rd, Aspen. It has come to the attention of this department that the septic tanks have not been properly abandoned that had served the Sunneydale Tavern property. The building this system served burned down and the existing system causes a potential threat to public health. The septic system must be properly abandoned. 6.28.550 Termination of Use of System: The contents of septic tank, vault, or seepage pit, the use of which has been terminated, must be properly disposed of. Then the emptied tank, vault, or pit must be filled with soil or rock, or the Environmental Health Specialist may require the tank or vault to be removed and disposed of properly If the hearing determines that the existing tanks are a threat to public health, the abandonment must be completed within 2 weeks of the hearing (September 15). The Environmental. Health Department must do a site inspection to verify the system has been properly abandoned and must receive a receipt from the kk septic pumping company: Ah If the system is not properly abandoned by September 15, 2004, the Department intends to pursue penalties which could include fines of up to five hundred dollars and/or six months in prison, pursuant to § 25-10-113(1)(c), C.R.S.. Also, pursuant to §.25-10-113(2), C.R.S., you may be subject to fines issued by the Board of Health in the amount of $50 per day, with each day of non-compliance constituting a separate offense, retroactive to the date the cease and desist order came into effect. Please contact me if you will complete the abandonment and can schedule an inspection before the September Iat hearing. Sincerely, Nancy MacKenzie Sr. Environmental Health Specialist 970-920-5076 Cc: Chis Seldin, Assistant County Attorney Brian Pettet, Public Works Director 0405 Castle Creek Road, Suite 10 Aspen, Colorado 81611 8 (970) 920-5070 fax 920-5077 www.pitkingov.corn ��,� i r '� •"ate .. I ' ��l 'S�~ter `ti•f' • � �1 w '� - yIL - i June 22, 2005 0 June 22, 2005 6/29/2005 5:14:33 PM _(r��MG�.�y - /' -[_� i� w.. 11 '� . ��. - -- -n.��, ' � W � .� �' � '� • ice`` � � . � . ; -.91 to J ;j Awl T r�1- Hearing Date: September 1, 2004 Time: 10:00am Location: Health and Human Services Building Environmental Health Offices Present: Nancy MacKenzie, Environmental Health Carla Block, Environmental Health — Hearing Officer Absent: Dale Sorenson, owner of cited property Nancy MacKenzie stated a letter was sent to Dale Sorenson describing the violation, 6.28.550. No representative was present to dispute this violation, and as of this date, there have been no attempts to correct the violation. Based on the information presented, the Carla Block, the hearing officer, finds that a Cease and Desist order may be administered at this time. Hearing closed: 10:15am. 1S 9 0 chriss@co.pitkin.co.us, 05:00 PM 9/21/2004, Sorenson/Sunneydale Tavern To: chriss@co.pitkin.co.us From Nancy MacKenzie <nancym@co.pitkin.co.us> Subject: Sorenson/Sunneydale Tavern Cc: Brianp@co.pitkin.co.us Bcc: nancym@co.pitkin.co.us Attached: Chris, To refresh you on this issue see attached letter. August 19, 2004 a letter was sent to Sorenson to notice him of a hearing to be held September 1, 2004. He did not show up at the hearing. (The letter was sent certified, return receipt and was just returned to us by USPS as unclaimed) September 1, 2004 - The Hearing officer determined that a Cease and Desist order may be administered. September 2,2004- The Cease and Desist Order required that the septic tanks be 'properly' abandoned and inspected by this department by September 15th. I have not received confirmation that he received the 2nd notice (Cease & Desist Order) mailed September 2nd. September 16th I called and left a voice message asking if he had complied. He has left two messages asking what he has to abandon and why, since he pours water down them periodically and they are working. Maybe if he had claimed his notice letters he wouldn't need to ask the questionsl I feel he has had enough time and it is a threat to public health to have septic tanks that someone could fall in to. (Though it has been this way for several years, since the fire at the Sonneydale Tavern, I first learned about them late this summer.) I would like to proceed with pursuing the monetary fines. Please advise. Because this is such a threat, is it possible for the county to pay to have them pumped and filled and send him the bill? This should be taken care of ASAP. Printed for Nancy MacKenzie <nancym@co.pitkin.co.us> )U 0 0 Joanna Schaffner, chriss@co.pitldn.co.us, 05:07 PM 3/10/2005, Re: Sandy Moore To: Joanna Schaffner <joannas@ci.aspen.co.us>, chriss@co.pitkin.co.us From: Nancy MacKenzie <nancym@co.pitkin.co.us> Subject: Re: Sandy Moore Cc: Bcc: Attached: And I remember Jack Hatfield recently bragging' about how the BOCC supported the homeowners in this tupe of issue. The BOCC assumes that it was resolved and brought into compliance over a year ago. It is embarrassing to us. Nancy At 04:04 PM 3/10/2005, you wrote: I tried to make an appointment with Chris Seldin, who wanted me to wait until the county's new enforcement officer gets on board. But Chris, this has been an ongoing thing with this guy, and I don't think we should really wait anymore. Hes been denied by the BOCC, and every now and again, they ask why someone is still living in it. At 02:40 PM 3/10/2005, you wrote: What is happening with this. I am still getting complaints from the neighbor that the illegal garage/caretaker unit is again being used as a bedroom or a studio and that there are probably appliances &/or plumbing in it. Tbis is the one that ALL plumbing (fixtures AND piping) were to be removed so that it couldn't be illegally converted back. Nancy Nancy MacKenzie Pitkin County Environmental Health Senior Environmental Health Specialist 0405 Castle Ck Rd, Suite 10 Aspen, CO 81611 970.920-5076 970-920-5077 fax nancym@ciaspen.co.us Printed for Nancy MacKenzie <nancym@co.pitkin.co.us> (9 Parcel Detail i • Page 1 of 4 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Sales Detail I Value Detail I Residential/Commercial Improvement Detail I Land Detail >y 3-7 3 Tax AreaF Account Number I Parcel Number Mill Le 014 R006793 247318100027 56.939 Owner Name and Address IISORENSON DALE C & ARNOLD L IIC/O ARLENE I LARSON II 111512 LAUREL DR 11 IA 52101 Legal Description SECT,TWN,RNG:7-8-83 DESC: TRACT OF LAND (LYING WITHIN THE LOGAN PLACER MINING CLAIM & IN THE OLD COLORADO MIDLAND RAILROADR-O-W) IN SEC 7-8-83 DESC BY MB BK 429 PG 46 BK 578 PG 20 Location Phys Address: 24373 FRYING PAN RD THOMASVILLE Subdivision: Land Acres: 110 Land S Ft: 15,090 Section Township Range 7 8 83 IV http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber—RO06793 8/17/2004 �l Parcel Detail • 0 Page 2 of 4 Property Tax Valuation Information 11 Actual Valu I Assessed Value Land: 11 135,000]1 39,150 Improvements: 111 0 Total: 135,000]1 39,150 Sale Date: I 11/8/1988 Sale Price: 80,000 Basic Building Characteristics Number of Residential 0 Buildings: Tax Amount Number of Comm/Ind 0 Buildings: $25.50 No Building Records Found Tax Information Tax Year Transaction Type Amount 1997 Tax Amount $3,657.70 1997 Fee Charge $25.50 1997 Tax Sale $3,943.24 1997 Tax Payment: Whole ($3,657.70) 1997 Interest Charge $256.04 1997 Interest Payment 1997 IF Fee Charge $4.00 1997 Ir Fee Payment 1997 Fee Payment 1997 Interest Payment 1997 Interest Charge $1,518.15 1997 Tax Sale Redemption ($3,943.24) 1998 Tax Amount $3,653.62 1998 Tax Endorsement $3,768.23 1998 Tax Payment: Whole 1998 Interest Charge $109.61 1998 Interest Payment 1998 Fee Charge http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber—R006793 8/17/2004