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HomeMy WebLinkAboutbocc.packet.spec.02222005PITKIN COUNTY COMMISSIONERS WORK SESSION AGENDA Plaza One Conference Room TUESDAY~ FEBRUARY 22 ~ 2005 12:30 PM SPECIAL MEETING - EXECUTIVE SESSION ADJOURN EXECUTIVE SESSION 1:00 1. CITIZEN BOARD INTERVIEWS 1:00 Reid Haughey - Open Space & Trails, District 4 1:15 Yinyu Divine Mburi - Library Board 1:30 2. Memos of Interest Future Agendas/Agenda Requests BOCC Open Discussion 2:30 3. Preparation for Meeting with USFS, Debbie Quinn 3:00 BREAK 3:15 4. Citizen Grant Review Committee Discussion, Nan Sundeen .00 6:00 PM SPECIAL MEETING Pfab Hearing on Notice of Violation Pursuant to Section 6.16.080 of the Pitkin County Code, Chris Seldin, Becky Moller ADJOURN SPECIAL MEETING MEETING DATE: AGENDA ITEM TITLE: February 22, 2005 Pfab Hearing on Notice of Violation Pursuant to Section 6.16.080 of the Pitldn County Code STAFF RESPONSIBLE FOR ITEM: Rebecca L. Moller, Natural Resources Specialist DESCRIPTION OF ISSUE: Edmund Pfab is the registered owner of property located at 0422 Sopris Creek Road (the "Property"). For more than two years, staffhas been in contact with Mr. Pfab regarding rubbish that he has allowed to accumulate on the Property in violation of Pitldn County Code § 6.16.070(A). Staff contacted Mr. Pfab in writing on three separate occasions to inform him that the Property was in violation of § 6.16.070(A), and to request that he clean up the Property in order to remedy the violation. Copies of correspondence delivered to Mr. Pfab--and posted on the Property--are attached hereto as Exhibits 1-3. Copies of photographs documenting the condition of the Property over the past 1.5 years, and the posting of the Notices of Violation, are attached hereto as Exhibits 5-7. Staff informed the Board of this issue in August of 2004; a copy of the Memorandum of Interest is attached hereto as Exhibit 4. In November or December of last year, Mr. Pfab erected a fence around much of the rubbish on the Property. The fence is depicted in a number of the photographs included in Exhibits 6 and 7. The fence does obscure the view of much of the rubbish fxom the road. It does not, however, address the environmental, wildlife, and safety (e.g., trespassing children) issues associated with the accumulated rubbish. Accordingly, it is staff's position that the fence has not cured the violation of § 6.16.070. In January of this year, the Board revised § 6.16.080 of the Pitkin County Code to provide persons who receive a notice of violation pursuant to § 6.16.070 with an opporturfity for a hearing to contest the alleged violation. Mr. Pfab contacted staff to request such a hearing, and that is the occasion for the Board's consideration of this issue today. RECOMMENDATION: Uphold the Notice of Violation issued to Mr. Pfab, and authorize staffto pursue a warrant f~om the Pitldn County District Court pursuant to 30-15-401(1)(a)(I)(A), C.R.S. (2004), so that the County may enter the Propcnty, clean up the accumulated rubbish, and if necessary--place a lien on the Property to cover the costs of rcuuoval, all as provided by statute and ordinance. ATTACHMENTS: Exhibits 1-7: Correspondence, MOI, Photographs June 24, 2003 Edmund Pfab 0422 Sopris Creek Rofid Basalt, CO g1621 · ~ertifled #7002 08~0 0003 5921 3817 Dear Mr. Pfab, Htldn County received a complaint on April 25, 2003, regarding accumulation of rubbish material on your properS, at 0422 Sopris Creek Road. Pitkit~ County Ordinance N6.91-1 states that unregtilated dUmping and accumulation of Waste on public or private land is unsightlY and constitutes a danger to the health .and welf~'~ of county residents.' Pursuant to pjtldn County Code Section 6.16.070, "It shall be unlawful for any person or entity to dump . -or to allow to be deposited ~ accumulate any g~0age, r~bbish, waste, trash or j.-k upon any public or private property not desi ,gn~.ated as a landfill..." The materials complained of are located on the southeast edge of your property and ¢onmst generally of 55 gallon drums, wooden pallets and other w~od debris, appliances and a hot tub. After visual inspection,it was determined that this area of your property was unsightly, could pose a health and/or fire hazard, and needs to be cleaned tip. Specifically, please rake. ' action to remove andPr°perly ~spose of the 55-gallon clnams' and remove the trash/rubbish · material denon'bed above. If you need assistance in deterrnlniug proper disposal for any. of ' these mhterlals, please euntaet me. Any materials,that remain must.be stored in an otd.erly , . fashion. .. The County r~que~t~ th.t you ad&ess'~s violation ~o i.t~r th~ 50 &ys ~,~ the a4e offs letter. If the area is not'cleaned up within those 30 days, the ~,iolmion'will constitute a Class 2 petty offense and a $50 fine will be'levied at that time. At that time, a notice will be posted on the property and another notice mailed to you. stating you have· 10 days f~om the posting · of the notice to remove the accumulated trash. If you fail tO remove the waste during thi~ .' lime period, Pitldn County vail remove the trash, prepare an invoic~ to bill you for the entire' cost of the clean up, including a 5% fee for insl3ection.and incidental costs, which shall 130 assessed against the propen'y., and submitted to the bwner for payment.. This assessment shall be a lieh.against the 15roperty until paid and shall have~fiority-over all 'other liens. ff Yo~ h~ve any question, please contact n~e at 923-3487. : ' ' r~ you in advance for,~g ~.o,f~s matter. · sin~_~-¢~y, ' Backy Moller, ' - cc:' Miles Stotts, Publi6 Wo~nvironmental H¢~dth · i~n~nmentalHealth 0405 Castle Creek Road, Suite I 0 Aspen, Colorado 8 [ 61 I ...:~,' ~. ~ {970) ¢20-5070 {ax ~20-5077 ww~.~it, kin§o¥.¢om November 16, 2004 By Certified Mail and Posting at 0422 Sopris Creek Road COPY Edmund Pfab 0422 Sopris Creek Road Basalt, CO 81621 RE: NOTICE OF VIOLATION OF SECTION 6.1(~070 OF THE P1TIClN COUNTY CODE FOR TttE PROPERTY LOCATED AT 0422 Sopris Creek Road, Basalt Dear Mr. Pfab, I am writing in regard to serious violations of the Pitkin County Code at the above- referenced property (the "Property"). As you know, rubbish has been dumped and/or abandoned at the Property for well over a year. Specifically, the Property COlgtMns multiple piles of rubbish, including but not limited to: a water heater, wood piles, tire piles, tm'ps covering piles, multiple brick and cinder block piles, and 5-gallon buckets with unknown contents that could pose a danger to the environment and public health. With the concern over West Nile, pitkin County would like you to clean up the rubbish sites on your property. The Pitkin County Natural Resources Specialist contacted you by certified letter last year to request that you clean up the waste. After you received the first letter, it seemed as ifa clean up was attempted. Now, more rubbish is accumulating. You have failed to clean up the Property or take any other steps to address these ongoing violations of the Pitkin County Code. Pitk/n County Code section 6.16.070(A)(1) provides as follows: It is unlawful for any person or entity to dump or allow to be deposited or accumulate any garbage, rubbish, waste, trash, or junk upon any public or private property not designated as a landfill · · · On June 24, 2003, the Pitkin County Environmental Health Depmtment mailed you a letter setting forth the Property's violation of section 6.16.070. A copy of this letter is enclosed · · after making an irfitial effort at herewith. Our records indicate that you received this letter, but clean u , have since began accumulating more rubbish on the Property. Because the County P ...... -'~- *~ address this issue, I am writing to request that you clean prefers to wortc w~t~ you ¥Olllnl~d/ly iv up the Property no later than December 18, 2004. Please contact Ms. Becky Moiler at 923- 3487 to ensure that the clean up proceeds according to County standards. Should you fail to ' · authorized our office to clean up the Property before, the Board of County Commissioners has seek a warrant authorizing the County to enter the Property and clean it up at your expense. Specifically, if you do not take action by Dec~aber 18, Pitkin County will remove the rubbish from the Property and bill you for the entire cost of clean up plus a 5% fee for inspection and incidental costs. Should you refuse to pay, the cleanup costs shall be filed as a first-priority lien against the Property pursuant to Pitkin County Code section 6.16.080 and C.R.S. § 30-15- 401(1)(a)(I). Mr. Edmund Pfab November, 2004 Page 2 of 2. If it is necessary for Pitldn County to clean the site, the County anticipates taking the following steps: 1. Pitldn Comnty will l-dre a conla'actor to clean up the Property. 2. Pitkin County will prepare an invoice to bill you for the entire cost of the clean up, including a 5% fee for inspection and incidental costs, which shall be assessed against the Prop~ and submitted to you for payment. As noted above, this assessment shall be a lien against the Property until paid and shall have priority over all other liens. Pitkin County continues to believe that it this situation is best addressed by.you and will be pleased to work with you to ensure that the violations at the Property are addressed. If you do not take appropriate action by December 1 g, however, the County will take the steps outlined above. If you have any questions, please contact Becky Mol]er at 923-3487. Very Truly Yours, Becky Moiler Natural Resources Specialist Enclosure Cc: Board of County Commissioners · Complete,Rems 1,.2, and 3. Also ~ompl~te 'i * item 4 if Restarted D~very i..de~ired. · print your name and address on the reverse so That v~ can f~m the ¢a~ to yOU. · Atl~h this m~d to the baok ofthe maJlp]ece, or on the front if. space perrnl~s. 2. AilJc~e. Number PS Form 381 t, Febma~' 2004 7004 .0550 0000 2882 3242 January 13, 2005 By Certified Mail and Posting at 0422 Sopris Creek Road COPY Edmund Pfab 0422 Sopris Creek Road Basalt, CO 81621 RE: NOTICE OF VIOLATION OF SECTION 6.16.070 OF THE PITK1N COUNTY CODE FOR THE PROPERTY LOCATED AT 0422 Sopris Creek Road, Basalt Dear Mr. Pfab, I am writing in regard to serious violations of the Pitldn County Code at the above- referenced property (the "Property"). As you know, rubbish has been dumped and/or abandoned at the Property for well over a year. Specifically, the Property contains multiple piles of rubbish, including but not limited to: a water heater, wood piles, tire piles, taps covering piles, multiple brick and cinder block piles, and 5-gallon buckets with unknown contents that could pose a danger to the environment and public health. With the concern over West Nile,' Pitldn County would like you to clean up the rubbish sites on your property. The Pitldn County Natural Resources Specialist contacted you by certified letter last year to request that you clean up the waste. After you received the first letter, it seemed as ifa clean up was attempted. Now, more rubbish is accumulating. You have failed to clean up the Property or take any other steps to address these ongoing violations of the Pitkin County Code. Pitkin County Code section 6.16.070(A)(1) provides as follows: It is unlawful for any person or entity to dump or allow to be deposited or accumulate any garbage, rubbish, waste, trash, or junk upon any public or private property not designated as a landfill... Pitkin County has sent you letters by certified mail on June 24, 2003, and November 19, 2004 setting forth the Property's violation of section 6.16.070..' Our records indicate that you received these letters, but after making an initial effort at clean up, have since begun accumulating more rubbish on the Property. You have since built a fence around the Property. Building the fence, although it does hide, it does not assuage the violations at the Property. You have ten days fi.om the date of this letter to either remove the accumulated rubbish from the property or request a hemSng to discuss your case with and present evidence to the Pitkin County Board of County Commissioners. If you request a hearing, the County will not remove any of the rubbish fi.om your property before the outcome of your case is determined. If, within the ten days, you have not either requested a hearing or cleaned up the property the County will apply for a warrant to remove the rubbish from your property. After oblaining the warrant, the County anticipates to take the following steps: 1. Pitlcin County will hire a contractor to clean up the Property. Pitldn County will prepare an invoice to bill you for the entire cost of the dean up, Mr. Edmund Pfab November, 2004 Page 2 of 2 including a 5% fee for inspection and incidental costs, wkich shall be assessed against the Property and submitted to you for payment. This assessment shall be a lien against the Property until paid and shall have priority over all other liens. Pitkin County continues to believe that it this situation is best addressed by you and will be pleased to work with you to ensure that the violations at the Property are addressed. If you do not take appropriate action by January 24, however, the County will take the steps outlined above. If you have any questions, please contact me at 923-3487. Vc-'ry Truly Yours, Becky Moiler Natural Resources Specialist Enclosure Cc: Board of County Commissioners Chris Seldin, Assistant County Attorney N0,44~D H. I · Compla~e items 1, 2, and 3..Nso complera item 4 if Resuicted Delivery is de~imd. · Printyour name and ad~lm, ss on the reverse so that we can tatum the card to }'du. · AEaoh this ~ ~o the back of the mailpiece, · . or on the front.lf sp~ce perrnit~. 2. A~cle Numbe~ Ps Fo?m 38! 1, February 2004 7003 0500 Domes~J:,Retum Receipt 0001 8438 7691 TO: FROM: RE: DATE: MEMORANDUM of INTEREST Board of County Commissioners Becky Moiler, Natural Resources Specialist complaint at 0422 Sopris Creek Road August 19, 2004 BACKGROUND: Pursuant to Pitldn County Code 6.16.070, "it is unlawful for any person or entity to dump or allow to be deposited or accumulate any garbage, rubbish, waste, trash or junk upon any public or private property not designated as a landfill". On April 24, 2003, the Envh-onmental Health Depmhs~ent received a complaint fi.om Mr. Richard Carter about a property about lA mile from the Emma Schoolhouse. Staffmade a site visit (see pictures). Pitldn County mailed a certified letter (see Attachment 2) to Mr. Edmund Pfab at 0422 Sopris Creek Road on June 24, 2003. The letter notified him of the complaint regarding accumulation of rubbish on his property. In an attempt to sIngle out what was garbage, staffdecided to cite any item that could pose either an environmental or a health hazard. The letter specifically addressed a 55-gallon drum, wood debris, appliances and a hot tub. The letter informed Mr. Pfab he had 30 days fi.om the date of the letter to clean up the property. Staff conducted another site visit on July 28, 2003, to see if Mr. Pfab complied with the letter. At that time, it looked like Mr. Pfab was trying to clean up the property. Mr. Pfab had removed the hot tub, the 55-gallon drum and some wood debris. Staffdecided to monitor the clean up process rather than send another letter. Siaffcondueted subsequent site visits on August 3 and 12; September 3 and 23; December 2; and July 22, 2004 to check on Mr. Pfabs' progress. More rubbish has been accumulating on the property. The December 3 visit resulted from a complaint from Mr. Jimmy Bain stating that he has been calling about this site for three years. Mr. Bain's complaint is that the site is an eyesore. Public Works continued to receive complaints regarding this property. In July 2004, staff responded to 0373 Sopris Creek Road and removed garbage bags along the roadside. Staff realized in August 2004 that they had responded to the trash complaint incorrectly in July. The complaints received in July 2004 origlnatedJ?om 0373 Sopris Creek Road. The complaints however, were about 0422 Sopris Creek Road, the same property Pi&in County sent an enforcement letter to in June 2003. Staffspoke with Mr. Richard Carter and confirmed that he was complaining about the Pfab property. The Home Owner's Association and Mr. Carter have approached Mr. ?fab about the issue and there has been no response. Mr. Pfab now has pigs on the property. Staffwill research the applicable zoning for this use. STAFF ACTION: Staff will proceed accordingly unless directed otherwise.