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Home My WebLink About3.0 Correspondencertlge 1 01 L Tamara Pregl From: Steve Hackett Sent: Thursday, February 06, 2003 5:18 PM To: Mark Bean; Tamara Pregl Subject: Scott/Moyer Code Compliance Office shackett@garfield-county.com March 6, 2003 Mr. Don Scott DS Enterprises 0001 County Road 315 Silt, CO 81652 And Down Valley Septic C/O Ramona Moyer P. O. Box 1929 Rifle, CO 81650 Mr. Scott & Mrs. Moyer, Please refer to my letters of January 12, 2001, December 10, 2001 and January 17, 2002, copies of which are attached, concerning the illegal operation of the "Down Valley Septic" business on Mr. Scotts' property on County Road 346. The violations cited in those letters continue to exist. If you do not take immediate vigorous action to complete the application for a Special Use Permit for this business, which was submitted on February 20, 2002, this office will pursue legal action to remove the illegal business from the property. Legal action against the property owner will begin within ten days of the date of this letter. Sincerely, Steve Hackett Compliance Officer EC: Mark Bean, Tamara Pregl 2/24/2003 Page 1 of G You are hereby given notice, pursuant to the above statutes, that you must completely correct the violations within thirty (30) days of the date this notice is received. Please be advised that violation of the above statutes is a misdemeanor crime punishable by a fine of not more than $100.00 or imprisonment for not more than ten days, or both, and that each day that the violation continues is deemed to be a separate offense. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing at the address below, or by e-mail at the address above. Sincerely, Steve Hackett Compliance Officer 2/24/2003 Steve Hackett Subject: Scott, Donald Start Date: Monday, December 10, 2001 Due Date: Wednesday, February 27, 2002 Status: Completed Percent Complete: 100% Date Completed: Tuesday, April 02, 2002 Total Work: Actual Work: 0 hours 0 hours Owner: Steve Hackett Categories: Sanitation Code Violation, Zoning Code Violation CR 346, west end. Illegal business (Down Valley Septic) operating on the property. Septic system violations, tank being used for holding without permit and alleged failure (overflow) of another tank Cited Mail to Don Scott, 0001 CR 315, Silt 81652-9688 1-16-02 Site visit. Septic compliance acheived. SUP for storage needed in order for Down Valley Septic to be legal. Cited 1-17-02 1-31-02 Phone Scott Moyer. He will assist Don Scott to get the SUP for storage. SUP application in process. 4-2-02 Closed 1 January 17, 2002 Mr. Don Scott DS Enterprises 0001 County Road 315 Silt, Co 81652-9688 Dear Don, BUILDING & PLANNING DEPARTMENT Code Compliance Office shackett(n,garfield-countv.com Thanks for the meeting yesterday concerning the zoning code violation, involving Down Valley Septic, on your property at the west end of Garfield County Road 346. I have researched the zoning regulations for that part of McLaren Subdivision that lies north of I-70. It is zoned Agricultural Industrial. A copy of the zoning regulation is attached. The business that Scott Moyer is running is not a use by right. A Special Use permit is required for storage, which is basically what "Down Valley Septic" does on the property. A special use permit application form is enclosed for your convenience. Please be advised that, even with a Special Use permit, Down Valley Septic would not be legally allowed to empty their pump trucks into holding tanks on your property. Please submit the application for a Special Use Permit for storage at your very earliest convenience. It is a violation of our zoning regulations, as stated in my December 10, 2001 letter, for Down Valley Septic to be operating on your property without one. Thanks for your cooperation. Sincerely, Steve Hackett Compliance Officer "% /b761 1)°° 7 3 o r S< a-9 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 December 10, 2001 Mr. Donald Scott DS Enterprises 0001 County Road 315 Silt, Co 81652-9688 Mr. Scott, BUILDING & PLANNING DEPARTMENT Code Compliance Office shackett(a garfield-county.com 0971 This office has been notified by the Colorado Department of Health, Water Quality Division, about several code violations on property owned by you, known as Assessors Account R024500, at the west end of Garfield County Road 346, north of Interstate Highway 70. It is a violation of CRS 30-28-124 & 124.5, zoning regulations, to operate a business (Down Valley Septic) in this zone district. It is a violation of CRS 25-10-101, Colorado State Health Department regulations, to have a septic tank or septic system in use for any reason on the property without a permit. Further, it appears as though a legal septic leach field, that serves a dwelling on the property may have failed. Evidence was observed that the tank and or leach field had overflowed. It is a violation of CRS 25-10-101 to operate a system that has failed. You are hereby given notice, pursuant to the above statutes, that you must completely correct the violations within thirty (30) days of the date this notice is received. Please be advised that violation of the above statutes is a misdemeanor crime punishable by a fine of not more than $100.00 or imprisonment for not more than ten days, or both, and that each day that the violation continues is deemed to be a separate offense. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing, at the address below, or by e-mail at the address above. Sincerely, Steve H . ett Compliance Officer 7 16,7v 109 8th Street, Suite 303, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 ...bv .....- Steve Hackett From: Mark Bean Sent: Wednesday, December 12, 2001 8:46 AM To: Steve Hackett Subject: RE: Scott dwain.watson@state.co.us Original Message From: Steve Hackett Sent: Monday, December 10, 2001 4:26 PM To: Mark Bean Subject: Scott MB FYI Do you have an e-mail address for Watson?? Steve Code Compliance Office shackettna Barfield -county com December 10, 2001 Mr. Donald Scott DS Enterprises 0001 County Road 315 Silt, Co 81652-9688 Mr. Scott, This office has been notified by the Colorado Department of Health, Water Quality Division, about several code violations on property owned by you, known as Assessors Account R024500, at the west end of Garfield County Road 346, north of Interstate Highway 70. It is a violation of CRS 30-28-124 & 124.5, zoning regulations, to operate a business (Down Valley Septic) in this zone district. It is a violation of CRS 25-10-101, Colorado State Health Department regulations, to have a septic tank or septic system in use for any reason on the property without a permit. Further, it appears as though a legal septic leach field, that serves a dwelling on the property may have failed. Evidence was observed that the tank and or leach field had overflowed. It is a violation of CRS 25-10-101 to operate a system that has failed. You are hereby given notice, pursuant to the above statutes, that you must completely correct the violations within thirty (30) days of the date this notice is received. Please be advised that violation of the above statutes is a misdemeanor crime punishable by a fine of not more than $100.00 or imprisonment for not more than ten days, or both, and that each day that the 12/12/2001 •use.<. vA. .. violation continues is deemed to be a separate offense. If you have any questions regarding what actions are required to achieve compliance, or you wish to report compliance action taken, please contact this office in writing, at the address below, or by e-mail at the address above. Sincerely, Steve Hackett Compliance Officer 12/12/2001 Steve Hackett From: Mark Bean Sent: Thursday, December 06, 2001 3:58 PM To: Steve Hackett Subject: Down Valley Septic Steve Watson got a call from Don Scott, the property owner. He told him that he had put that tank in to accomodate Down Valley Septic, but he did it without a permit since it was just meant to be a holding tank. He did not know that a holding tank required a permit from the County. Mr. Moyer flat out lied to Watson and said that he didn't use it. The other tank in the area is for the small house in the area, but it wasn't supposed to be used by Down Valley. Scott was surprised that it had been used or at least had a mess around it, since he had not had anyone in the house for a while. Watson said to "book'em", particullarly since Mr. Moyer lied to his face. Which he says there is some obscure federal law prohibits lying to an inspector, which can result in jail time just for lying. Mark dic" 9 9 ep# 3 4 Steve Hackett To: Subject: Mark Bean RE: Down Valley Septic Mark P11 send Mr. Scott a comply or die letter. Steve ----Original Message ----- From: Mark Bean Sent: Wednesday, December 05, 2001 10:03 AM To: Steve Hackett Subject: Down Valley Septic Steve I spoke to Dwain Watson this morning about a variety of issues and he said that he would not be able to go after Down Valley Septic, since they are alleging that they do not use the septic tanks on the property. He did note that there are two septic tanks on the property and it is obvious that one of them has over flowed. According to Scott Moyer, he thinks the overflow is due to the house nearby having a backed up septic system. Mr. Moyer swears up and¢own;,th, at he does not use the tanks, even though one of them has a ramp built up to it and Watson actually has afare>,gfpne,of his trucks parked on the ramp. Apparently, he only parks his trucks on the ramp. Must be better epqure or something. Watson said his picture does not actually show them dumping into the tank and he ss them dumping into the tank. that at a minimum we have a failed septic, with a possible illegally built septic tank without a permit. anally, Moyer is still running the business out of the barn. I would suggest that we write Don Scott wner) a letter noting the violations and see where it goes. Watson can't go after the failed septic, since it doesn't get into the waters of the state. Let me know your thoughts. Mark 1 Steve Hackett Subject: Down Valley Septic Start Date: Friday, January 12, 2001 Due Date: Tuesday, April 10, 2001 Status: Completed Percent Complete: 100% Date Completed: Tuesday, March 20, 2001 Total Work: Actual Work: Owner: Categories: Case No.: 0 hours 0 hours Steve Hackett Zoning Violation 9-01 Septic system service and portable toilet rental in NI . No permit issued. Compliance inspection 3/20/01. All commercial material removed Case Closed 1 Pert,azn -agritt January 12, 2001 Mr. Don Scott Down Valley Septic P. O. Box 9688 Silt, Co 81652 Building & Planning Department Mr. Scott, It has been observed by this department that a portable toilet rental business is being operated on your property at the west end of Garfield County Road 346, north of Interstate Highway 70. It is a violation of Colorado Revised Statutes 30-28-124 & 124.5 and Garfield County zoning regulations to operate this business in the Agricultural/lndustrial zone district. A copy of those regulations are enclosed. You are hereby given notice, pursuant to the above statutes, that you must completely correct the violations within thirty (30) days of the date this notice is received If you have any questions regarding what actions are required to achieve compliance, you may contact this office, preferably in writing, at the address below. Sincerely, teve Hac Compliance Official sig@fr e ' yve 0060 dal 35y o ski/ 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601