Cease and desist living?, property owners warning Options

[Denise]

Just when I think things can't get any worse, the county comes and messes with us. They are telling us that we need to cease and desist living on our property (after being here over 7 years) because we are using an outhouse. If we had the money to buy a well then put a septic tank in we would!! As of the 31st, they are charging us $50.00 a day if we remain on our property. No where to go so they have a fight on their hands. I don't take kindly to being told that I am health hazard and a nuisance to the community. Court date is set for July 11th.

Pretty sad world we live in when the officials try to make property owners homeless!!

[Gene Kooper]

CP,

Not that I don't wish to comment on the appropriateness of urban sanitation and any comparisons with privies on rural properties, but I don't believe it will be helpful with your issues with the county. The county's position may seem unfair, arbitrary and capricious, but they have that right. What I mean by that is that back in the early 1970s, the State of Colorado passed several bills that gave control over local issues to local governments.

The first law was passed in 1972 and is usually referred to as Senate Bill 35. It gave counties and certain municipalities control over the subdivision of real property. Since then each county is granted the authority to regulate the subdivision of land when any of the resultant parcels is less than 35 acres. If you own a parcel that is less than 70 acres you cannot divide the property into 2 lots without going through the county subdivision process that likely includes public hearings, and meeting anything that the county planning and zoning department has determined is appropriate.

In 1973, the Legislature passed, "An Act Concerning Individual Sewage Disposal Systems" (House Bull No. 1553). I attached a copy to this post. It permitted each county to adopt rules and regulations. Section 66-44-5. Minimum standards for individual sewage disposal systems, (1) (i) states:

Design criteria and construction standards for vaults; for privies and slit trenches, either of which may be prohibited at the option of the local board of health; for incineration toilets, and chemical toilets; and for mini-systems limited to disposal of waste water from sinks, lavatories, tubs, and showers;

That same year the Legislature also passed, "An Act Concerning Water Quality Control" (Senate Bill No. 390). See attachment.

The following year the Legislature passed, An Act Enacting "The Local Government Land Use Control Enabling Act of 1974" (House Bill No. 1034) that further granted rights to control land development to county and local governments. See attachment. These acts were signed into law by two Republican Governors.

These acts and subsequent amendments are the basis for the $50 per day fine (see below for 25-10-113. Penalties) the county is authorized to impose on you. Here is the cite for the current Colorado Revised Statutes. The link may be time sensitive, but it works tonight.

TITLE 25. PUBLIC HEALTH AND ENVIRONMENT - ENVIRONMENTAL CONTROL - ARTICLE 10. ON-SITE WASTEWATER TREATMENT SYSTEMS ACT

Because it is NexisLexis the above link does not allow one to read the actual statutes. The only way I have found to do that is to use the link to the C.R.S. on the Colorado General Assembly's web site. http://leg.colorado.gov/colorado-revised-statutes You might have to click on the link a couple of times to get by the NexisLexis sign in page. ARGH!

In 1974, John R. Bermingham wrote an article in the Denver University Law Journal (Volume 51, Number 4) on the local government land use enabling act that is ciited in the C.R.S. I was only able to find a source for the first page (they want $30 for the rest of the article). Here's the link.

51 Den. L.J. 467

I wish you and Denise the best of luck, but I don't think that will be much help in your future dealings with the county. Some counties have created what I refer to as little fiefdoms and the residents in the county are often regarded as the serfs of the Manor.

[attachment=10922:Individu...stemsAct.pdf]
[attachment=10923:WaterQua...ntrolAct.pdf]
[attachment=10924:LocalGov...blingAct.pdf]