Commissioner Ferdinandsen moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
STATE OF COLORADO
Approve Issuance Of Clean-Up And Cease And Desist Order To Enjoin Illegal Land Uses And Violations Of The Solid Waste Management Act In Vicinity Of Northwest Industrial Subdivision Along Highway 72 And To Require Clean-Up Of Site
WHEREAS, by Resolution No. CC92-48, the Board of County Commissioners authorized the County Attorney to take all steps necessary to enforce the provisions of the Solid Waste Management Act, Title 30, Article 20, Part 1, C.R.S. 1973 with regard to property owned by Northwest Industrial Subdivision II, Inc., and/or Richard K. Loesby; and
WHEREAS, the County, through its Planning and Zoning Department, has recently learned that these owners and/or operators have been burying solid waste on site and that there has been a cessation of activities relating to removal of the waste from the site; and
WHEREAS, it appears to the Board of County Commissioners that the owners and operators of the site are in violation of the provisions of the Solid Waste Management Act in that they have failed to obtain a Certificate of Designation for their activities; and
WHEREAS, the Board of County Commissioners deems it to be necessary in the public interest, in order to promote the public safety, health, and welfare, to issue a Clean-Up and Cease and Desist Order to Northwest Industrial Subdivision II, Inc. and Richard K. Loesby.
NOW, THEREFORE, BE IT RESOLVED that a Clean-Up and Cease and Desist Order shall issue to Northwest Industrial Subdivision II, Inc. and Richard K. Loesby in the form attached hereto, and that the Chairman of the Board of County Commissioners is authorized to execute the Clean-Up and Cease and Desist Order on behalf of the Board.
BE IT FURTHER RESOLVED that the delegation of authority to the Jefferson County Attorney contained in Resolution No. CC92-48 is intended to extend to the enforcement of penalties and injunctive relief that may be available to the County for violation of this Clean-Up and Cease and Desist Order.
Commissioner Stone seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:
Commissioner Rich Ferdinandsen AYE
Commissioner John P. Stone AYE
Commissioner Marjorie E. Clement, Chairman AYE
The Resolution was adopted by unanimous vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.
Dated: February 3, 1992