During a work session held by the Archuleta County Board of County Commissioners (BoCC) on Tuesday, Nov. 5, the BoCC continued its conversation on code enforcement in the county.
Commissioner Warren Brown explained that the topic first came up a couple of months prior and that he wanted to “help clear up” stuff for staff on what is in writing.
He commented that there was a “fear” of liberties being taken by former department managers and others.
Brown reviewed Ordinance 9-2008 relating to public nuisances and code enforcement by the county, explaining the ordinance applies to all properties located in unincorporated Archuleta County, but that it does not apply to agricultural properties.
“So, ag properties are exempt,” he said.
Brown went on to review the portion of the ordinance concerning complaints, and how county staff is supposed to review and act on formal complaints.
Brown indicated that anyone can file a complaint, and that a formal complaint shall be made in writing and be signed by the complainant.
He noted that the county is not obligated to investigate any anonymous complaints or complaints made that are not in writing.
Brown also noted that code enforcement officers may act to investigate any complaint when provided with information by law enforcement, public health or other government officials if there is reasonable information that a violation is affecting public health, or if in their normal course of duties a code enforcement officer becomes aware of a potential violation.
Brown went on to explain that code enforcement officers are to perform a site inspection to determine the validity of a complaint.
He mentioned that it became common practice for enforcement officers to investigate the complainant’s property first to see if they are in compliance with the county’s regulations.
“According to this, that is not required,” Brown said, adding, “To me, this discourages people from filing a legitimate complaint.”
Brown suggested that violations continue because of people worrying that if they make a complaint, the county will find a violation on their own property.
In previous discussions on the matter, the BoCC discussed who is able to make a formal complaint on a property, with staff previously only taking complaints from neighbors.
“This says anybody can report it as long as they’re willing to sign it and it’s a legitimate complaint,” Brown said.
Brown commented that he wants to make sure that “staff have clear understanding that … it is appropriate that staff receive direction that they’re to perform their job by the ordinance.”
Commissioner John Ranson mentioned that he had communicated with some constituents and that they were afraid to make a complaint.
“We shouldn’t put the burden on the people that are actually reporting and helping us,” Ranson said.
Ranson commented that he appreciated Brown’s work on the matter and not forgetting about it.
He added he doesn’t want to see police everywhere, but at least have staff be able to go assess situations.
“This got to be a mess,” Ranson added.
Commissioner Veronica Medina referred to County Manager Longinos Gonzalez as to how county staff felt on the matter, with Gonzalez explaining those discussions have been centered on the plain language in the resolution.
Medina explained that part of the problem is with some of the county’s ordinances, land use regulations and other plans.
“They all contradict each other,” she said.
Medina also expressed that “some liberties” were being taken previously, and the BoCC was receiving quite a few complaints about staff.
Medina indicated that a lack of communication was happening between constituents and the community, which is when the commissioners decided to “pull back.”
Medina noted that there was no legal document, ordinance or amendment “of any sort” when the BoCC decided to direct staff to not investigate complaints not made by neighbors, and that it was just a vote.
She noted that with new staff in place, there “might be a better way forward.”
Medina also noted the county has anywhere from 100 to 150 nuisance cases, with some more than 10 years old.
“If we’re gonna tell staff to do the job, we need to do the job,” she said.
Medina commented that the county doesn’t need to necessarily change anything right now, but that staff should be “very aware of what it is they’re doing.”
She added that she has no problem with staff enforcing what the county currently has in place, “but I feel like there still needs to be direction given.”
Gonzalez commented that the priority for staff is always to work with residents to bring them into compliance over issuing citations and fines, noting that some residents may not be aware they are in violation of a regulation.
“There has to be good, solid judgment and discernment on behalf of the employee with the goal of solution,” Brown added, noting that, at times, “the wrong messages were being sent to our staff.”
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