The Planning and Zoning Commission for Montezuma County isn’t opposed to a rubbish ordinance – but commissioners say they are not inclined toward strict overreach.
Planning Director Don Haley said Tuesday that a simpler approach is preferred as the county looks to tighten blight enforcement.
In an update to commissioners, Haley said the planning and zoning board’s main concern is the term “rubbish,” and how it would be defined, enforced and funded.
“What’s going to fall in that category? How do you define how one person uses their yard decorations and the other ones uses them as trash decorations. That’s just a never-ending argument,” Haley said.
Montezuma County is weighing how to address growing complaints about property blight, including the buildup of trash, junk piles, abandoned metal, scrap, vehicles and tires on private property. Commissioners said complaints about neighbors’ properties have increased in both rural and town areas.
As a result, the board is considering changes to the county’s late-1990s comprehensive plan that could lead to the county’s first rubbish ordinance. Such an ordinance would formalize the process for government-ordered rubbish removal through notice and appeal procedures, an administrative warrant and the option to recoup county costs.
While commissioners have said they want to move quickly, no draft language has been presented. The board is in the early stages of reviewing how similar counties, including Mesa, Delta and Montrose, standardize their policies. Any ordinance would require public hearings and review by the planning and zoning board.
In the meantime, the county is focusing on voluntary, communitywide cleanup efforts. Officials announced a countywide cleanup May 15 and 16, during which tipping fees will be waived at the local landfill.
The cleanup aligns with recommendations from the planning and zoning board and with the comprehensive plan’s land use goals, which favor voluntary, cooperative solutions over direct government intervention. Haley said the board supports strategies such as organized cleanups, waived landfill tipping fees and the use of a liaison to work directly with property owners.
“A liaison person passes the word ‘Hey, your property is getting worse and needs to be cleaned up,’ working with people as opposed to an overreaching ordinance that if we don’t have funding, it goes nowhere,” Haley told commissioners.
Haley said the board prefers changes to the land use code rather than amendments to the comprehensive plan. Without dedicated funding and a department, he said, it would be difficult to establish a baseline review of about 15,000 parcels and fairly determine which properties should be prioritized.
Commissioner Jim Candelaria said the term “rubbish,” rather than the broader and more subjective “blight,” gives the county clearer legal authority to address health and environmental hazards while avoiding disputes over aesthetics.
County Attorney Stephen Tarnowski said “rubbish” is the term used in Colorado statute and provides counties with enforcement authority. He cited Colorado House Bill 26-1239, sponsored in the House by Reps. Lori Goldstein, D-Westminster, and Chris Richardson, R-Elbert County.
It proposes technical updates to the rubbish law. The bill would modernize the warrant process and compliance structure and clarify penalties and fees, which could range from $100 to $2,650 per day.
“I think what they are trying to do is a technical update and clarify how this is supposed to work – not a huge change in the powers that counties have but they are trying to make it more understandable,” Tarnowski said.
As lawmakers consider the bill, Tarnowski said, it is something county officials should monitor as they weigh a potential ordinance.
awatson@the-journal.com
