Montezuma County decided Tuesday to dismiss a lawsuit against a property owner for alleged violations of the land-use code because significant progress had been made toward compliance.

In August, the county filed a complaint against Terry Belden for suspected violations on his 4.7-acre property at 6330 County Road 21.

The lawsuit alleged the property did not have a permit for multiple occupied RVs and mobile homes, lacked adequate septic systems, and violated setbacks. A trial was set for Feb. 24 in county court.

According to the county land-use code, properties under 35 acres are allowed to have one primary residence and one accessory residence connected to an adequate septic system.

Any more residences requires a permit for a subdivision, planned-unit development or RV park.

The county commissioners were notified of the suspected violations in April, said Planning Director Don Haley. County staff and the health department conducted on-site inspections and met with Belden about land-use code regulations.

Belden said during a July 20 commissioner meeting that he rents the land and does not live on the property.

He informed the commissioners that he had evicted people who were living in several unauthorized trailers and RVs, and was working on becoming compliant with the land-use code.

He said old trailers and RVs were removed as well as debris piles. Sheds were relocated to meet setback rules.

During Tuesday’s commissioner meeting, county attorney Ian MacLaren informed the commissioners that while the property was not in “perfect” compliance, the “majority” of the land-use code issues had been resolved.

Commissioners unanimously agreed the lawsuit should be dismissed, and put a March 1 deadline for full compliance to be met.

By that date, an unauthorized recreation vehicle being used as a residence is supposed to be removed, leaving a primary and accessory residence in place. No fines were issued for land-use code noncompliance.

There has been a “good-faith” effort by the landowner to meet the code, said County Commissioner Kent Lindsay.

Another court case could be brought if compliance is not met, county officials said.

Fines for noncompliance of the land-use code can be up to $1,000 per day based on state statutes, MacLaren said.

The county commission and planning department have made it a priority to bring properties into compliance with the land-use code.

Haley said the process includes sending a letter detailing noncompliance issues, working with the landowner on a timeline to get into compliance and conducting inspections when necessary.

Abandoned and deteriorated trailer homes can be problematic for property owners in the county, Haley said, because they are often used illegally as residences.

According to the Montezuma County landfill, trailer homes are accepted for a fee if they are asbestos-free. The landfill requires a title and 24-hour notice prior to accepting a trailer home.

jmimiaga@the-journal.com