To: Board of Health
Through: Jennifer Ludwig, Public Health Director, Arapahoe County Public Health
Prepared By:
prepared
Steven Chevalier, Environmental Health Manager (Early Childhood and Environmental Protection), Public Health
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presenter
Presenters: Steven Chevalier, Environmental Health Manager (Early Childhood and Environmental Protection), Public Health
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Subject:
title
3140 W. Girard Ave. Englewood, CO; OWTS Enforcement
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Purpose and Request:
recommended action
The purpose of this hearing to inform the Board of Health (BOH) about violations related to a failing septic system at 3140 W Girard Ave, Englewood, CO, identified during a transfer of title inspection during a real estate sale. Due to continued violations, we want to consider the assessment of civil penalties.
We are requesting that the BOH review this case, determine whether penalties should be assessed, and ensure that corrective actions are implemented by the property owner to bring the system into compliance. The Board’s guidance is also sought regarding any further actions to be taken if the owner continues to fail in obtaining the necessary use permit or resolving the septic system issues.
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Background and Discussion: The property in question was sold in May 2024 to HousePurchase LLC. There is an existing residence on the site, which is currently being rented. In December 2024, the property owner submitted a proposal to Arapahoe County Public Works to convert the basement of the existing residence into another unit, making the home a duplex, and to add another 8 units to the current site, converting the entire property into a 10-unit complex.
During the transfer of title inspection, ACPH was notified of a failing OWTS on the property. Inspections conducted by two different septic system contractors noted that the tank was failing and, more recently, that a leach field issue exists such that the tank should be pumped every 2-4 weeks. Although the property owner has pumped the septic tank since taking ownership, they have failed to take significant steps to resolve the system issues, despite continued promises to do so. With a renter still residing on the property, the potential risks and dangers have escalated this situation to a pressing issue.
Section 4.2 of the Arapahoe County On-Site Wastewater Treatment Systems (OWTS) regulations require issuance of a use permit (also known as a transfer of title permit) for properties with OWTS when there is a sale, remodel, or other defined events. If the use permit is not obtained prior to the sale, it becomes the responsibility of the purchaser to acquire the permit.
The property owner is in violation of OWTS Regulation 4.2.
Furthermore, Section 4.7 requires that the septic system meet certain conditions, including being structurally sound and free from failure, before a use permit can be issued. The system at this property was found to be failing, with identification of surfacing sewage, indicated on a third-party inspection report. Despite repeated attempts to work with the property owner, no substantial corrective actions have been taken, and the issue remains unresolved.
It is also important to highlight that Section 3.6 of the Arapahoe OWTS regulations stipulates that the Department may deny a permit for properties within 400 feet of a sewer line, unless a letter from the relevant sewer district or municipality states that permitting an OWTS is permissible. In this case, the sewer line is located within the road right-of-way, raising the question of whether the sewer district would even allow the installation of a new OWTS or require the property to connect to the public sewer system.
Options that have been discussed with the property owner are to obtain an ACPH permit to repair the OWTS, or to cap the septic system and connect to the municipal sewer line operated by Sheridan Sanitation District #2. The property owner has refused to apply for a permit and, given the language in Section 3.6 of the OWTS regulations, it is expected that the sewer district would oppose continued use of an OWTS on the property and that ACPH would therefore also deny the permit for a new or repaired OWTS.
The property owner has instead indicated his intent to connect to the district sewer line. However, despite knowing about the failing septic system since purchasing the property, the owner has continued to rent the property and has to date still not submitted an application to Sheridan Sanitation District #2. ACPH staff have provided ample time for the owner to take action and, initially, believed the owner was making good faith efforts to resolve this matter-he pumped the septic tank, hired a contractor to assess the situation, and made repeated promises to connect to the sewer line. However, as time passed and we gained more information, our concerns have increased, and Department staff are no longer confident that the owner is continuing in good faith or taking any steps to address this situation. To date, staff have issued the property owner two Notices of Violation, which have effectively been ignored.
As outlined in C.R.S. §25-10-113, upon a finding by the local board of health that a person is in violation of the OWTS act and regulations, the board of health may assess a penalty of up to $50 for each day of violation. In determining the amount of the penalty to be assessed, the board of health shall consider the seriousness of the danger to the health of the public caused by the violation, the duration of the violation, and whether the person has previously been determined to have committed a similar violation.
Fiscal Impact: N/A
Staff Recommendation: Assess appropriate civil penalties up to $50 per day of violation and require the property owner to immediately apply for and obtain a permit to connect to the Sheridan Sanitation District #2 municipal sewer line and maintain the septic system in a nuisance free condition with the requirement to pump the septic tanks at an interval of once per week or more to prevent surfacing sewage or sewage backups into the home, where pump receipts will be provided to ACPH for each pumping date within 48 hours of pumping.