Montezuma County health staff seek sheriff delivery for unresponsive septic owner, plan BOCC referral

Montezuma County public-health staff told the Board of Health on Jan. 15 that one property with an on-site wastewater system (OWTS) remains out of compliance and the owner has not responded to contact attempts. Linda, a health department staff member, said the department has drafted a notice and "I've sent it to Steven for his review. I talked to Steven about having a sheriff's deputy deliver it as a notice to appear because I have had 0 response from this owner," and asked the board for guidance on next steps.

Board members said neighbors have called about increasing trash and environmental problems at the property and reported anecdotal illnesses; the health staff said they have encouraged any potentially sick residents to see a doctor so illnesses can be documented. Staff proposed mailing the enforcement letter this week, arranging sheriff delivery if necessary, and reconvening a Board of Health meeting within a few weeks to hear compliance evidence.

The board also discussed asking the Board of County Commissioners for an agenda slot the week of Jan. 20 so the Board of Health can present any action or request for county-level follow-up. The director cautioned on timelines for notice: "if it's less than 7 days, we need to make it at least 7 days," reflecting statutory notice requirements for enforcement proceedings.

No formal motion or vote was recorded at the meeting; instead staff described operational next steps (mail the notice, attempt sheriff delivery, document any inspections and health complaints) and the board agreed to follow up. The department said it will attempt additional inspections (including a site drive-by and an OWTS-certified inspection if access is granted) and will return to the Board of Health with results.