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County authorizes staff to seek warrant to abate rubbish at 1561 South Foothills Drive
Summary
Boulder County staff told commissioners the property at 1561 South Foothills Drive (Lot B8) has recurring rubbish and unpermitted structures; after staff described inspections and offered assistance, the board upheld the director’s determination and authorized seeking an administrative entry and seizure warrant under Article 14.
Boulder County code enforcement staff asked the Board of County Commissioners on Nov. 6 to authorize abatement of longstanding rubbish and accessory outdoor storage at 1561 South Foothills Drive, Lot B8.
Mariah Sullivan of Community Planning & Permitting presented the case, citing an initial complaint logged Dec. 2, 2022, repeated inspections and two notices of violation. Staff reported partial removal of some items but said the lot continued to exceed the land‑use code limit for accessory outdoor storage (more than 5% of lot area) and contained unpermitted structures visible from the public right‑of‑way. Sullivan said staff had connected the property owner, Kathleen Martindale, with the Area Agency on Aging and wildfire partners and that a dumpster and other assistance had been offered but refused.
Sullivan told the board the recommended remedy—authorization under Article 14 of the Boulder County Land Use Code—would allow the Community Planning & Permitting director to seek an administrative entry and seizure warrant from district court; if the court grants it, county contractors could remove rubbish and bill the owner for abatement costs plus an inspection fee.
Assistant county attorney Colin Mayberry advised the board to first decide whether to uphold the director’s finding that a violation exists, and then separately decide whether to authorize seeking a warrant. Commissioners asked follow‑up questions about assistance offered to the owner (Area Agency on Aging, Wildfire Partners) and confirmed the owner had notice and opportunity to appear but did not.
Commissioner Levy moved to uphold the director’s determination that a zoning violation exists and to authorize Community Planning & Permitting to seek a warrant to abate. The motion was seconded and approved by voice vote. The board’s motion record indicates the director’s findings were upheld and staff may proceed with the Article‑14 authorization to seek a court warrant.
