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Custer County Board of Health orders cleanup at 3635 Gibbs Drive after officials cite health hazards
Summary
The Custer County Board of Health voted March 31 to order cleanup of 3635 Gibbs Drive within two weeks, citing hazardous conditions in an RV that staff said likely contributed to illness among four children and posed fire and carbon-monoxide risks.
The Custer County Board of Health on Tuesday voted to order the cleanup of 3635 Gibbs Drive within two weeks after staff described hazardous living conditions and reported illnesses among children at the property.
Public health staff told the board they had received documentation and photos from another agency showing a compact RV in poor condition, sleeping quarters filled with trash and an indoor propane heat source that posed a fire and carbon-monoxide risk. "Just by the pictures, we can see that the living conditions are definitely a health hazard," said Public Health Director Sarah Bortleson.
County attorney Dan Slater told the board the public health statute does not authorize the director to issue a cease-and-desist on her own and that such an order must come from the Board of Health. "The board can order the property be cleaned up, and they can order that be done within 24 hours," Slater said, adding that if owners ignore an order the county can either perform the cleanup and recover costs as a special assessment or seek a court order.
Board members discussed timing and practicalities, noting the property had an installed septic in 2024 that is not functioning and that staff had been working the case since 2016. Staff said four children live at the residence and that the mother is pregnant. The board adopted a motion from Chair Lucas Hepp directing the two deeded owners and any adult occupant to cease the nuisance and clean the property within two weeks; the motion also prohibited habitation of the property until it is cleaned.
Hepp moved the order and a board member seconded. The board recorded three ayes and approved the order. Slater said he will draft the order for the chair's signature and prefers personal service by a sheriff's deputy or process server; staff will monitor compliance and return the matter to the board if county-funded cleanup or court action becomes necessary.
The board directed staff to red-tag and seal the property and to require occupants to notify staff when they are on site to document cleanup efforts. If the property remains unaddressed, the county may pursue cleanup and charge the owners through a special assessment, or ask a judge to compel compliance.
