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Board finds septic system at 23900 E. Ohio Ave a public-health nuisance, orders repairs and daily penalties
Summary
After a transfer-of-title inspection flagged a deteriorated secondary tank and an open excavation, Arapahoe County Public Health recommended corrective actions and civil penalties; the Board of Health declared the OWTS a nuisance, ordered repairs with an Aug. 6 deadline, and approved civil penalties up to $50/day with waiver conditions.
Arapahoe County Public Health told the board that a septic system at 23900 East Ohio Avenue (unincorporated Arapahoe County, Aurora address) was deteriorated, presented safety hazards and had not been demonstrably maintained or certified during a transfer-of-title inspection. Steve (Arapahoe County staff) said a third‑party inspector reported the secondary tank was deteriorated, excavation around the tank was unsafe, the tanks appeared to have never been pumped since installation in the 1990s, and the soil treatment area required camera evaluation.
Staff recommended the board find violations of the Colorado On-site Wastewater Treatment Systems Act and county OWTS regulations, declare the system a nuisance, require corrective actions and consider civil penalties of up to $50 per day. The corrective actions listed in staff’s proposed order included pumping and evaluating tanks, adding risers and secure lids, replacing or abandoning the secondary tank as appropriate, excavating and evaluating the diverter valve, completing a full evaluation of the soil treatment area, submitting a certified inspection and obtaining repair permits and final approval.
Board members asked whether the property was occupied (staff said yes) and whether the owner cited financial hardship; staff said at least one repair quote provided to the department was said to be about $30,000 and encouraged the owner to obtain multiple bids. After discussion the board voted to find the system in violation and constituting a nuisance, unanimously adopted the written order requiring the corrective actions, and approved assessing civil penalties of up to $50 per day beginning July 6, with language in the order stating the board is amenable to waiving penalties if the owner takes affirmative steps — specifically, contracts with a third‑party inspector and a licensed installer, obtains a repair permit, and provides photo documentation of fencing — and achieves compliance by Aug. 6.
Staff emphasized interim safety measures (secure lids, fencing and pumping) and said Arapahoe County could pursue court action and liens if penalties accumulate and compliance is not achieved. The board did not issue an immediate cease-and-desist or require vacancy today but retained that option following further proceedings if the owner does not move to comply.
