The Crested Butte News Serving the Gunnison Valley since 1999
No permits mean trouble
By Mark Reaman
A rash of unauthorized construction in the Irwin townsite area has kept the enforcement team of the Gunnison County Community Development Department extremely busy this fall.
A half dozen “stop work order/notice of violation” notices have been sent to property owners who have built structures on their property—including obvious habitable buildings—but did not obtain the needed permits to build in the area.
As a result, the county commissioners have authorized the county attorney to “take all necessary enforcement action” that could include eventually going to court or having the structures dismantled.
The buildings also impact the town of Crested Butte since they were constructed in the town watershed. Public works director Rodney Due said none of the buildings in question had obtained the required Crested Butte watershed permit.
According to Gunnison County community and economic development director Cathie Pagano, the county rules are in place to help people build but at the same time protect public health and safety. “Some of these structures may have been constructed over the summer of 2016; others may have been built earlier,” she said. “There are some properties that are difficult for county officials to see from public roads and therefore are not always caught immediately. The county assessor has notified the Community Development Department of violations that they have found during assessment evaluations.”
Pagano said the county was in the process of contacting and trying to work with the property owners. “Many of the structures appear to be habitable spaces but we have not been able to conduct an in-person inspection to verify this with most of the structures,” Pagano said. “All of the Irwin violations are located in the town of Crested Butte watershed and our concern and regulations relate to protection of public health and safety.”
Crested Butte’s Due said the unauthorized construction is a concern for the town since the structures sit near the top of the watershed that feeds the town drinking water supply.
“They definitely impact the town watershed. There is one two-story stucco house that has grey water just coming out of a pipe from the house into the ground. Apparently there were no building permits, no ISDS (individual sewage disposal system) permits and no town watershed permits. One even constructed a road,” Due said. “I hope to get up there with some county people to get a look within the next couple of weeks.”
Pagano said because many of the owners have not been overly cooperative to help resolve the issue, the county is taking the next step.
“Some of the owners have said they are living in the buildings; others have said the buildings are for storage. We are trying to determine the use of the structures to determine what permits are required. The property owners have already received stop work orders and have not submitted information that was requested in those stop work orders,” Pagano said. “Therefore the Board of County Commissioners has authorized the county attorney’s office to pursue enforcement action as described in Article 16 of the Gunnison County Land Use Resolution, including litigation.”
Penalties can be expensive. Building permit fees are doubled, court action may be pursued, abatement may be pursued, and no further applications may be processed or approved for a person who is responsible for a violation that is the subject of an existing stop order. Daily fines are also possible.
Pagano said the next step is further communication. “The county attorney will notify the property owners of intent to enforce and, if necessary, pursue litigation,” she explained. “Gunnison County does permit the construction of residences on parcels within the Irwin area and there are no minimum square footage requirements. However, habitable buildings must comply with all applicable building codes and obtain a permit and also comply with Gunnison County on-site wastewater treatment system regulations and obtain a permit.
“Interested parties should always feel free to call the Building and Environmental Health official, Crystal Lambert, with questions about permits, codes and requirements,” Pagano concluded. “We are here to help people through the process while also protecting public health and safety.”
The property owners involved in the enforcement action include James Salter, Theodore Evans, Chad Hussong, Craig Geipel, Erik Underwood, and Nicole Digate and Kevin Bates.
Pagano said as far as timing, “The attorney’s office typically sends a letter reiterating the enforcement and violation and stipulates a timeframe for compliance before litigation is pursued. If a property owner is responsive we will do our best to work with them and avoid litigation.”
If a resolution is not reached with the county, Pagano said the penalty is typically determined in court. In the past the fine has been $100 per day for similar violations.
