Arapahoe County plans to seek court order for Ohio Avenue septic repairs

Arapahoe County public health staff plan to ask a district court to order septic repairs at 23900 E. Ohio Ave. and impose penalties after the owner missed a deadline to fix the system. At the Oct. 21 Board of Health meeting, staff also described a separate foreclosure at 3140 W. Gerard Ave., where they said they arranged to notify a buyer that the property could not be occupied until its septic system is fixed. Staff outlined both cases at the meeting.

At Ohio Avenue, staff said a septic installer proposed $18,000 in repairs and the owner rejected the proposal. The county’s July enforcement materials say a septic professional found the onsite wastewater system needed repair. Staff sought a repair permit and completed work, measures to secure the damaged tank area and prevent sewage from surfacing, and county approval before the system could be used. The county’s enforcement file describes the requested steps. The Board of Health approved a cease-and-desist Public Health Order for the property on Aug. 19, by a 6-1 vote, its meeting minutes show.

At the October meeting, staff said the owner had not complied by the order’s Sept. 19 deadline. They planned to seek an injunction and penalties accrued through that point; staff did not state an amount.

For West Gerard Avenue, staff said the property had gone into foreclosure and the bank’s realtor had not known about the county’s recorded cease-and-desist order. Staff said they arranged for closing documents to tell the buyer the property could not be occupied until the septic system was fixed. They also planned to contact the buyer about a timeline for connecting to a nearby sanitation district; staff did not report that a connection had been completed.

The meeting discussion and enforcement materials describe repair concerns, including a damaged tank area and the need to prevent sewage from surfacing, but do not report a wastewater release, contamination or illness at either address.