Public Notices

Randall Wheelock, Chairman

Board of County

Commissioners

Clear Creek County

ORDINANCE NO. 17

AN ORDINANCE PROVIDING FOR A PERMIT SYSTEM FOR OPEN BURNING OF SLASH PILES IN UNINCORPORATED CLEAR CREEK COUNTY BY THE BOARD OF COUNTY COMMISSIONERS, COUNTY OF CLEAR CREEK, COLORADO

WHEREAS, the Board of County Commissioners of Clear Creek, State of Colorado (hereinafter referred to as “Board”), was required pursuant to Senate Bill 11-110 (2011 Colorado Session Laws, Ch 110), codified at C.R.S. § 30-15-401(1) (n.5)(II), to create a permit system to regulate the open burning of slash piles in unincorporated Clear Creek County (hereinafter referred to as “County”); and

WHEREAS, the Board desired to be in compliance with C.R.S. § 30-15-401(1)(n.5)(II), and therefore, created, by the adoption of Ordinance #12 on August 13, 2012, a permit system to regulate open burning of slash piles in the County; and

WHEREAS, pursuant to C.R.S. § 30-15-402, the Board has the authority to impose penalties for violations of Ordinance #12; and

WHEREAS, thereafter, the General Assembly of the state of Colorado enacted laws affecting the manner of enforcement, and the penalties for violations, of county ordinances and regulations, specifically SB21-271 and HB22-1229; and

WHEREAS, the County Attorney recommends that Ordinance #12 be amended to comply with this legislation, by amending the enforcement provisions found in subsections 7.A. and 7.B. and adding subsection 7.C.; specifically by rescinding Ordinance #12 and re-enacting it, as amended, as Ordinance #17, both actions to be effective simultaneously; and

WHEREAS, it is in the interest of public health, safety and welfare that the open burning of slash piles continue to be regulated under a County permit system.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF CLEAR CREEK, COLORADO AS FOLLOWS:

Section 1. Legislative Declaration.

The Board of County Commissioners of Clear Creek County, State of Colorado, hereby declares that open burning of slash piles can be dangerous and is a matter of local and public concern, and that, in order to protect the public health, safety, welfare and natural resources of Clear Creek County, it is necessary to create a permit system to regulate the open burning of slash piles in unincorporated areas.

Section 2. Definitions

(1) “Open Burning” means fire that a person starts and that is intentionally used for forest management. “Open Burning” does not include recreational fires for burning piles of wood that are smaller than three (3) feet high and three (3) feet in diameter. The height of a wood pile is measured from the lowest point of the wood pile.

(2) “Slash” means woody material less than six inches in diameter consisting of limbs, branches, and stems that are free of dirt. “Slash” does not include tree stumps, roots, or any other material.

(3) “Broadcast Burn” means the controlled application of fire to wildland fuels in their natural or modified state over a predetermined area. Broadcast burns do not include the burning of wildland fuels that have been concentrated in piles by manual or mechanical methods.

(4) “Agricultural Burn” means the open burning of cover vegetation for the purpose of preparing the soil for crop production, weed control, maintenance of water conveyance structures related to agricultural operations, and other agricultural cultivation purposes.

Section 3. Open Burning of Slash Piles is Prohibited in Unincorporated Areas without First Obtaining the Necessary State and Local Permits. Upon adoption of this Ordinance by the Board, no person shall conduct open burning of slash piles on any private or public land in unincorporated Clear Creek County without first obtaining burn permits from the CDPHE and, in their respective jurisdictions, the CCFA or the EFPD.

Section 4. Permittee Must Comply with all Laws and Restrictions

Obtaining burn permits for burning to be conducted in unincorporated Clear Creek County from the CDPHE and either the CCFA or the EFPD does not absolve a permittee from the responsibilities expressed in the Colorado statutes, including but not limited to the criminal wildfire statutes under C.R.S. § 18-13-109 and 18-13-109.5. Obtaining a burn permit does not excuse any person from complying fully with any fire ban issued pursuant to Ordinance No. 8 for Clear Creek County, Colorado or by the US Forest Service (regarding US Forest Service lands).

Section 5. Notice of Open Burning of Slash Piles to Adjoining Property Owners and Individuals with Respiratory Conditions.

The CCFA and the EFPD shall notify the Clear Creek County Strategic and Community Planning Department (“Planning Department”) that an open burning permit has been issued for burning to be conducted in unincorporated Clear Creek County by providing to the Planning Department a copy of the permit immediately after it is issued.

Adjoining Property Owners

Upon the Planning Department’s receipt of a copy of the open burning permit from the CCFA or the EFPD, the Planning Department will notify adjoining property owners that an open burning permit has been issued. The Planning Department notification will include: the date(s), time(s) and location of the proposed open burning of slash piles.

Individuals with a Respiratory Condition

Individuals with a respiratory condition can request to be notified of proposed open burning of slash piles. The Planning Department will maintain a list of individuals with a respiratory condition who wish to be notified of open burning of slash piles.

Individuals with a respiratory condition who wish to be notified of open burning of slash piles can contact the Planning Department and request to be added to the notification list by giving the Planning Department: his/her name, e-mail address, physical address and mailing address.

Upon the Planning Department’s receipt of a copy of the open burning permit from the CCFA or the EFPD, the Planning Department will give notification of the proposed open burning of slash piles to the list of individuals with respiratory conditions. The Planning Department notification will include: the date(s), time(s) and location of the proposed open burning of slash piles.

Section 6. Exemptions.

Pursuant to C.R.S. § 30-15-401(1)(n.5)(II), the following shall not be regulated by this Ordinance and are hereby exempt: a. Broadcast Burns conducted within Federal and State guidelines that have a written prescribed fire plan, and b.Agricultural Burns

Section 7.Penalties.

A. Any person who violates Section 3 of this Ordinance commits a civil infraction and shall be punished by a fine of not more than one thousand dollars ($1,000.00) for each separate violation; provided that the fine for the second or subsequent offense during any 24 month period shall be not less than five hundred dollars ($500.00).

B. Surcharges as required by law, including pursuant to Pursuant to C.R.S. § 30-15-402(2), shall also be assessed and paid in accordance with the statutes imposing the surcharges.

C. Any person having the authority and responsibility to enforce the ordinances of Clear Creek County and having knowledge of any violation of the rules and regulations stated herein may use the Penalty Assessment Procedure defined under § 16-2- 201, C.R.S., as amended, by issuing the violator a penalty assessment notice and releasing the violator upon its terms or, as the law allows, by taking the violator before a county court judge. The penalty assessment notice shall be a summons and complaint and shall contain the identification of the offender, the specification of the offense, and the applicable fine.

Section 8. Effective Date

The Board of County Commissioners of Clear Creek County passes this Ordinance pursuant to the Colorado General Assembly’s mandate under C.R.S. § 30-15-401(1)(n.5)(II). Further, the Board of County Commissioners of Clear Creek County finds that this Ordinance is necessary to preserve the public health and safety because of the drought and extreme fire hazard conditions that can exist in the County and the State, and, therefore, hereby adopts the Permit System for Open Burning of Slash Piles in unincorporated Clear Creek County as set forth in this Ordinance effective immediately upon signing of this Ordinance.

INTRODUCED, FIRST READ, ORDERED PUBLISHED IN FULL AND SET FOR PUBLIC HEARING THIS 18th DAY OF April, 2023.

BOARD OF COUNTY COMMISSIONERS

CLEAR CREEK COUNTY, COLORADO

Randall Wheelock, Chairman

CERTIFICATION: THE FOREGOING ORDINANCE WAS INTRODUCED AND READ ON APRIL 18, 2023 , BY THE BOARD OF COUNTY COMMISSIONERS OF CLEAR CREEK COUNTY, COLORADO, AND APPROVED FOR PUBLICATION.

DATE OF PUBLICATION: April 27, 2023

E.A. Luther Deputy Clerk & Recorder Clear Creek County

Legal Notice No. CCC613

First Publication: April 27, 2023

Last Publication: April 27, 2023

Publisher: Clear Creek Courant Public Notice Public Hearing May 16th, 2023 at 6:30 PM Empire Town Hall 30 E. Park Ave Empire, CO 80438

Public Hearing for the Annexation Petition for Harmony Domes, property owner Vas Kostiuk. The subject property consists of multiple mining claims addressed at 433 Park Ave., Empire Colorado. The subject property consists of the Heckla, Emma, Gold Dust, Butte, and Cambrian mining claims as well as a portion of tract within section 28 which is a total of 14.27 acres. A portion of the property and the claims listed above are currently located within unincorporated Clear Creek County. The subject site is located within Section 28, Township 3 South, Range 74 West of the 6th Principal Meridian within the Town of Empire, Colorado.

Legal Notice No. CCC596

First Publication: April 13, 2023

Last Publication: May 4, 2023

Publisher: Clear Creek Courant Public Notice

L0413-TD 23-015 pancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having an Interest or Title of Record in or to the said Premises and To Whom It May Concern, and more especially to HEADTKE JULIA

And Whereas, You and each of you are hereby notified that on the 15 day of NOVEMBER, A.D.

2019 the then County Treasurer of Clear Creek County, in the State of Colorado, sold at public tax lien sale to JOAN LOUISE DUDLEY COLE the following described real estate in the County of Clear Creek, State of Colorado, to wit:

TAX LIEN SALE CERTIFICATE OF PURCHASE #2019-00981

Property Schedule R009738 Parcel 195912100608

MINE: ARGENTITE - 6365

5.147 ACRES CAS 12-4-74 COUNTY OF CLEAR CREEK STATE OF COLORADO

And Whereas, Said County Treasurer issued a Tax Lien Sale Certificate of Purchase therefore to JOAN LOUISE DUDLEY COLE;

And Whereas, That said tax lien sale was made to satisfy the delinquent taxes assessed against said real estate for the year 2018;

And Whereas, That said real estate was taxed in the names of HEADTKE JULIA for said year of 2018;

And Whereas, That said JOAN LOUISE DUDLEY COLE on the 27 day of MARCH, A.D. 2023, the present holder of said certificate, who has made request upon the Treasurer of Clear Creek County for a deed to said real estate;

And Whereas, That a Treasurer’s Deed will be issued to the said JOAN LOUISE DUDLEY COLE at 11:00 o’clock A.M., on the 15 day of August, A.D. 2023, unless the same has been redeemed. And Whereas, Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.

Witness my hand this 04 day of APRIL, A.D., 2023.

/s/ Carol Lee Carol Lee, Treasurer Clear Creek County

Published 3 x in the Clear Creek Courant, APRIL 13, 20, 27, 2023

L0413-TD 23-015

Legal Notice No. CCC592

First Publication: April 13, 2023

Last Publication: April 27, 2023

Publisher: Clear Creek Courant Public Notice

CITY OF IDAHO SPRINGS

Clear Creek County, Colorado Ordinance No. 7, Series 2023

AN ORDINANCE REPEALING AND REENACTING SECTION 17-67 OF THE IDAHO SPRINGS

MUNICIPAL CODE CONCERNING CERTAIN WEAPONS POSSESSION IN RESPONSE TO FEDERAL CASE LAW

WHEREAS, the City of Idaho Springs, Colorado (the “City”), is a Colorado statutory municipality, duly organized and existing under the laws of the state of Colorado; and

WHEREAS, pursuant to C.R.S. § 31-15-401, the City, acting through its City Council (the “Council”), is authorized to adopt rules and regulations prohibiting certain conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare; and

WHEREAS, pursuant to such authority, the Council has previously defined and adopted certain general offenses, codified as Chapter 17 of the Idaho Springs Municipal Code (“Code”), including a prohibition of the possession of firearms in liquor licensed premises, codified as Code Section 17-67; and

WHEREAS, on June 23, 2022, the Supreme Court of the United States issued its opinion in N.Y. State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (2022); and

WHEREAS, the Bruen Court significantly altered the state of Second Amendment Constitutional analysis by introducing the “historical tradition” test which requires a governmental entity to justify a firearm regulation by showing such regulation is consistent with “the Nation’s historical tradition of firearm regulation;” and

WHEREAS, the Bruen Court recognized the validity of laws forbidding the carrying of firearms in “sensitive places” such as schools, government buildings, legislative assemblies, polling places, courthouses, and other analogous places; and

WHEREAS, the Council finds that, under the new Bruen test, Section 17-67 of the Code concerns neither a historically traditional firearm restriction nor a “sensitive place” and is therefore no longer likely constitutional and must be repealed; and

WHEREAS, the Council further finds that the Idaho Springs City Hall is a “sensitive place” under the new Bruen test and therefore the Council may prohibit the carrying of deadly weapons there.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IDAHO SPRINGS, COLORADO, THAT:

Section 1. Section 17-67 of the Code, concerning the possession of deadly weapons within liquor-licensed premises, is hereby repealed and reenacted to read in its entirety as follows:

Sec. 17-67. - Possession within City Hall.

It is unlawful for any person to carry, display or possess, either openly or in a concealed fashion, a deadly weapon in or upon the premises of the Idaho Springs City Hall, excepting those law enforcement officers exempt from this Article pursuant to Section 17-61 hereof.

Section 2. Should any one or more sections or provisions of this Ordinance or of any Code provision enacted hereby be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance or of such Code provision, the intention being that the various sections and provisions are severable.

Section 3. Any and all Ordinances or Codes or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such Ordinance or Code provision or part thereof shall not revive any other section or part of any Ordinance or Code provision heretofore repealed or superseded.

INTRODUCED, READ AND ORDERED PUB-

LISHED at a Regular Meeting of the City Council of the City of Idaho Springs, Colorado, held on the day of 2023.

Chuck Harmon, Mayor

ATTESTED AND CERTIFIED: Diane Breece, City Clerk

PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Idaho Springs, Colorado, held on the 27th day of March, 2023.

Chuck Harmon, Mayor

ATTESTED AND CERTIFIED: Diane Breece, City Clerk

Legal Notice No. CCC612

First Publication: April 27, 2023

Last Publication: April 27, 2023

Publisher: Clear Creek Courant Bids and Settlements

Public Notice

ADVERTISEMENT FOR BIDS

Clear Creek County Georgetown, CO 80444 Clear Creek County Shooting Range

General Notice

Clear Creek County (Owner) is requesting Bids for the construction of the following Project:

Clear Creek County Shooting Range Bids for the construction of the Project will be received at the Clear Creek County Public Works Division located at 3549 Stanley Rd. Dumont, CO 80436 PO Box 362, until Tuesday, 05/03/2023 at 3PM local time. At that time the Bids received will be privately opened and read.

The Project includes the following Work:

For the Clear Creek Shooting Range, there will be 3 different bid items. The first being all horizontal work, grading, and paving. Second will be for the main building. The last bid will be for the shooting sheds.

Separate Bids will be received for the following

Contracts:

Contract No.Description of Contract

1 Construction of the Clear Creek Shooting Range

Obtaining the Bidding Documents

Information and Bidding Documents for the Project can be found at the following designated website: https://www.clearcreekcounty.us/bids.aspx

Bidding Documents may be downloaded from the designated website. Prospective Bidders are urged to register with the designated website as a plan holder, even if Bidding Documents are obtained from a plan room or source other than the designated website in either electronic or paper format. The designated website will be updated periodically with addenda, lists of registered plan holders, reports, and other information relevant to submitting a Bid for the Project. All official notifications, addenda, and other Bidding Documents will be offered only through the designated website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the designated website.

The Issuing Office for the Bidding Documents is: Clear Creek County Public Works Division 3549 Stanley Rd. Dumont, CO 80436 PO Box 362

Pre-bid Conference

A pre-bid conference for the Project will be held on 04/27/2023 at 11AM at Clear Creek Shooting Range 3204 County Road 312, Dumont, CO 80436. Attendance at the pre-bid conference is encouraged but not required.

Instructions to Bidders.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents. This

To all interested persons and owners by descent or succession (List all names of interested persons and owners by descent or succession): Michele Mackey Ard - daughter Micheal Mackey - son

A petition has been filed alleging that the above decedent(s) died leaving the following property (including legal description if real property):

Description of Property Vacant Land Location of Property Idaho Springs, CO 80452

The hearing on the petition will be held at the following time and location or at a later date to which the hearing may be continued:

Date:5/30/23

Time:9AM Courtroom or Division: L

Address:405 Argentine St Georgetown, CO 80444

The hearing will take approximately 30 minutes.

Note:

• You must answer the petition on or before the hearing date and time specified above.

• Within the time required for answering the petition, all objections to the petition must be in writing, filed with the court and served on the petitioner and any required filing fee must be paid.

• The hearing shall be limited to the petition, the objections timely filed and the parties answering the petition in a timely manner. If the petition is not answered and no objections are filed, the court may enter a decree without a hearing.

Legal Notice No. CCC588

First Publication: April 13, 2023

Last Publication: April 27, 2023

Publisher: Clear Creek Courant

Notice to Creditors

PUBLIC NOTICE

NOTICE TO CREDITORS

Estate of Coleen Neff Love a/k/a Coleen N. Love and Coleen Love, Deceased Case Number: 2023 PR 30011

All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Clear Creek County, Colorado on or before August 21, 2023, or the claims may be forever barred. Scott C. Love and Julie N. Love Co-Personal Representatives c/o Poskus & Klein, P.C. 303 East 17th A venue, Suite 900 Denver, Colorado 80203 Legal Notice No. CCC609

Clear Creek Courant

Public Notice

NOTICE TO CREDITORS Estate of Mark James Dalrymple, a/k/a Mark J. Dalrymple, Deceased Case Number: 2023PR30013

All persons having claims against the abovenamed estate are required to present them to the personal representative or to the District Court of Clear Creek County, Colorado on or before August 27, 2023, or the claims may be forever barred.

Karen L. Dalrymple, Personal Representative c/o Keith L. Davis, Esq. Davis Schilken, PC 1658 Cole Blvd., #200 Lakewood, CO 80401 Legal Notice No. CCC610

NOTICE NOTICE TO CREDITORS of Nancy Lou Hale, aka Nanci Lou Hale, aka Nanci Louise Hale, aka Nancy Louise Hale, aka Nancy Hale, aka Nanci Hale, Deceased

Number: 2023 PR 30010

All persons having claims against the abovenamed estate are required to present them to the Personal Representative or to the District Court of Clear Creek County, Colorado on or before August 21, 2023, or the claims may be forever barred. Genevieve M. Hale, Christina T. Hale-Hares, and Michael D. Hale

Representatives c/o Schafer Thomas Maez PC, 4 Garden Center #200 Broomfield, Colorado 80020