COUNTY COURT, PARK COUNTY, COLORADO

Court Address:
P.O. Box 190, 300 Fourth Street, Fairplay, CO, 80440
DATE FILED: September 7, 2017 10:26 AM
Plaintiff(s) PARK COUNTY BOARD OF COUNTY COMMRS
v.
Defendant(s) STEVEN J BEDIGIAN

COURT USE ONLY

Case Number: 2017C30139
Division: A Courtroom:

Order: Administrative Entry and Seizure Warrant Pursuant to CRS 30-15-401(1)

The motion/proposed order attached hereto: GRANTED.

Issue Date: 9/7/2017

STEPHEN A GROOME
District Court Judge

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 COUNTY COURT, PARK COUNTY, COLORADO

Court Address: 300 4th Street

P.O. Box 190

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Fairplay, CO 80440

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______________________________________________

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Plaintiff: BOARD OF COUNTY COMMISSIONERS COURT USE ONLY
OF THE COUNTY OF PARK,
v. _________________________

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Case Number:
Defendant: STEVEN J. BEDIGIAN

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Division:

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ADMINISTRATIVE ENTRY AND SEIZURE WARRANT
PURSUANT TO C.R.S. 30-15-401(1)
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THE COURT, having reviewed the Application for Issuance of an Administrative Entry
and Seizure Warrant Pursuant to C.R.S. 30-15-401(1) submitted by Plaintiff Park County, Park
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County Ordinance No. 6 and the Affidavit of Dominick Pucherelli and attachments thereto, and
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being fully advised in the premises, finds concludes and orders as follows:
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1. Park County is a Colorado County organized and existing pursuant to Title 30 of

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the Colorado Revised Statutes.

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2. Defendant Steven J. Bedigian is, according to the records of the Park County
Clerk and Recorder and the Park County Assessor, the owner of certain real property located in
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the County of Park, State of Colorado, described as Lot 44, Filing 18, South Park Ranches,
commonly known and numbered as: 394 Imboden Road, Hartsel, Colorado; Property Tax
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Schedule Number 26894 (the Subject Property).

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3. C.R.S. 30-15-401(1) authorizes and empowers Colorado counties such as Park

County to provide for and compel the removal of rubbish, including trash, junk and garbage,
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from lots and tracts of land within the county . . . at such time, upon such notice, as the board of
county commissioners may prescribe by ordinance, including removal performed by the county
upon notice to and failure of the property owner to remove such rubbish, and to assess the
reasonable cost thereof, including five percent for inspection and other incidental costs in
connection therewith, upon the lots and tracts from which such rubbish has been removed.

4. Pursuant to the authority granted by C.R.S. 30-14-401(1), Park County has

adopted in the manner prescribed by law Ordinance No. 6 as amended, prohibiting
accumulations of trash and rubbish and allowing for the abatement thereof. Ordinance No. 6
meets all of the requirements for such an ordinance prescribed in C.R.S. 30-14-401(1)(a)(I)(A).
 5. Defendant has used, and is currently using or allowing to be used, the Subject
Property in violation of Ordinance No. 6. Specifically, Defendant has allowed violations of
Ordinance No. 6 to continue as set forth in the Affidavit of Dominick Pucherelli on file herein as
well as the judgment in the case of Board of County Commissioners v. Bedigian, Case No.

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2016C75 of which the Court takes judicial notice.

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6. As required by C.R.S. 31-15-401(1) and Ordinance No. 6, Dominick Pucherelli,

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the Park County Code Enforcement Officer, mailed written notice to the Defendant by certified
U.S. Mail to correct the violation within twenty (20) days after the date of the notice. The notice
was mailed to the address of the owner of the subject property contained in the records of the

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Park County Assessor.

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7. The Defendant has failed and refused to correct the violations set forth in the
notice within the twenty (20) day period or any extension period granted by Park County.

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8. C.R.S. 30-15-401(1)(a)(I)(B) states, in pertinent part, as follows:
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(B) A county court or district court having jurisdiction over property
from which rubbish shall be removed pursuant to the ordinances
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authorized by sub-subparagraph (A) of this subparagraph (I) shall issue an
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administrative entry and seizure warrant for the removal of such rubbish.
Such warrant shall be issued upon presentation by a county of ordinance
provisions which meet the requirements of sub-subparagraph (A) of this
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subparagraph (I) and a sworn or affirmed affidavit stating the factual basis
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for such warrant, evidence that the property owner has received notice of
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the violation and has failed to remove the rubbish within a reasonable
prescribed period of time, a general description of the location of the
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property which is the subject of the warrant, a general list of any rubbish
to be removed from such property, and the proposed disposal or temporary
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impoundment of such rubbish, whichever the court deems appropriate.

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9. The sworn affidavit of Dominick Pucherelli, Park County Code Enforcement

Officer, states the factual basis for the requested administrative entry and seizure warrant,
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attaches evidence that the property owner received notice of the violation of Ordinance No. 6 and
that such owner has failed to remove the rubbish within a reasonably prescribed period of time,
generally describes the location of the property which is the subject of the warrant, contains a
general list of rubbish to be removed from such property, and states the proposed disposal or
temporary impoundment of such rubbish, as required by C.R.S. 30-15-401(1)(a)(I)(B).

10. Park County has complied with the requirements of C.R.S. 30-15-
401(1)(a)(I)(B) and the issuance of an administrative entry and seizure warrant is, therefore,
necessary and proper.

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 WHEREFORE, the Court issues this Administrative Entry and Seizure Warrant. Park
County and/or its contractors are authorized and directed to enter onto the Subject Property and
to seize, remove and dispose of the rubbish generally described in the Pucherelli Affidavit and
the attachments thereto. Park County shall, within ten (10) days, execute this warrant. A copy

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of the warrant shall be provided to or mailed to the property owner, and proof of the execution of

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such warrant, including a written inventory of any property impounded by Park County, shall be
submitted to the Court.

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DONE this _______ day of ________________, 2017.

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BY THE COURT:

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Brian Green, County Judge
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