Home Foreclosure Elk Creek Campground ‘making progress’ toward permit compliance, could still be fined by Garfield County

Elk Creek Campground ‘making progress’ toward permit compliance, could still be fined by Garfield County

Elk Creek Campground is located just outside of New Castle off County Road 241.
Chelsea Independent/post-independent

The Elk Creek Campground near New Castle has taken several steps to address code violations and other concerns with Garfield County, a representative for the property, which is now in foreclosure, reported to city commissioners on Monday. county.

While this bars the county from potential enforcement action, it doesn’t mean the owner, or any successor in a future real estate transaction, couldn’t be subject to more than $12,000 in fines. for allowing tenants to stay illegally through the winter, county officials said Monday.

County Commissioner Mike Samson, for his part, said he was inclined to pursue that money.

“This piece of property, since I’ve been commissioner, has been a pain in the ass,” Samson said of violations dating back to previous owners in the late 2000s and regular complaints from neighbors of the grounds. campground located on East Route of Elk Creek.

“I think we need to seriously look into this Notice of Default,” Samson said of possibly seeking fines of up to $100 a day since the campground is noncompliant. The campsite was to cease on November 1, 2021.

Samson even suggested finding a way to use some of that money to reimburse campground renters who prepaid the rent for their RV or RV space and then get them said they had to leave before the end of winter.

“They were exploited,” Samson said.

Sean de Moraes, who was appointed receiver in foreclosure action against campground owner Beau Haines, told commissioners on Monday that four campers remain at the site because they are frozen and cannot move until the snow and ice melt.

They have been told they will have to move as soon as possible, de Moraes said.

County permits only allow seasonal camping in the 67-space Elk Creek Campground between May 1 and November 1. has been applied for several years.

An inspection by private engineers determined that the campground’s septic system is not leaking into the town of New Castle’s Elk Creek water supply, de Moraes said.

This was one of the main concerns expressed during a previous meeting with County Commissioners by New Castle Town Manager David Reynolds.

A separate contractor was also able to fix the campground’s water system, and the water is now chlorinated again, de Moraes said. The Colorado Department of Public Health and Environment and Garfield County officials have been made aware of this process, he said.

Trash that had been accumulating at the site has also since been removed, he said.

At this point, given how long it would take to forcibly evict the handful of remaining tenants, it’s not something the county is inclined to pursue, County Attorney Tari Williams said.

Such actions can easily take 60 days, she said.

“Our goal is compliance,” Williams said, adding that if reasonable progress is made to address health and safety violations, no enforcement action will be taken.

De Moraes said in a separate interview following the meeting that it was still possible the campground could open for the season on May 1, although the property situation remains uncertain.

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