Burleigh County Board of Health
500 E Front Avenue
Bismarck, ND 58504
Website: http://burleighco.com/board/health
Burleigh County Board of Health
Meeting Minutes
April 24, 2014
Chairperson
Karen Macdonald
Members:
Commissioner Mark
Armstrong
Jennifer Davis
Karen Macdonald
Mary Tello-Pool
VACANT
4:00 PM
Board Members Present: Mark Armstrong, Karen Macdonald, Mary Tello-Pool
Board Members Absent: Jennifer Davis
Chair Macdonald called the meeting to order.
Approval of March 26, 2014 Minutes
A motion was made by Mary Tello-Pool to approve the March 25, 2014 Minutes. The
motion was second by Mark Armstrong. Motion carried.
Ray Ziegler noted that the City of Bismarck Inspections Department should have records
going back to the 1970s or 1980s.
Article 30, Enforcement and Administrative Liability
The proposed ordinance was plan was previously sent as an electronic attachment.
A question arose regarding how to define “junk”. There was additional discussion
regarding County Inspections, City Inspection, and the regional position currently held by
Aaron Johnson. The areas overlap and different services are offered by each agency. The
goal would be to have one number to call and be assisted and/or referred to the appropriate
agency. The regional and county positions should be complementary.
It was agreed that additional information is needed for the Board to assist with roles and
responsibilities among the three entities. Karen Macdonald will request information
regarding the regional position and responsibilities. All entities will be invited to the next
meeting.
Additionally, an environmental position for Burleigh County has been discussed as several
meetings. Ray Ziegler has not received the job description from Aaron Johnson as of this
date.
BBPHD
-2-
Resignation
Dr. Curt Juhala has resigned effective April 16, 2014. Prospective members can apply via the
application on the County website.
Adjourn
Mary Tello-Pool made a motion to adjourn the meeting. The motion was second by
Mark Armstrong. Motion carried.
The Burleigh County Board of Health adjourned at 5:00 pm, with the next meeting
scheduled for 4:00 PM on May 29, 2014.
Mary H. Senger
Burleigh County Emergency Manager
ARTICLE 30
ENFORCEMENT AND ADMINISTRATIVE LIABILITY
Section 1 Enforcement
In accordance with the provisions of Section 11-36-16 of the North Dakota Century Code, which provides
for the enforcement of County Zoning Ordinances by any officer, department, agency or employee
designated to perform such duties by the Board of County Commissioners, the County Auditor, Building
Official, Planning Director and their departmental employees, have been delegated the duty of enforcing
the 1972 Amended Zoning Ordinance of Burleigh County.
Section 2. Administrative Liability
No officer, agent or employee of the County of Burleigh shall render himself personally liable for any
damage that may accrue to persons or property as a result of any act required or permitted in the
discharge of his duties under this Ordinance. Any suit brought against any officer, agent or employee of
the County of Burleigh as a result of any act required or permitted in the discharge of his duties under
this Ordinance shall be defended by the State's Attorney until the final determination of the proceedings
therein.
Section 3. Accumulation of Certain Items Prohibited.
1. No person shall cause, permit, keep, accumulate or allow the accumulation of any, junk, refuse,
surplus, scrap, salvage or other similar items outside of a closed building in any zoned district.
The items for which accumulations are prohibited under this section may include one or more of
the following but are not limited to hazardous wastes, scrap metals, used or scrap lumber,
household appliances, machinery, construction or demolition waste or salvage, abandoned or
unlicensed vehicle(s), automotive or machinery parts, tires, used oil or solvents, garbage or
rubbish of any kind, waste paper, used furniture or other household goods, barrels, rags, boxes,
cardboard, or other similar items. The fact that an item or items has value or is operational shall
not excuse conduct prohibited by this section.
2. This Ordinance shall provide for the vacation, removal, repair or demolition of any building or
structure which is, or threatens to be, a public nuisance, dangerous to the health, sanitation,
safety or general welfare of the people of the County of Burleigh, or which might tend to
constitute a fire menace; and for the assessment of the cost of vacation, removal, repair or
demolition thereof as a county lien or assessment against such premises, and to provide for the
recovery of such costs in an action at law.
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Section 4. Violations, Penalty for Disregarding
1. It shall be unlawful for the owner to fail to comply with any Notice and Order to repair, vacate,
demolish, or remove said building, structure, or accumulation of prohibited items, given by any person
authorized by this Ordinance to give such Notice and Order and every day subsequent to such notice in
which said owner shall fail to comply with a Notice and Order as above stated shall be deemed a
separate offense.
2. It shall be unlawful for the occupant or lessee in possession to fail to comply with a Notice and Order
to vacate or fail to comply in accordance with any Notice and Order given as provided for herein, and
every day subsequent to such notice in which the said occupant or lessee shall fail to comply with Notice
and Order as above stated shall be deemed a separate offense.
3. Violations of this Ordinance shall be punished in accordance with North Dakota Century Code Section
11-33-21 General penalties for violation of zoning regulations and restrictions.
A violation of any provision of this chapter or the regulations and restrictions made
there under shall constitute the maintenance of a public nuisance and shall be a class B
misdemeanor.
04/09/2014
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