Ballowe sentenced to 15 days in jail
For failure to pay
Terrence Ballowe, 410 Chase Street, Black Hawk, was found in contempt of court by Judge Ronald Miller in Municipal Court, October 21, 2009. He was sentenced to 15 days in Gilpin County Jail for failing to pay restitution to the City of Black Hawk, as ordered by the court on March 18, 2009. Ballowe was placed into handcuffs and taken away. During the proceedings, Ballowe had said he wanted to pay but because of his family’s medical bills, was unable to pay. He said he had no objection to the City filing a lien against his property (a request of the City’s attorney, now being pursued). Once the Judge ruled, Ballowe argued that state statutes do not allow the court to imprison him. He also stated that he had offered to pay, but was not allowed to.
The case goes back to May, 2008 when Ballowe violated the Black Hawk Municipal Code by excavating and moving dirt at his 531 Chase Street “Creekside Bed and Breakfast” to provide more parking area. The dirt was deposited into the Chase Street flood plain, violating City ordinance. Additionally, Ballowe had not obtained the required permit prior to excavating and City staff had issued a Notice to Abate. Ballowe had appealed the abatement to the Council which also serves as the City’s Appeals Board, stating he considered the work “landscaping” not “excavating” so didn’t think he needed a permit. City staff countered they had given Ballowe information about the City’s requirements several times prior to the work being done. The Appeals Board required Ballowe to provide engineering plans showing flood plain levels would not be increased by the fill dirt he was placing before he could proceed with work. That was October, 2008. The City sought restitution to cover costs in abating the violation and fined Ballowe for violating the ordinance. When he didn’t pay, they proceeded to court.
In March, 2009, the court ordered Ballowe to pay the City a total of $3,557 ($2,057 restitution plus a $1,500 fine). Seven months later, the City’s attorney, Jefferson Parker, told Judge Miller Ballowe had made no attempt to pay the restitution or fine since then, although the initial deadline for payment had been set by the Court for May 20, 2009 and then extended to August 19th and then to October 21st. In addition to jail time, the court also entered judgment against Ballowe for the fine and further ordered fines to increase by $500 per month until they were paid. The City’s attorney also stated, for the record, he was unaware of any offers to pay by Ballowe made prior to this court date.
Judge Miller has given Ballowe until November 18, 2009, to pay the restitution or face further contempt proceedings. Ballowe is also scheduled to appear in District Court next month on charges of arson regarding a January fire which caused extensive damage to the bed and breakfast.
Ballowe Appeals
During this public hearing, Chase Street resident Terry Ballowe appealed to the Council, acting as the City’s Appeals Board, regarding a Notice to Abate issued in May. Ballowe had excavated an area adjacent to his Chase Street bed and breakfast to provide parking space. The City found that Ballowe had violated the Municipal Code and Federal Emergency Management Agency (FEMA) regulations, and “possibly endangered properties and residents in the Chase Gulch flood way” by depositing fill into a flood hazard area. Further, the City found Ballowe had done the work without required permits.
Ballowe’s appeal stated the City’s case was invalid due to an incorrect legal address (531 Chase Street) for the property where the work had been done and because that property lies outside of the flood way per sections 18-206 and 18-217 of the Municipal Code. Ballowe said he considered the work as landscaping (not excavating), so didn’t think he needed a permit.
In response, Steve Ferris, the City’s Community Planning and Development Director, said 531 Chase Street is the only address of record for the property in question. He acknowledged the address lies outside the “limit of the detailed (FEMA) study of the flood plain,” but noted the FEMA Flood Insurance Rate Map shows the flood plain going through Ballowe’s property specifically where the fill had been placed. Before a permit will be issued, Ballowe must provide the required plans and engineer’s certification that flood levels will not be increased due to his actions. Ferris said Ballowe had been given information about the City’s permit requirements several times prior to the work being done. The Aldermen directed City Attorney Corey Hoffmann to prepare an order affirming the staff’s findings. To proceed with work, Ballowe must provide the engineering plans required. Once issued this order, Ballowe may comply or appeal in District Court.