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HomeMy WebLinkAbout20110613 RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #1000145 AGAINST PEDRO AND ERNESTINA RODRIGUEZ FOR VIOLATION OF THE WELD COUNTY CODE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Pedro and Ernestina Rodriguez, ZCV#1000145, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 8th day of March, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Pedro Rodriguez, property owner, was present, as well as, John Rodriguez, owner of the derelict vehicle, at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until May 8, 2011, to allow adequate time for the property owner to remove all tires from the property and restore the vehicle to a running condition with proper licensing or move the vehicle to another location that has proper screening. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #1000145 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Pedro and Ernestina Rodriguez to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until May 8, 2011, to allow adequate time for the property owner to remove all tires from the property and restore the vehicle to a running condition with proper licensing or move the vehicle to another location that has proper screening. Ce., QL , V 0I . 3- Li- II 2011-0613 PL0824 VIOLATIONS -ZCV#1000145 - RODRIGUEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of March, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ' M4\ J t'I ' XCUSED s-rbara Kirkmeyer, Chair Weld County Clerk to the BitI y�Oe CUSED /� �L. an P. rCoon )Pro-Tem DeputyBY / Clerk tothe Boa � / � /"%L�/��' /X/ -- WilllII\F. Garcia PR FORM: DDa\vi 'Long, Acting Chair ro-Tem oun y Attorney c�t�lr, Douglyl Radema her Date of signature: 2011-0613 PL0824 ililpAc: Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV10-00145 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 1508 N 26TH AV RODRIGUEZ PEDRO& ERNESTINA Mailing Address: 1508 N 26 AV GREELEY, CO 80631 PARCEL: 080536102006-R1384786 Acreage: 0.09 Legal Description: 18065 L27 ESPANOLA SUB SEC 36 6 66 LOCATION: Location: West of and adjacent to 25th Av and South of and adjacent to O St North: Greeley Municipal Boundary and Agriculturally Zoned properties South: 1-3 (Industrial)Zoned properties,Agriculturally Zoned properties and approximately 3/4 miles North of Greeley Municipal Boundaries East: Agriculturally Zoned properties and approximately 1/4 miles West of Greeley Municipal Boundaries West: Agriculturally Zoned properties, R-1 (Residential) Zoned properties and approximately 3/4 miles East of Greeley Municipal Boundaries NOTIFICATION INFORMATION: Certified Date: 02/22/2011 Certified Reference Number: 7008 3230 0000 0473 3103 Certified Receipt Date: 02/28/2011 VIOLATION DESCRIPTION: Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. VIOLATION REMEDY: As I indicated in my initial letter upon a visual inspection conducted on November 23, 2010, I noted a few DERELICT VEHICLES. These vehicles must be removed, restored or completely SCREENED from all adjacent properties and public rights-of-ways. NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power); is partially or totally 4.(t Wlige Planning Department ZONING VIOLATION CASE SUMMARY dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. RECOMMENDATION: The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. WORKFLOW SUMMARY: Case Initiation 11/24/2010 Initiated Violation 11/24/2010 5 Day Letter Violation 12/10/2010 Violation Notice Violation 02/22/2011 Hearing Notification OTHER CASE HISTORY: 02/28/2011 Certified receipt Certified Receipt received-signed INSPECTION SUMMARY: Zoning Inspection 11/23/2010 Noncompliance Bethany Salzman Inspection Result Comment Upon a visual inspection of the property, the following items were noted: derelict vehicles. No pictures were taken during this inspection. Zoning Inspection 02/16/2011 Noncompliance Bethany Salzman Inspection Result Comment Upon a visual inspection of the property, the following items were noted: still appears to be a Noncommercial Junkyard consisting of 1+ Derelict Vehicles. No pictures were taken during this inspection. tan DEPARTMEN OF PLANNING SERVICES (it (i;;;;; Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us ' E-MAIL: bsalzman@co.weld.co.us CFAX: 9E 0-3 4-6498100 X 3555 COLORADO February 22, 2011 RODRIGUEZ PEDRO& ERNESTINA 1508 N 26 AV GREELEY, CO 80631 Zoning Violation Case: ZCV10-00145 Situs Address: 1508 N 26TH AV Legal Description: 18065 L27 ESPANOLA SUB SEC 36 6 66 Dear Rodriguez Pedro& Emestina: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on ::=03/08/2011 at 10:00 AM.. The above mentioned property remains in violation of the following Section(s)of the Weld County Code: Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. To bring your property into compliance with the Weld County Code: As I indicated in my initial letter upon a visual inspection conducted on November 23, 2010, I noted a few DERELICT VEHICLES. These vehicles must be removed, restored or completely SCREENED from all adjacent properties and public rights-of-ways. NONCOMMERCIAL JUNKYARD:An area where any waste,junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows,the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required Page 1 of 2 Report ID: CODE000023v002 Print Date-lime: 2/22/2011 8:02:05AM °SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • • Complete items 1,2,and 3.Also complete k Signature item 4 if Restricted Delivery is desired. X / / ❑Agent • Print your name and address on the reverse �'r:r/,,(-,I r'%;%r 'n O Addressee so that we can return the card to you. deceived by(Printed Name) .'C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. -!�`- D. Is delivery ac try from item 1? ❑Yes 1. Article Addressed to: { C �q ess below: El No • L. C��Y 1I��ivv4_ 1 �" „:;` IL. dCe �V' FF6 2 �„ oepan-Mellt lytotkFSlb0Tl? I_- 1.( i' .L Lk , (Ic ' enifi€d� Ofl — Mail ❑ Express Mall I, L,,1_(. - . ❑ Registered O Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number (Transfer from service label) 7008 3230 0000 0473 3103 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-IA-1510 DEPARTMEL. OF PLANNING SERVICES (' Zoning Compliance Division r t 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us WIlD E-MAIL: bsalzman@co.weld.co.us C. FAOFX: 970-304-6498E 100 X 3555 COLORADO - in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. This hearing will take place in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned violation hearing date. The Department of Planning Services staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal actions to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. U.S. Postal Service., `CERTIFIED MAILTM RECEIPT Sincerely, m ,-(Domestic Mall Only;No Insurance Coverage Provided)-•-- C I m ,r Nlvenj In m,atlon visit-ur Ite at xrww.us•a m® ` ,,A,,�L CMG,,_,, FR �-.N Postage $ Bethany Salzman •- j o Zoning Compliance Officer II Certified Feeo File: ZCV10-00145 Holum Receiptee - Postmark (Endorsement Required) Here O O ndor emd Delivery Required) Fee(Endorsement enl Rsgyire e O m Total Postage&Fees $ ru m Sent To . ) -� _ CI 11 I-taC Slroet,Apr No'or PO Sox No. 'Dr-- -:���) iQ*4\: N City,State,ZIP+4/_ C_ (fit , 1 -d czcznistammintrn Page 2 of 2 Report ID: CODE000023v002 Print Date-Time: 2/22/2011 8:02:05AM DEPARTMEI:. OF PLANNING SERVICES 4 Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us IE-MAIL: bsalzman@co.weld.co.us C PHONE: 970-353-6100 X 3555 FAX: 970-304-6 98 COLORADO December 10, 2010 RODRIGUEZ PEDRO&ERNESTINA 1508 N 26 AV GREELEY,CO 80631 Zoning Violation Case: ZCV10-00145 Legal Description: 18065 L27 ESPANOLA SUB SEC 36 6 66 Situs Address: 1508 N 26TH AV Dear Rodriguez Pedro & Ernestina: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. To bring your property into compliance with the Weld County Code: As I indicated in my initial letter upon a visual inspection conducted on November 23, 2010, I noted a few DERELICT VEHICLES. These vehicles must be removed, restored or completely SCREENED from all adjacent properties and public rights-of-ways. NONCOMMERCIAL JUNKYARD:An area where any waste,junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles.A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows,the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required Page 1 of 2 Report ID: CODE000021v002 Print Date-Time: 12/10/2010 2:54:31PM 1 DEPARTMEN• OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us D' E-MAIL: bsalzman@co.weld.co.us PHONC 9E 70 304-6 98100 X 3555 FAX: COLORADO • in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses.A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 01/10/2011 to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call Sincerely, ethany Salzm Zoning Compliance Officer II File: ZCV10-00145 Page 2 of 2 Report ID: CODE000021v002 Print Date-Time: 12/10/2010 2:54:31PM DEPARTMEN t uF PLANNING SERVICES 11 Zoning Compliance Division(Ka1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us ' E-MAIL: bsalzman@co.weld.co.us CPHONE:FAX: 30436 98100 X 3555 970 COLORADO November 29, 2010 RODRIGUEZ PEDRO& ERNESTINA 1508 N 26 AV GREELEY,CO 80631 Zoning Violation Case: ZCV10-00145 Situs Address: 1508 N 26TH AV Legal Description: 18065 L27 ESPANOLA SUB SEC 36 6 66 Dear Rodriguez Pedro& Ernestina: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the Weld County Code are as follow: Upon a visual inspection conducted on November 23, 2010, I noted a few DERELICT VEHICLES. These vehicles must be removed, restored or completely SCREENED from all adjacent properties and public rights-of-ways. NONCOMMERCIAL JUNKYARD:An area where any waste,junk or used or secondhand . materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles.A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. DERELICT VEHICLE:A vehicle that is inoperable(unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S.This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding Page 1 of 2 Report ID: CODE000022v003 DEPARTMEN I OF PLANNING SERVICES Kit 6 Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us ' E-MAIL: bsalzman@co.weld.co.us C 3 100 X 3555 FAX: 970-304-6498 COLORADO uses.A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer II File: ZCV10-00145 Page 2 of 2 Report ID: CODE000022v003 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1384786 Parcel#: 080536102006 Tax Area: 0604 Bordering County: Acres: 0.0918 Township Range Section Quart. Sec, Subdivison Name Block# Lot# 06 - 66 - 36 - 1 ESPANOLA - - 27 Owners Name & Address: Property Address: RODRIGUEZ PEDRO Street: 1508 N 26 AV WELD 1508 N 26 AV City: WELD GREELEY, CO 80631 Additional Owners: RODRIGUEZ ERNESTINA Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description 18065 L27 ESPANOLA SUB SEC 36 6 66 Land Valuation Summary Land 7 Unit of Number of Assessed ype Abst Code Measure Units Actual Value Value Residential 1112 Site Land Subtotal: $15,000 $1,190 Buildings Valuation Summary # Property Type Assessed Bldg# P Y Actual Value Value 1 Residential Improvements Subtotal: $33,425 $2,660 Total Property Value $48,425 $3,850 Building_Details Account#: R1384786 Parcel#: 080536102006 Owners Name &Address: Property_Address: RODRIGUEZ PEDRO Street: 1508 N 26 AV WELD 1508 N 26 AV City: WELD GREELEY, CO 80631 Building# Property Type 1 Residential Individual Built As Detail littp://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0805... 11/24/2010 Identify Results Page 2 of 2 rrash) Built As: Ranch 1 Story Year Built: 1923 Exterior: Frame Hardboard HVAC: None Interior Finish: Drywall Built As SQ Ft: 1076 #of Baths: 1 Roof Type: #of Bdrms: 3 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=0805... 11/24/2010 I II w MS; IIIIIIII I � ) (ill III I 4.74: � 1111�! 1111 • • girl _ 'fit �= CD 4 1 • �. 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