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
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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)-•--
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` ,,A,,�L CMG,,_,, FR
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Postage $
Bethany Salzman •- j o
Zoning Compliance Officer II Certified Feeo File: ZCV10-00145 Holum Receiptee - Postmark
(Endorsement Required) Here
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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
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