HomeMy WebLinkAbout20110611 RESOLUTION
RE: ACTION OF THE BOARD CONCERNING ZCV #10000150 AGAINST ABSTAR
DIENGDOH 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, Abstar Diengdoh, ZCV #1000150, is 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, Abstar Diengdoh, property owner, was present 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 the instruction to delay action
up to September 8, 2011, with the understanding there will be no legal action taken unless there
is a repeat violation, at which time immediate legal action will be taken. This will allow the
Department of Planning Services to conduct spontaneous inspections to verify the property
remains in compliance with the Weld County Code.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that ZCV #1000150 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Abstar Diengdoh 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 the
instruction to delay action up to September 8, 2011, with the understanding there will be no
legal action taken unless there is a repeat violation, at which time immediate legal action will be
taken. This will allow the Department of Planning Services to conduct spontaneous inspections
to verify the property remains in compliance with the Weld County Code.
3 - 11 - II 2011-0611
PL0824
VIOLATIONS - ZCV#1000150 - DIENGDOH
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: 'S.
EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to
:�O.$(IV EXCUSED
BY: OZils Sean P n y, Pro-Tem
Deputy Clerk to the B
��►� Wil is F. G A`,p
AP D ell � (6-OC�
David E. Long, Acting Cha. ;pro-Tem
County Attorney �R 29 A C
Douglas demacher 1
Date of signature: a/
2011-0611
PL0824
VI`Pt
Planning Department
ZONING VIOLATION CASE SUMMARY
Violation Number: ZCV10-00150 Compliance Officer: Bethany Salzman
PRIMARY OWNER: Situs Address: 709 N 28TH AV
DIENGDOH ABSTAR R
Mailing Address: 322 N 21 AV
GREELEY, CO 80631
PARCEL:
080536004007-R1380486 Acreage: 0.25
Legal Description: 18030B Li PULLIAM SUB
LOCATION:
Location: West of and adjacent to North 28th Av and directly North of F St in the Pulliam Subdivision
North: Agriculture
South: Greeley Municipal boundaries and Residential (R-1)
East: Residential (R-1) and Industrial (1-3)
West: Greeley Municipal boundaries and Agriculture
NOTIFICATION INFORMATION:
Certified Date 01/31/2011
Certified Reference Number 7008 3230 0000 0473 3509
Certified Receipt Date 02/03/2011
VIOLATION DESCRIPTION:
Chapter 23, Article 111(3), Division 2 Residential Zone Districts
23-3-150 R-5(Mobile Home Residential)Zone District.
23-3-150.B Uses Allowed by Right.
23-3-150.C Accessory Uses.
VIOLATION REMEDY:
As I indicated in my initial letter, the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT
VEHICLES is not an allowed use in the R-5 (Residential)Zone District. Therefore, all Derelict Vehicles shall be
removed.
On January 26, 2011 I conducted an inspection of the property from the road right-of-way. There was still a
derelict white car and a small amount of general clean-up still necessary. Please keep in mind that if the
property is cleaned and derelict vehicles do not keep returning to the property, the above scheduled Violation
Hearing will be cancelled.
RECOMMENDATION:
The Department of Planning Services recommends that this case be forwarded to the County
Attorney's Office for immediate legal action.
Planning Department
ZONING VIOLATION CASE SUMMARY
WORKFLOW SUMMARY:
Case Initiation 12/03/2010 Initiated
Violation 12/03/2010 5 Day Letter
Violation 12/14/2010 Violation Notice
Violation 01/31/2011 Hearing Notification
OTHER CASE HISTORY:
12/15/2010 Phone call Abstar Diengdoh (356-5349)and I played phone tag for the past
couple of days. He called today and caught me at my desk. We
discussed his violation cases. He indicated that he has been unable
to reach either tenant. I explained that because the property is a
repeat violation property, I will not be granting any extensions beyond
the latest 30 day letter. He said he would get a copy of this letter to
the tenants. He asked if he had to remove the loader. He said he
didn't finish the landscaping this past summer and wants to keep it
there till he can. I explained he is situated in the strictest zone
district(R-5), I would check with staff. I told him we were probably
looking at the January Violation Hearings. He said he understood
and asked me to get back to him on the commercial piece of
equipment. I said I would.
12/21/2010 Phone call Abstar Diengdoh (356-5349)called. He said he provided a copy of
the letter to the tenant at 711. He asked about the loader at 709. I
said as long has it was removed by the end of next summer, we
would not proceed-has to only use it for landscaping/property
maintenance and doesn't come and go. He said that would not be a
problem and thanked me. He said he would make sure the
landscaping project was finished.
02/03/2011 Certified receipt Certified Receipt received -signed **Also reference ZCV10-00151**
02/24/2011 Phone call Abstar Diengdoh (356-5349) called. He said he has spoken to the
tenants and both properties are ready for final inspections. I
explained that I would probably keep the violations open even if they
were in compliance, because every time I go by the property, there is
a new vehicle there being worked on. He said he knows and will
speak to the tenants again. He asked me to call him after my
inspection.
03/02/2011 Phone call I tried to reach Mr. Diengdoh several times-All times were NO
answer-no way to leave a message either:
03/02/11 @ 1049
03/02/11 @ 1401
03/02/11 @ 1605
INSPECTION SUMMARY:
Zoning Inspection 12/01/2010 Noncompliance Bethany Salzman
Inspection Result Comment Upon a visual inspection of the property, the following items were noted:
Derelict Vehicles, commercial piece of equipment. No pictures were taken
during this inspection.
Zoning Code Inspection 01/26/2011 Noncompliance
Inspection Result Comment Upon a visual inspection of the property, the following items were noted:
Derelict white car and a small amount of general clean-up necessary. No
Aity;
WE`Pt
Planning Department
ZONING VIOLATION CASE SUMMARY
pictures were taken during this inspection.
Zoning Code Inspection 03/02/2011 Noncompliance
Inspection Result Comment Upon a visual inspection of the property, the following items were noted: car in
driveway with hood up-derelict, being worked on. No pictures were taken
during this inspection.
rea)
DEPARTMENT OF PLANNING SERVICES
0 Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
' E-MAIL: bsalzman@co.weld.co.us
C PHONE: 100 X 3555
FAX: 970-304-6 98
COLORADO
January 31, 2011
DIENGDOH ABSTAR R
322 N 21 AV
GREELEY,CO 80631
Zoning Violation Case: ZCV10-00150
Situs Address: 709 N 28TH AV
Legal Description: 180308 L1 PULLIAM SUB
Dear Diengdoh Abstar R:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on
.O310812011 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 2 Residential Zone Districts
23-3-150 R-5 (Mobile Home Residential)Zone District.
23-3-150.6 Uses Allowed by Right.
23-3-150.C Accessory Uses.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter, the presence of a NONCOMMERCIAL JUNKYARD
consisting of DERELICT VEHICLES is not an allowed use in the R-5 (Residential)Zone
District. Therefore, all Derelict Vehicles shall be removed.
On January 26, 2011 I conducted an inspection of the property from the road right-of-way.
There was still a derelict white car and a small amount of general clean-up still necessary.
Please keep in mind that if the property is cleaned and derelict vehicles do not keep returning
to the property, the above scheduled Violation Hearing will be cancelled.
Page 1 of 2
Report ID: CODE000023v002 Print Date-Time: 1/31/2011 8:19:10AM
DEPARTMEN i OF PLANNING SERVICES
Ki
(' Zoning Compliance Division
ll 1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
WII E-MAIL: bsalzman@co.weld.co.us
CFAX: 9E 0-304-6498100 X 3555
DCOLORADO
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.
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Page 2 01
Report ID: CODE000023v002 Print Date-Tune: 1/31/2011 8:19:10AM
Er)
DEPARTMEN I OF PLANNING SERVICES
Zoning Compliance Division
1555 North 17th Avenue
Gre
eley, Colorado 80631
WEBSITE: www.co.weld.co.us
liD
E-MAIL: bsalzman@co.weld.co.us
C
PHONE: 30436 938100 X 3555
FAX: 970
COLORADO
January 31, 2011
DIENGDOH ABSTAR R
322 N 21 AV
GREELEY,CO 80631
Zoning Violation Case: ZCV10-00151
Situs Address: 711 N 28TH AV
Legal Description: 18030C L2 PULLIAM SUB
Dear Diengdoh Abstar R:
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 2 Residential Zone Districts
23-3-150 R-5 (Mobile Home Residential)Zone District.
23-3-150.6 Uses Allowed by Right.
23-3-150.C Accessory Uses.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter the presence of DERELICT VEHICLES is not an allowed use
in the R-5 (Residential)Zone District. All Derelict Vehicles shall be removed from the
property.
On January 26,2011, I conducted an inspection of the property from the road right-of-way.
There was still a derelict grey car. Please keep in mind that if the derelict vehicle is removed
and other derelict vehicles do not keep returning to the property, the above scheduled
Violation Hearing will be cancelled.
Page 1 of 2
Report ID: CODE000023v002 Print Date-Time: 1/31/2011 8:27:00AM
(�
DEPARTMENT OF PLANNING SERVICES
jtt \\ Zoning Compliance Division
es North 17th Avenue
Gre
eley, Colorado 80631
WEBSITE: www.co.weld.co.us
' E-MAIL: bsalzman@co.weld.co.us
C PHONE: 3 X 3555
FAX: 970-304-6498
COLORADO
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.
Sincerely,
Fix (fin v
Bethany Salzman
Zoning Compliance Officer II
File: ZCV10-00151
Page 2 oft
Report ID: CODE000023v002 Print Date-Time: 1/31/2011 8:27:00AM
DEPARTMEi. OF PLANNING SERVICES
l Zoning Compliance Division
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
ig
E-MAIL: bsalzman@co.weld.co.us
CFAPHO NE:970-304-649 8100 X 3555
COLORADO
December 14, 2010
DIENGDOH ABSTAR R
322 N 21 AV
GREELEY, CO 80631
Zoning Violation Case: ZCV10-00150
Situs Address: 709 N 28TH AV
Legal Description: 18030B L1 PULLIAM SUB
Dear Diengdoh Abstar R:
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:
The presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES is not
an allowed use in the R-5 (Residential) Zone District. Therefore, all Derelict Vehicles shall be
removed.
Additionally, there is a piece of commercial equipment, similar to a small loader. The
Commercial equipment shall be removed from the property.
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,
I • 1�� Oy:l1l�'r
Bethany Salzman
Zoning Compliance Officer II
File: ZCV10-00150
Page 1 of 1
Report ID: CODE000022v003 Print Date-Time: 12/14/2010 2:20:00PM
DEPARTMEIF PLANNING SERVICES
' Zoning Compliance Division
ISM)t j‘41 ea\
1555 North 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
' E-MAIL: bsalzman@co.weld.co.us
PHONE:0 FAX: 70-304 6498100 X 3555
COLORADO
December 14, 2010
DIENGDOH ABSTAR R
322 N 21 AV
GREELEY,CO 80631
Zoning Violation Case: ZCV10-00151
Legal Description: 18030C L2 PULLIAM SUB
Situs Address: 711 N 28TH AV
Dear Diengdoh Abstar R:
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 2 Residential Zone Districts
23-3-150 R-5 (Mobile Home Residential)Zone District.
23-3-150.B Uses Allowed by Right.
23-3-150.C Accessory Uses.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter the presence of DERELICT VEHICLES is not an allowed use
in the R-5 (Residential) Zone District. All Derelict Vehicles shall be removed from the
property.
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
01/14/2011
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
E,
Page 1 of 2
Report ID: CODE000021v002 Print Date-Time: 12/14/2010 2:25:21PM
DEPARTMEnF PLANNING SERVICES
ri 11 Zoning Compliance Division
1555 North 17th Avenue
Gre
eley, Colorado 80631
WEBSITE: www.co.weld.co.us
WIlD
E-MAIL: bsalzman@co.weld.co.us
PC. F 970-304-6498NE: O3 3100 X 3555
AX:
COLORADO
Sincerely,
iN
' r
Bethany Salzmd
Zoning Compliance Officer II
File: ZCV10-00151
Page 2 of 2
Report ID: CODE000021 v002 Print Date-Time: 12/14/2010 2:25:21 PM
DEPARTMENNNF PLANNING SERVICES
(tof 47::;•.\\H, Zoning Compliance Division
1555 North 17th Avenue
Gre
eley,y, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: bsalzman@co.weld.co.us
304 6498100 X 3555
C FAX: 970
COLORADO
December 06, 2010
DIENGDOH ABSTAR R
322 N 21 AV
GREELEY, CO 80631
Zoning Violation Case: ZCV10-00150
Situs Address: 709 N 28TH AV
Legal Description: 18030B L1 PULLIAM SUB
Dear Diengdoh Abstar R:
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:
The presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES is not
an allowed use in the R-5 (Residential)Zone District. Therefore, all Derelict Vehicles shall be
removed.
Additionally, there is a piece of commercial equipment, similar to a small loader. The
Commercial equipment shall be removed from the property.
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,
J_ l rrl\dti-c__J
Bethany Salzman
Zoning Compliance Officer II
File: ZCV10-00150
Page 1 of 1
Report ID: CODE000022v003 Print Date-Time: 12/3/2010 10:37:22AM
Pte`
DEPARTMEN r JF PLANNING SERVICES
jot $ Zoning Compliance Division
1555 North 17th Avenue
Gre
eley, Colorado 80631
WEBSITE: www.co.weld.co.us
IDE-MAIL: bsalzman@co.weld.co.us
C
PHONE:970-304-6498 100 X 3555
FAX:
COLORADO
December 06, 2010
DIENGDOH ABSTAR R
322N21AV
GREELEY,CO 80631
Zoning Violation Case: ZCV10-00151
Situs Address: 711 N 28TH AV
Legal Description: 18030C L2 PULLIAM SUB
Dear Diengdoh Abstar R:
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:
The presence of DERELICT VEHICLES is not an allowed use in the R-5 (Residential)Zone
District. All Derelict Vehicles shall be removed from the property.
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
Y
Zoning Compliance Officer II
File: ZCV10-00151
Page 1 of 1
Report ID: CODE000022v003 Print Date•Time: 12/3/2010 10:43:43AM
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1380486 Parcel#: 080536004007
Tax Area: 0685 Bordering County:
Acres: 0.1708
Township-Range_Section Quart. Sec. Subdivison Name Block# Lot#
06 - 66 - 36 - 0 PULLIAM - - 1
Owners Name & Address: Property Address: C L,�' V,I0 CD 1
DIENGDOH ABSTAR R Street: 709 N 28 AV WELD
322 N 21 AVE City: WELD
GREELEY, \5O
GREELEY, CO 80631 � lJ`.
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
$0
Legal Description
180308 L1 PULLIAM SUB
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Square Feet 7440
Land Subtotal: 7440 $13,615 $1,080
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Out Building
Improvements Subtotal: $229 $20
Total Property Value $13,844 $1,100
Building Details
Account#: R1380486 Parcel#: 080536004007
Owners Name & Address: Property Address:
DIENGDOH ABSTAR R Street: 709 N 28 AV WELD
322 N 21 AVE City: WELD
GREELEY, CO 80631
Building# Property Type
1 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1989
Exterior: HVAC: None
http://maps2.merrick.com/Website/Weld/setSglasp?cmd=QUERY&DET=PP&pin=O8O5... 11/30/2010
Identify Results Page 2 of 2
Interior Finish: Built As SQ Ft: 840
# of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#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/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0805... 11/30/2010
Identify Results Page 1 of 1
Mobile Home Valuation
Account#: M0228305 Parcel#: 080536004007
Owners Name&Address: Property Address:
DIENGDOH ABSTAR R Street: 709 N 28 AV GREELEY
322 N 21 AVE City: GREELEY
GREELEY, CO 80631
Business/Complex:
Legal Description
18030B IMPS ONLY Ll PULLIAM SUB MOBILE/MODULAR
Land Value $0 Land Assessed Value $0
Imor.Value $5,334 Impr. Assessed Value $420
Total Value $5,334 Total Assessed Value $420
Tax Area: Bordering County:
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
06 - 66-36 - 0 PULLIAM - - 1
Acres:
Sq. Ft.:
Sale Price Sale Date Deed Type Reception #
$0
http://maps2.merrick.com/Website/Weld/setSgl.asp?emd=ACCDET&acct=08053600400... 11/30/2010
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