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HomeMy WebLinkAbout20110612 RESOLUTION RE: ACTION OF THE BOARD CONCERNING ZCV #1000151 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 #1000151, 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 deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, the Weld County Attorney be, and hereby is, authorized to proceed with 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. . PLi �1io\ 3 - 11- I I 2011-0612 PL0824 VIOLATIONS - ZCV#1000151 - 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: �:1� r• , EXCUSED wab ..arbara Kirkmeyer, Chair • Weld County Clerk to the . ' IV. K „ 'l , aC . �,�CCUSED BY: 011A011Ap�' r ? ear) P. Co Pro Tem Deputy Clerk to the Boar. ♦ L Wil arp-F. Gar AP D ORM: 4 Day 'E.-Lon Chair ro-Tem unty Attorney cOti ag6 Lc Dougla[Rademac r Date of signature: cf5AV/ 2011-0612 PL0824 Act*; Vine COLO O Planning Department ZONING VIOLATION CASE SUMMARY Violation Number: ZCV10-00151 Compliance Officer: Bethany Salzman PRIMARY OWNER: Situs Address: 711 N 28TH AV DIENGDOH ABSTAR R Mailing Address: 322 N 21 AV GREELEY, CO 80631 PARCEL: 080536004006-R1380286 Acreage: 0.21 Legal Description: 18030C L2 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 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. RECOMMENDATION: The Department of Planning Services recommends that this case be forwarded to the County Attorney's Office for immediate legal action. fit,�n ooioaano opt 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 most strict 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 ZCV10-00150" 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. No pictures were taken during this inspection. Zoning Code Inspection 01/26/2011 Noncompliance 41;4; "Pc Planning Department ZONING VIOLATION CASE SUMMARY Inspection Result Comment Upon a visual inspection of the property, the following items were noted: a derelict grey car was still present. No 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: Still appear to have at least 1 derelict vehicle and they added a commercial vehicle (limo). No pictures were taken during this inspection. r faS DEPARTMEN t OF PLANNING SERVICES rat L......4%;.\\ Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us ' E-MAIL: bsalzman@co.weld.co.us PHONE:C. 304 6498100 X 3555 FAX:970 COLORADO January 31, 2011 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: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on D310812011 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.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. 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 DEPARTMEN t OF PLANNING SERVICES Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us ipE-MAIL: bsalzman@co.weld.co.us eFAX: 970 3 436 49PHONE: 8100 X 3555 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, Bethany Salzman Zoning Compliance Officer II File: ZCV10-00151 Page 2 of 2 Report ID: CODE000023v002 Print Date-Time: 1/31/2011 8:27:00AM DEPARTMEN i OF PLANNING SERVICES 0 Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us I E-MAIL: bsalzman@co.weld.co.us CPHONE: 970-353-6100 X 3555 FAX: 970-304-6498 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: 18030B 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 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.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 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, 20111 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: 1/312011 8:19:10AM Ps1 DEPARTMEN 1 OF PLANNING SERVICES (eitk;.**N Zoning Compliance Division b�- "� 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us ' E-MAIL: bsalzman@co.weld.co.us CPHONE: 100 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, 1:&igiat Bethany Salzman I Zoning Compliance Officer File: ZCV10-00150 Page 2 of 2 Report ID: CODE000023v002 Print Date-Time: 1/31/2011 8:19:10AM DEPARTME. OF PLANNING SERVICES 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. PHONE: 100 X 3555 FAX: 970-304-6498 COLORADO December 14, 2010 DIENGDOH ABSTAR R 322N21AV 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 Page 1 of 2 Report ID: CODE000021v002 Print Date-Time: 12/14/2010 2:25:21 PM (4'2s' DEPARTMEIF PLANNING SERVICES ctitt1;\\, Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us "gig E-MAIL: bsalzman@co.weld.co.us C PHONE: 970-353-6100 X 3555 FAX: 970-304-6498 COLORADO Sincerely, Bethany Salzma Zoning Compliance Officer II File: ZCV10-00151 Page 2 of 2 Report ID: CODE000021v002 Print Date-Time: 12/14/2010 2:25:21PM DEPARTMEI. JF PLANNING SERVICES raft Zoning Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us ' E-MAIL: bsalzman@co.weld.co.us A PHONE: 04 6498 970-353-6100 X 3555 C. FAX: 970 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: 180306 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, S`J Bethany Salzm Zoning Compliance Officer II File: ZCV10-00150 Page 1 of 1 Report ID: CODE000022v003 Print Date-Time: 12/14/2010 2:20:00PM DEPARTMENF PLANNING SERVICES ctIL".....sx\ 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 PHONE: 100 X 3555 FAX: 970-304-6498 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: 180306 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, 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 DEPARTMENT PLANNING SERVICES rale 6 Zoning Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us I E-MAIL: bsalzman@co.weld.co.us C PHONE: 970-353-6100 X 3555 FAX: 970-304-6498 COLORADO December 06, 2010 DIENGDOH ABSTAR R 322N21 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: 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 Zoning Compliance Officer II File: ZCV10-00151 Page 1 of 1 Report ID: CODE000022v003 Print Date-Time: 12f3/2010 10:43:43AM Identify Results Page I of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1380286 Parcel#: 080536004006 Tax Area: 0685 Bordering County: Acres: 0.1708 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 06 - 66 - 36 - 0 PULLIAM - - 2 Owners Name & Address: Property Address: Cu\'p(tr-(5 I -79 DIENGDOH ABSTAR R Street: WELD 322 N 21 AVE City: WELD 2O4 �c3 X17-E GREELEY, CO 80631 1 1 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description 18030C L2 PULLIAM SUB Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Mobile Home 1135 Square Feet 7442 Land Subtotal: 7442 $13,619 $1,080 No Buildings on Parcel Mtp://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0805... 11/30/7010 Identify Results Page 1 of 1 re` fig'S Mobile Home Valuation Account#: M0003191 Parcel#: 080536004006 Owners Name&Address: Property Address: DIENGHOH ABSTAR R Street: 711 N 28 AV GREELEY 322 N 21 AVE City: GREELEY GREELEY,CO 80631 Business/Complex: Legal Description 18030-C IMPS ONLY MN L2 PULLIAM SUB MOBILE/MODULAR Land Value $0 Land Assessed Value $0 Imor. Value $5.000 Imo Assess-. Val - $400 Total Value $5,000 Total Assessed Value $400 Tax Area: Bordering County: Township Range Section Quart.Sec. Subdivison Name Block# Lot# 06 - 66 - 36-0 PULLIAM - - 2 Acres: Sq.Ft.: Sale Price Sale Date Deed Type Reception # $0 11/19/1990 X0000107 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=ACCDET&acct=08053600400... 11/30/2010 1-/ O mg 0) 1_J a) a a 15 -• — - •! • • . '. •414 I r _ •� ,i I4 �1 •—mss. asv.� . al In Y! !� TO• + , I ♦ r ,... It . 0 1: 4 i' Iiti. iiI111,7 1 . , .. y:' , ak I • s f 4 illY , l qi. . N.rrs 1-4 k! . 1171 Q fr ) ; . ' -yy •1 , . i e I S' ' i \ I 1 II �i I I I, i ` 1. ` 0 I i,,,- o. ,. .... . . c t. ... P , . f AL\ - , tp,.: li. Iiit‘.1/4 130•4140r 4... b' 4.\ ...•\_. .. , . . . A‘ se- fli1 ' , '.'T lir W , 1 4 I i i ' t I ill j ; 1 \LAIIII ;\ 'fri) ig ,,, , .1 ,:, 1 . • * e - i- f . I . . . . , ,, . , , I .... . I k\ : 7'. . ti , itsr.44. it 1 ,), _.. .... 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