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Home My WebLink About20100470.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ORALIA FLORES 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,Oralia Flores,ZCV#0900300, 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 9th day of March, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Dora Quintana, daughter of Oralia Flores, 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 an instruction for delay of action upon such referral until April 9, 2010, in order to allow adequate time for the property owner to remove the derelict vehicles and vehicle parts from the subject property and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#0900300 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Oralia Flores 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 April 9, 2010, in order to allow adequate time for the property owner to remove the derelict vehicles and vehicle parts from the subject property and for an inspection of the property by the Department of Planning Services staff. 2010-0470 PL0824 go ' vioc. oY///4o VIOLATIONS-ZCV#0900300 - ORALIA FLORES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of March, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CQLORADO ATTEST: e--5 A.,— C/4 �✓�v" " ✓ Dougla Rademach yChair Weld County Clerk to th ?.a 7' (�� N ` arbara Kirkmeyer, Pro-Tem / BY: Clerk to the Sean P. Conway AP O AS M: Wm F. Garcia f." my Attorney David E. Long Date of signature: O3 i09/go I o 2010-0470 PL0824 Violation Summary Report BASIC INFORMATION FLORES ORALIA 2241 W 49 ST EVANS, CO 80620 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV09-00300 Situs Address: 2241 W 49TH ST Legal: FL1-2 L2 BLK1 FLOREZ (AKA FLORES) SUB 2241 W 49 ST WELD 80634 Location: Location North of and adjacent to W 49th Street and East of 23rd Avenue North Ag zone district and Evans city limits South Ag zone district and Evans city limits East Ag zone district and Evans city limits West Ag zone district and Evans city limits Parcel Number: 096130303002-R0305295 Acreage: 0.78 Certified Mail Date: 01/26/2010 Currently the property is in violation of: 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. 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. 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 ADJCAENT properties and public rights-of-way. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 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 2010-0470 Violation Summary Report surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. REMEDY THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, TRAILERS, TIRES, AUTOMOBILE PARTS AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED, RESTORED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY. SHOULD THE PROPERTY BE BROUGHT INTO COMPLIANCE PRIOR TO FEBRUARY 8, 2010 THIS CASE WILL BE REMOVED FROM THE DOCKET; OTHERWISE, HEARINGS WILL CONTINUE AS SCHEDULED. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. LETTER HISTORY 10/01/2009 Complaint Validated 10/01/2009 LTTR: 5 Day Letter 10/14/2009 LTTR: Violation Notice 01/26/2010 LTTR: Hearing Notification OTHER CASE HISTORY 09/29/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: DERELICT VEHICLES, TRAILERS, TIRES, AUTOMOBILE PARTS AND OTHER MISC. DEBRIS. 10/30/2009 Phone Call CALLED DEBBIE FLORES. WE HAD AN ON-SITE INSPECTION SCHEDULED FOR OCTOBER 29, 2009 HOWEVER BECAUSE OF SNOW THE OFFICE WAS CLOSED FOR THE DAY. I CALLED TO RESCHEDULE. AFTER SPEAKING WITH DEBBIE SHE SAID HER HUSBAND FELT HE KNEW WHAT HE NEEDED TO DO. HE WAS GOING TO BE REMOVING SOME OF THE VEHICLES AND PUTTING UP A 6 FT. PRIVACY FENCE AROUND THE REST OF THE ITEMS. SHE SAID SHE WOULD CALL WITH ANY OTHER QUESTIONS OR UPDATES. 01/18/2010 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: SEVERAL DERELICT VEHICLES AND AUTOMOBILE PARTS. 14...HiIL?, WELD COUNTY PLANNING DEPARTMENT Ann Sin Co mpliance Compliance Officer 918 10th St g C Greeley, CO 80631 Phone:9: 90 304-649100 x3566 FAX:970-304-6498 y� /^� /� �^y� E-Mail: asiron@co.weld.co.us COLORADO January 26, 2010 FLORES ORALIA 2241 W 49 ST EVANS, CO 80620 Case: ZCV09-00300 Legal Description: FL1-2 L2 BLK1 FLOREZ (AKA FLORES) SUB 2241 W 49 ST WELD 80634 Dear FLORES ORALIA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 02/09/2010 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. 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. 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 ADJCAENT properties and public rights-of-way. Page 1 of 2 tvoThip . WELD COUNTY PLANNING DEPARTMENT Ann Siron Zo ning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:E-Mai l: asiron@co.weld.co.us 7 s COLORADO JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 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. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, TRAILERS, TIRES, AUTOMOBILE PARTS AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED, RESTORED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY. SHOULD THE PROPERTY BE BROUGHT INTO COMPLIANCE PRIOR TO FEBRUARY 8, 2010 THIS CASE WILL BE REMOVED FROM THE DOCKET; OTHERWISE, HEARINGS WILL CONTINUE AS SCHEDULED. 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 action 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. Sincer Ann Siron Zoning Complian fficer pc: ZCV09-00300 Page 2 of 2 i'� + WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St wing C Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:970-304-6498 E-Mail:asiron@co.weld.co.us COLORADO October 14, 2009 FLORES ORALIA 2241 W 49 ST EVANS, CO 80620 Case: ZCV09-00300 Legal Description: FL1-2 L2 BLK1 FLOREZ (AKA FLORES) SUB 2241 W 49 ST WELD 80634 Dear: FLORES ORALIA 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. 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. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to Page 1 of 2 arf3/444\pt \He, WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St !gig Greeley, CO 80631 Phone 970-353-6100 x3566 FAX; 970-304-6498 • E-Mail:asiron@co.weld.co.us d.co.Us COLORADO make them unusable in their existing condition. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other mateirals 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. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES. TRAILERS, TIRES, AUTOMOBILE PARTS AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED, RESTORED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY. 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 11/16/2009, 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 to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, 0_0(3;taiv0 Ann Siron Zoning Compliance Officer pc: ZCV09-00300 Page 2 of 2 Kit f WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 0-304-6498 E-Mail: on@co.weld.co.us COLORADO October 01, 2009 FLORES ORALIA 2241 W 49 ST EVANS, CO 80620 Case: ZCV09-00300 Legal Description: FL1-2 L2 BLK1 FLOREZ (AKA FLORES) SUB 2241 W 49 ST WELD 80634 Dear FLORES ORALIA: 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, TRAILERS, TIRES, AUTOMOBILE PARTS AND OTHER MISCELLANEOUS DEBRIS. 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. 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, CAti'l (,tom Ann Siron Zoning Compliance Officer pc: ZCV09-00300 Page 1 of 1 DEPARTMENT OF PLANNING SERVICES give Code Compliance Division 918 10'h Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: 'WA/0g -Qa3CCD '� tl7�ZONING CODE COMPLAINT E StatUName: ❑ Citizen ❑ Oth y,�� 7g HEALTH DEPARTMENT Citizen's Name(If known)_ ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known) ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS ,q Date Complaint was received: -1/,"a�J-v / Pending Case #(i.e. USR, RE. SE. ect...): /� Legal Description: Lai N� I VEN-CL. Parcel H: ll"I(0I�,� -3- 113'(Y)a Violation Address: 22141 LA.. A4 T St. tuc*.n5 C(7 0le� _ Property Owners Name: oral II a p'LbrL s Phone: Property Owners Address: Tenants Name: Phone: Tenant's Address: NATURE OF • COMPLAINT: Okra M- uth a Eles tii Iers, *late a.ukomolo��_�e�t� Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0305295 Parcel#: 096130303002 • Tax Area: 0641 Bordering County: Acres: 0.7833 Township Range Section Quart. Sec. SubdivisonName Block# Lot# 05 - 65 - 30 - 3 FLORES - 1 - 2 Owners Name &Address: Property Address: FLORES ORALIA Street: 2241 W 49 ST WELD 2241 W 49 ST City: WELD EVANS, CO 80620 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description FL1-2 L2 BLK1 FLOREZ (AKA FLORES) SUB 2241 W 49 ST WELD 80634 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Site Land Subtotal: $30,000 $2,390 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $74,312 $5,920 Total Property Value $104,312 $8,310 Building Details Account#: R0305295 Parcel#: 096130303002 Owners Name &Address: Property Address: FLORES ORALIA Street: 2241 W 49 ST WELD 2241 W 49 ST City: WELD EVANS, CO 80620 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1986 Exterior: Frame Hardboard HVAC: Forced Air http://maps2.merrick.com/Website/Weld/setSq I.asp?cmd=QUERY&DET=PP&pin=09613... 10/1/2009 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1696 # of Baths: 2 Roof Type: # of Bdrms: 4 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 7 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=09613... 10/1/2009 ' 't�C4� *� ' i..p- ° a. * €. 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