HomeMy WebLinkAbout20100714.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST BENJAMIN TREJO AND BENJAMIN TREJO SIGALA, SR. 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, Benjamin Trejo and Benjamin Trejo Sigala, Sr., BCV#0900108 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 13th day of April, 2010, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Benjamin Trejo, 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 an instruction for delay of action upon such
referral until May 13, 2010, in order to allow adequate time for the property owners to remove a
portion of the structure to meet the setback requirements 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 BCV#0900108 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Benjamin Trejo and Benjamin Trejo Sigala, Sr.,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 13, 2010, to allow adequate time for the
property owners to remove a portion of the structure to meet the setback requirements and for an
inspection of the property by the Department of Planning Services staff.
['e. r / U/OL Jr ' 20 PL0824
VIOLATIONS - BCV#0900108 - BENJAMIN TREJO AND BENJAMIN TREJO SIGALA, SR.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of April, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ugla s�f�99tad e a e�C= li�`.a.L
r, Chair
Wel County Clerk to the Bo- i i
USED
. :$pfbara Kirkmeyer, Pro-Tem
BYE / '
De y Clerk o the Board r / ,
Sean P. C
APP D M:
r C&
f� unty orney
/ , f David E. Long
Date of signature: N2(ritb
2010-0714
PL0824
Violation Summary Report
BASIC INFORMATION
TREJO BENJAMIN & 15810 DALE AVE FORT LUPTON, CO 80621-4462
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV09-00108
Situs Address: 15810 DALE AV
Legal: AR14-4 L3 BLK14 ARISTOCRAT RANCHETTES INC SITUS: 15810
DALE AV WELD 80621
Location: Location Between County Roads 16 and 18, East of County Road
31
North Agricultural properties
South Agricultural properties
East Agricultural properties
West Agricultural properties
Parcel Number: 130927110008-R5201086 Acreage: 1.00
Certified Mail Date: 03/01/2010
Currently the property is in violation of:
29-3-160"Zoning compliance."
REMEDY
The wood frame lean-to shall be demolished or moved to meet the required setbacks.
RECOMMENDATION
Staff recommends this case be referred to the County Attorney for immediate action as the owner has
been informed of the violation and has not responded.
LETTER HISTORY
10/02/2009 Complaint Received
10/07/2009 Complaint Validated
10/07/2009 LTTR: Violation Notice
01/20/2010 LTTR: Other Letter
03/01/2010 LTTR: Hearing Notification
OTHER CASE HISTORY
10/06/2009 Property Inspected Unable to access property-fenced, gated, and beware
of dog. Observation over fence reveals the appearance
of some newer loafing sheds. Not able to fully determine
without access. Picture taken and e-mailed to Peggy.
10/13/2009 Phone Call Phone call from someone who speaks very little English.
I explained that they need to submit a building permit
application, recorded deed, and building plans. She
seemed to understand.
10/19/2009 Office Visit Rosa (720-226-1174) and two men were in to submit a
permit application for an addition. They did not have all
the information required so will complete the permit
application and bring in all the information by 10/26/09.
2010-0714
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO 80631
lug Website: www.co.weld.co.us
E-mail Address: pgr 353-6100, Ext. o.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
ci ,,,
COLORADO
March 1, 2010
BENJAMIN TREJO and BENJAMIN TREJO SIGALA SR
15810 DALE AV
FORT LUPTON CO 80621
Subject: BCV09-00108, Lot 3, Block 14, Aristocrat Ranchettes, Weld County,.Colorado
Dear Property Owners:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on April 13, 2010, at 10:00 a.m., to consider the violations. The
property remains in violation of the following Sections of the Weld County Code:
Section 23 Article III Division I -A (Agricultural)Zone District
Section 23-3-20 "Uses allowed by right,"
Section 23-3-30 "Accessory uses."
Section 23-3-50 "Bulk requirements." c .v •
Section 23-3-50.C "Minimum offset."
Section 29-3-160 "Zoning Compliance.""
To bring your property into compliance:
The wood frame lean-to shall be demolished or moved to meet the required offset.
This meeting 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 at this meeting to answer any questions the Board of County Commissioners might have
regarding the violation.
•b
page 2
I
The Department of Building Inspection will be recommending that the Board of County'Comrrfissioners
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, the action necessary to correct the violation, and that you
were given sufficient time to remedy the violation. If you have any questions concerning this matter, please
contact me at the above address, telephone number or e-mail address.
sly, U.S. Postal Service,,
CERTIFIED MAIL, RECEIPT
O (Domestic Mail Only;No Insurance Coverage Provided)
r-a
Peggy regory u-) For delivery information visit our website at www.usps.00m,,
Building Compliance Officer
ru
pc: BCV09-00108 Postage $
BC R09-00857 Certified Fee
Return Receipt Fee
Postmark
O (Endorsement Required) Here
O Restricted Delivery Fee
(Endorsement Required)
O
m m Total Postage&Fees $
m
Sent To
c0 Benjamin Trejo & Benjamin Trejo Sigala
O Street,Apt No.;
O or PO Box No. 15810 Dale AV
N City State,Z/P+4
Fort Lu ton CO 80621
SENDER: COMPLETE THIS SECTION • COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also comple A. Signature
item 4 if Restricted Delivery is desired. y�� y/� O Agent
• Print your name and address on the reverse EOM r1 65. Ter kc p Addressee
so that we can return the card to you. B. elved by(P' tad Name) r C. Date of De very
■ Attach this card to the back of the mailplece, B I,( �'"�e ro
or on the front if space permits. V' Z� 5-</-
1. Article Addressed to: Weld Co ra°�. } t from 1? El Yes
O• EEL O rl eery
a mss below: O No
BENJAMIN TREJO AND
BENJAMIN TREJO SIGALA SR dR 05 7(t1P
15810 DALE AV
FORT LUPTON CO 80621 R CsEA ED
(Certified Mail ❑Express Mail
❑Registered 0 Return Receipt for Merchandise
b 0 Insured Mall 0 C.O.D.
4. Restricted Delivery?(Erma Fee) 0 Yes Articl2. (Trans Number
( 7008 3230 0j 00 0473 2519
Tmnslal
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
SERVICE,TEAMWORK, INTEGRITY, QUALITY
DEPARTMENT OF PLANNING SERVICES
Kit
Building Compliance Division
918 10th Street, Greeley, CO 80631
I Website: www.co.weld.co.us
E-mail Address: pgregory@co.weld.co.us
C. Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
COLORADO
January 20, 2010
BENJAMIN TREJO
15810 DALE AV
FORT LUPTON CO 80621
Subject: BCR09-00857/BCV09-00108
Lot 3, Block 14, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. Trejo:
On November 16,2009, you submitted an application for a permit for a wood frame lean-to for a horse shelter
that has already been built. At that time, you were informed that the building did not meet the required
setbacks and would need to be moved prior to inspections being approved.
To date, this issue has not been resolved and the property remains in violation of the Weld County Code.
Failure to comply within 30 days from the date of this letter will result in proceeding with the violation process
and is subject to go before the Board of County Commissioners with written notice.
Thank you for your cooperation in this matter. Should you have any questions or if you need any further
information, please feel free to contact me at the above address, telephone number or e-mail address.
Sin ely
LaM
Peggy Gregory
Building Compliance Officer
pc: BCR09-00857
BCV09-00108
•
( DEPARTMENT OF PLANNING SERVICES
Ttt-0 0t Compliance Division
9 918 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
E-mail Address: pgreaory(a�co.weld.co.us
wiipPhone: (970) 353-6100, Ext. 3568
C. Fax: (970) 304-6498
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
October 7, 2009
BENJAMIN TREJO
15810 DALE AV
FORT LUPTON CO 80621
Subject: BCV09-00108, Lot 3, Block 14, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. Trejo:
It has been determined that the property located at 15810 Dale Avenue is currently in violation of the following Section
of the Weld County Code:
Section 29-3-10"Building permit required."
To bring your property into compliance with the Weld County Code:
Permit applications and all applicable documentation shall be submitted for the unpermitted
structures on your property, fees paid, the permit issued, and all inspections completed.
It is the intention of this office to assist and cooperate with you without imposing undue hardship; however,we have no
discretion in this matter if you fail to correct this violation within 14(fourteen)days from October 7, 2009. Failure to do
so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to
refer the case to the County Attorney's Office for legal action.
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.
Sincerely,
Peggy regoory "
Building Compliance Officer
pc: BCV09-00108
DEPARTMENT OF PLANNING SERVICES
WIlD Code Compliance Division
C
918 10'" 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:
❑ ZONING CODE COMPLAINT ❑ Staff/Name' ❑ Citizen E Other:
❑ 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
Date Complaint was received:
Pending Case#(i.e. USR,RE,Aq/ SE.
�ect.....):� y p
Legal Descriptio 4 Carat 7$ .J ota /P�arrcel#:
/309-427A/0-0 00
Violation Address:`` x/51/0 ,Ql & , . Q3° do d 062
Property Owners Name: LaC1e yOl tov 0 41.4. (/ Phone:
Property Owners Address: a:UM- 0
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: ,�4C,�(' 1 .-treSe r
ite
/6 '42q /7: 7V
Additional mo`tes: ��w �GG� e 4- - A h d 4 a h-bfrart Cif/a-P SQ--it it/ /l 17 (-4 �� Nv� 4z k h c
�,a �I, a',-, ki,.,,%Z r X/
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5201086 Parcel#: 130927110008
.A 4 wt
Tax Area: 2241 Bordering County:
Acres: 0.99
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
02 - 66 - 27 - 1 ARISTOCRAT RANCHETTES INC - 14 - 3
Owners Name &Address: Property Address:
TREJO BENJAMIN & Street: 15810 DALE AV WELD
15810 DALE AVE City: WELD
FORT LUPTON, CO 80621-4462
Additional Owners:
SIGALA BENJAMIN TREJO SR
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
9/24/2007 $165,000 WD 3506796
Legal Description
AR14-4 L3 BLK14 ARISTOCRAT RANCHETTES INC SITUS: 15810 DALE AV WELD 80621
Land Valuation Summary
Unit of Number of Assessed
Land Type Abst Code Measure Units Actual Value Value
Residential 1135 Site
Land Subtotal: $35,000 $2,790
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
2 Residential
3 Out Building
Improvements Subtotal: $66,282 $5,280
Total Property Value $101,282 $8,070
Building Details
Account#: R5201086 Parcel#: 130927110008
Owners Name &Address: Property Address:
TREJO BENJAMIN & Street: 15810 DALE AV WELD
15810 DALE AVE City: WELD
FORT LUPTON, CO 80621-4462
Building# Property Type
2 Residential
Into://mans2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 9/21/2009
Identify Results Page 2 of 2
Individual Built As Detail
Built As: Modular Year Built: 1999
Exterior: Frame Hardboard HVAC: Forced Air
Interior Finish: Drywall Built As SQ Ft: 1232
# of Baths: 2 Roof Type: Gable
# of Bdrms: 3 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 6 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R5201086 Parcel#: 130927110008
Owners Name &Address: Property Address:
TREJO BENJAMIN & Street: 15810 DALE AV WELD
15810 DALE AVE City: WELD
FORT LUPTON, CO 80621-4462
Building# Property Type
3 Out Building
Individual Built As Detail
Built As: Shed -Cattle Year Built: 2001
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 312
# of Baths: 0 Roof Type: Shed
# 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:
httn://mans2.men-ick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=P P&pin=13092... 9/21/2009
eRecorded in Weld C /,CO Doc Id:3506796
09/26/2007 09:52 A Receipt#: 7323967
Page:1 of 1 Total Fee:$22.50
Steve Moreno, Clerk and Recorder
Benjamin Trejo
15810 On Ale ✓
,-
CO srroal
WARRANTY DEED
THIS DEED,Made on September 24,2007 between
George E Clark✓ -
of the County of Weld,State of Colorado,grantor(s),and
Benjamin Trejo and Benjamin Trejo Sigala Sr.••••'
whose legal address is 15810 Dale Avenue
Fort Lupton,CO 80621
of the County of Weld,State of Colorado,grantee(s):
WITNESS,That the grantors)}for and in consideration of the sum of One Hundred Sixty Five Thousand
and 00/100 DOLLARS($165,000.00)/the receipt and sufficiency of which are hereby acknowledged,have
granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell,convey and confirm unto
the grantee(s),AS JOINT TENANTS,their heirs and assigns forever,all the real property,together with
Improvements,If any,situate,lying and being in the County of Weld and State of Colorado,described as follows:
Lot 3,Block 14,
Aristocrat Ranchettes Inc.Subdivision,✓ ii3C.1'-l(-9(Q
County of Weld,State of Colorado
as known by street and numbers: 15810 Dale Avenue,Fort Lupton.CO 80621
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or In
anywise appertaining and the reversion and reversions,remainder and remainders,rents,Issues and profits
thereof,and all the estate,right,title,interest,claim and demand whatsoever of The grantor(s),either in law or
equity,of,in and to the above bargained premises,with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,
unto the grantee(s),Their heirs and assigns forever.And the grantor(s),for themselves,their heirs,and personal
representatives,do covenant,grant,bargain,and agree to and with the grantee(s),their heirs and assigns,that at
the time of the ensealing and delivery of the presents,they are well seized of The premises above conveyed,had
good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and have good right,full
power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the
same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,
encumbrances and restrictions of whatever kind or nature soever,except
for general taxes and assessments for the year 2007 and subsequent years;and subject to easements,
covenants,reservations,restrictions and rights of way of record.
The grantor(s)shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable possession of the grantee(s),their heirs and assigns,against al and every person or
persons lawfully claiming the whole of any part thereof. Wherever used herein,the plural references shall be
construed to be singular references end singular references shall be construed to be plural references where the
context requires and all references of gender and person shall be construed to refer to the grantor or grantors
identified herein regardless of the context.
IN WITNESS WHEREOF,the grantors)have executed this de the set forth abov
• rge E.Clark
STATE OF COLORADO
SS.
COUNTY OF BOULDER
The fore ing instrument was acknowledged before me this a C ^ day of SCP�teri1 U1
lef-
?6O� by George E.Clark.
Witness m hand and official seal.
costsA My cam r i :ion expires 3'17- '4(
OTARY
34100-07-01076 LG Notary Pu
pUBLLD
recc
No.921A.Rev.10-97 Want*?Deed(To Joint Tenants)
NORTH AMERICAN TITLE COMPANY OF COLORADO
52100070.2031 Rev.11/954
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