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Home My WebLink About20100301 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CONSTANCE AND FRANK MARZANO 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, Constance and Frank Marzano, ZCV #0900348, 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 9th day of February, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Constance and Frank Marzano, property owners, were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, 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 March 9, 2010, in order to allow adequate time for the property owners to remove the derelict vehicle from the property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#0900348 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Constance and Frank Marzano 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 March 9, 2010, in order to allow adequate time for the property owners to remove the derelict vehicle from the property. 2010-0301 PL0824 C� ; rL 6/i c'-/i /7 VIOLATIONS - BCV#0900348- CONSTANCE AND FRANK MARZANO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of February, A.D., 2010. BOARD OF COUNTY COMMISSIONERS E La WELD COUNTY, COLORADO ATTEST: m. *!ougl. s Radem.cher, Chair Weld County Clerk to the Board, I XCUSED ): Barbara Kirkmeyer, Pro-Tern LVI BY: ( I ��Cz�1�L D ty Cler to the Board � S�� „ci) Sean P.P. Con ay APPROVED7AS T - Y William F. Garcia y Attorney EXCUSED David E. Long Date of signature: 3 I D 2010-0301 PL0824 Violation Summary Report BASIC INFORMATION MARZANO CONSTANCE 43 MARCY LN MIDDLETOWN, NY 10941 Tenant: FRANK MARZANO 4227 W SHENNANDOAH ST GREELEY, CO 80634 Compliance Officer: Ann Siron Violation Number: ZCV09-00348 Situs Address: 4227 W SHENANDOAH ST Legal: 4WHP L15 BLK1 WEST HILL-N-PARK 4TH SITUS: 4227 W SHENANDOAH WELD 0 Location: Location North of and adjacent to 49th Street and East of and adjacent to 47th Avenue North Evans city limits, some Agriculture and Estate zone districts South Evans city limits, some Agriculture and Estate zone districts East Evans city limits, some Agriculture zone districts West Evans city limits, some Agriculture and Estate zone districts Parcel Number: 095926329015-R7093998 Acreage: 0.16 Certified Mail Date: 01/13/2010 Currently the property is in violation of: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-100 Intent. 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. 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. 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 conditon. REMEDY 2010-0301 Violation Summary Report THE DERELICT VEHICLE SHALL MAINTAIN CURRENT REGISTRATION AND REMAIN IN RUNNING CONDITION AT ALL TIMES OR BE REMOVED FROM THE PROPERTY. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office but delay legal action for 30 days. LETTER HISTORY 12/15/2009 Complaint Validated 12/15/2009 LTTR: 5 Day Letter 12/23/2009 LTTR: Violation Notice 01/13/2010 LTTR: Hearing Notification OTHER CASE HISTORY 12/15/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: DERELICT BLUE PONTIAC WITH EXPIRED TAGS. 01/13/2010 Phone Call RECEIVED A PHONE CALL FROM FRANK MARZANO. HE SAID HE IS HAVING A DIFFICULT TIME TRYING TO FIND SOMEONE TO HAUL HIS CAR OFF FOR HIM. HE DIDN"T THINK HE WOULD MAKE THE DEADLINE. I TOLD HIM I WOULD GO AHEAD AND SCHEDULE HIM INTO FEBRUARY"S VIOLATION HEARINGS AND IF HE COULD NOT BRING THE PROPERTY INTO COMPLIANCE BY THEN HE COULD ASK FOR A 30 DAY EXTENSION FROM THE BOARD. HE SAID THAT WOULD WORK. hiDe COLORADO • WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 Tenth Street Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:970-304-6498 E-Mail: asiron@co.weld.co.us January 13, 2010 MARZANO CONSTANCE 43 MARCY LN MIDDLETOWN, NY 10941 MARZANO FRANK 4227 W SHENANDOAH ST GREELEY, CO 80634 Case: ZCV09-00348 Legal Description: 4WHP L15 BLK1 WEST HILL-N-PARK 4TH SITUS: 4227 W SHENANDOAH WELD 0 Dear MARZANO CONSTANCE: 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 2 Residential Zone Districts 23-3-100 Intent. 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. Page 1 of 2 "nig(pittzi;\\ COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 Tenth Street Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail: asiron@co.weld.co.us 23-3-150.C. Accessory Uses. 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. 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 conditon. To bring your property into compliance with the Weld County Code: THE DERELICT VEHICLE SHALL MAINTAIN CURRENT REGISTRATION AND REMAIN IN RUNNING CONDITION AT ALL TIMES OR BE REMOVED FROM THE PROPERTY. AS DISCUSSED DURING A PHONE CONVERSATION WITH FRANK MARZANO ON JANUARY 14, 2010, ANY EXTENSIONS NEEDED SHALL BE REQUESTED TO THE BOARD OF COUNTYCOMMISSIONERS THROUGH A VIOLATION HEARING. IF AT ANY POINT PRIOR TO FEBRUARY 8 2010, THE PROPERTY IS BROUGHT INTO COMPLIANCE, PLEASE CALL ME FOR AN INSPECTION TO CLOSE THE VIOLATION AND REMOVE THIS CASE FROM THE DOCKET. 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. Page 1 of 2 C COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 Tenth Street Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:970-304-6498 E-Mail: asiron@co.weld.co.us 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. Sincere,, • Ann Slfon Zoning Compliance Officer pc: ZCV09-00348 cc: Constance Marzano Frank Marzano Page 1 of 2 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sign. ure item 4 if Restricted Delivery is desired. c El Agent • Print your name a and address on the reverse X ❑Addressee so that we can return the card to you. B. Reed by "nted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, t-or on the front if space permits. - � O..r-1��'t, D. Is delive aga;1601%61A 1. Article Addressed to: If YES, ter dde )Idv1FFIl'LINo t* 2 17010 1111Cd�lle � ,��, 'N\1 IC 1 1I 3. Service-ye!,. - - NCertfied Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise C Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 1160 0001 4539 4356 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 rat (:‘-‘ COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 Tenth Street Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:970-304-6498 E-Mail:asiron@co.weld.co.us December 23, 2009 MARZANO CONSTANCE 43 MARCY LN MIDDLETOWN, NY 10941 CURRENT OCCUPANT 4227 W SHENANDOAH ST GREELEY, CO 80634 Case: ZCV09-00348 Legal Description: 4WHP L15 BLK1 WEST HILL-N-PARK 4TH SITUS: 4227 W SHENANDOAH WELD 0 Dear: MARZANO CONSTANCE : 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.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. 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 Page 1 of 2 WIiDc. COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 Tenth Street Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us 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. To bring your property into compliance with the Weld County Code: THE DERELICT VEHICLE SHALL MAINTAIN CURRENT REGISTRATION AND REMAIN IN RUNNING CONDITION AT ALL TIMES OR 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 01/25/2010, 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, � Ann Siron Zoning Com ce Officer pc: ZCV09-00348 Page 1 of 2 c COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 Tenth Street Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:970-304-6498 E-Mail: asiron@co.weld.co.us December 15, 2009 (o £,c-kC-lt . • MARZANO CONSTANCE 7 l)• ler�Yc�� 43 MARCY LN Uid ihrt e 3L/ MIDDLETOWN, NY 10941 (} Case: ZCV09-00348 Legal Description: 4WHP L15 BLK1 WEST HILL-N-PARK 4TH SITUS: 4227 W SHENANDOAH WELD 0 Dear MARZANO CONSTANCE: 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 DERELICT VEHICLE (BLUE DERELICT PONTIAC WITH EXPIRED TAGS.) 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. 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, Page 1 of 1 wimp arrh COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 Tenth Street Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail: asiron@co.weld.co.us Ann Siron Zoning Compliance Officer pc: ZCV09-00348 Page 1 of 1 DEPARTMENT OF PLANNING SERVICES Code Compliance Division C 918 101h Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS n Complaint Initiated by: ZCV0 1 -003'-4� EK ZONING CODE COMPLAINT 0 Staff/Name 0 Citizen 0 Oilier: _ ❑ HEALTH DEPARTMENT Citizens Name(If knownr ❑ WELD COUNTY SHERIFF'S OFFICE. ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST& WEEDS i Date Complaint was received: / - 15 -69 Pending Case#(i.e. USR, RE, SE, ca...): Legal Description: 1-1 , gI II (,�, M N-N-aLK- Parcel #: 096q-ai°-3- -0)9.015 Violation Address: 4' 7 CO. SherflandOCA Property Owners Name: &,�rts7l`i{2L�C. G�y/'� -//_"/k} _ Phone: Property Owners Address: `J3 // /i�,/n � i f. 1 d & L,L,11 AN /09V/ Tenant's Name: Phone: Tenant's Address: NATURE OF � COMPLAINT: Q� Additional Notes: Identify Results rage 1 O1 L WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7093998 Parcel#: 095926329015 {TiWYSf+WfT]@HM16YL4M"i T.TT.2HSC.Gtr.❖L34is:elCwvu,kF.OQ11R6L0t12 1 Tax Area: 2820 Bordering County: Acres: 0.16 Township Range Section Quart. Sec. Subdivison Name Block#_Lot# 05 -66 - 26 - 3 WEST HILL N PARK 4TH FG- 1 - 15 n::-.�.^rsarxtxarrtr:ww�e�wwrticmacsa�.-new..u:.ma...sr.urw:u.u:!xzpw>rtt+xt:rasa;srvwr�.rrnn�camraunyr«r-aaer�[H;mo.rrt�m.-• -�av�sewa�sx:�;e;m;,axcrouan•:�rrx• Owners Name&Address: Property Address: MARZANO CONSTANCE Street:4227 W SHENANDOAH WELD 43 MARCY LN City:WELD MIDDLETOWN, NY 10941 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception 8/21/2007 $89,300 BSD 3503898 Leal Description 4WHP L15 BLK1 WEST HILL-N-PARK 4TH SITUS: 4227 W SHENANDOAH WELD 0 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Site Land Subtotal: $22,000 $1,750 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $69,978 $5,570 Total Property Value $91,978 $7,320 Buildirig Details Account#: R7093998 Parcel#: 095926329015 Owners Name&Address: Property Address: MARZANO CONSTANCE Street:4227 W SHENANDOAH WELD 43 MARCY LN City: WELD MIDDLETOWN, NY 10941 Building# _Property_Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1998 Exterior: Frame Hardboard HVAC: Forced Air http://maps2.merrick.com/Website/Vv eld/setSgl.asp?cmd=QUERY&DET=PP&pin=0959... 12/15/2009 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1080 # of Baths: 1 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 6 Units: 0 Garage: Attached SQ Ft: 264 Detached SQ Ft: 0 Basement: Total SQ Ft: 1080 Finished SQ Ft: 0 http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0959... 12/15/2009 II ■ L 7.----------T-- 1 _ If \etc. 1 1 i . 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