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Home My WebLink About20100719.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ANDREA GARCIA 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, Andrea Garcia, ZCV #0900365, 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 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, Andrea Garcia, 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 July 13, 2010, to allow adequate time for the property owner to bring the subject property into compliance by coordinating with resources to assist her in cleaning up the 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#0900365 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Andrea Garcia 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 July 13, 2010, to allow adequate time for the property owner to bring the subject property into compliance by coordinating with resources to assist her in cleaning up the property and for an inspection of the property by the Department of Planning Services staff. �e ,L? Pot. 2010-0719 • `�/✓�A0/v PL0824 VIOLATIONS -ZCV#0900365 —ANDREA GARCIA 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 y ' I / ELD CO COLORADO ATTEST: ' 'L''9 '' 1861 •• as Rade Cher, Chair Wel ounty Clerk to the Bo-i w OX 4 1 USED ' 4 st bara Kirkmeyer, Pro-Tem De y Clerk t• the Board l c J Sean APP A M: ley"/!/\. Wi F. Garcia y Attorney O4Citi David E. Long Date of signature: 141`a(0116 2010-0719 PL0824 Violation Summary Report BASIC INFORMATION GARCIA DONACIANO ANDRES &ANDREA 408 11TH AVEGREELEY, CO 80631 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV09-00365 Situs Address: 1519 N 25TH AVCT Legal: 18053 L13 ESPANOLA SUB NW4NE4 36 6 66 SITUS: 1519 N 25 AVCT WELD 80631 Location: Location West of and adjacent to 25th Ave Ct and directly North of O Street in the Espanola subdivision North Agriculture and R-1 zone districts South Agriculture and 1-3 zone districts East Agriculture and 1-3 zone districts West Agriculture and R-1 zone districts Parcel Number: 080536102024-R1386486 Acreage: 0.09 Certified Mail Date: 03/22/2010 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. 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. 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. SCREENED: Construction and maintenance of fences, earth berms or the USE of 2010-0719 Violation Summary Report 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. REMEDY THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, CAMPER/TRAILERS, AUTOMOBILE PARTS AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED, RESTORED, OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorneys office for immediate legal action. LETTER HISTORY 12/17/2009 Complaint Validated 12/21/2009 LTTR: 5 Day Letter 01/06/2010 LTTR: Violation Notice 03/22/2010 LTTR: Hearing Notification OTHER CASE HISTORY C1 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 March 22, 2010 GARCIA DONACIANO ANDRES &ANDREA 408 11TH AVE GREELEY, CO 80631 Case: ZCV09-00365 Legal Description: 18053 L13 ESPANOLA SUB NW4NE4 36 6 66 SITUS: 1519 N 25 AVCT WELD 80631 Dear GARCIA DONACIANO ANDRES &ANDREA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 04/13/2010 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. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used Page 1 of 2 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 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. 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. 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, CAMPER/TRAILERS, 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 APRIL 12, 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 Page 1 of 2 4$4 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 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 .0.4a Ann Siron Zoning Compliance Officer pc: ZCV09-00365 Page 1 of 2 c� WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 Tenth Street Greeley, CO 80631 C Phone: 970-353-6100 x3566 • FAX: 970-304-6498 • E-Mail:asiron@co.weld.co.us COLORADO January 06, 2010 GARCIA DONACIANO ANDRES &ANDREA 408 11TH AVE GREELEY, CO 80631 Case: ZCV09-00365 Legal Description: 18053 L13 ESPANOLA SUB NW4NE4 36 6 66 SITUS: 1519 N 25 AVCT WELD 80631 Dear: GARCIA DONACIANO ANDRES &ANDREA 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; Page 1 of 2 (tit ‘c., WELD COUNTY PLANNING DEPARTMENT Ann Sin C Zoning Compliance Officer ' 918 Tenth Street Greeley, CO 80631 O Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us COLORADO 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, CAMPER/TRAILERS, 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 02/08/2010, 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 Compliance Officer pc: ZCV09-00365 Page 2 of 2 rat {} WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 Tenth Street Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:970-304-6498 QE-Mail: asiron@co.weld.co.us COLORADO December 21, 2009 GARCIA DONACIANO ANDRES &ANDREA 408 11TH AVE GREELEY, CO 80631 Case: ZCV09-00365 Legal Description: 18053 L13 ESPANOLA SUB NW4NE4 36 6 66 SITUS: 1519 N 25 AVCT WELD 80631 Dear GARCIA DONACIANO ANDRES & ANDREA: 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, CAMPER/TRAILERS, 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. 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 substantailly 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 euqipment 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, • CeAt ) Page 1 of 2 (710(ttis WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer Tenth C 918 Tenth Street Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 0-304-6498 E-Mail: asiron@co.weld.co.us COLORADO Ann Siron Zoning Compliance Officer pc: ZCV09-00365 Page 2 of 2 164111 DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division e918 10th Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 -�t�4 7 r Fax: (970) 304-6498 COLORADO m '\ ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: Z�vcs—� icS ZONING CODE COMPLAINT 0 Staff/Name: B�Crtizen 0 Other 0 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 11 Date Complaint was received: I p- - 11 -CPI Pending Case#(i.e. USA. RE, SE, ect...): y, " � Legal Description:L13,?- a.. ,a�/1't.bnNi4t4*F1 ?kc-lo-lolo Parcel #: OSCG -2[-- \-O -o -4 Violation Address: l 5l9 � ae (,;t,.0 f t, (-icetlGV 0c) --40(..e6\. 1 Property Owners Name: Thrall tMD 1. ,l.nrUl-AGC�ctA_Ok1/4._ Phone: Property Owners Address: LAN) uth au e , Gal'_tE4 CC t?O tp3j Tenant's Name: Phone: Tenants Address: NATURE OF COMPLAINT: Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1386486 Parcel#: 080536102024 Tax Area:0604 Bordering County: Acres: 0.0918 Township Range Section_Quart.Sec. SubdivisonName Block#_lot# 06 - 66- 36 - 1 ESPANOLA- - 13 Owners Name&Address; property Address: GARCIA DONACIANO ANDRES & Street: 1519 N 25 AVCT WELD 408 11TH AVE City: WELD GREELEY, CO 80631 Additional_Owners: GARCIA ANDREA Business/Complex: Sales Summary Sale Date Sale.Price Deed Type Reception.# $0 Legal Description 18053 L13 ESPANOLA SUB NW4NE4 36 6 66 SITUS: 1519 N 25 AVCT WELD 80631 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Site Land Subtotal: $15,000 $1,190 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $28,172 $2,240 Total Property Value $43,172 $3,430 Building Details Account#: R1386486 Parcel#: 080536102024 Owners Name&Address: Property_Address: GARCIA DONACIANO ANDRES & Street: 1519 N 25 AVCT WELD 408 11TH AVE City: WELD GREELEY, CO 80631 Building# Property Type 1 Residential Individual Built As Detail httn•//manc7 merrick.com/Wehsite/Weld/setSal.asn?cmd=OUERY&DET=PP&pin=0805... 12/17/2009 Identify Results Page 2 of 2 Built As: Ranch 1 Story Year Built: 1923 Exterior: Frame Hardboard HVAC: None Interior Finish: Drywall Built As SQ Ft 814 # of Baths: 1 Roof Type: # of Bdrms: 1 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: httn•//manc2_merri ck.com/Website/Weld/setSa l.aso?cmd=OUERY&DET=PP&pin=0805... 12/17/2009 Gmtoduf Nub"' 1 , ' 4 5q6 -2A 57z (c) i f I I I I I I I il ii II I I I H_Lc Pi f IN H15Z N ---.,� i f I i I � I I II I I ffr I I 1/ I .LcWW i I I 1 E;7: 1 KMN I _____J:L —I I 1 Ill / III W II 1 C u z in co ix or ct NQ O I I 1 C I I I I 1 I I I I I I I i / f h , 0 r. 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