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HomeMy WebLinkAbout20100718.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION BCV#0900357 AGAINST ERAMIDA ZAMORA 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, Eramida Zamora, BCV#0900357, 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, Eramida Zamora was 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 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,that the Weld County Attorney be, and hereby is,authorized to proceed with legal action against Eramida Zamora 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. .//�� 2010-0718 C'C'/ /4 a/OL //�D/D PL0824 VIOLATIONS - BCV#0900357- ERAMIDA ZAMORA 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 ELD COU ^ ORADOO �///� 1 ATTEST: moo_ 194 Rade c er, Chair Weld County Clerk to the Boat 4K:1/4112 . pUSED 1rbara Kirkmeyer, Pro-Tern Dept Clerk o he Board v Sean nway AP V D M: ai . °eel ounty Attorney O4 David E. Long Date of signature: q 21c t io 2010-0718 PL0824 Violation Summary Report BASIC INFORMATION ZAMORA ERAMIDA L 3814 YOSEMITE ST GREELEY, CO 80634 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV09-00357 Situs Address: 3814 YOSEMITE DR Legal: HP7-9 L9 BLK7 HILL-N-PARK SUB SITUS: 3814 YOSEMITE ST WELD Location: Location North of and adjacent to 49th Street and East of and adjacent to 47th Avenue in the subdivision of Hill-N-Park. 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: 095926401007-R2687586 Acreage: 0.24 Certified Mail Date: 03/02/2010 Currently the property is in violation of: 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. 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 registerd 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. REMEDY THE NONCOMMERCIAL JUNKYARD CONSISTING OF AUTOMOBILE/TRACTOR-TRAILER PARTS AND DEBRIS SHALL BE REMOVED FROM THE PROPERTY. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attnrnav'c office for immediate legal action. 2010-0718 Violation Summary Report LETTER HISTORY 12/15/2009 Complaint Validated 12/15/2009 LTTR: 5 Day Letter 12/23/2009 LTTR: Violation Notice 03/02/2010 LTTR: Hearing Notification OTHER CASE HISTORY 12/15/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: AUTOMOBILE PARTS (SCRAP PIECES FROM SEMI TRACTORS) 03/01/2010 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: SEMI/AUTOMOBILE PARTS ON THE BACK END OF THE PROPERTY. Allfira";1A 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 02, 2010 ZAMORA ERAMIDA L 3814 YOSEMITE ST GREELEY, CO 80634 Case: ZCV09-00357 Legal Description: HP7-9 L9 BLK7 HILL-N-PARK SUB SITUS: 3814 YOSEMITE ST WELD Dear ZAMORA ERAMIDA L: 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 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. 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 Page 1 of 2 (sr. , 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 registerd 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. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF AUTOMOBILE/TRACTOR-TRAILER PARTS AND DEBRIS SHALL BE REMOVED FROM THE PROPERTY. SHOULD THE PROPERTY BE BROUGHT INTO COMPLIANCE PRIOR TO APRIL 12, 2010 THIS CASE WILL BE REMOVED FROM THE DOCKET AND CLOSED; 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 C Zoning Co ' nce Officer pc: ZCV09-00357 Page 1 of 2 (liff 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-Maitasiron@co.weld.co.us COLORADO December 23, 2009 ZAMORA ERAMIDA L 3814 YOSEMITE ST GREELEY, CO 80634 Case: ZCV09-00357 Legal Description: HP7-9 L9 BLK7 HILL-N-PARK SUB SITUS: 3814 YOSEMITE ST WELD Dear: ZAMORA ERAMIDA L : 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. 23-3-150.6 Uses Allowed by Right. 23-3-150.C. Accessory Uses. 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. To bring your property into compliance with the Weld County Code: THE AUTOMOBILE PARTS AND DEBRIS SHALL BE REMOVED FROM THE PROPERTY. Page 1 of 2 i WELD COUNTY PLANNING DEPARTMENT 14744 Ann Sin C Zoning Compliance Officer 1 918 Tenth Street p C Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 70-304-6498 E-Mail:asiron@co.weld.co.us COLORADO 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 Compliance Officer pc: ZCV09-00357 Page 2 of 2 4IrN WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer Te nth Tenth Street Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 4-6498 E-Mail: on@co.weld co.us COLORADO December 15, 2009 ZAMORA ERAMIDA L 3814 YOSEMITE ST GREELEY, CO 80634 Case: ZCV09-00357 Legal Description: HP7-9 L9 BLK7 HILL-N-PARK SUB SITUS: 3814 YOSEMITE ST WELD Dear ZAMORA ERAMIDA L: 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 AUTOMOBILE PARTS (WHAT APPEARS TO BE SCRAPS FROM TRACTOR TRAILERS) ON BACK END OF 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, Ann iroi n Zoning Compliance Officer pc: ZCV09-00357 Page 1 of 1 DEPARTMENT OF PLANNING SERVICES 11I Code Compliance Division 918 10`" Street, Greeley, CO 80631 C Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO - ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: t .-'JM -00361 C' ZONING CODE COMPLAINT E Stan/Name ❑ Citizen ❑ 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 a Date Complaint was received: f -65-09 Pending Case# (i.e. / Legal Description: L-(, B/K7 , 1 tU-Al't k. Parcel^ #: 6969-;(iy-�-CI-007 ,_Violation Address: Z/Li tJ(}4-.Cfit 4t S . (7("J 1Q(p cfQ�V Property Owners Name: 4 Zan:4 _ Phone: Property Owners Address: Tenant's Name: Phone: Tenant's Address: • NATURE OF/��(�,, � �y �,, ' / COMPLAINT: �)! t t ci---162-fil oe-JGLa y2 LLC &h o / .n -1 nerts&-e-r C / p4G c-CT`s atin...ZL.d 11 Additional Notes: Identify Results Page 1 01 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2687586 Parcel#: 095926401007 Tax Area: 2820 Bordering County: Acres: 0.2521 Township Range Section Quart.Sec. Subdivison Name Block# Lot# 05 -66- 26 -4 HILL N PARK- 7 - 9 Owners Name&Address: Property Address: ZAMORA ERAMIDA L Street: 3814 YOSEMITE ST WELD 3814 YOSEMITE ST City: WELD GREELEY,CO 80634 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 9/13/2002 $70,000 WD 2987799 Legal Description HP7-9 L9 BLK7 HILL-N-PARK SUB SITUS: 3814 YOSEMITE ST WELD 1 Land Valuation Summary Unit of Number of Actual Value Assessed Land Type Abst Code Measure Units Value Residential 1112 Site Land Subtotal: $20,000 $1,590 • Buildings Valuation Summary Actual Value Assessed Bldg# Property Type Value 2 Mobile Home Improvements Subtotal: $23,504 $1,870 Total Property Value $43,504 $3,460 Building Details Account*: R2687586 Parcel#: 095926401007 Owners Name&Address: Property_Address: ZAMORA ERAMIDA L Street: 3814 YOSEMITE ST WELD 3814 YOSEMITE ST City: WELD GREELEY,CO 80634 Building# Property Type 2 Mobile Home Individual Built As Detail Built As: Double Wide Year Built: 1970 Exterior: Ribbed Aluminum HVAC: Forced Air I1,+,,.UU,-ww) TY,Arta;!It r elm/Wphc;tp/WP1d/cetSnl asn?cmd=QUERY&DET=PP&tin=0959... 12/15/2009 L. Identify Results ragc L ti. Interior Finish: Paneling Built As SQ Ft: 1152 # of Baths: 2 Roof Type: # of Bdrms: 2 Roof Cover: Formed Seam Metal # of Stories: 1 Rooms: 5 Units: 0 Garage: Attached SQ Ft: 0 Detached SQ Ft: 750 Bas_ement: Total SQ Ft: 0 Finished SQ Ft: 0 Mobile Home Details MH_Make MK Length MHWidth Kit 0 0 httn-I/manc7 merrick_cnm/Website/Weld/setSul.asv?cmd=QUERY&DET=PP&pin=0959... 12/15/2009 i _ __________ / __ ........ _EL TriT p I I ,r___..../ _ __.2.3:33j11 .i ..,....._ , . , ,, ... , , . . . , . <_ . . .. ______ ___ i. . ____ 0 .. . . ._ .... ___. 1 1N. ____ _ 694 es, 4jj1t4 ' b) CN 1NI ne< , Iii W 4. II ■fir �� • ;le/ I .01 Eli, _ :- ♦ ■■ ■ ■■�ri■■■ . ■■�■s■■■■■flI. ■ ■ li �■ r r f ■ II `I� ` ■■ t j I r ,, _...... I . l. Ill .... . 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