HomeMy WebLinkAbout20091611.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST BEATRICE AMAYA AND ADOLFO SIMENTAL 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, Beatrice Amaya and Adolfo Simental, ZCV#0900086, 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 14th day of July, 2009, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Beatrice Amaya and Adolfo Simental, property owners, were 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 August 14, 2009, to allow adequate time for the property owners to remove the
dry box from the road right-of-way, to reduce the number of semi -trucks and trailers to the one (1)
allowed on the subject property, and to submit a Zoning Permit for the additional semi -truck and
trailer to bring the subject property into compliance 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 #0900086 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Beatrice Amaya and Adolfo Simental 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 August 14, 2009, to allow adequate time
for the property owners to remove the dry box from the road right-of-way, reduce the number of
semi -trucks and trailers to the one (1) allowed on the subject property, and to submit a Zoning
Permit for the additional semi -truck and trailer to bring the subject property into compliance.
(1(; C'L .
2009-1611
(-)://q4,7
/�O 7 PL0824
VIOLATIONS - ZCV #0900086 - BEATRICE AMAYA AND ADOLFO SIMENTAL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of July, A.D., 2009.
ATTEST:
Weld County Clerk to the B
BY:
Dep
APPROV
BOARD OF COUNTY COMMISSIONERS
ELD CQ 1 JTY, COLORADO
ouglas ademach
7
Sean P. Conway
I /7_7%/ o
arbara Kirkmeyer
hty Attorne,9 EXCUSED
David E. Long
Date of signature (i3/Oct
(NAY)
(AYE)
NAY
(AYE)
2009-1611
PL0824
Violation Summary Report
BASIC INFORMATION
AMAYA ADOLFO & BEATRICE
Tenant:
PO BOX 652 FREDERICK, CO 80530
Compliance Officer: Bethany Salzman
Violation Number: ZCV09-00086
Situs Address: 200 ABEYTA ST
Legal: 20727E L5 ABEYTA REPLAT PT BLK D EVANS ADD EXC MINS & COAL
200 ABEYTA ST WELD 00000
Location: Location East of and adjacent to CR 13 and North of and adjacent to
CR 16 aka First St **Within Firestone IGA "Within
Floodplain
North Firestone city limits
South Firestone city limits
East Firestone city limits
West Firestone city limits
Parcel Number: 131130310013-R5500486 Acreage: 0.17
Certified Mail Date: 06/10/2009
Currently the property is in violation of:
Chapter 23, Article 111(3), Division 2 Residential Zone Districts
23-3-110 R-1 (Low -Density Residential) Zone District.
23-3-110.B Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and
no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained in the R-1 Zone District except for one (1)or more of the following USES. Land in
the R-1 Zone District must be USED in compliance with the bulk requirements contained in
Section 23-3-160 below. USES within the R-1 Zone District are subject to the additional
requirements contained in Articles IV and V of this Chapter.
23-3-110.C Accessory Uses.
23-3-110.C.8 Parking and operation of one (1) COMMERCIAL VEHICLE from the property,
provided that such parking and operation are permitted through Section 23-4-950 of this Code.
REMEDY
As I indicated in my initial letter, the property is currently in violation of ZPCV-00026. Condition #5 states
"There shall be no parking or staging of commercial vehicles on the County roads or rights -of -way. The
applicant shall utilize on -site parking only." However, based upon several inspections I have noted that the
semi truck and trailer is again parking in the road right-of-way. I will be asking the Board at this hearing to
vacate ZPCV-00026 and not allow the Commercial Vehicle to return to this property.
RECOMMENDATION
The Department of Planning Services recommends this case be forwarded to the County Attorney's Office
for immediate legal action.
LETTER HISTORY
04/29/2009 Complaint Validated
04/29/2009 LTTR: 5 Day Letter
05/07/2009 LTTR: Violation Notice
06/10/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
03/23/2009 Property Inspected Upon a visual inspection of the property, the following items
were noted: a semi truck and trailer was parked 2009-1E
Violation Summary Report
on the South road right-of-way. See picture dated 03/23/09
05/08/2009 Phone Call Beatrice Amaya left a voice mail for Stephanie Arries.
Stephanie asked me to call her. I tried at 1104 on 05/08/09
- rang at least a dozen times - N.A. I tried again at 1151 on
05/08/09 - rang and rang - N.A.
05/11/2009 Property Inspected Upon a visual inspection of the property, the following items
were noted: a semi truck and trailer was still parked on the
South road right-of-way. See picture dated 05/11/09
05/11/2009 Phone Call I called Beatrice Amaya (303-833-0437). I advised her that
I was returning a phone call. She said she was out at a Dr
appt last Friday. She is having the other hip surgery on
June 8th. She said she needs another ZPCV application
for the property at 207. I asked if she had received my
letter about her current ZPCV. She said she had. I advised
her that they could not park the semi truck or trailer in the
road ROW. I reminded her it has to be parked on her
property. She was going to move it. I told her I would look
at it tomorrow and let her know if the new location would
work or not. She said that would work. She said the 207
address would be for a Light Blue Volvo (semi truck). I told
her I would get another ZPCV application out in the mail to
her. I then asked about the NCJY on Dunmire. She said
she covered the 2 remaining derelict vehicles with tarps. I
again advised her that tarps are not considered appropriate
screening. She said they are going to be removed. I
advised her that I would not be able to close the court case
until that had occurred. She said she understood. I told
her to call me as soon as they had been removed.
06/09/2009 Property Inspected Upon a visual inspection of the property, the following items
were noted: the semi truck and trailer is still parked in the
road right-of-way and not on the physical property as
required through ZPCV-00026. See picture dated
06/09/09.
06/19/2009 Certified Mail Receipt Certified Receipt received - signed.
lT �'t‘'
hiDe
COLORADO
June 10, 2009
AMAYA ADOLFO & BEATRICE
PO BOX 652
FREDERICK, CO 80530
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E -Mail: bsalzman@co.weld.co.us
Case: ZCV09-00086
Legal Description:
20727E L5 ABEYTA REPLAT PT BLK D EVANS ADD EXC MINS & COAL 200 ABEYTA ST WELD 00000
Dear AMAYA ADOLFO & BEATRICE:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
07/14/2009 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
23-3-110 R-1 (Low -Density Residential) Zone District.
23-3-110.B Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and
no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained in the R-1 Zone District except for one (1)or more of the following USES. Land in
the R-1 Zone District must be USED in compliance with the bulk requirements contained in
Section 23-3-160 below. USES within the R-1 Zone District are subject to the additional
requirements contained in Articles IV and V of this Chapter.
23-3-110.C Accessory Uses.
23-3-110.C.8 Parking and operation of one (1) COMMERCIAL VEHICLE from the property,
provided that such parking and operation are permitted through Section 23-4-950 of this
Code.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter, the property is currently in violation of ZPCV-00026. Conditior
#5 states "There shall be no parking or staging of commercial vehicles on the County roads of
rights -of -way. The applicant shall utilize on -site parking only." However, based upon several
inspections I have noted that the semi truck and trailer is again parking in the road right-of-way
I will be asking the Board at this hearing to vacate ZPCV-00026 and not allow the Commercial
Vehicle to return to this property.
Page 1 of 2
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COLORADO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E -Mail: bsalzman@co.weld.co.us
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.
Sincerely,
C
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV09-00086
U.S. Postal Service,.
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Page 2 of 2
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May 07, 2009
AMAYA ADOLFO & BEATRICE
PO BOX 652
FREDERICK, CO 80530
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@co.weld.co.us
Case: ZCV09-00086
Legal Description: 20727E L5 ABEYTA REPLAT PT BLK D EVANS ADD EXC MINS & COAL 200
ABEYTA ST WELD 00000
Dear: AMAYA ADOLFO & BEATRICE :
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
23-3-110 R-1 (Low -Density Residential) Zone District.
23-3-110.B Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and
no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained in the R-1 Zone District except for one (1)or more of the following USES. Land in
the R-1 Zone District must be USED in compliance with the bulk requirements contained in
Section 23-3-160 below. USES within the R-1 Zone District are subject to the additional
requirements contained in Articles IV and V of this Chapter.
23-3-110.C Accessory Uses.
23-3-110.C.8 Parking and operation of one (1) COMMERCIAL VEHICLE from the property,
provided that such parking and operation are permitted through Section 23-4-950 of this Code.
To bring your property into compliance with the Weld County Code:
As I indicated in my initial letter, the property is currently in violation of ZPCV-00026.
Condition #5 states "There shall be no parking or staging of commercial vehicles on the
County roads or rights -of -way. The applicant shall utilize on -site parking only." However,
based upon several inspections I have noted that the semi truck and trailer is again parking
in the road right-of-way.
Page 1 of 2
WIiDc
COLORA
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer I
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@co.weld.co.us
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
06/08/2009, 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,
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV09-00086
Page 2 of 2
is*
'Plc
April 29, 2009
AMAYA ADOLFO & BEATRICE
PO BOX 652
FREDERICK, CO 80530
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E -Mail: bsalzman@co.weld.co.us
Case: ZCV09-00086
Legal Description: 20727E L5 ABEYTA REPLAT PT BLK D EVANS ADD EXC MINS & COAL 200
ABEYTA ST WELD 00000
Dear AMAYA ADOLFO & BEATRICE:
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:
property is currently in violation of ZPCV-00026. Condition #5 states "There shall be no
parking or staging of commercial vehicles on the County roads or rights -of -way. The
applicant shall utilize on -site parking only." However, based upon several inspections I
have noted that the semi truck and trailer is again parking in the road right-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,
Bethany Salz
Zoning Compliance Oiftcsr II
pc: ZCV09-00086
Page 1 of 1
Identify Results
Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5500486
Tax Area: 3517
Acres: 0.1722
Township Range Section Quart. Sec.
02-67-30-3
Owners Name & Address:
ABEYTA JOE G (HEIR OF) &
C/O ADOLFO & BEATRICE AMAYA (CONTRACT
OWNER) - P O BOX 652
FREDERICK, CO 80530
Additional Owners:
ABEYTA PAULINE
Business/Complex:
Sale Date
4/20/1989
Sale Price
$35,000
Bordering County:
Parcel#: 131130310013
Subdivison Name Block# Lot#
ABEYTA RPLT - - 5
Property Address:
Street: 200 ABEYTA ST WELD
City: WELD
Sales Summary
Deed Type
Legal Description
Reception #
02177164
20727E L5 ABEYTA REPLAT PT BLK D EVANS ADD EXC MINS & COAL 200 ABEYTA ST WELD 00000
Land Type
Residential
Land Subtotal:
Bldg#
1
Abst Code
1112
Property Type
Residential
Improvements Subtotal:
Total Property Value
Account#: R5500486
Owners Name & Address:
ABEYTA JOE G (HEIR OF) &
C/O ADOLFO & BEATRICE AMAYA (CONTRACT
OWNER) - P 0 BOX 652
FREDERICK, CO 80530
Building#
1
Land Valuation Summary
Unit of Number of
Measure Units
Site
Buildings Valuation Summary
Building Details
Property Type
Residential
Actual Value
Assessed
Value
$35,000 $2,790
Actual Value
Assessed
Value
$119,381 $9,500
$154,381 $12,290
Parcel#: 131130310013
Property Address:
Street: 200 ABEYTA ST WELD
City: WELD
http://maps2.merrick.eom/W ebsite/W eld/setSgl.asp? cmd=QUERY&DET=PP&pin=13113... 3/25/2009
Identify Results Page 2 of 2
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Ranch 1 Story
Frame Hardboard
Drywall
1
4
1
8
0
0
Individual Built As Detail
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
1952
Forced Air
1164
Composition Shingle
0
Detached SQ Ft: 560
Finished SQ Ft: 0
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13113... 3/25/2009
Wine
COLORADO
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10"' Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
litt ZONING CODE COMPLAINT . Staff/Name:G1atNkQ t l II91O)I) do ❑ 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: 'J'7...5Lrt
Pending Case # (i.e. USR, RE, SE, ect...):
`,,,,,�'1 yy������""""'' -D-Evoc Mth v'12
Legal Description: —CrIV � rcOXAaa Qej'io • ri- �`nct-Parcel #: \Jt�-3D-3-t0 0 (3
Violation Address
OCD Abeta cyk..
Property Owners Name: l((���l>� �F 07% ,(��,� Z , hM!).P1\ i t L� L]t ]� hone:
Property Owners Address: (\IN—Ne ,,,a1 PC1C1�� C-. �Q1.1 CSL
Tenant's Name: �`]J Phone:
Tenant's Address:
NATURE OF COMPLAINT: VI OAaid cn Ob ?Pat-
el X-ttni In )- aY\d ao%Glf i a &Jrrd chaiLPX -
Additional Notes:
AR2177164
B 1230 REC 02177164 04/21/89 15:32 $6.00 1/002
F 0592 MARY ANN FEIIERSTEIN CLERK & RECORDER WELD CO, CO
CONTRACT FOR SALE
THIS AGREEMENT, made in duplicate this I{beyday of
April, 1989, between Joe G. Abeyta and Pauline ta, hereinafter
referred to as Sellers, and Adolfo Simental and Beatrice Simental,
hereinafter called the Buyers,
WITNESSETH:
1. Sellers in consideration of the covenants here set
forth, and other good and valuable consideration, do sell to
Buyers the following described property:
Lot 5, Abeyta Replat, Block D,
Evans Addition, Weld County, Colorado,
also known as 200 Abeyta Street.
IState t
////D¢_o^cc� mensary Fea24.2.9.12
Oct
2. Buyers shall pay the sum of $35,000 as follows: $2,000.00
herewith receipted for, and the balance in monthly payments of $300.00,
including 8% interest, until paid in full, commencing on the 1st day
of May, 1989, and on the let day of each month thereafter. Buyers
shall pay a late charge of $30.00 for installments not made within
10 days of the due date. Pre -payment may be made at any time without
penalty.
3 Possession shall be May 1, 1989. Sellers shall be respon-
sible for all utility and other costs to date of possession, including
property tax. Thereafter, Buyers shall be responsible for utilities
and taxes, and shall pay a tax impound to Sellers monthly in the
amount of $30.00 to be adjusted annually as taxes are paid.
4. Buyers shall execute a promissory note for $33,000.00 and
Sellers shall execute a warranty deed to Buyers, which Note and Deed
shall be placed in Escrow until successful completion of this contract
whereupon said Note shall be cancelled and warranty deed shall be
delivered to Buyers conveying the above real property free and clear
of all encumbrances.
5. Buyers convenant that during the term of this agreement
to maintain homeowner's insurance and to endorse and include Sellers
as an additional insured. In the event the subject property is damaged
and such damage is not insured, Buyers shall promptly replace and
repair same.
B 1230 REC 02177164 04/21/69 15:32 $6.00 2/002
F 0593 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
6. If Buyers fail to make payment due or to perform any
convenant hereunder, and such default continues 60 days after written
notice of same, Sellers may terminate this agreement and repossess the
property, and all payments shall be forfeited by Buyers.
SELLERS:
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71
STATE OF COLORADO )
)ss
COUNTY OF WELD
BUYERS:
/.c/n�P,� c rm1.x71i Y�
The foregoing instrument was acknowledged before me this
c`„day.'of April, 1989 by Joe G. Abeyta, Pauline Abeyta, Adolfo
Sim¢7.rtal ar@ Beatrice Simental. Witness my hand and official seal.
M7oCR io}4' expires:lchofgi
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