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HomeMy WebLinkAbout20091335.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0900064 AGAINST DEREK AND MICHELLE GIBSON 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, Derek and Michelle Gibson, ZCV #0900064, 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 16th day of June, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Derek and Michelle Gibson 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 deems it advisable to refer this matter back to the Department of Planning Services, per the request of staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV #0900064 against Derek and Michelle Gibson be, and hereby is, referred back to the Department of Planning Services. 2009-1335 PL0824 (�C' ti tie' t C7/k' or VIOLATIONS - ZCV #0900064 - DEREK AND MICHELLE GIBSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of June, A.D., 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the Board BY AP rk to the Board ORM: my Attorney Date of signature. 7//5:20, WELD COAT , COLORADO arbara Kirkmey EXCUSED David E. Long 2009-1335 PL0824 Violation Summary Report BASIC INFORMATION GIBSON DEREK & MICHELLE Tenant: 19532 CR 50 1/2 LASALLE, CO 80645 Compliance Officer: Ann Siron Violation Number: ZCV09-00064 Situs Address: 19532 CR 50.5 Legal: 13520B PT SE4 32 5 65 BEG SOD30'W 30' S89D16'E 180' FROM CEN 1/4 COR S89D16'E 175.09' S29D06'W 80.50' S41D43'W 174.43' S34D13'W 225.06' NOD30'E 125' N21D49'E 284.22' TO BEG SITUS: 19532 50.5 CR WELD 00000 Location: Location SOUTH OF AND ADJACENT TO CR 50.5 AND APPROXIMATELY 1/4 MILE WEST OF CR 41 North AGRICULTURE ZONE DISTRICTS South AGRICULTURE ZONE DISTRICTS East AGRICULTURE AND ESTATE ZONE DISTRICTS West AGRICULTURE ZONE DISTRICTS Parcel Number: 096132000041-R4068486 Acreage: 0.96 Certified Mail Date: 05/07/2009 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 cltoh, 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 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 2009-1335 Violation Summary Report THE NONCOMMERCIAL JUNKYARD CONSISTING OF A DERELICT VEHICLE, WOOD, PALLETS, TRASH 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 ATTORNEY'S OFFICE FOR IMMEDIATE LEGAL ACTION. LETTER HISTORY 03/10/2009 Complaint Validated 03/10/2009 LTTR: 5 Day Letter 04/02/2009 LTTR: Violation Notice 05/07/2009 LTTR: Hearing Notification OTHER CASE HISTORY 03/06/2009 Property Inspected 04/06/2009 Phone Call 05/07/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: LARGE PILES OF WOOD AND PALLETS, A DERELICT VEHICLE, TRASH AND MISC. DEBRIS. RECEIVED A PHONE CALL FROM COMPLAINANT STATING THAT THEY ARE STILL BRINGING MORE LUMBER ONTO THE PROPERTY. I TOLD THEM I HAVE NOT HEARD ANYTHING FROM THEM REGARDING THE LETTERS THAT HAVE BEEN SENT BUT IF THE PROPERTY IS NOT IN COMPLIANCE BY MAY 2, 2009 THEN A VIOLATION HEARING CAN BE SCHEDULED AND LEGAL ACTION MAY BE TAKEN AT THAT TIME. I TOLD THEM TO CHECK BACK IN AROUND MAY. UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: ENTIRE PROPERTY COVERED IN PALLETS, WOOD, TRASH AND OTHER MISCELLANEOUS DEBRIS. Ann Siron From: Sent: To: Cc: Subject: Scott Toebben [SToebben@shoreattys.com] Tuesday, June 09, 2009 3:35 PM Ann Siron Stephanie Arries; 'Kelley Griego' RE: 19532 CR 50 1/2 LaSalle CO Thanks Ann —I will forward this information to our client. Sale still is scheduled for tomorrow. I will let you know if our client takes title. Thank you! Scott D. Toebben, Esq. Hellerstein and Shore, P.C. 5347 South Valentia Way, Suite 100 Greenwood Village, CO 80111 303-991-3537 stoebben@shoreattys.com Confidentiality Notice: This electronic message is intended to be viewed only by the individual or entity to who it is addressed. It may contain information that is privileged, confidential and exempt from disclosure under applicable law. Any dissemination, distribution or copying of this communication is strictly prohibited without our prior permission. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, or if you have received this communication in error, please notify us immediately by return e-mail and delete the original message and any copies. From: Ann Siron [mailto:asiron@co.weld.co.us] Sent: Tuesday, June 09, 2009 3:17 PM To: stoebben@shoreattys.com Cc: Stephanie Arries Subject: 19532 CR 50 1/2 LaSalle CO Hi Scott, I believe you spoke with our Assistant County Attorney, Stephanie Arries, yesterday regarding a property going into foreclosure at 19532 CR 50 '/A in LaSalle CO. I am the Code Enforcement Officer handling the violation on this property and she has asked me to forward you a couple of the latest letters sent to the property owners regarding the violation and some updated pictures. These are from January but there has been no progress since my last inspection on June 5. 2009. 1 have been unable to have the post office successfully deliver any mail to Derek or Michelle Gibson. Please keep me or Stephanie Arries updated on the status of this case from your end if you don't mind. We certainly appreciate being able to have someone to work with, thanks so much for attention to this issue! Regards, Ann Siron Zoning Compliance Officer Weld County Planning Department 918 10th Street Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3566 Fax: (970) 304-6498 "To get something you never had, you have to do something you never did." Please tell us how we're doing: http://www.co.weld.co.us/departments/planning/comp_improve_comments.cfm 2 WC May 28, 2009 GIBSON DEREK & MICHELLE 19532 CR 50 1/2 LASALLE, CO 80645 Case: ZCV09-00064 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us Legal Description: 13520B PT SE4 32 5 65 BEG S0D30'W 30' S89D16'E 180' FROM CEN 1/4 COR S89D16'E 175.09' S29D06'W 80.50' S41 D43'W 174.43' S34D13'W 225.06' NOD30'E 125' N21 D49'E 284.22' TO BEG SITUS: 19532 50.5 CR WELD 00000 Dear GIBSON DEREK & MICHELLE: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 06/16/2009 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 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 cltoh, 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. Page 1 of 2 Tot COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us 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 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 A DERELICT VEHICLE, WOOD, PALLETS, TRASH AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED, RESTORED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. 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. Sincere y, Ann Siron Zoning Compliance Officer pc: ZCV09-00064 Page 2 of 2 COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us May 28, 2009 GIBSON DEREK & MICHELLE 19532 CR 50 1/2 LASALLE, CO 80645 Case: ZCV09-00064 Legal Description: 13520B PT SE4 32 5 65 BEG SOD30'W 30' S89D16'E 180' FROM CEN 1/4 COR S89D16'E 175.09' S29D06'W 80.50' S41 D43'W 174.43' S34D13'W 225.06' NOD30'E 125' N21D49'E 284.22' TO BEG SITUS: 19532 50.5 CR WELD 00000 Dear GIBSON DEREK & MICHELLE: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 06/16/2009 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 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. Page 1 of 2 hiDe COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cltoh, 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 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 A DERELICT VEHICLE, WOOD, PALLETS, TRASH AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED, RESTORED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. 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 Page 1 of 2 /Catalog COLORADO WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us 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. Sinc o/d Ann Sircn Zoning Cam lance Officer pc: ZCV09-00064 U, to r r9 U.S. Postal Service rM CERTIFIED MAIL M RECEIPT (Domestic Mail Only; No Insurance _Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here Bener ADe K— If_. <.C17_el _I�i s z Street, Apt Na.; C - " "" or PO Box No. 95 ` 42 D 5O l �7 CO, State. ZIP«e� •l ( �• O� Page 1 of 2 hiDeCOLORp May 07, 2009 GIBSON DEREK & MICHELLE 19532 CR 50 1/2 LASALLE, CO 80645 WELD COUN i I PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us Case: ZCV09-00064 Legal Description: 13520B PT SE4 32 5 65 BEG S0D30'W 30' S89D16'E 180' FROM CEN 1/4 COR S89D16'E 175.09' S29D06'W 80.50' S41D43'W 174.43' S34D13'W 225.06' N0D30'E 125' N21D49'E 284.22' TO BEG SITUS: 19532 50.5 CR WELD 00000 Dear GIBSON DEREK & MICHELLE: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 06/09/2009 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 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 cltoh, 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. Page 1 of 2 =De COLORADO WELD COUN i Y PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us 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 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 A DERELICT VEHICLE, WOOD, PALLETS, TRASH AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED, RESTORED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. 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. Sincere) Ann Siron Zoning Compliance Officer pc: ZCV09-00064 Page 2 of 2 April 02, 2009 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us GIBSON DEREK & MICHELLE 19532 CR 50 1/2 LASALLE, CO 80645 Case: ZCV09-00064 Legal Description: 13520B PT SE4 32 5 65 BEG S0D30'W 30' S89D16'E 180' FROM CEN 1/4 COR S89D16'E 175.09' S29D06'W 80.50' S41 D43'W 174.43' S34D13'W 225.06' NOD30'E 125' N21D49'E 284.22' TO BEG SITUS: 19532 50.5 CR WELD 00000 Dear: GIBSON DEREK & MICHELLE 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. 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. Page 1 of 2 Mot WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us 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 A DERELICT VEHICLE, WOOD, PALLETS, TRASH 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 05/04/2009, 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, Ann Siron Zoning Compliance Officer pc: ZCV09-00064 Page 2 of 2 March 10, 2009 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us GIBSON DEREK & MICHELLE 19532 CR 50 1/2 LASALLE, CO 80645 Case: ZCV09-00064 Legal Description: 13520B PT SE4 32 5 65 BEG SOD30'W 30' S89D16'E 180' FROM CEN 1/4 COR S89D16'E 175.09' S29006'W 80.50' S41D43'W 174.43' S34D13'W 225.06' NOD30'E 125' N21D49'E 284.22' TO BEG SITUS: 19532 50.5 CR WELD 00000 Dear GIBSON DEREK & MICHELLE: 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 A DERELICT VEHICLE, WOOD, PALLETS, TRASH 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 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. Page 1 of 2 "As W1YC Ann Siron Zoning Compliance Officer pc: ZCV09-00064 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us Page 2 of 2 *). r� A air ' Peggy Gregory From: Sent: To: Peggy Gregory Wednesday, February 18, 2009 10:48 AM Troy Swain Troy I received a complaint record for a foreclosure house where the tenant and his buddies are hauling old fence wood to the property and the pipes have frozen and burst. The address says SE of 19502 CR 15.5, the owner is Ocwen Loan Service. I am unable to locate the property by either - do you have a parcel number or previous owner? Thanks for your help. Peggy Gregory Building Compliance Officer Weld County Building Department (970) 353-6100 Ext. 3568 Please tellus how we're doing: http://www.co.weld.co.us/departmentslplanning/comp_improve_comments.cfm 1 ‘It T COLORADO Report/Complaint Received By: Weld County planning Department GREELE`/ oFFICheident Report/Complaint No: Program Element: Ktcyi DR Ni.o OD I Assign to: Status: I 2 3 File Name: Copy to File? Y G ENVIRONMENTAL HEALTH SERVICES INCIDENT REPORT/COMPLAINT RECORD Date t Time: 3 e tyt 211.0/C Report Lomphint Initiated By: EJ Stall W-ttiizen ❑Sheriff ❑Planning/Zoning ['OtherVViolationAddress:S , p9 1g5oc _ LC 15 7 ANC1S=lvf c Property Owner' s Name: Property Owner' s Address Report'Complaint: Phone #: of (7h, Ro(i d P— ifty._his h-�r� Focec(o ' _ oh Old • h�� &rte*ice hat-do:4B Old RcAc_e )L ' 1A-Atrik lcL _,9- p?kvi(L? L Fir?' h/4-) a_St n. Report /Complaint Referred To: nL,�, /`�li�L/1, C Date/lime: Investigation' Z—( - C utjd Pic; kl Or. By: Date: Z — /o —Cy follow-up: 45 hr c e S ��. �•� r_ ek 4 �T ei f te. r ���,^Ycrf ,'�i✓z /fG ii i - iss.,c 5 . Final Disposition of Report/Complaint: C ( o S.e_ By: _-- -7 Date: 2 - c `✓j By: Date: 2 —to - o? White Copy - To File Yellow Copy - Master Complaint File Peggy Gregory From: Sent: To: Subject: Troy Swain Thursday, February 19, 2009 3:12 PM Peggy Gregory RE: Complaint CO0800506 Peggy, It's likely to be 19532 WCR 50 1/2 since iVs the only property nearby to the SE of ?5502tR 15 1/2. I called the complainant to verify that this was the right property. It was and the complainant said he already talked to you. Troy E. Swain Environmental Health Specialist Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6411 (fax) (970) 304-6415, ext. 2219 Original Message ---- From: Peggy Gregory Sent: Wednesday, February 18, 2009 10:48 AM To: Troy Swain Subject: Troy I received a complaint record for a foreclosure house where the tenant and his buddies are hauling old fence wood to the property and the pipes have frozen and burst. The address says SE of 19502 CR 15.5, the owner is Ocwen Loan Service. I am unable to locate the property by either - do you have a parcel number or previous owner? Thanks for your help. Peggy Gregory Building Compliance Officer Weld County Building Department (970) 353-6100 Ext. 3568 Please tellus how we're doing: http://www.co.weld.co.usldepartments/planning/comp_improve_comments.cfm 1 Cr) O O 0re H W LL a°ce >- a z� • W 'S• a o Ot W a o Ed O o o N .Mr a O F:: .. E L P, t. Account#: R4 Bordering Cou Subdivison Name Block# Lot# CC V N C L O O N 'O M Qom❑ w Y > d d O y 0. i7 W V O Q d E z d C 0 N N `O O IreELI CO 0 0 WJ O Q N V ❑ Z UJ O N N min vai .7°5 L dW C J w U E OZ z O ao ht L7 Business/Complex: Sales Summar o o ' o d Oo A O O N d N C O Y Legal Descri N ILI O Z to rn M 0 m M M in v .N. M ❑ a 00 in 0 O O W> 0 > 0 c U N En O otit N N M In 14.1 to ri o 0W um a OF Z N W co N O N oW CCEn ❑ c N W Z LO O m O c0 0 O M O 0 CO N to N M W N a co O N Actual Value q0Y .O E>> Z C O O C J d O E Y N N z Abst Code N O O O O e w Y Land Subtotal: s Valuation Summary C CI Actual Value Property Type It O1 O f0 N C- a h a ttt C e C C C C C- C C C r- 8 i C 'i G Identify Results CO M F M o o o a .. Nj w Total Property Value Parcel#: 096132000041 Building Details Account#: R4068486 d 9 6 u+ a ° N o d Y H W O Q Z W d O O N N C 't a In tll O(75 Cn I-!F— m 1.1. c CU C 0v la as Individual Built As Detail C a v N m a O - Composition Shingle LL m aCU > 0 0 0 m a F u in a- O OY• ELOCCIID Detached SQ Ft: Finished SQ Ft: d ` b " a rz 76 V d E c a • N ti O � O t LL N a Y C b N y du: y E 'r 03 c m 0 0 g 9 0 a+ N d d d a t t O O U E o, E - +d+ 1 0 0 0 0 Im y N CO W � ri # It ;t CC (7 a al Total SQ Ft: Parcel#: 096132000041 Account#: R4068486 V 0 N rn d O N O m amin o Y J W yV. 3 o Et. r o O Z W v1 u oce `zW J d O N J 3mNa Oc7..5 Individual Built As Detail ')/1 O/2(111O c 0 O z C C C I. C C C V m • U C a ai 0 C r C L C 7 C Shed - Utility Cr, W O M 0 Oq tt3 0 cn 0 0 0 0 N a • y E o F 9 w jp • fL m in E N O O O• 4t 4t et O Detached SQ Ft: Finished SQ Ft: IL O. V is LL N40 S E N A • d jp • N to o W Q 0] F eRecorded in Weld County, CO Doc Id: 3604028 02/09/2009 11:12 A Receipt#: 7397683 Page: 1 of 2 Total Fee: $11.00 Steve Moreno, Clerk and Recorder NOTICE OF ELECTION AND DEMAND FOR SALE BY PUBLIC TRUSTEE 09-0281 No. TO THE PUBLIC TRUSTEE IN THE COUNTY WELD, COLORADO Pursuant to the terms of the Deed of Trust described as follows: Original Grantor(s): Derek Gibson and Michelle Gibson Original Beneficiary: Mortgage Electronic Registration Systems, Inc., as nominee for Harbourton Mortgage Investment Corporation ISAOA Holder of Evidence of Debt: HSBC Bank USA, N.A., as Trustee on behalf of ACE Securties Corp. Home Equity Loan Trust and for the registered holders of ACE Securities Corp. Home Equity Loan Trust, Series 2007-ASAP1, Asset Backed Pass -Through Certificates Date of Deed of Trust: November 7, 2006 Recording Date of Deed of Trust: November 9, 2006 Original Principal Amount of Evidence of Debt: $168,000.00 Outstanding Principal Amount of Evidence of Debt as of the date hereof: $167,819.43 County of Recording: Weld Book and Page No. or Reception No. of Recorded Deed of Trust: at Reception No. 3433853 Legal Description of Real Property: SEE EXHIBIT A ATTACHF,D HERETO AND INCORPORATED HEREIN BY REFERENCE WHICH HAS THE ADDRESS OF 19532 Weld County Road 50 12 La Salle, CO 80645 THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. The cotenants of said Deed of Trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations of the terms thereof. The undersigned therefore declares a violation of the covenants of said Dead of Trust. Demand is hereby made that you as Public Trustee named in said Deed of Trust, give notice, advertise for sale and sell said property for the purpose of paying all or part of the indebtedness thereby secured and the expense of making said sale, all as provided by law and the terms of said Deed of Trust. HELLERSTEIN AND SHORE, P.C. IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: December 2, 200k. HSBC BANK USA, N.A., AS TRUSTEE ON BEHALF OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST AND FOR THE REGISTERED HOLDERS OF ACE SECURITIES CORP. HOME EQUITY LOAN TRUST, SERIES 2007-ASAP1, ASSET BACKED PASS -THROUGH CERTIFICATES, Holder of Evidence of Debt, as the term is defined in C.R.S. 38-38-100.300) By: Hellerstein and Shore, P.C. Attorneys for Holder of Evidence of Debt By Gibson / 08-009525H 19532 Weld County Road 50 1/2 La Salle, CO 80645 CONY • (ler( David A. Shore, Reg. No. 19973 .—Scott D. Toebben, Reg. No. 19011 "1 — Martin H. Shore, Reg. No. 1800 Edward P. O'Brien, Reg. No. 11572 5347 S. Valentia Way, Suite 100 Greenwood Village, CO 80111 (303) 573-1080 eRecorded in Weld County, CO Doc Id: 3604028 02/09/2009 11:12 A Receipt#: 7397683 Page: 2 of 2 Total Fee: $11.00 Steve Moreno, Clerk and Recorder Exhibit A A tract of land located in the Southeast Quarter of Section 32, Township 3 North, Rsogc 65 West of the and being more particularly described as follows: Commencing at the center quarter Corner of said Section 32 and considering the Wrist line of said Southeast Quarter of Section 32 to bear South D0°30'34" West and with an other bearings contained herein being relative thereto; thence South O0°30'34` West along the West line of said Southeast Quarter of Section 32 a dlatanoo.of 30.00 feet; thence South 89"16'00' East 180.00 feet to the True Point of Bcginaing; thence South 89°16'00" East, 175.09 feet; thence South 29°06'06" West, 80.50 feet; thence South 41°43'42° West, 174.43 feet, thence South 34.13'08' West 225.06 feet; ehcncc North 00'30'34" East 125.00 feet: thence North 21°49'00" East, 284.22 feat to the True Point ofBegimting, County of Weld, State of Colorado. • • _• '� 5I II 1I 55 1 , I I II II (44 ter, Er II II II II II II II II II II II II 7 t' I I.1 _a 1- C.; Ii 1 I 1 It al 113 II ''t II III II I, tII ' I I 5t I 'CI 5 t 1 5 5 i AAAH 8 AAAH t Hello