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
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CERTIFIED MAIL M RECEIPT
(Domestic Mail Only; No Insurance _Coverage Provided)
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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
*).
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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
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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 #:
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Report /Complaint Referred To: nL,�, /`�li�L/1, C Date/lime:
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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
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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.
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