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Home My WebLink About20092724.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST DWIGHT AND THAMERIA RAMIREZ 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, Dwight and Thameria Ramirez, ZCV#0900213, 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 20th day of October, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Thameria Ramirez, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until November 20, 2009, to allow adequate time for the property owners to register and repair the vehicle, in order 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 #0900213 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Dwight and Thameria Ramirez 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 November 20, 2009, to allow adequate time for the property owners to register and repair the vehicle, in order to bring the subject property into compliance. 0 C Ft-, 2009-2724 PL0824 // VIOLATIONS - ZCV #0900213 - DWIGHT AND THAMERIA RAMIREZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of October, A.D., 2009. ATTEST: Weld County Clerk to th BY Deputy Clerk to the Bo APPROV my Attorney Date of signature 11/9/0? BOARD OF COUNTY COMMISSIONERS WLp pNT COLORADO William F. Garcia, Chair Douglae Rademacher, Pro-Tem c�— Sean P. Conway arbara Kirkmeyer EXCUSED David E. Long C 2009-2724 PL0824 Violation Summary Report BASIC INFORMATION RAMIREZ DWIGHT K & THAMERIA 4622 S SHANDOAH ST GREELEY, CO 80634 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV09-00213 Situs Address: 4622 S SHENANDOAH ST Legal: 4WHP L23 BLK1 WEST HILL -N -PARK 4TH SITUS: 4622 S SHENANDOAH ST WELD 0 Location North of and adjacent to 49th Street and East of and adjacent to 47th Avenue North Evans city limits, some Agriculture and Estate zone districts South Evans city limits, some Agriculture and Estate zone districts East Evans city limits, some Agriculture zone districts West Evans city limits, some Agriculture and Estate zone districts. Parcel Number: 095926329023-R7094798 Acreage: 0.15 Certified Mail Date: 09/02/2009 Location: Currently the property is in violation of: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. 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. REMEDY THE NONCOMMERCIAL JUNKYKARD CONSISTING OF A WHITE DERELICT VEHICLE SHALL BE RESTORED (IN RUNNING CONDITION, NO FLAT TIRES, CURRENT REGISTRATION, ETC) OR REMOVED FROM THE PROPERTY. RECOMMENDATION 2009-2724 Violation Summary Report THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAT THIS CASE BE REFERRED TO THE COUNTY ATTORNEY'S OFFICE FOR IMMEDIATE LEGAL ACTION. LETTER HISTORY 07/17/2009 Complaint Validated 07/17/2009 LTTR: 5 Day Letter 07/23/2009 LTTR: Violation Notice 09/02/2009 LTTR: Hearing Notification OTHER CASE HISTORY 07/10/2009 Property Inspected 08/24/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: WHITE DERELICT VEHICLE UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: DERELICT WHITE CAR. hiDe COLORADO September 02, 2009 RAMIREZ DWIGHT K & THAMERIA 4622 S SHANDOAH ST GREELEY, CO 80634 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 Case: ZCV09-00213 Legal Description: 4WHP L23 BLK1 WEST HILL -N -PARK 4TH SITUS: 4622 S SHENANDOAH ST WELD 0 Dear RAMIREZ DWIGHT K & THAMERIA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 10/13/2009 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 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY fo MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.6 Uses Allowed by Right. 23-3-150.C. Accessory Uses 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. To bring your property into compliance with the Weld County Code: Page 1 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 THE NONCOMMERCIAL JUNKYKARD CONSISTING OF A WHITE DERELICT VEHICLE SHALL BE RESTORED (IN RUNNING CONDITION, NO FLAT TIRES, CURRENT REGISTRATION, ETC) OR REMOVED FROM THE PROPERTY. SHOULD THE PROPERTY BE BROUGHT INTO COMPLIANCE PRIOR TO OCTOBER 9, 2009 THIS CASE WILL BE REMOVED FROM THE DOCKET AND CLOSED. OTHERWISE, VIOLATION HEARINGS WILL CONTINUE AS SCHEDULED. This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincere Ann Siron Zoning Compliance Officer pc: ZCV09-00213 Page 2 of 2 July 23, 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 RAMIREZ DWIGHT K & THAMERIA 4622 S SHANDOAH ST GREELEY, CO 80634 Case: ZCV09-00213 Legal Description: 4WHP L23 BLK1 WEST HILL -N -PARK 4TH SITUS: 4622 S SHENANDOAH ST WELD 0 Dear: RAMIREZ DWIGHT K & THAMERIA The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently 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. Page 1 of 2 W1�oc i‘err 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@comeld.co.us To bring your property into compliance with the Weld County Code: THE "NONCOMMERCIAL JUNKYKARD" CONSISTING OF A "DERELICT VEHICLE" SHALL BE RESTORED OR REMOVED FROM THE PROPERTY. 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 08/24/2009, 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, oreLi Ann Siron Zoning Compliance Officer pc: ZCV09-00213 Page 2 of 2 totit.44 hiDe COLORADO July 17, 2009 RAMIREZ DWIGHT K & THAMERIA 4622 S SHANDOAH ST GREELEY, CO 80634 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 Case: ZCV09-00213 Legal Description: 4WHP L23 BLK1 WEST HILL -N -PARK 4TH SITUS: 4622 S SHENANDOAH ST WELD 0 Dear RAMIREZ DWIGHT K & THAMERIA: 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. 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. 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. 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, cC Page 1 of 2 Ann Siron Zoning Compliance Officer pc: ZCV09-00213 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 ZONING CODE COMPLAINT HEALTH DEPARTMENT ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS / PEST & WEEDS Pending Case # (i.e. USR, RE, SE, ect...): Legal Description: Violation Address: WUDc. COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS �Complaint Initiated by: ZC JOB . j 3 4d'CffName. 0 Citizen ❑ Other Citizen's Name Or known) Phone Number (If known). Date Complaint was received: 7-10 -6, X613 3/Z / Lwow -Ate, siMai-AlParcel #: (1959-07‘ "fin y'ac2 S' SAe_m_atedA J s s1 Property Owners Name: Phone: Property Owners Address: Tenant's Name: _ Tenant's Address: NATURE Phone: uJD Q a o'Ated, COMPLAINT: Additional Notes: Identify Results rage I OI L Account#: R7094798 WELD COUNTY ASSESSOR PROPERTY PROFILE Tax Area: 2820 Bordering County: Acres: 0.15 Township Range Section Quart. Sec. 05-66-26-3 Owners Name & Address: RAMIREZ DWIGHT K & 4622 S SHANDOAH ST GREELEY, CO 80634 Additional Owners: RAMIREZ THAMERIA M Business/Complex: Sale Date 6/30/1998 Sale Price $93,900 Parcel#: 095926329023 Subdivison Name Block# Lot# WEST HILL N PARK 4TH FG - 1 - 23 rata' Or- ,.w Property Address: Street: 4622 S SHENANDOAH ST WELD City: WELD Sales Summary Deed Type Reception # WD 2623214 Legal Description 4WHP L23 BLK1 WEST HILL -N -PARK 4TH SITUS: 4622 5 SHENANDOAH ST WELD 0 Land Type Residential Land Subtotal: Bldg# 1 Abst Code 1112 Property Type Residential Improvements Subtotal: Total Property Value Account#: R7094798 Owners Name & Address: RAMIREZ DWIGHT K & 4622 S SHANDOAH ST GREELEY, CO 80634 Building# 1 Land Valuation Summary Unit of Number of Measure Units Site Buildings Valuation Summary Building Details Actual Value Assessed Value $22,000 $1,750 Actual Value Property Address: Street: 4622 5 SHENANDOAH ST WELD City: WELD Property Type Residential Individual Built As Detail Assessed Value $63,530 $5,060 $85,530 $6,810 Parcel#: 095926329023 http: //map s2. merri ck. com/ W ebs ite/Weld/set Sq l.asp?cmd=QU ERY&DET=P P&p i n=095 92... 7/10/2009 Identify Results r agc L Vl 4 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 3 1 6 0 Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: Units: 1998 Forced Air 1080 Composition Shingle 0 Detached SQ Ft: 0 1080 Finished SQ Ft: 0 http: //maps2.merrick.com/Website/W eld/setSq I.asp?cmd=QUERY&DET=PP&pin=09592... 7/10/2009 Attest: a\ -4 Doc G.3q 11111111111111111111111111111111111111111111111 !Runic 2623214 07/01/1996 10:36R Y.Id County CD 1 of 1 R 6.00 D 9.39 JR Stk1 Tauk.moto Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property") from the individual(s), corporation(s), partnership(s), or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for (1) the lien of the general property taxes for the year of this deed, which the GRANTEE will pay (2) any easements and rights -of - way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restrictions shown of record (6) any additional matters shown below under 'Additional Warranty Exceptions', and (7) subject to building and zoning regulations. The Specific Terms of This Deed Are: Grantor: (Give names) and place(s) of residence: if the spouse of the owner -grantor is joining in Nis Deed to reline homestead rights, identify eramdrs as husband and wife.) LIFESTYLE HOMES, INC., A COLORADO CORPORATION Grantee: (Give natMs) and Ballast:); statement of address, including available road or street number.) DWIGHT K. RAMIREZ AND THAMERIA M. RAMIREZ 4622 S. SHANANDOAH ST. , GREELEY, CO. 80634 Form of Co -Ownership: (If there are two or snore grantees named. they will be considered to take as tenants in common unless the words 'in joins tenancy or words of the same meaning arc added 'in the space below.) JOINT TENANTS Property Description (Include county and state.) LOT 23, BLOCK I, WEST HILL - N -PARK 4TH FILING, WELD COUNTY, COLORADO. Property Address: 4622 S. SHENANDOAH STREET GREELEY, COLORADO Consideration: (The siatament of a dollar amoum is optional. adequate consideration for this deed will be presumed unless this conveyance is identified as a gift. In any case dm conveyance is absolute, final and unconditional.) NINETY THREE THOUSAND EIGHT HUNDRED SIXTY AND 001100 Reservations-Restrkttons: (If the GRANTOR intends to reserve any merest N the property or to convey less than is owned. or if the GRANTOR is restricting the GRANTEE'S right in the property. nuke appropriate indication.) Additional Warranty Exceptions: (Include deeds of trust being assumed nod other matters not covered above.) Executed by the Grantor on JUNE 30, 1998 ymature for Corporation, Partnership or Association: Signature for Individual(s): - kiFESTYt HOMES, INC., A COLORADO CORPORATION ,5 14emeaf Gratin: Corporation. Partnership or Association Grantor l 1 3t y- a°. O. MITC L SECRtIA Grantor Grantor STATE OF COLORADO COUNTY OF WELD The foregoing instrument was acknowledged before me this 30th day of JUNE, 1998 By DEBBIE MITCHELL, SECRETARY, LIFESTYLE HOMES, INC., A COLORADO CORPORATION WITNESS m My commis STATE 0 COUNTY The foreg By" {pHY,Po//�/ .artfo eapiro: OCTOBeR JE,gl(t AA'NE77F F strusip'IYt)as ack➢0 ("name individn or assistant aecreta WETNESS my hand and official seal. My commission expires: O 1981 UPDATE LEGAL FORMS 2001 l Notary Public ))1) 12218TH AVENUE. GREELEY, CO. 80631 edged before me this day of Corporation, Partnership or Association, then identify signers a president or vice president and secretary partner(s) of Partnership; or m authorized member(s) of association.) Notary Public WCTC No. 201-L Hello