HomeMy WebLinkAbout20090844RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST KATRINKA AND CHARLES CROMWELL 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, Katrinka and Charles Cromwell, ZCV #0800403, are allegedly in violation of
the Weld County Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 14th day of April, 2009, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Katrinka and Charles Cromwell, property owners, and Brad Raehal, property
owners' nephew, were present at said hearing, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon
such referral until July 14, 2009, to allow adequate time for the property owners to complete all the
clean-up needed 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 #0800403 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Katrinka and Charles Cromwell 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 July 14, 2009, to allow adequate time for the
property owners to complete all the clean-up needed to bring the subject property into compliance.
((' ', r9L, L,oL
2009-0844
PL0824
O1 -7/0I /o9
VIOLATIONS - ZCV #0800403 - KATRINKA AND CHARLES CROMWELL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of April, A.D., 2009.
ATTEST:
Weld County Clerk to tI$i
(. 4)
BY
Deputy Clerk to the Bo
APPRjQ-)1 D ASS
Date of signature.
County Attorney
RM:
BOARD OF COUNTY COMMISSIONERS
WELAO T , COLORADO
F. G fc{a
William , Chair
EXCUSED
Douglas Rademacher, Pro-Tem
EXCUSED
Seal P. Conway
Kirkmeyer l
David E. Long
2009-0844
PL0824
Violation ouinnlaiy nepuiI.
BASIC INFORMATION
KATRINKA & CHARLES CROMWELL P O BOX 21 EVANS, CO 80620
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
Ann Siron
ZCV08-00403
33553 HWY 392
7628-A PT NE4 18 6 63 COMM NE COR SEC S0D08'E 1700' M/L
S69D08'W 491.6' M/L TO TRUE POB S69O08'W 229.92' N16D44'W
318.45' N73D34'E 218.35' S18D49'E 300.93' TO POB LOT A REC
EXEMPT RE -748 33553 392 HWY WELD 00000
Location North of and adjacent to Hwy 392 and approximately 1/2
mile East of CR 61
North Agriculture
South Agriculture and Barnsville
East Agriculture
West Agriculture and Barnsville
Parcel Number: 079918000022-R1169486 Acreage: 1.59
Certified Mail Date: 02/20/2009
Currently the property is in violation of:
Chapter 23, Article II1(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.
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.
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.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on
surrounding uses. A SCREENING PLAN shall be submitted and approved by the
Department of Planning Services.
REMEDY
THE NONCOMMERCIAL JUNKYARD CONSISTING OF TIRES, TRASH, HOUSEHOLD ITEMS AND
MISCELLANEOUS DEBRIS SHALL BE REMOVED OR COMPLETELY SCREENED FROM ALL
ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY.
2009-0844
violation aurnrnary rsepuit
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office for immediate legal action.
LETTER HISTORY
12/12/2008 Complaint Validated
12/12/2008 LTTR: 5 Day Letter
12/23/2008 LTTR: Violation Notice
02/20/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
02/19/2009 Property Inspected
03/10/2009 Office Visit
03/17/2009 Office Visit
UPON A VISUAL INSPECTION OF THE PROPERTY
THE FOLLOWING ITEMS WERE NOTED:
HOUSEHOLD ITEMS, WOOD, TRASH, TIRES AND
OTHER MISC. DEBRIS.
CHARLES CROMWELL CAME INTO THE OFFICE TO
DISCUSS THE VIOLATION ON THE PROPERTY. HE
SAID THAT HE DID CLEAN UP THE DEBRIS IN THE
BACK. I TOLD HIM THAT I WOULD GO OUT AND
INSPECT BUT NEEDED A NUMBER TO GET IN
TOUCH WITH THEM TO LET THEM KNOW IF THE
VIOLATION WOULD BE CLOSED OR IF HEARINGS
WILL CONTINUE.970-673-8500
KATRINKA CROMBWELL CAME INTO THE OFFICE.
SHE ASKED WHAT NEEDED DONE. I TOLD HERE
THERE ARE TWO LARGE PILES, THE ONE WHICH
CONSISTS OF WOOD, TRASH AND DEBRIS SHALL
BE REMOVED. THE OTHER OF JUST WOOD IS FINE
AND THE TIRES AND DEBRIS IN THE BACK OF THE
HOME SHALL BE REMOVED AS WELL. I PROVIDED
HER WITH ANOTHER COPY OF THE HEARING
NOTIFICATION AND TOLD HER IF SHE CALLED AND
AN INSPECTION WAS CONDUCTED PRIOR TO THE
HEARING DATE, AND THE PROPERTY WAS IN
COMPLIANCE, THAT WE COULD REMOVE THE
CASE FROM THE DOCKET. OTHERWISE HEARINGS
WILL CONTINUE.
hiDe
COLORADO
February 20, 2009
KATRINKA CROMWELL
PO BOX 21
GILL, CO 80624
WELD COUN 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
ric14-12 _an 4,
Case: ZCV08-00403
Legal Description:
7628-A PT NE4 18 6 63 COMM NE COR SEC SOD08'E 1700' M/L S69D08'W 491.6' M/L TO TRUE POB
S69D08'W 229.92' N16D44'W 318.45' N73D34'E 218.35' S18D49'E 300.93' TO POB LOT A REC EXEMPT
RE -748 33553 392 HWY WELD 00000
Dear KATRINKA CROMWELL:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
04/14/2009 10:00 AM
The above mentioned property remains in violation of the following Section(s) of the Weld County
Code:
Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
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.
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.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
Page 1 of 2
hiDe
COLORADO
WELD COUN fY 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
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services.
To bring your property into compliance with the Weld County Code:
THE NONCOMMERCIAL JUNKYARD CONSISTING OF TIRES, TRASH, HOUSEHOLD ITEl
AND MISCELLANEOUS DEBRIS SHALL BE REMOVED 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.
Sincerely,
■ Complete items 1, 2, and 3. Also complete
Ann Siron \ item 4 if Restricted Delivery is desired.
Zoning Compliance • Print your name and address on the reverse
so that we can return the card to you.
pc: ZCV08-0040: • Attach this card to the back of the mallpiece,
or on the front if space permits.
1. Article Addressed to:
Kozir,'n ka Cromcvc-lf
Po Box 2/
" � JM�Id Cyr a ni F CErtme
I (�T IIJJ ¶TR 2 6 7009
2. Article Number
(Transfer from service label)
A. Signature
r7 ❑ Agent
❑ Addressee
C. Date of Delivery
D. delivery address different � •m item 17 r Yes
If YES, enter delivery address below: 0 No
B. Received by (Printed Nome)
e. ]<• ; I, lam_ c
LWA$ Ct' Ut' d
3. Service Type
edified Mat
Registered
0 Insured Mall
❑ Express Mall
❑ Return Receipt for Merchandise
❑ C.C.D.
7 1490 0004 7353 1672
PS Form 3811, February 2004
Domestic Return Receipt
102595-02-M-1540
COLORADO.
January L. 9W
KATRINKA CROMWELL
P O BOX 21
GILL, CO 80624
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-Maitasiron@co.weld.co.us
Case: ZCV08-00403
Legal Description: 7628-A PT NE4 18 6 63 COMM NE COR SEC SOD08'E 1700' M/L S69D08'W
491.6' M/L TO TRUE POB S69D08'W 229.92' N16D44'W 318.45' N73D34'E 218.35'
S18D49'E 300.93' TO POB LOT A REC EXEMPT RE -748 33553 392 HWY WELD
00000
Dear: KATRINKA CROMWELL :
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.
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.
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.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services.
Page 1 of 2
/T=%T
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-Mailasiron@co.weld.co.us
To bring your property into compliance with the Weld County Code:
THE NONCOMMERCIAL JUNKYARD CONSISTING OF TIRES, TRASH, HOUSEHOLD
ITEMS AND MISCELLANEOUS DEBRIS SHALL BE REMOVED OR COMPLETELY
SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY.
BECAUSE THIS IS A REPEAT VIOLATION NO EXTENSIONS CAN BE GRANTED.
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
/ to correct this zoning violation. Failure to do so will result in this office scheduling the
Witt maw 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: ZCV08-00403
Page 2 of 2
left
COLORADO
December 12, 2008
KATRINKA CROMWELL
PO BOX 21
GILL, CO 80624
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: ZCV08-00403
Legal Description: 7628-A PT NE4 18 6 63 COMM NE COR SEC SOD08'E 1700' M/L S69D08'W 491.6'
M/L TO TRUE POB S69D08'W 229.92' N16D44'W 318.45' N73D34'E 218.35' S18D49'E
300.93' TO POB LOT A REC EXEMPT RE -748 33553 392 HWY WELD 00000
Dear KATRINKA CROMWELL:
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 TIRES, TRASH,
HOUSEHOLD ITEMS AND 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.
Please contact me within five working days of the date of this letter to review these concerns with me. Feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with
you.
Sincerely,
Ann Siron
Zoning Compliance Officer
pc: ZCV08-00403
Page 1 of 1
WI�'Pc.
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:tO% --eno 3
%/ ZONING CODE COMPLAINT 0 Staff/Name: LIEY--Citizen 0 Other. 0
HEALTH DEPARTMENT
Citizen's Name (If known)'.
O WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known):
O BUILDING CODE COMPLAINT
O PUBLIC WORKS / PEST & WEEDS
Date Complaint was received:
Pending Case # (i.e. USR, RE, SE, ect...):
Legal Description:
Violation Address:
/D-15-og
Property Owners Name: l/IQIl1Gt/ee—C-d Phone:
Property Owners Address:
Tenant's Name: _
Tenant's Address:
NATURE
Po ROx 61/00 g0(eJ1
Phone:
OF COMPLAINT:
hae/, d a leiC! %4LY4Q/C/O/ ii4j,
Additional
Notes:
Page 1 of 1
Ann Siron
From: Jesse L. White, CPL [jwhite@apollooperating.comj
Sent: Wednesday, October 15, 2008 10:49 AM
To: Ann Siron
Subject: RE: Cromwell pics
Ann:
Please just let me know before you head out as we do have the property locked up and I need to make sure it will
be open for you.
Jesse L. White, CPL
APOLLO OPERATING, LLC
Operations Manager
www.apol looperati ng,co m
303.830.0888 x 14 (office)
303.349.7586 (mobile)
From: Ann Siron [mailto:asiron@co.weld.co.us]
Sent: Wednesday, October 15, 2008 10:40 AM
To: Jesse L. White, CPL
Subject: RE: Cromwell pics
Jesse,
Thank you, I did receive all pictures. Also, do I still have your permission to access your property so
that I can take pictures from areas that may not be visible from the road? I would need to take pictures
prior to each court date and new filing of papers.
From: Jesse L. White, CPL[mailto:jwhite@apollooperating.com]
Sent: Wednesday, October 15, 2008 10:35 AM
To: Ann Siron
Subject: Cromwell pics
Ann:
Here are the pictures we discussed; these were taken early this month. Please let me know if you are able to
reopen the case as discussed.
Jesse L. White, CPL
APOLLO OPERATING, LLC
Operations Manager
www.a pol looperati ng. co m
303.830.0888 x 14 (office)
303.349.7586 (mobile)
10/15/2008
rck
ti
ci
w o a•
— U at7
w t-
--
=
t)
�� r)-
C Cl;
ci
MEM
-- 4,
- tO
sole)
on cm. t3
-- T
M
— CO C)
p 0
N cV
== M C)
—_p C)
oaeai
N t-
aCO
C`PJ
M— i (e
_w
ro +-
I111111111111111111iii 1111111111111111111111111IIII1111
1 0l 1 R 6.00 D 0 00 Slave Moreno A Weld Clerk & Recorder
QUITCLAIM DEED
ruts Ord 3 yyE7 —" 20
between K M�watA2.0.' CI-Anvt
and is made
(whither one. or nm )an ones, the "Grantor;" of the e -
County of (U d and Slate of L(y(�Oba�-a'a
nd
3355.3 =X&
6 '(� or goG q
t wherh r one, or more than noel. the "Grantee; a legal address is
f' L'. C.A.A v ,,, rye
rd the 3_ v- L'8 Comty of w-ie
WITNESS, that the Grantor, for and in consideration of the sum of
and State of acs.. -rte"' `T+ -CC"'
DOLLARS. ($ S. 1.
the receipt and sufficiency of which is hetehy acknowledged, does hereby remise, release, sell and QUITCLAIM unto the
Grantee and the Grantee's heirs and assign„ forever, all the right, title, interest, claim and demand which the Grantor has in
and -o the real pr�ony, together with any improvements Ihnron, located in the County of
Lh and Math of Colorado, described as follows:
!)i k,` ,F -..e -c> Lz6d' N 0 779 -4-(-W7
'ukp0�iVu��LA (tJ'o(t-C-, R p
(4'85 C� /()73aiv- Pj No.odoiyl�6
CneU c- 5 3 S✓ SJ N�-'iii
also known by street address as:
and;:sscssor's schedule or parcel number:
1(1 HAVE AND TO HOLD the sane. together with all and singular the appunenencea and priv lieges thereunto belonging.
or in anywise tnereu coo appertaining. and all the estate, right, title, interest end claim whatsoever of the Grantor, either in law
or equity. to the only proper use. benefit and behoof of the Grantee, and the Grantee's heirs and assigns, forever.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.
by
SPATE OF COLORADO County of fif%.Np^'9
The foregoing instrument was acknowled;ed before me this 6-- day of /1
Witness my band and official sad.
My commission expires: 3/i I1'Wo'
*Inset( "City and where applicable.
Name and Address rte P
on (tenting
cwly Created 1<p) Deacdption (6 35.35-I06 S, C.R S.)
,200
No. 9A. Res 1.116. QUITCLAIM Otto
Ardtord : bl:ah, og, till Via.,e, S. , tkmer, 1:O 80201 — (03) 255-DUu — ery aradtnrd W Wi.t.itag corn — nO
i
Z
etz
GF- ac
,,,La
al
w °
fx
N C
U
):J3
1
'15
Hello