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Home My WebLink About20090334.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0800306 AGAINST JASON AND TINA CISNEROS 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, Jason and Tina Cisneros, ZCV #0800306, 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 13th day of January, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, at which time this matter was continued to February 10, 2009, to allow staff adequate time to notify the property owners of the violation hearing date. WHEREAS, on the 10th day of February, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jason and Tina Cisneros 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 bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Jason and Tina Cisneros 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. 2009-0334 PL0824 Co PL, lorat- ©s/a3/oq VIOLATIONS - ZCV #0800306 - JASON AND TINA CISNEROS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of February, A.D., 2009. ATTEST: Weld County Clerk to County rney Date of signature. BOARD FTY COMMISSIONERS WELD U COLORADO bara Kirkmeyer eJ David E. Long 2009-0334 PL0824 v'�Iit�on Sups many FZepr�'t BASIC rNFORIVRTICN CISNEROS JASON & TINA 4403 S SHENANDOAH ST GREELEY, CO 80634 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV08-00306 Situs Address: 4403 S SHENANDOAH ST Legal: 1WHP11-11 L11 i3LK11 WEST HILL -N -PARK 1ST FILING 1ST REPLAT SITUS: 4403 S SHENANDOAH ST WELD 806340000 Location: Location North of and adjacent to 49th Street and East of and adjacent to 47th Avenue North Evans city limits: some Agriculture Zone Districts South Evans city limits, some Agriculture and Estate zone disi.. icts East Evans city limits, some Agriculture zone districts West Evans city limit:;, some Agriculture and Estate zone districts Parcel Number: 095926312009-R2656586 Acreage: 0.15 Certifiod Mail Date: 12/02/2008 Currently the property is in violation of: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Resider;','al) 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 intc.ided to be located. designed and developed in compliance witn 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 rghts-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 REMAINING DERELICT VEHICLE SHALL BE RESTORED OR REMOVED FROM THE PROPERTY. SHOULD THIS BE COMPLETED BEFORE JANUARY 12. 2009 THIS CASE WILL BE REMOVED FROM THE DOCKET; OTHERWISE, HEARINGS WILL CONTINUE AS SCHEDULED. RECOMMENDATION 2009-0334 VHIation Si.?mmay epr,rt The Department of Panning Services recommends that this case be referred to the County Attorney's office for immediate legal action. LETTER HISTORY 10/08/2008 Complaint Validated 10/08/2008 LTTR: 5 Day Letter 10/27/2008 LTTR: Violation Notice 12/02/2008 LTTR: Hearing Notification OTHER CASE HISTORY 10/07/2008 Property Inspected 10/13/2008 Phone Call UPON A VISUAL INSPECTION OF THE PROPERTY T;'E FOLLOWING ITEMS WERE NOTED: AT LEAST T'K' EE DERELICT VEHICLES, TREE BRANCHES AND WOOD. SPOKE ON THE PHONE WITH JASON CISNEROS. HE WAS VERY IRRITATED THAT SOMEONE IS TELLING HIM WHAT TO DO ON HIS PROPERTY. HE SAYS THERE ARE TWO VEHICLES, ONE HE IS WORKING ON AND THE OTHER HE :S USING AS A PARTS CAR. HE ASKED IF THAT MEANS HE HAS TO HAVE ALL THE WORK DONE IN 30 DAYS. I TOLD HIM THAT IS CORRECT, IF EXTENSIONS ARE NEEDED THEY WOULD NEED TO BE REQUESTED THROUGH A VIOLATION HEARING. HE SAID HE WOULD REMOVE THE WOOD PILE. HE ALSO ASKED WHAT THE FINES WOULD BE PER CAR AND I EXPLAINED THAT IT WOULD DEPEND ON WHAT A JUDGE SAID. HE WOULD BE LOOKING AT ONE FINE OR JAIL TIME. December 02, 2008 VirELD COUN', 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 CISNEROS JASON & TINA 4403 S SHENANDOAH ST GREELEY, CO 806:,4 Case: ZCV08-00306 Legal Description: 1WHP11-11 Li1 BLK11 WEST HILL -N -PARK 1ST FILING 1ST REPLAT SITUS: 4403 S SHENANDOAH ST WELD 806340000 Dear CISNEROS JASON & TINA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Boa:d of County Commissioners on: 01/13/2009 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. __nese ar �,s 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. To bring your property into compliance with the Weld County Code: Page 1 of 2 WELD COUN', . PLANNING DEPARTIV1ENT 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 REMAINING DERELICT VEHICLE SHALL BE RESTORED OR REMOVED FROM THE PROPERTY. SHOULD THIS BE COMPLETED BEFORE JANUARY 12, 2009 THIS CASE WILL BE REMOVED FROM THE DOCKET; OTHERWISE, 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 attendaace 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 possi:-.)la 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 v .'Iation. 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. Since Ann Siro. Zoning Compliance Officer pc: ZCV08-00306 Page 2 of 2 October 27, 2008 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 CISNEROS JASON & TINA 4403 S SHENANDOAH ST GI EELEY, CO 80634 Case: ZCV08-00306 Legal Description: 1WHP11-11 L11 BLK11 WEST HILL -N -PARK 1ST FILING 1ST REPLAT SiTUS: 4403 S SHENANDOAH ST WELD 806340000 Dear: CISNEROS JASON & TINA : The uses on the above c:escribed property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in vioation 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 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 include the storage or keeping of DERELICT VEHICLES registe7ed last or currently registered under the property owner and/or tenants name. This oefinition does not include COMMERCIAL VEHICLES. 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 require. in Sections 42-4-2202 to 42-2-227, C.R.S. This definition shall not include implements of hustandry, farm tractors or vehicels customarily operated in a FARMING operation. Page 1 of 2 's :K,fia) WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3536 FAX: 970-304-6498 E-Mailasiron@co.weld co.us 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 mate::•.:; 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. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION ALL VEHICLES ON THE PROPERTY SHALL BE IN RUNNING CONDITION AND MAINTAIN CURRENT TAGS OTHERWISE THE VEHICLES SHALL BE REMOVED FROM THE PROPERTY. ADDITIONALLY THERE IS A PILE OF TREE BRANCHES, WOOD AND DEBRIS THAT SHALL ALSO BE REMOVED. 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 corect this violation. You have until 11/27/2008, 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 col tact me at the aoove 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: ZCV08-00306 Page 2 of 2 October 08, 2008 WELD COUNTY PLANNING i' :?ARTMENT 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 CISNEROS JASON & 4403 S SHENANDOAF-1 ST GREELEY, CO 80634 Case: ZCV08-00303 Legal Description: 11WMP11-11 L11 BLK11 WEST HILL -N -PARK 1ST FILING 1ST REPLAT SITUS: 4403 S SHENANDOAH ST WELD 806340000 Dear CISNEROS JASON &: 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 AT *LEAST* THREE DERELICT VEHICLES, TREE BRANCHES AND WOOD. 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. f Ann Siron Zoning Compliance Officer pc: ZCV08-00306 Page 1 of 1 COLORADO V ZONING CODE COMPLAINT HEALTIIDEPARTMENT E WELD COUNTS SHERIFF'S OYFICE ' ANIMAL CONTROL ❑ ELI [DING CODE COMPLAINT ❑ PUBLIC WORKS PEST &U?:'ADS Pending Case t (i.e. U'SR. RE. SE. eat...): Legal Description: L/ ,1?/!G i l i JO. Violation Address:(j---&13-7 S/717-2/7_,F±://1-C)/17/ DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10e Street, Greeley, CO 80631 Phone: (970) 353-6100. Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: 2.(11)(a—D03D(r La's fVaele ❑ Citizen ❑ C�,�cr.. ____ ._ C ir. .ens Kmn e (Ii knouni: MUM,' AmnnL. i kn(Mm r Date Complaint was receiv ad: Parcel L: '(a7—(]'�`-7 g/ Property Owners Name: .J7 /) �,��'l('�J�c�; Phone: Property Owners Address: Tenant's Name: _ l enant's Address: NATURE 'hone: OF COMPLAINT: 7Z Z 1 2 1i7C C'21 Additional Notes: Identify Results Page 1 of 2 LLD COUNTY l,.9:3 3SCR P OPE TY ?RC,.:TLE Account#: R2656586 Tax Area: 2820 Acres: 0.1522 Township Range Section Quart. Sec. 03 - 56 - 26 r 3 Owners Name & Address: CISNEROS JASON & 4403 S SHENANDOAH ST (S .EELEY, CO 80634 A0,H tional Owners: ROBERTS TINA Ousiness' Complex: Sale Date Sale Price 6/9/2.005 680,500 Parcel#: 095926312009 Dordaring Cou.ity: Subdivison Name Block# Lot# WEST HILL N PARK 1ST FG - 11 - 11 Prone r Address_ Street: 4403 5 SHENANDOAH ST WELD City: WELD 4..ies Summary Deed Type SWD Reception #- 3293505 Legal Description I 1WHP11-11 L1 BLK11 WEST HILL -N -PARK 1ST FILING 1ST TEPLAT SITUS: 4403 5 SHENANDOAH ST WELD 8 063 40 00 0 Land Type Residential Land Subtotal: Bldg# 1 Abst Code 1112 Property Type Residential Improvements Subtotal: Total Property Value Land Valuation Summary Unit of Number of Measure Units Site Buildings Valuation Summary Building retails Actual Value Assessed Value $30,000 $2,390 Actual Value $81,003 Assessed Value $5,450 $111,003 $8,840 Account#: R2656586 Parcel#: 095926312009 Owners Name & Address: CISNEROS JASON & 4403 S SHENANDOAH ST GREELEY, CO 80634 Building# 1 Pro pertvAddress: Street: 4403 S SHENANDOAH ST WELD City: WELD Prooerty_Type Residential Individual Built As Detail http://maps2.merrick.corn/Wcbsite/Weld/setSgl.asp°cmd=QUERY&DET=PP&pin=09392... 10/7/2008 Idcntifv Results Page 2 of 2 Built As: f"' [!rior: Intarior Finish: # of maths: # of Pdrnis: # of Stories: Rooms. Garane_ Attached SQ Ft: B: em•::nt: To'_al SQ Ft: Modular Frame Hardboard Drywall 2 3 1 6 Year Built: Cuiit As SQ Ft: Ruof Type: Rod Cover: Units: Detached SQ Ft: Finished SQ Ft: 1996 Forced Air 1296 Composition Shingle 0 http:/:maps2_.merrick.com: Wcbsite/Weld/setSgl.asp?Cmd=QUERY&DET=PP&pin=09592... 10/7/2008 ir P71I 111"' " " ` i n, I iill 0°. 93505 Ohl 1r r,$ 01 1OR 'snip Cot ,y, CO 1 of 1 R 6.00 0 8.05 S. s rte ecr O Recv: car SOT: CAL WARRANTY DEED THIS DEED, Made this // day N ?dap, 2005 between Green Tree Servicing, LI-(2, a Delaware Limitee Liability Company a corporation duly organized and existing under and by virtue of the laws of the Stare of Delaware of the first part, and Jason Cisneros and Tina Roberts whose legal address is 4403 South Shenandoah Street, Greeley, CO 50634 sc)o 4 3te7c of the County of Weld, State of Colorado, of the second part; wITNESS, That the said party of the first part, for and in consideration of the sum of Eighty Thousand Five Hundred Dollars and NO/ i 00's. fad 00,500.00), to the said party of the first part in hand paid by the said parties of the second pat the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey aria confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such s'urvi.or forever, all the following described lolls) or parcells) of land, situate, lying and being in the County of Weld, and State of COLOR s HD, to wit Lot 11, Hlod: I1, First 13eplat of West Hill -:-Part: First Filing, County of Weld, State of Colorado. also (mown by street and number as 4403 South Shenandoah Street, Greeley, CO 80634 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits [hereof, and all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and :ppurtenanxs. 'IO HAVE AND '10 HOLD the said premiss above bargained and described, with the appurtenances, unto sirthi said parties of the second part, the survivor of them their assigns and the heirs and assigns of such survivor fop ever. And the said party of the first part, for itself, and its successors, cov [vents and agrees to and with the said parties of the second part, the snrvi ear of then, its assigns and the heirs and assigns of such survivor, the above - bargained premises in the quiet and peaceable possession of the said parties of the second part the survivor of then, t seir assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim tea whole. or any part thereof, by, through or uni.er the said party of the first part, to WARRANT AND FOREVER DEFEND. The singular number shall include the plural. the pitual the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said parties of the first part has caused Us corporate name to be hereunto subscribed by its A'✓fFaG c! , and its corporate seal to be hereunto affixed, attested by its eB_r- th ___..—.— ,TtliiCl'IZCa� the day and year first above written. SELLER: Green Tice Servicing, (.LC 17'77Y1211:11:11;76e- af-de STATE OF Arizona COUNTY OF Maricopa The foregoing instrument was acknowledged before me this (7 day of May, 2005 by C- eGrpe. v yin- n -* re( of Green Tree Servicing, LLC. a Delaware Limited LiabtiryCon ram rsRAD ex JOHNSU �Notaryint Ahzana C. tv r COuftty o tson Exores last ft) \frtje"- ndd Witness etc hand and official seal }SS: f BRADLEY S. JOHNSON I in My Commission expires'. =Notary Public - Arizona F'tU� Nlancrpa County My Commrssion Fxclres September 30. 2307 wars•,.: r>+=::,»:� SpWDCJT Special Warranty Deed from Corp. is Joint Tecams 1l S (r ('� Si—eturtis rag 103 S . 41(Yf 14r\ ]i- File No, S0043670 r(1)Co Co(23'-f- r. n_ I ki/ T � II At, I 1 11 tit t 4‘t st r/ $ • Hello