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HomeMy WebLinkAbout20091332.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JBL PROPERTIES, LLC, 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, JBL Properties, LLC, ZCV #0900102, is 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, Larry Shepard, property owner, and Robert Herrera, representative, 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 16, 2009, to allow adequate time for the property owner to submit a Use by Special Review Permit application, or remove or relocate the commercial vehicle 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 #0900102 be, and hereby is, referred to the Weld County Attorney's Office for legal action against JBL Properties, LLC, 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 16, 2009, to allow adequate time for the property owner to submit a Use by Special Review Permit application, or remove or relocate the commercial vehicle to bring the subject property into compliance. 2009-1332 n 00 I. Pt- L1 c c PL0824 VIOLATIONS - ZCV #0900102 - JBL PROPERTIES, LLC 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. ATTEST: ki) Weld County Clerk to the Board BY: APPFORM: BOARD OF CO Y COMMISSIONERS ELD !UN !ILORADO `Sean P. Conway 4Lietrbara Kirkmeyer y Attorney EXCUSED Date of signature David E. Long -2 i2 2009-1332 PL0824 Violation Summary Report BASIC INFORMATION JBL PROPERTIES LLC Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: 9713 CR 74 WINDSOR, CO 80550 Ann Siron ZCV09-00102 9713CR74 PT SE4 34 7 67 EXC BEG AT NW COR SE4 E54' SOD40'E 374.3' S13D20'E 409.5' S3D E 274.6' S79010'W 173.7' TOW LN SE4 N TO BEG ALSO EXC BEG AT NE COR SE4 W945' S75O30'E 488.3' N82D40'E 480' TO E LN SE4 N TO BEG ALSO EXC BEG SE COR OF SEC THENCE S89D20'W 1657.88' NOD10'E 30' TO PT ON INTERSECTION OF CEN LN OF ACCESS RD THENCE ALONG RD N10D40'E 54.93' N24D07'E 814.18' THENCE N20D03' E 100.50' N13D51'E 923.93' THENCE N16D39'E 11.31' N25D22'E 530.09' THENCE S71D41'E 747.79' N0D11'W 522.10' THENCE N82D40'E 112.55' S0D11'E 2590.46' TO POB ALSO EXC WELD CO RD74 ROW REC3430470 SITUS: 9713 74 CR WELD 000000000 Location NORTH OF AND ADJACENT TO CR 74 AND LESS THAN 1/4 MILE WEST OF CR 21 North AGRICULTURE ZONE DISTRICTS AND TOWN OF SEVERANCE South AGRICULTURE ZONE DISTRICTS AND TOWN OF SEVERANCE East AGRICULTURE ZONE DISTRICTS AND TOWN OF SEVERANCE West AGRICULTURE ZONE DISTRICTS AND TOWN OF SEVERANCE Parcel Number: 070534400003-R4678407 Acreage: 91.81 Certified Mail Date: 05/19/2009 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.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -tractors and trailers, dump trucks, construction equipment and tow trucks. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the use is allowed through the zone district. 2009-1332 Violation Summary Report REMEDY COPIES OF REGISTRATION ON ALL TOY HAULERS AND TRAILERS SHALL BE PROVIDED TO SHOW THAT ALL VEHICLES ARE USED FOR RECREATIONAL USES ONLY. OTHERWISE THE VEHICLES WOULD BE CLASSIFIED AS COMMERCIAL AND WILL NEED TO BE REDUCED TO ONE. RECOMMENDATION THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAT THIS CASE BE REFERRED TO THE COUNTY ATTORNEYS OFFICE FOR IMMEDIATE LEGAL ACTION. LETTER HISTORY 04/06/2009 Complaint Validated 04/06/2009 LTTR: 5 Day Letter 04/27/2009 LTTR: Violation Notice 05/19/2009 LTTR: Hearing Notification OTHER CASE HISTORY 04/03/2009 Property Inspected 04/14/2009 Phone Call 05/11/2009 E -Mail Received 06/10/2009 E -Mail Sent UPON AN ON -SITE INSPECTION ON THE COMPLAINANTS PROPERTY THE FOLLOWING ITEMS WERE NOTED: TWO TOY HAULERS WITH TRUCKS AND A GOOSE NECK. ALL WITH ADVERTISING. VEHICLES ARE BEING PARKED ON THE EASEMENT OWNED BY THE PROPERTY OWNER WHO IS LOCATED IN THE TOWN OF SEVERANCE. PICTURES WERE TAKEN. RECEIVED A PHONE CALL FROM PROPERTY OWNER LARRY SHEPARD. HE SAID THE VEHICLES WERE ALL REGISTERED AS PERSONAL. HE ALSO SAID THAT HE HAS A DEED STATING HE PURCHASED THAT EASEMENT. I TOLD HIM THE PROPERTY LINE ISSUES WERE CIVIL AND WOULD NEED TO BE TAKEN UP WITH THE COMPLAINANT. EMAIL RECEIVED FROM JBL"S ATTORNEY, ROBERT HERRARA. HE PROVIDED RECEIPT FOR ONE RV WHICH DID NOT HAVE ADVERTISING ON. REGISTRATION WAS NOT PROVIDED FOR ANY OF THE VEHICLES. HE STATED THAT THERE WAS NO INTEREST IN THE SUCCESS OR FAILURE OF THE ENERGY DRINK AND THESE WERE NOT COMMERCIAL VEHICLES AND ONLY CARRIED PERSONAL EQUIPMENT (MOTORCYCLES, ATV"S, ETC) EMAIL SENT TO ATTORNEY STATING THAT REGISTRATION STILL HAD NOT BEEN PROVIDED TO OUR DEPARTMENT AND HEARINGS WILL CONTINUE AS SCHEDULED. A COPY OF THE HEARING NOTIFICATION WAS PROVIDED. Ann Siron From: Sent: To: Subject: Attachments: 09-00102.rtf (268 KB) Robert, Ann Siron Wednesday, June 10, 2009 11:32 AM 'Robert Herrera' RE: JBL Properties 9713 CR 74 09-00102.rtf Are you still representing JBL properties? I have yet to receive registration on the other vehicles on the property. Violation hearings are scheduled for June 16, 2009 at 10 a.m. should registration not be received by June 15. Attached is a copy of the latest letter sent to property owner. Thanks Regards, Ann Siron Zoning Compliance Officer 918 10 Street Greeley, CO 890631 (970) 353-6100 Ext. 3566 Original Message From: Robert Herrera [mailto:Robert@h-mlegal.com] Sent: Monday, May 11, 2009 2:10 PM To: Ann Siron Cc: Vanesa Bullock Subject: JBL Properties 9713 CR 74 Ann Siron. Please sec attached letter and photographs for your records concerning the above described property and vehicles in dispute. Thank you Robert J. Herrera HAGEN & MELUSKY LAW OFFICE 1613 Pelican Lakes Point, Suite B Windsor, Colorado 80550 (970) 686-6618 robert@h-mlegal.com vvww.h-mlegal.com <http://console.mxlogic.com/redir/?b0VdAQsLFCzASOOC_ssUCr014OWF_AtfVv3t- LtdZ5 VUQsEK6XCUR8v6oa9BRj_ 8 WvOVJ5cQsTj ohdEFI9T79ET76QTPo43 81d40mzlrUPBZ3h0gehOb9Ew4wmg81 P 1 KvxYY 1 NJ4SyrppjvKeh hdCWuWSrqnRBbR> uW SrgnRBbR> 1 NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Thank you. IRS Circular 230 Disclosure: Pursuant to regulations governing practice before the Internal Revenue Service, any U.S. tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer, or for the purpose of promoting, marketing or making recommendations to any person other than the original addressee. 2 hiDe COLORADO June 02, 2009 JBL PROPERTIES LLC 9713CR74 WINDSOR, CO 80550 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 Case: ZCV09-00102 Legal Description: PT SE4 34 7 67 EXC BEG AT NW COR SE4 E54' S0D40'E 374.3' S13D20'E 409.5' S3D E 274.6' S79D10'W 173.7' TO W LN SE4 N TO BEG ALSO EXC BEG AT NE COR SE4 W945' S75D30'E 488.3' N82D40'E 480' TO E LN SE4 N TO BEG ALSO EXC BEG SE COR OF SEC THENCE S89D20'W 1657.88' N0D10'E 30' TO PT ON INTERSECTION OF CEN LN OF ACCESS RD THENCE ALONG RD N10D40'E 54.93' N24D07'E 814.18' THENCE N20D03' E 100.50' N13D51'E 923.93' THENCE N16D39'E 11.31' N25D22'E 530.09' THENCE S71 D41'E 747.79' N0D11'W 522.10' THENCE N82D40'E 112.55' S0D11'E 2590.46' TO POB ALSO EXC WELD CO RD74 ROW REC3430470 SITUS: 9713 74 CR WELD 000000000 Dear JBL PROPERTIES LLC: 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.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in Page 1 of 2 W1�Dc� 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 ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -tractors and trailers, dump trucks, construction equipment and tow trucks. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the use is allowed through the zone district. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION COPIES OF REGISTRATION ON AL TOY HAULERS AND TRAILERS SHALL BE PROVIDED TO SHOW THAT ALL VEHICLES ARE USED FOR RECREATIONAL USES ONLY. OTHERWISE THE VEHICLES WOULD BE CLASSIFIED AS COMMERCIAL AND WILL NEED TO BE REDUCED TO ONE. 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 nrnr nnri with Ian& nnfin, violation. Our recc the action necess this violation. If yo Sincer SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. Ann Siron �) 1. Article Addressed to: Weld County Zoning Compliant J13L PrcOerktCS GREE pc: ZCV09-001 LID LLLrrL3he.cxxru .II II\ u.)‘nel.sor, CD wD L COMPLETE THIS SECTION ON DELIVERY A. Signature AV B. Receiveerby (Printed Name) sit - D. Is delivery address different from item 1? 181 Yes lanai • address below: ElNo F_ ce /(avi (',V? ❑ Agent ❑ Addressee n,7n0Q giif e`p ❑ Express Mail R ❑ Registered ❑ Return Receipt far Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (rransler from service label) 7007 1490 0004 7353 2044 10255502-M-1540 PS Form 3811, February 2004 Domestic Return Receipt Page 2 of 2 fat May 19, 2009 JBL PROPERTIES LLC 9713CR74 WINDSOR, CO 80550 Case: ZCV09-00102 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 Legal Description: PT SE4 34 7 67 EXC BEG AT NW COR SE4 E54' SOD40'E 374.3' S13D20'E 409.5' S3D E 274.6' S79D10'W 173.7' TOW LN SE4 N TO BEG ALSO EXC BEG AT NE COR SE4 W945' S75D30'E 488.3' N82D40'E 480' TO E LN SE4 N TO BEG ALSO EXC BEG SE COR OF SEC THENCE S89020'W 1657.88' NOD10'E 30' TO PT ON INTERSECTION OF CEN LN OF ACCESS RD THENCE ALONG RD N10D40'E 54.93' N24D07'E 814.18' THENCE N20O03' E 100.50' N13051'E 923.93' THENCE N16D39'E 11.31' N25D22'E 530.09' THENCE S71 D41'E 747.79' N0D11'W 522.10' THENCE N82D40'E 112.55' SOD11'E 2590.46' TO POB ALSO EXC WELD CO RD74 ROW REC3430470 SITUS: 9713 74 CR WELD 000000000 Dear JBL PROPERTIES LLC: 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.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in Page 1 of 2 COLORADO WELD COUN IV 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 ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -tractors and trailers, dump trucks, construction equipment and tow trucks. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the use is allowed through the zone district. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION COPIES OF REGISTRATION ON AL TOY HAULERS AND TRAILERS SHALL BE PROVIDED TO SHOW THAT ALL VEHICLES ARE USED FOR RECREATIONAL USES ONLY. OTHERWISE THE VEHICLES WOULD BE CLASSIFIED AS COMMERCIAL AND WILL NEED TO BE REDUCED TO ONE. 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 ` _ - . " this violation. If you h• Sincer y, Ann Siron Zoning Compliance pc: ZCV09-00102 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. . Articie Add d to: JBL rPropey-I-Its L -LC 617/3 CC -7LI 1,0,ificisOr Co raGeb COMPLETE THIS SECTION ON DELIVERY A. Signature X - .-Rece e� by (Printed Name)to of D rvery -� (.4-i 'IS ❑ Agent ❑ Addressee D. Is delivery a ress different from Item 1! O Yes If YES, enter delivery address below: O No 3. Servjpe Type rtlfied Mall O Express Mall Registered O Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 7005 1160 0001 4539 2079 102595-02-M-1540 Kim Ogle From: Sent: To: Subject: Ann Siron Monday, May 11, 2009 2:04 PM Kim Ogle FW: JBL Properties 9713 CR 74 Attachments: KMBT20020090511134734.pdf; Unnamed.jpg; Burgandy demo 003.JPG; Burgandy demo 004.JPG; Burgandy demo 005.JPG r KMBT20020090511 Unnamed.jpg (215 Burgandy demo Burgandy demo Burgandy demo 134734.pdf (234... KB) 003.JPG (150 KB)...004.JPG (160 KB)...005.JPG (158 KB)... Would you look this over then we can discuss.... Original Message From: Robert Herrera [mailto:Robert@h-mlegal.com] Sent: Monday, May 11, 2009 2:10 PM To: Ann Siron Cc: Vanesa Bullock Subject: JBL Properties 9713 CR 74 Ann Siron, Please see attached letter and photographs for your records concerning the above described property and vehicles in dispute. Thank you Robert J. Herrera HAGEN & MELUSKY LAW OFFICE 1613 Pelican Lakes Point, Suite B Windsor, Colorado 80550 (970) 686-6618 robert@h-mlegal.com www.h-mlegal.com <http://console.mxlogic.com/redir/?b0VdAQsLFCzASOOC_ssUCr014OWF_AtfVv3t- LtdZ5VUQsEK6XCUR8v6oa9BRj_ 8WvOVJ5cQsTjohdEFI9T79ET76QTPo4381d40mzlrUPBZ3h0gehOb9Ew4wmg81P1KvxYY1NJ4SyrppjvKehhdCWuWS rqnRBbR> NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it. Thank you. IRS Circular 230 Disclosure: Pursuant to regulations governing practice before the Internal Revenue Service, any U.S. tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer, or for the purpose of promoting, marketing or making recommendations to any person other than the original addressee. 1 Hagen & Melusky Law Offices 1613 Pelican Lakes Point Suite 13, LowerLowcr Level WIndsnq I.olamco x055(1 ph: (970) 6X6{613 fs: 19711) 656.2599 ''v'vv h-mlc(mi coin May 11, 2009 Ann Siren Weld County Planning Department Zoning Compliance Officer 918 10th Street Greeley, Co. 80631 970.353.6100x3566 370.304.3498 Fax asiron(a co.weld.co.us RE: JBL Properties, LLC — Weld County Zoning Complaint Dear Ms. Siron: This letter shall provide notice this office has been retained to respond to correspondence originating from the Weld County Planning Department dated April 27, 2009 informing property owner above of Weld County zoning complaint. The complaint alleges property owners may be in violation of Weld County Code 23-3-30 which states in pertinent part: Parking and operation of one (I) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size...Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than eighty (80) acres in size when used to haul agricultural goods, equipment or livestock... Unfortunately the code section cited fails to address the situation that we believe currently exists. Parking and operation of "commercial vehicle" on property of greater than eighty (80) acres not used to haul agricultural goods, equipment or livestock. JBL Properties owns 134.70 adjoining acres of property in the subject location, exceeding the eighty (80) acre threshold of the code. Property owners concede the vehicles in question are not used for agricultural purposes. The vehicles are used to haul the family and friends of the property and vehicle owner around the Hagen & Melusky Law Offices 1613 Pelican Lakes Poinl Suite 13. Lower Level esnd.i,r. 30550 ph: (970) 6X6-66(8 it: (970) 636-2899 country for various recreational activities. The vehicle is also utilized to pull a trailer containing various instruments of recreation ranging from ATVs to motorcycles. Pursuant to your request, I am obtaining the registrations of the various vehicles and toy haulers in question. I have provided registration for one Chevrolet Express for your records purchased by Terry L. Smith. Upon receipt I will forward additional invoices and registrations to your office in a timely fashion. The vehicles purpose and use has been for recreational activities and therefore should not be considered by the Weld County Planning Department as a commercial vehicle. The only commercial aspect of the vehicle is that it is graphically wrapped with the business information of Shocker Energy Drink ("Shocker"). Property owner JBL Properties LLC does not own or have a vested interest in the success or failure of Shocker. The vehicle(s) graphically wrapped are not utilized as a point of sale for any transactions. The vehicles are simply wrapped with Shocker company logo and information. Shocker Energy Drink is owned in equal shares by Lan -y Shepard, Billy Shepard, Travis Shepard, and Terry Smith. Shocker is an energy drink that has found success among young adult males customers and utilizes non-traditional trade marks, service marks, and advertising that some individuals may find inappropriate. Fortunately, the First Amendment of the Constitution protects Shocker's trade marks, service marks, and advertising and Shocker intends to take the necessary steps to validate its protected interest. Based upon the foregoing information it is requested that the complained of violation be dismissed by the Weld County Planning Department. I look forward to your prompt attention to this matter, should you have any additional questions or concerns please do not hesitate to contact me. Sincerel RJH/ Robert J. Herrera, Esq. Hagen & Melusky, Inc. cc: Mr. Bill Shepard, JBL PROPERTIES, LLC Encl: Chevrolet Express purchase order ww‘v_h-n legal cum imp Dellenbach MOTORS CHF VROLC-r. CA DII I. AC* st,IrsARD 3111 S. COLLEGE AVENUE 3107 E. COLLEGE AVENUE FORT COLLINS, CO S0525 FORT COLLINS, CO $0626 (970) 226-2431 (970)226.2100 Salesman CHARLES F STANORING Purchaser TFRFY 1 IF CMT TN Address In PAVIA AVE City fill f FTTF state Dale r14!Q1 / 9 uy Phone Zip Code_, $[?710 Make Ordered Year Cyi. Model Type Color - +V CHEVROLET 20 EXPRESS PV NHI 1GCFC115X381Z24502 Stock Number A391/A Mileage 10159 $ el USED CAR TRADE IN: MAKE YEAR 1•:$I S MODEL BODY SERIAL # MILEAGE READING COLOR CYLINDERS PAYOFF TO CITY/STATE AMOUNT NIA If balance owed is estimated, upon verilitatlon, buyer agrees to pay amount exceeding this figure, x Customer guarantees to reside pay difference to dealer in cash. x in a 3-0% nn tax area or will Customer guarantees emission equipment on trade-in has not been removed or tampered with unless dealer has been notified in writing at time of delivery. x Customer guarantees to provide a tree and clear tiria to tsear e 3 days of delivery t, arrangements are made with dealer. If not, customer back' the trade -In for the trade-in allowance on this X t.,TOTAL non -salvage unless r will buy Buyers Order. PRICE OF UNIT $ 14301 -00 Trade in Allowance N A "Used Car Buyers Guide. The Information you see dew form for this vehicle is part of this contract. the window form overrides any contrary provisions contract of sale? on the win- Information on N. Difference 30 00 in the Delivery and Handling $ . Type of Guarantee:• Any used motor vehicle sold to Purchaser by this Order is sold at the time of delivery by Dealer "with all faults' and without any guarantee expressed or implied, including any implied MERCHANTABILITY or fitness for a particular to Its condition or the condition of any part thereof may be otherwise specifically provided in writing face of the Order or in a separate writing Purchaser by Dealer. accept the terms on the type of warranty stated above is shown on the bow, , ---P Signature 15�`c- - Net. Taxable Difference . . $ Dealer under Sales Tax City $ If/Attie $ N/A "es is" or or warranty,1459 Total Cash Trade Price 50 warranty of purpose, as Payoff Owed on Trade In / except as on the Sub Total _ furnished to Cash Deposit $ NSA N A N and terms BALANCE DUE ON DELIVERY s 1459 • . 50 CUST •S 24219 DEAL N0. 1594$ _� Purchasers Signature : or shall not atome binding until accepted by dealer or his authorized representative. / _-_.._.. Accepted by: CAUTION:'' THIS AGREEMENT CONSISTS OF TWO PAGES. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS. BUYER(S) HEREBY ACKNOWLEDGE RECEIPT OF A COPY OF THIS AGREEMENT. Xv>nlb u40.n.a,b Rotat:^.o Ixng April 27, 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-Maitasiron@co.weld.co.us JBL PROPERTIES LLC 9713CR74 WINDSOR, CO 80550 Case: ZCV09-00102 Legal Description: PT SE4 34 7 67 EXC BEG AT NW COR SE4 E54' SOD40'E 374.3' S13D20'E 409.5' S3D E 274.6' S79D10'W 173.7' TOW LN SE4 N TO BEG ALSO EXC BEG AT NE COR SE4 W945' S75D30'E 488.3' N82D40'E 480' TO E LN SE4 N TO BEG ALSO EXC BEG SE COR OF SEC THENCE S89O20'W 1657.88' NOD10'E 30' TO PT ON INTERSECTION OF CEN LN OF ACCESS RD THENCE ALONG RD N10D40'E 54.93' N24D07'E 814.18' THENCE N20D03' E 100.50' N13D51'E 923.93' THENCE N16D39'E 11.31' N25D22'E 530.09' THENCE S71O41E 747.79' NOD11'W 522.10' THENCE N82D40'E 112.55' S0D11'E 2590.46' TO POB ALSO EXC WELD CO RD74 ROW REC3430470 SITUS: 9713 74 CR WELD 000000000 Dear: JBL PROPERTIES LLC : 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.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. (Weld County Codification Ordinance 2000-1; Weld County Code Ordinance 2001-1; Weld County Code Ordinance 2002-9; Weld County Code Ordinance 2003-10; Weld County Code Ordinance 2006-2; Weld County Code Ordinance 2006-4) COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -trailers, dump trucks, construction equipment, railroad cars and Page 1 of 2 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 cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. To bring your property into compliance with the Weld County Code: AS DISCUSSED DURING A PHONE CONVERSATION COPIES OF REGISTRATION ON ALL TOY HAULERS AND TRAILERS SHALL BE PROVIDED TO SHOW THAT ALL VEHICLES ARE USED FOR RECREATIONAL USES ONLY. OTHERWISE THE VEHICLES WOULD BE CLASSIFIED AS COMMERCIAL AND WILL NEED TO BE REDUCED TO ONE. 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 05/11/2009, 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. Ann Siron Zoning Compliance Officer pc: ZCV09-00102 Page 2 of 2 Ann Siron From: Sent: To: Subject: Attachments: Ann Siron Thursday, April 09, 2009 3:09 PM Dave Long; Stephanie Arries; Kim Ogle FW: Weld County Easement problem 09-00102.rtf 09-00102.rtf (32 KB) Dave and Stephanie, LarN Sum q, -to 3O1 l l (D Attached is the 5 -day letter sent to the property owner JBL Properties who owns the large vehicles being parked on the complainant, Kevin Cameron, property. I meet with Kevin on -site last Friday and took my own pictures. Emails were sent on Monday to the Code Enforcement Officer for Severance and Pete Jones with the Sherriffs Department asking if there was anything they could enforce from their end. I have not heard back from Severance and will attempt to contact him again tomorrow and I did receive a phone call from Deputy Pete Jones. He says that he cannot do anything but that he would call the property owner and ask him to move the vehicles but he could not enforce anything as he is not breaking any laws. The complainants concern is that the neighbor, JBL Properties, stated he knew the officer in the area and they were friends so this is why nothing has been done when another neighbor made attempts to rectify the situation through the S.O. At this point I will again try to speak with the Town of Severance and see what Pete Jones says after he speaks to the neighbors. As far as what I am capable of doing from the zoning side of things I will ask that the property owner provide registration for the vehicles and see if they are registered as commercial or recreational vehicles. If they are registered commercially all I can ask is that he reduce the vehicles to 1 commercial vehicle as a use by right in the Ag zone district. I have no jurisdiction in telling him where he HAS to park the vehicles. If the vehicles are registered as recreational, at that time, staff will need to determine how to proceed by either dismissing the case and telling Mr. Cameron it's a civil issue or proceeding through a violation hearing and allowing the Board to decide. Please call me with any other questions or concerns. I will try to keep everyone updated as I receive more information. From: Elizabeth Strong Sent: Wednesday, April 01, 2009 4:13 PM To: Stephanie Arries Subject: FW: Weld County Easement problem Ann Siron From: Sent: To: Subject: Hi Pete, Ann Siron Tuesday, April 07, 2009 2:09 PM Peter M. Jones parking on Severance easement I'm the North Code Enforcement Officer for Weld County. I received a complaint last week regarding someone whose property is located in unincorporated Weld County that is parking their personal and commercial vehicles on a neighbors utility easement whose property is located within the town of Severance. I was wondering if there are any laws regarding this issue which may rectify this problem. With the property owner being in my jurisdiction and the vehicles that are causing the problem are being parked in another jurisdiction I'm not entirely sure which direction to take on this, any assistance or information you would be able to provide would be extremely appreciated. Thanks in advance for you time! I also left you a voicemail regarding this complaint. I attempted to email this to Rick Bauer as he is the one that shows up as the officer for Severance on our website but the email was returned undeliverable. 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 1 Ann Siron From: Sent: To: Subject: Hi John, Ann Siron Tuesday, April 07, 2009 1:59 PM 'code@townofseverance.org' parking on easements I'm a Code Enforcement officer for Weld County. I received a complaint regarding a property owner who lives in unincorporated Weld County parking their commercial vehicles and RV's on the complainants easement who resides IN the town of Severance. I was curious as to whether or not you regulate vehicles or equipment being parked on utility easements in town or if I should perhaps work with a deputy in an attempt to rectify the situation. Thank you in advance for your response. 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 1 April 06, 2009 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 4566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us JBL PROPERTIES LLC 9713CR74 WINDSOR, CO 80550 Case: ZCV09-00102 Legal Description: PT SE4 34 7 67 EXC BEG AT NW COR SE4 E54' S0D40'E 374.3' S13D20'E 409.5' S3D E 274.6' S79D10'W 173.7' TOW LN SE4 N TO BEG ALSO EXC BEG AT NE COR SE4 W945' S75D30'E 488.3' N82D40'E 480' TO E LN SE4 N TO BEG ALSO EXC BEG SE COR OF SEC THENCE S89D20'W 1657.88' N0D10'E 30' TO PT ON INTERSECTION OF CEN LN OF ACCESS RD THENCE ALONG RD N10D40'E 54.93' N24D07'E 814.18' THENCE N20D03' E 100.50' N13D51'E 923.93' THENCE N16D39'E 11.31' N25D22'E 530.09' THENCE S71D41'E 747.79' N0D11'W 522.10' THENCE N82D40'E 112.55' S0D11'E 2590.46' TO POB ALSO EXC WELD CO RD74 ROW REC3430470 SITUS: 9713 74 CR WELD 000000000 Dear JBL PROPERTIES LLC: 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: COMMERCIAL VEHICLES BEING PARKED ON THE PROPERTY WITHOUT APPROPRIATE PERMITS. 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. Sincerel An Siron Zoning Compliance Officer pc: ZCV09-00102 owS Page 1 of 1 G YOU'RE GONNA MAKE A 3[E vt I F0UICATIONSTAKIVGPLA Lot 5, Fox Ridge Town of Severance, couni.-v of Weld, State of Loo Li N .tit.1O11 c. O0 .V 811":57-'10"r1 219.90 & CAF Identify Results Page 1 of 2 JBL PROPERTIES LLC Account#: R4678407 Tax Area: 0430 Acres: 91.81 Township Range Section Quart. Sec. Subdivison Name Block# Ldt# 07-67-34-4 WELD COUNTY ASSESSOR PROPERTY PROFILE Parcel#: 070534400003 Bordering County: Owners Name & Address: {� Property AAdtess: liiOC-itek Street: 9713 74 CR 9713 CR 74 L..-' City: WELD WINDSOR, CO 80550 Business/Complex: / /C-C.K /2J a ( / Sale Date (foil Sale Price $0 s Summary Deed Typ Legal Description "COCA ione 6-4 Atak Reception # PT SE4 34 7 67 EXC BEG AT NW COR SE4 E54' 50040'E 374.3' S13020'E 409.5' 53D E 274.6' 579010'W 173.7' TOW LN SE4 N TO BEG ALSO EXC BEG AT NE COR SE4 W945' 575D30'E 488.3' N82D40'E 480' TO E LN SE4 N TO BEG ALSO EXC BEG SE COR OF SEC THENCE 589020'W 1657. Land Type Agricultural Agricultural Agricultural Agricultural Land Subtotal: Bldg# 1 2 Abst Code 4117 4117 4147 4147 Property Type Residential Out Building Improvements Subtotal: Total Property Value Account#: R4678407 Owners Name & Address: JBL PROPERTIES LLC 9713 CR 74 WINDSOR, CO 80550 Building# 1 Land Valuation Summary Unit of Number of Measure Units Acres Acres Acres Acres 60.78 24.83 3.96 2.24 91.81 Buildings Valuation Summary Building Details Property Type Residential Actual Value $37,373 Actual Value $318,O47 $355,42O Property Address: Street: 9713 74 CR City: WELD Assessed Value $10,84O Assessed Value $34,39O $45,230 Parcel#: 070534400003 http://maps2.menick. com/W ebsite/ W eld/setSgl.asp?Cmd=QUERY&DET=PP&pin=0705 34... 4/2/2009 Identify Results Page 2 of 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Ranch 1 Story Frame Stucco Drywall 2 2 1 4 Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1997 Central Air to Air 1777 Gable Composition Shingle Units: 0 624 Detached SQ Ft: 0 1777 Finished SQ Ft: 1777 Account#: R4678407 Parcel#: 070534400003 Owners Name & Address: ]BL PROPERTIES LLC 9713 CR 74 WINDSOR, CO 80550 Building# 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 9713 74 CR City: WELD Property Type Out Building Individual Built As Detail Shed - Equipment Year Built: HVAC: 0 0 1 0 Built As SQ Ft: Roof Type: Roof Cover: 1995 None 5000 Units: 0 Detached SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=070534... 4/2/2009 http://maps2.merrick. com/MerrickIMS/ims?ServiceName=weldovr&Form=True&Encode=... 4/2/2009 http://maps2.memck. com/MerricklMS/ims? S erviceName=weldovr&Form=True&Encode=... 4/2/2009 WE�'Yc. COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 101b Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated bey: Zeje -tO 1O a is ZONING CODE COMPLAINT 0 Staft/Name. iH<Citizen 0 Other O HEALTH DEPARTMENT Citizen's Name (If known) ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known) ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS / PEST & WEEDS Date Complaint was received: Pending Case # (i.e. USR, RE, SE, ect...): el —/ Legal Description: Parcel #: Violation Address: Property Owners Name: Phone: Property Owners Address: Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: Additional Notes: Jj 1 d3 it f � l i f _4 W, W CL 0 CCO %. > J' mN CZ :SO- 1 J r r H l ere -p.- J ii 5 tit II G Z 1213 I 1 '11 .d3 4 Shocker (hand gesture) From Wikipedia, the free encyclopedia The shocker, also known colloquially as "two in the pink, one in the stink",[11[2] J[2] is a hand gesture with a sexual connotation. The ring finger and thumb are curled or bent down while the other fingers are extended. The index and middle fingers are kept together (touching) and the back of the hand faces outwards (away from the gesturer). The gesture refers to the act of inserting the index and middle fingers into a vagina and the little finger into the unwitting anus, hence the "shock". Contents • 1 Occurrences in culture • 2 See also ■ 3 References ■ 3.1 Notes ■ 4 Further reading Occurrences in culture The shocker as a hand gesture has been used as "Big Shocker", a derivative of the foam finger that displays the shocker on an oversized foam glove sold by CollegeHumor. Wichita State University students use the shocker at basketball.J41[51[6] There is a song by Peaches about the shocker called "Rock The Shocker". As for the actual use of the shocker, a columnist at EXHIBIT i {�K Example of the shocker. • The shocker should not be confused with similar looking hand gestures such as "The Pitchfork," (pictured above) which is a hand signal used at Arizona State University. (notice the spacing between the Index and middle finger)131 Shocker (hand gesture) - Wikipedia, the free encyclopedia Page 2 of 2 2. A McKinnis, Alexis (April 3, 2008). "advice - alexis on the sexes - Shock and ow - The shocking truth about a much -hyped sexual gesture.". Edition: METRO, Section: VITA.MN. Star Tribune: Newspaper of the Twin Cities (Minneapolis, MN). 35. http://www.encyclopedia.com/doc/1G1-177617235.html. Retrieved on 2008- 12-11 3. ^ a b Arizona State University. "Show your pride in ASU properly!", asu.edu. (Accessed Nov 14, 2008). 4. A Hume, Mike. "Picking Splinters March's Ls & Ws", online issue for March 23 - March 29, 2006; retrieved November 29, 2007. 5. A Sterger, Jenn. "Shockers and Ducks ... Oh my!", Sports Illustrated. February 14, 2007; retrieved November 29, 2007. 6. A Clay, Travis. "ClayNation: Those nice cheerleaders are doing WHAT?", Sportsline.com March 24, 2006; retrieved November 29, 2007. Further reading • The Strange Case of the Hanover High Shocker, rotten.com • White, Kevin, Photo raises a furor in Carroll, Omaha World -Herald, August 29, 2007 • McKinnis, Alexis (April 17, 2008 2008). "advice- alexis on the sexes- Shocker , take 2 - Users discover the ' 97 genesis of the Shocker.". Edition: METRO, Section: VITA.MN. Star Tribune: Newspaper of the Twin Cities (Minneapolis, MN). 43. http://www.encyclopedia.condcloc/1G1- 178190847.html. Retrieved on 2008-12-11. Retrieved from "http://en.wikipedia.org/wiki/Shocker_(hand_gesture)" Categories: Gestures Anal eroticism • This page was last modified on 11 May 2009, at 12:52 (UTC). • All text is available under the terms of the GNU Free Documentation License. (See Copyrights for details.) Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a U.S. registered 501(c) (3) tax-deductible nonprofit charity. http://en.wikipedia.org/w/index.php?title=Shocker_(hand_gesture)&printable=yes 5/18/2009 EXHIBIT (3C. Prove r icfo 1� EXHIBIT �IU Y'(94. ;,� . Hello