HomeMy WebLinkAbout20090840RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST JOSE CHAVEZ 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, Jose Chavez, ZCV #0800380, 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 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, Jose Chavez, 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 January 14, 2010, to allow adequate time for the property owner to complete the
construction of the stick house and to schedule and complete all inspections for the Temporary
During Construction Mobile Home Zoning Permit within two (2) weeks, or this case will be referred
to the County Attorney's Office for immediate legal action.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV #0800380 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Jose Chavez 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 January 14, 2010, to allow adequate time for the property owner to
complete the construction of the stick house, and to complete all the inspections for the Temporary
During Construction Mobile Home Permit within the next two (2) weeks, to bring the subject
property into compliance.
Lft . (3L,
2009-0840
PL0824
O 7 le, 10 �I
VIOLATIONS - ZCV #0800380 - JOSE CHAVEZ
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.
BOARD OF CODU TY COMMISSIONERS
WELD COUNTi', COLORADO
2
ATTEST: AS
Weld County Clerk to th
BY
PPR£fdVED AS T� FORM:
ounty Attorney
Date of signature. 1/-- /d 2
William F. Garcia, Chair
XCUSED
Douglas Rademacher, Pro -Tern
EXCUSED
Sean P. Conway
J;1
Barbera Kirkmeyer�
David E. Long
A.
2009-0840
PL0824
Violation Summary Report
BASIC INFORMATION
CHAVEZ JOSE
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
8396 CR 8 BRIGHTON, CO 80603
Bethany Salzman
ZCV08-00380
8396 CR 8
PT N2NW4 21-1-67 LOT A REC EXEMPT RE -3309 (.27R) SITUS: 8396 8 CR
WELD 000000000
Location: Location South of and adjacent to CR 8 and approximately 1/2 East
ofCR17
North Agriculturally Zoned properties and South of adjacent to
Dacono's IGA boundary
South Agriculturally Zoned properties
East Agriculturally Zoned properties
West Agriculturally Zoned properties and approximately 1 mile
East of Dacono municipal limits
Parcel Number: 146921200080-R2935004 Acreage: 2.77
Certified Mail Date: 03/17/2009
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.
23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land
created under the provisions of Chapter 24, Article VIII of this Code.
23-3-30 Accessory uses.
23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this
Chapter.
REMEDY
Currently there is a mobile home situated on the property which was initially permitted as a "Temporary
during Construction". The time limit for a "Temp during Construction" is expired. I have left voice mails
asking you to contact this office to arrange an appointment to discuss some new developments regarding
this violation, but have not heard back.
RECOMMENDATION
The Department of Planning Services recommends this case be forwarded to the County Attorney's Office
for immediate legal action.
LETTER HISTORY
11/26/2008 Complaint Validated
11/26/2008 LTTR: 5 Day Letter
02/11/2009 LTTR: Violation Notice
03/17/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
12/04/2008 Phone Call
Jose Chavez (303-829-1920) called. He said he got my
letter. I spoke to Wendi and called him back. We are only
requiring him to submit a letter stating he can"t afford to
finish his stick -built principle dwelling unit, so he needs to
convert his mobile home from a temporary during
construction to a principle dwelling unit, until he can again
afford his stick built house. He also needs to submit $75.
Wendi will send it out to all the surrounding
2009-0840
Violation Summary Report
property owners.
12/05/2008 Other Peggy arranged with the South office for Jose to also
re-sign the building permit and change it from a Temporary
during Construction to a Principle Dwelling Unit - No
building permit fee per Tom Honn.
12/05/2008 Office Visit Jose Chavez went to the Southwest Office. He dropped off
a letter stating he couldn"t finish building his house and he
needed to use the mobile home as a principle dwelling. He
also re-signed the building permit, but Maureen did not
charge him the $75 necessary to process the Zoning
Permit.
12/16/2008 Phone Call I called Jose Chavez (303-829-1920) and left him a
message indicating that he needed to come back into the
office and pay the $75. There was some miss -information
and I apologized for the inconvenience.
02/04/2009 Phone Call I left a message for Jose Chavez (303-829-1920) asking
him to call me back. We need to have a meeting to discuss
the mobile home.
03/17/2009 Property Inspected Upon a visual inspection of the property, the following items
were noted: mobile home and stick built house. See
pictures dated 03/17/09.
March 17, 2009
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E -Mail: bsalzman@co.weld.co.us
CHAVEZ JOSE
8396 CR 8
BRIGHTON, CO 80603
Case: ZCV08-00380
Legal Description:
PT N2NW4 21-1-67 LOT A REC EXEMPT RE -3309 (.27R) SITUS: 8396 8 CR WELD 000000000
Dear CHAVEZ JOSE:
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.
23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land
created under the provisions of Chapter 24, Article VIII of this Code.
23-3-30 Accessory uses.
23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of
this Chapter.
To bring your property into compliance with the Weld County Code:
Currently there is a mobile home situated on the property which was initially permitted as a
"Temporary during Construction". The time limit for a "Temp during Construction" is expired.
have left voice mails asking you to contact this office to arrange an appointment to discuss
some new developments regarding this violation, but have not heard back.
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.
Page 1 of 2
0004 7353 1597
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COLORADO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E -Mail: bsalzman@co.weld.co us
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,
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV08-00380
U.S. Postal Service.
CERTIFIED MAIL, RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
hot To/
M1 or PO Box No Lef v
CiN. State, ZIP+
thaw asias
PS Form 3800. August 2006
Postmark
Here
`60 coD5
See Reverse for Instructions
Page 2 of 2
Att\s\
1111De
COLORADO
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@co.weld.co.us
February 11, 2009
CHAVEZ JOSE
8396 CR 8
BRIGHTON, CO 80603
Case: ZCV08-00380
Legal Description: PT N2NW4 21-1-67 LOT A REC EXEMPT RE -3309 (.27R) SITUS: 8396 8 CR
WELD 000000000
Dear: CHAVEZ JOSE :
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.
23-3-20.A One (1) Single Family Dwelling Unit and Auxiliary quarters on a parcel of land
created under the provisions of Chapter 24, Article VIII of this Code.
23-3-30 Accessory uses.
23-3-30.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this
Chapter.
To bring your property into compliance with the Weld County Code:
Currently there is a mobile home situated on the property which was initially permitted as a
"Temporary during Construction". The time limit for a "Temp during Construction" is
expired. I left a message on your voice mail last week asking you to contact this office to
arrange an appointment to discuss some new developments regarding this violation.
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
03/11/2009, 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.
filiktt\
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@co.weld.co.us
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,
Bethany Salzma
Zoning Compliance Officer II
pc: ZCV08-00380
Wendi Inloes, Planning Coordinator
Peggy Gregory, Building Compliance Officer
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Maureen Connelly
From:
Sent:
To:
Cc;
Subject:
Attachments:
Bethany Salzman
Thursday, December 04, 2008 428 PM
Jacqueline Hatch; Michelle Martin; Maureen Connelly; Frank Piacentino
Wendilnloes
Chavez, Jose "ZCV08-00380"
Image001jpg
Since I do not know who
Personnel. Thank -you
Mr. Jose Chavez will be coming into the SW office tomorrow (12/05/08) sometime after 1 -
He needs to submit a letter stating that he is unable to afford to continue working on a
stick built principle dwelling unit and as such would like to convert his mobile home from
a Temporary during Construction to a Principle Dwelling Unit until his finances are able
start construction on the stick built home again.
wendi is not requiring any application paperwork other than the above referenced letter
and a $75 fee.
will be there when or if he shows up - I am sending this to all SW
Please take his letter and give him a receipt for his $75 - ZPMH Revision - thank -you
againI!!1!!
Bethany Salzman
zoning Compliance Officer II
918 loth St
Greeley, CO 80631
(910)353-6100 Ext. 3555 (ottice)
(970)304-6498 (fax)
bsalzmaneco.weld.co.us
Please tell us how we're doing:
http://www.co.weld.co.us/departments/planning/comp_improve_commenta.cfm
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December 1, 2008
CHAVEZ JOSE
8396 CR 8
BRIGHTON, CO 80603
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone 970-353-6100 X 3555
FAX: 970-304-6498
E -Mail: bsalzman@co.weld.co.us
Case: ZCV08-00380
Legal Description: PT N2NW4 21-1-67 LOT A REC EXEMPT RE -3309 (.27R) SITUS: 8396 8 CR WELD
000000000
Dear CHAVEZ JOSE:
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:
Currently the mobile home is permitted through the Zoning process as a "Temporary during
Construction". It has been brought to my attention that you are wanting to change it from a
'temporary use' to a "Principle Dwelling Unit". In order to make this change a new Zoning
Permit for a Mobile Home as a Principle Dwelling Unit must be submitted to this office. For
your convenience, I am enclosing a ZPMH application with this letter.
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,
Bethany Salzman
Zoning Compliance Officer II
pc: ZCV08-00380
Page 1 of 1
Identify Results
Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Parcel#: 146921200080
Account#: R2935004
Tax Area: 2501 Bordering County:
Acres: 2.5
Township Range Section Quart. Sec.
01-67-21-2 -
Owners Name & Address:
CHAVEZ JOSE
8396 CR 8
BRIGHTON, CO 80603
Business/Complex:
Sale Date
Sale Price
$0
Subdivison Name Block# Lot#
Property Address: i
Street: 8396 8 CR /
City: WELD
Sales Summary
Deed Type
Legal Description
Reception #
PT N2NW4 21-1-67 LOT A REC EXEMPT RE -3309 (.27R) SITUS: 8396 8 CR WELD 000000000
Land Type
Agricultural
Land Subtotal:
Bldg#
1
2
Abst Code
4127
Property Type
Out Building
Out Building
Improvements Subtotal:
Total Property Value
Account#: R2935004
Land Valuation Summary
Unit of Number of
Measure Units
Acres 2.5
2.5
Buildings Valuation Summary
Building Details
Actual Value
$186
Actual Value
$4,415
Owners Name & Address: Property Address:
CHAVEZ JOSE Street: 8396 8 CR
8396 CR 8 City: WELD
BRIGHTON, CO 80603
Building#
Built As:
Exterior:
Property Type
Out Building
Individual Built As Detail
Shed - Utility Year Built:
HVAC:
Assessed
Value
$50
Assessed
Value
$1,280
$4,601 $1,330
Parcel#: 146921200080
2002
None
http://maps2.men-ick.com/Website/W eld/setSgl.asp?emd=QUERY&DET=PP&pin=1469... 11/26/2008
Identify Results Page 2 of 2
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Account#: R2935004
Owners Name & Address:
CHAVEZ JOSE
8396 CR 8
BRIGHTON, CO 80603
Building#
2
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
0
0
1
0
Property Type
Out Building
Built As SQ Ft:
Roof Type:
Roof Cover:
400
Units: 0
Detached SQ Ft:
Finished SQ Ft:
Property Address:
Street: 8396 8 CR
City: WELD
Individual Built As Detail
Shed - Cattle Year Built:
HVAC:
0
0
1
0
Built As SQ Ft:
Roof Type:
Roof Cover:
Parcel#: 146921200080
2002
None
840
Units: 0
Detached SQ Ft:
Finished SQ Ft:
http://maps2.merrick.com/W ebsite/We1d/setSgl.asp?Cmd=QUERY&DET=PP&pin=1469... 11/26/2008
Wi�Dc.
rito
COLORADO
EPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10"' Street, Greeley, CO 80631
Phone: (97O) 353-6100, Ext. 3540
Fax: .(970) 304-6498
ZONING and/or BUIi7SING CODE COMPLAINT FORMS
Complaint Initiated by:
ZONING CODE COMPLAINT 1, Staff/Name. ❑ Citizen ❑ Other:
❑ 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 7 ,
C.h-t�1a''ZZ9
Pending Case 4 (i.e. USR, RE, SE, ect...): t�1�� 1- (AC/US
�-LvIL�
Legal Description: L- kec et' o 'I toa,k) (A'('I OF iy1 1L) Parcel 4: ALKI-1'a‘-;1-0-1)-OSC(1
Date Complaint was received: k 1" act -L igs
Violation Address: iSFU, (XL 2)
Property Owners Name: eik' 3 �i - Phone:
\Property Owners Address: ''lg5\'{rXli
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: 2lP
IN'_1Kcvi, cc- (mi e -6C\ YU:f-k-in
Additional Notes:
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111111c.
COLORADO
November 24, 2008
JOSE CHAVEZ
8396 CR 8
BRIGHTON CO 80603
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
E-mail Address: pgregory(Wco.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
Subject: BCV08-00161, Part of the N2NW4 of Section 21, Ti N, R67W of the 6'h P.M., Weld County, Colorado
Dear Mr. Chavez:
It has been determined that the property located at 8396 County Road 8 is currently in violation of the following Section
of the Weld County Code:
Section 29-7-10 "Permit required."
Permit number MFG07-01068 was issued for a temporary during construction mobile home while your new single family
dwelling was being built but the home permit (BCS-060313) has been withdrawn, as you requested, due to not being
able to continue with construction at this time. You are now occupying the mobile home as a principal dwelling and it
needs to be permitted as such.
Failure to submit a permit application and all applicable documentation within 30 (thirty) days from November 24, 2008,
will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer
the case to the County Attorney's Office for legal action.
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.
Pegggory
Building Compliance Officer
pc: BCV08-00161
M FG07-01068
ZPMH-2529
Wendi Inloes, Planning Coordinator
Bethany Salzman, Zoning Compliance Officer
Hello