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Home My WebLink About20090349.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0800372 AGAINST SEVERIANO AND ANDREA BRICENO 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, Severiano and Andrea Briceno, ZCV #0800372, 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 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, Severiano and Andrea Briceno 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 Severiano and Andrea Briceno 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. (C; a, l//ac- 2009-0349 PL0824 �-os o9 VIOLATIONS - ZCV #0800372 - SEVERIANO AND ANDREA BRICENO 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 th BY. APP Deputy Clerk o the Board orney Date of signature - BOARD OF COUNT OMMISSIONERS WELD c0 William F. Garcia, Chair RADO ug as ademacher, ' o-Tem Sea P. Conway 2009-0349 PL0824 Violation Summary Report BASIC INFORMATION BRICENO SEVERIANO & ANDREA Tenant: 4633 ZION DR GREELEY, CO 80634 Compliance Officer: Ann Siron Violation Number: ZCV08-00372 Situs Address: 4633 ZION DR Legal: 2HP12-2 L2 BLK12 HILL -N -PARK 2ND FILING SITUS: 4633 ZION DR WELD 00000 Location: Location North of and adjacent to 49th Street and East of and adjacent to 47th Avenue North Evans city limits, some Agriculture and Estate zone distrcts South Evans city limits, some Agriculture and Estate zone districts East Evans city limits, some Agriculture zone districts West Evans city limits, some Agriculture and Estate zone districts Parcel Number: 095926411019-R2717586 Acreage: 0.15 Certified Mail Date: 01/09/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.8 Uses Allowed by Right. 23-3-150.C. Accessory Uses. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. 2009-0349 Violation Summary Report 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. REMEDY THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, DEBRIS IN THE BACK OF PICK UP, HOUSEHOLD ITEMS, TIRES, DOOR, AUTOMOBILE PARTS AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED FROM THE PROPERTY. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. LETTER HISTORY 11/21/2008 Complaint Validated 11/21/2008 LTTR: 5 Day Letter 12/01/2008 LTTR: Violation Notice 01/09/2009 LTTR: Hearing Notification OTHER CASE HISTORY 11/20/2008 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: DERELICT VEHICLES, FLAT TIRES, DEBRIS IN BACK OF TRUCK, HOUSEHOLD ITEMS, TIRES, DOOR, AUTOMOBILE PARTS ON THE SIDES OF THE HOUSE. 01/08/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: DERELICT VEHICLES, FLAT TIRES, DEBRIS IN BACK OF TRUCK, HOUSEHOLD ITEMS, TIRES, DOOR, AUTOMOBILE PARTS ON THE SIDES OF THE HOUSE. 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 January 09, 2009 BRICENO SEVERIANO & ANDREA 4633 ZION DR GREELEY, CO 80634 Case: ZCV08-00372 Legal Description: 2HP12-2 L2 BLK12 HILL -N -PARK 2ND FILING SITUS: 4633 ZION DR WELD 00000 Dear BRICENO SEVERIANO & ANDREA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 02/10/2009 10:00 AM The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY fo MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, Page 1 of 2 'AT !Pc 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 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. 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. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, DEBRIS IN THE BACK OF PICK UP, HOUSEHOLD ITEMS, TIRES, DOOR, AUTOMOBILE PARTS AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED FROM THE PROPERTY. 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, Ann Siron Zoning Compliance Officer pc: ZCV08-00372 Page 2 of 2 U.S. Postal-ServiceTS CERTIFIED MAIL. RECEIPT (Domestic Mail Only; 'No Insurance. Coverage Provided) Postage HI Certified Fee 0 0 CI Return Receipt Fee (Endorsement Required) 0 Restricted Delivery Fee `d (Endorsement Required) rn ra Total Postage 8 Fees u1 0 Sent To r- Street, Ap . N .; or Po9ox No. 94 3'> >. C/4, State, Z/Pr4 • 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. 1. Article Addressed to: 5everiano e Qm1fea,ecnd U/33 z/'an Dr Graiey Co SteoSLI 2. Article Number (Transfer from service label) — PS Form 3811, February 2004 Postmark Here rea A. Signature x B ijD ean AN 14 7nna edified Mail O Express Mail Registered ❑ Return Receipt for Merchandise O Insured Mail O C.O.D. ❑ Agent ❑ Addressee C. Date of Delivery 7005 1160 0001 4539 1966 Domestic Return Receipt 102595-02-M-1540; Kot December 01, 2008 BRICENO SEVERIANO & ANDREA 4633 ZION DR GREELEY, CO 80634 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.co.us Case: ZCV08-00372 Legal Description: 2HP12-2 L2 BLK12 HILL -N -PARK 2ND FILING SITUS: 4633 ZION DR WELD 00000 Dear: BRICENO SEVERIANO & ANDREA : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-100 Intent. 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22 of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses that are both ACCESSORY to and compatible with residential USES allowed by right in the Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. 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 Page 1 of 2 f‘st, hiDep 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 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. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, DEBRIS IN THE BACK OF PICK UP, HOUSEHOLD ITEMS, TIRES, DOOR, AUTOMOBILE PARTS AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED FROM THE PROPERTY. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 01/01/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Ann Siron Zoning Compliance Officer pc: ZCV08-00372 Page 2 of 2 Stv, sic November 21, 2008 BRICENO SEVERIANO & ANDREA 4633 ZION DR GREELEY, CO 80634 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us Case: ZCV08-00372 Legal Description: 2HP12-2 L2 BLK12 HILL -N -PARK 2ND FILING SITUS: 4633 ZION DR WELD 00000 Dear BRICENO SEVERIANO & ANDREA: 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 DERELICT VEHICLES, DEBRIS BEING STORED IN THE BACK OF A PICK UP, HOUSEHOLD ITEMS, TIRES, DOOR AND AUTOMOBILE PARTS ON THE SIDES OF THE HOUSE. 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: ZCV08-00372 Page 1 of 1 Wi�Yc COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10`h Street, Greeley, CO 80631 Phone: (970) 353-6100,Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS / Complaint Initiated by: ZLAO 41—0O3-7.2 �G ZONING CODE COMPLAINT 0 Staff/Name _ 0 Citizen 0 Other ❑ HEALTH DEPARTMENT Citizen's Name (IFknown) ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known) O BUILDING CODE COMPLAINT O PUBLIC WORKS / PEST & WEEDS Pending Case # (i.e. USR, RE, SE, ect...): Date Complaint was received: 11 2 -by Legal Description: t_.. , S I k i a �'�'1 ( - V, Parcel #: (J69 - Violation Address: "I LQ3�j Zinn Dr. Get• a (e y '30113. 4 i Property Owners Name: Se �t tano % 14 #61 pone: Property Owners Address: Tenant's Name: Phone: Tenant's Address: NATURE dattjggi OF Azeica Additional COMPLAINT: €2.71- )4-44,4 cd baei c r7 c k ho j had / / n2d) L► v� , dai r, L2 1."1Y-.4. Notes: Identify Results Page 1 of 1 Account#: R2717586 Tax Area: 2820 Acres: 0.148 Township Range Section Quart. Sec. 05-66-26-4 Owners Name & Address: BRICENO SEVERIANO & 4633 ZION DR GREELEY, CO 80634 Additional Owners: BRICENO ANDREA Business/Complex: Sale Date 3/14/1990 WELD COUNTY ASSESSOR PROPERTY PROFILE Bordering County: Sale Price $20,900 Parcel#: 095926411019 Subdivison Name Block# Lot# HILL N PARK 2ND FG - 12 - 2 Property Address: Street: 4633 ZION DR WELD City: WELD Sales Summary Deed Type Reception # 02208066 Legal Description 2HP12-2 L2 BLK12 HILL -N -PARK 2ND FILING SITUS: 4633 ZION DR WELD 00000 Land Type Residential Land Subtotal: Abst Code 1112 Land Valuation Summary Unit of Number of Measure Units Site No Buildings on Parcel Actual Value Assessed Value $30,000 $2,390 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0959... 11/20/2008 LAr ar € r[ Hello