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Home My WebLink About20091601.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0900123 AGAINST RITA GAONA AND TONY GUITIERREZ 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, Rita Gaona and Tony Guitierrez, ZCV #0900123, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 14th day of July, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Rita Gaona and Tony Guitierrez 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 Rita Gaona and Tony Guitierrez 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. 2009-1601 C[-' . 1-"L, 6i'C(- /Yk7 PL0824 VIOLATIONS - ZCV #0900123 - RITA GAONA AND TONY GUITIERREZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D., 2009. ATTEST: Weld County Clerk to the Clerk . the Board BY Dep APPRO AS TO FO ounty Attorney Date of signature 8(13IBei BOARD OF COUNTY COMMISSIONERS WE.Lp C¢t?pJTY, COLORADO J` t4 illiam F. Garcia Chair K r Dougla ademac/� V Sea P. Conway z�rbar a Kirkmeyer EXCUSED David E. Long er, Pro -Tern 2009-1601 PL0824 Vinlation Summary Report BASIC INFORMATION GAONA RITA & GUITIERREZ TONY 431 WALL ST EATON, CO 80615 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV09-00123 Situs Address: 0 WELD Legal: L26 THRU 27 BLK 4 EAST SIDE ADD (EATON OUT) Location: Location East of Hwy 85 and East of and adjacent to Wall Street in East Side Eaton North Agriculture zone districts and Eaton city limits South Some Agriculture zone districts and Eaton city limits East Agriculture zone districts and Eaton city limits West Some Agriculture zone districts and Eaton city limits Parcel Number: 070931303019-R7211398 Acreage: 0.16 Certified Mail Date: 06/01/2009 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. 23-3-30.1 Noncommercial Junkyard. 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 mateiral; 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. 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 VEHICELS. 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. REMEDY THE NONCOMMERCIAL JUNKYARD CONSISTING OF TRASH, WOOD, TREE LIMBS AND MISCELLANEOUS DEBRIS SHALL BE REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. LETTER HISTORY 2009-1601 Vinlation Summary Report 04/23/2009 Complains Validated 04/23/2009 LTTR: 5 Day Letter 04/30/2009 LTTR: Violation Notice 06/01/2009 LTTR: Hearing Notification OTHER CASE HISTORY 04/20/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: TRASH, WOOD, TREE LIMBS AND MISCELLANEOUS DEBRIS. 05/29/2009 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: THE_ PROPERTYHAS BEEN CLEANED UP AND THE LIMBS AND DEBRIS CONSOLIDATED. ONLY 3 LARGE PILES OF DEBRIS REMAIN. hiDe COLORADO June 01, 2009 GAONA RITA & GUITIERREZ TONY 431 WALL ST EATON, CO 80615 Case: ZCV09-00123 Legal Description: L26 THRU 27 BLK 4 EAST SIDE ADD (EATON OUT) Dear GAONA RITA & GUITIERREZ TONY: 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 The property referenced above rep^-' 'he Weld County Code. I have scheduled a meeting with the Board of r 07/14/2009 10:00 JV a The above mentioned pr ',$ [A ( . lowing Section(s) of the Weld County Code: C✓�` Chapter 23, Article Ill( (9- Q a,'cultural) Zone District 23-3-20 Uses allowed Uy right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. 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 mateiral; 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. 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 VEHICELS. 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. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF TRASH, WOOD, TREE LIMBS AND Page 1 of 2 hiDe COLORADO WELD COUN fY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us MISCELLANEOUS DEBRIS SHALL BE REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. THE PROPERTY HAS BEEN IN THE PROCESSES OF GETTING CLEAN-UP AND IT APPEARS THE TREE LIMBS AND DEBRIS HAVE BEEN CONSOLIDATED INTO 3 REMAINING PILES. IF THESE PILES CAN BE REMOVED PRIOR TO THE SCHEDULED HEARING DATE 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 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, 614-0 Ann Siron Zoning Compliance Officer pc: ZCV09-00123 Page 2 of 2 M1 m ru ru in lr1 in Postage M1 Certified Fee Return Receipt Fee (Endorsement Required) 0 Restricted Delivery Fee p (Endorsement Required) 0 rR U.S. Postal Service,. CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Total Postage 8 Fees M1 Sent TOTo'� c yI I tanG. n- ! Of PO Apt. o. .3 ( wail M1 �w PO Box Na City State, ZtP+4 w - 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. 1. Article Addressed to: P --a Gaona 4- GIA; LU }i e rre z t43t u3OLA 5t. &A -Eon CO 1,048 Lc,4-D Postmark Here COMPLETE THIS SECTION ON DELIVERY A. Signature r )�. r?❑ Agent Xf�,-/iih : 1, . 1:-r1-l7Flddressee• by (Printed ame) C. Date of Delivery i r�,' , /.11 7 71-'-`, elivery address different from item 1? ❑ Yes If YES, enter delivery address below: El No 0 7 3. She ice Type yD� Certified Mail O Registered O Insured Mail 4. Restricted Delivery? (Extra Fee) ❑ Express Mail ❑ Return Receipt for Merchandise O C.O.D. O Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7007 1490 0004 7353 2037 Domestic Return Receipt 102595-02-M-1540 *et COLORADO y "IDe. COLOAD April 30, 2009 GAONA RITA & GUITIERREZ TONY 431 WALL ST EATON. CO 80615 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: ZCV09-00123 Legal Description: L26 THRU 27 BLK 4 EAST SIDE ADD (EATON OUT) Dear: GAONA RITA & GUITIERREZ TONY : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. 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. 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. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF TRASH, WOOD, TREE LIMBS Page 1 of 2 Wine 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 AND MISCELLANEOUS DEBRIS SHALL BE REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. 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 06/01/2009, 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. Sincerel Ann Siron Zoning Compliance •fficer pc: ZCV09-00123 Page 2 of 2 440tk April 23, 2009 GAONA RITA & GUITIERREZ TONY 431 WALL ST EATON, CO 80615 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: ZCV09-00123 Legal Description: L26 THRU 27 BLK 4 EAST SIDE ADD (EATON OUT) Dear GAONA RITA & GUITIERREZ TONY: 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 TRASH, WOOD, TREE LIMBS AND MISCELLANEOUS DEBRIS. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way. Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Ann Biron Zoning Compliance Officer pc: ZCV09-00123 4-0 Page 1 of 1 C. COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 101h Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax. (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZC✓D9-00%z3 ❑ ZONING CODE COMPLAINT 0 Staff/Name CT--Cm/zen 0 Other HEALTH DEPARTMENT Citizen's Name (If known). ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number(It" known). ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS / PEST & WEEDS Date Complaint was received: Pending Case # (i.e. USR, RE, SE. ect...): 57- Legal Description: Len, 027 Rr ( `Ia/C C117-4/1 Parcel #:(j7/) -3/-.5 X03-0) Violation Address: Property Owners Name: lyly (�(,(� �/ eii�Z, Rr-f[1 GQ017a Phone: Property Owners Address: '-13/ all/ az ea/on CO tb(o/5 Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: /7444, woad/, Additional Notes: Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7211398 Parcel#: 070931303019 Tax Area: 3874 Acres: 0.1606 Township Range Section Quart. Sec. 07-65-31-3 Owners Name & Address: GAONA RITA & 431 WALL ST EATON, CO 80615 Additional Owners: GUITIERREZ TONY Bordering County: Subdivison Name Block# Lot# EAST SIDE ADD - 4 - 26 Property Address: Street: City: Business/Complex: Sale Date Sale Price $0 Sales Summary Deed Type Legal Description Reception # L26 THRU 27 BLK 4 EAST SIDE ADD (EATON OUT) Land Type Residential Land Subtotal: Abst Code 0100 Land Valuation Summary Unit of Number of Measure Units Square Feet 7000 Actual Value Assessed Value 7000 $15,050 $4,360 No Buildings on Parcel http://maps2.men-ick.com/W ebsite/Weld/setSgl.asp? cmd=QUERY&DET=PP&pin=07093... 4/20/2009 I 11101 11111 001 IIIC' • II 1111111 IIIII III !NI IIII IIII 335B933 01/30/2006 03:47P Weld County, CO 1 of I R 6.00 0 0.00 Steve Moreno Clerk & Recorder 933 QUIT CLAIM DEED THIS DEED is a conveyance from the individual(s), corporation(s) or other entity (ies) named below as GRANTEE of what( ver interest the GRANTOR may have in the real property described below. The GRANTOR herby sells and quit claims to the GRANTEE the real property described below with all its appurtances. The specific terms of this deed are: Grantor: Tony Gu tierrez, Rita Gaona and Joe Gaona Grantee: Rita Gaooa and Tony Guitierrez Form of Co -Ownership: in joint tenancy Property Descriptic a: Lots 26,27,28, and 29 in Block 4 East side addition to the Town of Eaton, County of Weld, State of Colorado Address: TBD Wall Street, Eaton, CO 80615 Reservations/Rest ri ctions: Executed by the Grantor on the 25th day of January, 2006. Signature clause for Individual(s) STATE OF COLORADO) Ct(11J1'' OF WELD ) F1The foreg ex instrument was acknowledged before me this 25th day of January, 2006, Op'TanylBuititr;Dz, Rita Gaona and Joe Gaona r TtJ fftSiMY1-AND AND OFFICIAL SEAL My Coinmis'expires. October 9, 2006 F Notary Public �1 l J l II. Hello