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Home My WebLink About20090354.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST FRANK AND SOCORRO VELASQUEZ 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, Frank and Socorro Velasquez, ZCV #0800022, 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, Frank and Socorro Velasquez, property owners, and their son, Adam Velasquez, 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 March 10, 2009, to allow adequate time for the property owners to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights -of -way 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 #0800022 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Frank and Socorro Velasquez 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 March 10, 2009, to allow adequate time for the property owners to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights -of -way to bring the subject property into compliance. 2009-0354 PL0824 U/ - OS -Os-O7 VIOLATIONS - ZCV #0800022 - FRANK AND SOCORRO VELASQUEZ 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 t BY: APP Deputy Clerk o the Board unty Attorney Date of signature. BOARD OF WELD NT , COLORADO William F. Garcia, Chair ougla•. Rademach= , Pro-Tem Sep. P. Conway arbara Kirkmeyer cAl David E. Long TY COMMISSIONERS 2009-0354 PL0824 Violation lI Summary Report BASIC INFORMATION VELASQUEZ FRANK & SOCORRO Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: Bethany Salzman ZCV08-00022 15465 MARY AV 2AR28-6 L6 BLK28 2ND ARISTOCRAT RANCHETTES SITUS: 15465 MARY AV WELD 00000 Location South of and adjacent to CR 18 and East of and adjacent toCR31 North Agriculture with residences South Industrial plant / Agriculture East Agriculture West Agriculture with minimal residences Parcel Number: 130927217003-R5223686 Acreage: 0.99 Certified Mail Date: 12/03/2008 PO BOX 160 ERIE, CO 80516-0160 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. 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. 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. 2009-0354 Violation Summary Report REMEDY As we have previously discussed, the presence of a NONCOMMERCIAL JUNKYARD is not an allowed use when visible. All DERELICT VEHICLES, appliances, furniture and miscellaneous debris shall be removed, restored or completely SCREENED from all adjacent properties and public rights -of -ways. Any Household Trash shall be removed from the site as screening is not an option for refuse. RECOMMENDATION The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 01/17/2008 Complaint Validated 01/17/2008 LTTR: 5 Day Letter 10/01/2008 LTTR: 5 Day Letter 10/09/2008 LTTR: Violation Notice 12/03/2008 LTTR: Hearing Notification OTHER CASE HISTORY 12/18/2007 Property Inspected 02/04/2008 Letter Received 03/18/2008 Property Inspected 10/14/2008 10/29/2008 12/03/2008 Letter Received Letter Received Other 12/08/2008 Certified Mail Receipt Upon a visual inspection of the property, the following items were noted: derelict vehicles, household trash, furnature and miscellaneous debris. Also the modular home that is present is in DERELICT condition. No pictures were taken during this inspection. 5 Day Compliance Letter returned - "Not Deliverable as Addressed. Unable to Forward". Upon a visual inspection of the property, the following items were noted: Derelict Mobile home (appears to have had fire damage), junk, household trash, furniture, appliances and miscellaneous debris. No pictures were taken during this inspection. 5 Day Compliance Letter returned -"Return to Sender - Attempted - Not Known - Unable to Forward". Violation Notification Letter returned -"Return to Sender - Attempted - Not Known - Unable to Forward". Researched Westlaw found an address of: PO Box 160 Erie, CO 80516-0160 Certified Receipt received - Signed WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 4209 CR 24.5 Longmont, CO 80504 Phone: 720-652-4210 x 8739 FAX: 720-652-4211 E -Mail: bsalzman@co.weld.co.us December 03, 2008 VELASQUEZ FRANK & SOCORRO PO BOX 160 ERIE, CO 80516-0160 CURRENT OCCUPANT 15465 MARY AV FORT LUPTON, CO 80621 Case: ZCV08-00022 Legal Description: 2AR28-6 L6 BLK28 2ND ARISTOCRAT RANCHETTES SITUS: 15465 MARY AV WELD 00000 Dear VELASQUEZ FRANK & SOCORRO and/or CURRENT OCCUPANT: 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 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. 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. t'Ar WUDc COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 4209 CR 24.5 Longmont, CO 80504 Phone: 720-652-4210 x 8739 FAX: 720-652-4211 E -Mail: bsalzman@co.weld.co.us JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building 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: As we have previously discussed, the presence of a NONCOMMERCIAL JUNKYARD is not an allowed use when visible. All DERELICT VEHICLES, appliances, furniture and miscellaneous debris shall be removed, restored or completely SCREENED from all adjacent properties and public rights -of -ways. Any Household Trash shall be removed from the site as screening is not an option for refuse. 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. WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 4209 CR 24.5 Longmont, CO 80504 Phone: 720-652-4210 x 8739 FAX: 720-652-4211 E -Mail: bsalzman@co.weld.co.us 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, Bethany Salzm.n Zoning Compliance Officer II pc: ZCV08-00022 -n EQ ru N u- m to a O 0 0 O -n rR rR kJ, O O n- U.S. Postal Service.. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Codified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To reef. Apr No.; -�I 476V1,11-- or PO Box No. J iCiry. State. ZIP+4 ( SY4) i Cie„ Cillo— �"Jl�llt>ni Postmark Here r m ru mLel ri 0 0 O f� O C N U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees treet,..'....,,., o:z Sox ZI b a3 F Ciry, State. ZIPad -- Mrck Postmark Here u d 0 U J •d o 0 O E o'yo r T 0 tot CYO • Q a, o . o 0 o U > a r a a Co N to O U a= 0 al a r O Otn 0 U 0 O E 'q�q E m m 0 N C O U `O Q 0 m O 3 « O o t 15.e >.0 t E E .E « m o o ci '• & ct P Q C C as C W a a L iS ® o LU _ N E d d IU ¢ 0 V COO LLI m 04 2 � d N _U y N N tn1 ❑ ❑ of 79- a S .C a- m T 7005 1160 0001 O 0 Z N a E E2 43 C U a N Domestic Return Receipt PS Form 3811, February 2004 0 0r c z WH O H U H H Q d U w� 0 zo O U H U C7 O W -I p4 w o H a N rn U ra N YO ru C: rr rn r7 O O O O -n ra ra ul ci C N id a - :3 woo N O O 00 Z O 6 U D 6 U z U > O C al F z a w ix z,Ln0 o ✓l o U'+ W Weld County Planning Department GREELEY OFFICE fEC 3QninR ECEIVEL ANNING DEPARTMENT je 906:3101119 Officer II )4 i 0 x 8739 :o.weld.co.us ES SITUS: 15465 MARY AV have scheduled a if the Weld County its own power); is Dr is substantially uw,ayc �. vvco INl IIOVC vallu IeyIMIQIIVu VVw I LI JtdLe, as le uIIeu uy 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. Page 1 of 2 Westlaw Delivery Summary Report for SALZMAN,BETHANY Your Search: Date/Time of Request: Client Identifier: Database: Lines: Documents: Images: NA(FRANK & VELASQUEZ) & ST(CO) % ST(NE) & PRD(VTR) Wednesday, December 3, 2008 10:08 Mountain ZCV08-00022 PEOPLE -ALL 30 1 0 The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters, West and their affiliates. http://web2.westlaw.com/print/printstream.aspx?sv=Split&prid=ia744a5160000011 dfdd2c... 12/3/2008 Page 2 of 2 \Nestlaw PROFESSIONAL LICENSE RECORD Information Current Through: Database Last Updated: Update Frequency: Current Date: Source: Name: Address: County: Previous Address: License/Certification Type: License State: END OF DOCUMENT 09-18-2008 10-15-2008 QUARTERLY 12/03/2008 CO DEPT. OF REGULATORY AGENCIES NAME & PROFESSIONAL INFORMATION FRANK G VELASQUEZ PO BOX 160 655 BRIGGS ERIE, CO 80516-0160 WELD PO BOX 160655 BRIGGS ERIE,CO 80516-0160 LICENSING INFORMATION BARBER CO 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?sv=Split&prid=ia744a5160000011 dfdd2c... 12/3/2008 Page 1 of 2 Westlaw Delivery Summary Report for SALZMAN,BETHANY Your Search: Date/Time of Request: Client Identifier: Database: Lines: Documents: Images: NA(SOCORRO & VELASQUEZ) & ST(CO) % ST(NE) & PRD(VTR) Wednesday. December 3, 2008 10:10 Mountain ZCV08-00022 PEOPLE -ALL 30 1 0 The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters, West and their affiliates. https://web2.westlaw.com/print/printstream.aspx?sv=Split&prid=ia744c85a0000011 dfdd4... 12/3/2008 Page 2 of 2 WestLaw.. PROFESSIONAL LICENSE RECORD Information Current Through: Database Last Updated: Update Frequency: Current Date: Source: Name: Address: County: Previous Address: License/Certification Type: License State: END OF DOCUMENT 09-18-2008 10-15-2008 QUARTERLY 12/03/2008 CO DEPT. OF REGULATORY AGENCIES NAME & PROFESSIONAL INFORMATION SOCORRO VELASQUEZ PO BOX 160 ERIE, CO 80516-0160 WELD PO BOX 23 FIRESTONE,CO 80520-0023 LICENSING INFORMATION COSMETOLOGIST CO 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. https://web2.westlaw.com/print/printstream.aspx?sv=Split&prid=ia744c85a000001 I dfdd4... 12/3/2008 OLO! October 09, 20C VELASQUEZ Fl PO BOX 23 FIRESTONE, CI Case: ZCV08-{ Legal Descriptio The uses on the Sections of the V of the Weld Coui 0 esia. Se4 p O.. GO << 0 En Dear: VELASQI 0 m m w Chapter 23. 23-3-20 Us 23-3-30 Ac 23-3-30.1 N DERELICT partially or t damaged; d 42-3-138 or attached to equipment t or otherwise to 42-2-227, vehicles cus JUNK: Scrag cloth, rope, r appliances; i pipe fittings; used tires ar make them E �0 "S or O U ssV-131sLEld ClaLIJOSald CO CO O co 0 CC 0 O cn dS Z O N ui DNZ O Cmw >au - 0 LU O m :3 U 0 H H 3 D =- 00 a = 2zI EXailSm © — fE-ft '0 _ woo a - 0i0 F ❑ rind 0 IT 1 •! 311.0 o F -Z1 a = wwz Ti ItbD w F- a 0 m = Weld GPlanning RE LEY OFFICE �� (10i 29 ?Ong RECEIVED tic U NNING DEPARTMENT x 8739 veld.co.us 15465 MARY AV )lation of ring Section(s) n power); is ibstantially 42-3-103, manently oper fights -of -way ms 42-4-202 rm tractors or rags; used used used pipe or VEHICLES; ate as to NONCOMME 3.8 ondhand materials are N petals, paper, rags, rubber !RD may also 9 tl registered include the st _ Y 9 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. Co w 0 ft w cn C� Z zr- ct J o 0. L.L. O Z wy aw �0 wz J Fa Z� O 0 0 Z w0 rn Page 1 of 2 0r MO Or. Weld County Planning Department GREELEY OFFICE 0CT 14 ?nnA RECEIVED 13 -n -D < October 01, 20C Vii) A 0 12 10.. rnn co (Dig Sri -� X o VELASQUEZ Fl rr Oro c POBOX23 0 m`zm N FIRESTONE, Cr O 71 71 D z Case: ZCV08-01 CO Legal Descriptio 0 H o 0 x 0 H C) Dear VELASQI co o m o a X It has cometoth - W D 0 -' not be in compli2 — - c-iA Weld County Co D3a Cps 1.nc ia ▪ r —IT as we hE = nriz ° rn _ an allow 1 a m miscellai = O' o r adjacent - 11ZU the site 2 a ycD-iz 10 o n �a DERELI( 1 :uzz that is p2 I- Do a a state of a Z a mainten2 O MANUFP 0 Ol originally m shall be r m [3O/OT/OT PRESORTED ) FIRST CLASS N am U C) 0 C AC zm C> m `` —m rr z oH 2O I m 6 DEPARTMENT ar �Z II -' z z C) co 39 m .co.us C) m o o UNI7fo yon) o mK S Q J M CD m • d i ll NieJ(DM ,C O) o N w o F 4.1 N v�ffl, g i 3: 15465 MARY AV as on your property may ipliance(s) with the NKYARD is not e and from all removed from BILE) HOME auses, or is in lack of ELICT he condition as lartment, or it DERELIC )wn power); is partially e - _ _ 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 littzi 110€ October 09, 2008 VELASQUEZ FRANK & SOCORRO PO BOX 23 FIRESTONE, CO 80520 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 4209 CR 24.5 Longmont, CO 80504 Phone: 720-652-4210 x 8739 FAX: 720-652-4211 E-Mail:bsalzman@co.weld.co.us Case: ZCV0S-00022 Legal Description: 2AR28-6 L6 BLK28 2ND ARISTOCRAT RANCHETTES SITUS: 15465 MARY AV WELD 00000 Dear: VELASQUEZ FRANK & SOCORRO : 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 Sections) 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. 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. 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. Page 1 of 2 ION WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I I 4209 CR 24.5 Longmont, CO 80504 Phone: 720-652-4210 x 8739 FAX: 720-652-4211 E-Mail:bsalzman@co.weld.co.us • 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: As we have previously discussed, the presence of a NONCOMMERCIAL JUNKYARD is not an allowed use when visible. All DERELICT VEHICLES, appliances, furniture and miscellaneous debris shall be removed, restored or completely SCREENED from all adjacent properties and public rights -of -ways. Any Household Trash shall be removed from the site as screening is not an option for refuse. 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 11/10/2008, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to 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: ZCV08-00022 Page 2 of 2 WoA WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 4209 CR 24.5 Longmont, CO 80504 Phone: 720-652-4210 x 8739 FAX: 720-652-4211 E -Mail: bsalzman@co.weld.co.us October 01, 2008 VELASQUEZ FRANK & SOCORRO PO BOX 23 FIRESTONE, CO 80520 Case: ZCV08-00022 Legal Description: 2AR28-6 L6 BLK28 2ND ARISTOCRAT RANCHETTES SITUS: 15465 MARY AV WELD 00000 Dear VELASQUEZ FRANK & SOCORRO: 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: as we have previously discussed, the presence of a NONCOMMERCIAL JUNKYARD is not an allowed use when visible. All DERELICT VEHICLES, appliances, furniture and miscellaneous debris shall be removed, restored or completely SCREENED from all adjacent properties and public rights -of -ways. Any Household Trash shall be removed from the site as screening is not an option for refuse. DERELICT MANUFACTURED (MOBILE) HOME: A MANUFACTURED (MOBILE) HOME that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from improper lack of maintenance, vandalism or infestation with vermin or rodents. Any such DERELICT MANUFACTURED (MOBILE) HOME shall be returned to and maintained in the condition as originally established on site and as inspected by the Building Inspection Department, or it shall be removed from site. 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 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 4209 CR 24.5 Longmont, CO 80504 Phone: 720-652-4210 x 8739 FAX: 720-652-4211 E -Mail: bsalzman@co.weld.co.us 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. 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. 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, ethany Salzman Zoning Compliance Officer II pc: ZCV08-00022 COLORADC January 17, 20C VELASQUEZ Ff 392 BUCHANAP 0 FIRESTONE, Cl w Legal Descriptioi O Z Zr Z T- r - _J O Dear VELASQI a- O u_ It has come to th O Z O not be in compile z in Weld County Cot Li H O tu as we ha Co an allows w Z miscellan adjacent the site a'. I have als validate tt Agricultur w N ass 4toO Cr] O Q cJ (J 0 `27. � 'y .... Q E c7 W co X OD O. 0 o - Gm Cr t'1 c co 9 W ac c l— W '� 9 U V, 0 up '90 gi Sligo ao 3118 -J 05 o c ' O o N • o Z • O w cc• O X w ¢w D = Z O � CO w NLLJ a. > M L L i7) OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 bsalzman@co.weld.co.us 720-652-4210 x 8739 720-652-4211 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 (720) 652-4210, Ext 8730 Fax: (720) 652-4211 15465 MARY AV s on your property may ipliance(s) with the 'JKYARD is not a and tom all removed from appears to I use in the DERELIC 'v,n nurrw, I urctu (MUSILE) HOME that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from improper lack of maintenance, vandalism or infestation with vermin or rodents. Any such DERELICT MANUFACTURED (MOBILE) HOME shall be returned to and maintained in the condition as originally established on site and as inspected by the Building Inspection Department, or it shall be removed from site. DEPARTMENT OF PLANNING SERVICES a.mwe WIiDc COLORADO Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 Email Address: bsalzman@co.weld.co.us Phone: 720-652-4210 x 8739 Fax: 720-652-4211 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 Fax: (720) 652-4211 January 17, 2008 VELASQUEZ FRANK G & 392 BUCHANAN FIRESTONE, CO 80520 Legal Description: ZCV08-00022 2AR28-6 L6 BLK28 2ND ARISTOCRAT RANCHETTES SITUS: 15465 MARY AV WELD 00000 Dear VELASQUEZ FRANK G &: 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: as we have previously discussed, the presence of a NONCOMMERCIAL JUNKYARD is not an allowed use when visible. All DERELICT VEHICLES, appliances, furniture and miscellaneous debris shall be removed, restored or completely SCREENED from all adjacent properties and public rights -of -ways. Any Household Trash shall be removed from the site as screening is not an option for refuse. I have also noted that the mobile home has delapidated to a condition which appears to validate the presence of a DERELICT MOBILE HOME. This is not an allowed use in the Agricultural Zone District. DERELICT MANUFACTURED (MOBILE) HOME: A MANUFACTURED (MOBILE) HOME that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from improper lack of maintenance, vandalism or infestation with vermin or rodents. Any such DERELICT MANUFACTURED (MOBILE) HOME shall be returned to and maintained in the condition as originally established on site and as inspected by the Building Inspection Department, or it shall be removed from site. DEPARTMENT OF PLANNING SERVICES 4/410(tt COLORADO Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 Email Address: bsalzman@co.weld.co.us Phone: 720-652-4210 x 8739 Fax: 720-652-4211 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 Fax: (720)652-4211 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. 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. DEPARTMENT OF PLANNING SERVICES 4(lat hOc COLORADO Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 Email Address: bsalzman@co.weld.co.us Phone: 720-652-4210 x 8739 Fax: 720-652-4211 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 Fax: (720)652-4211 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. 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 Salzm Zoning Compliance Officer II pc: ZCV08-00022 Department of Planning Services Bruce Barker, County Attorney Identify Results Page I of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5223686 Parcel#: 130927217003 Tax Area: 2241 Bordering County: Acres: 0.99 Township Range Section Quart. Sec. 02 - 66 - 27 2 ARISTOCRAT RANCHETTES 2ND FG - 28 - 6 Subdivison Name Block# Lot# Owners Name & Address: VELASQUEZ FRANK G & 392 BUCHANAN P O BOX 23 FIRESTONE, CO 80520 Additional VELASQUEZ OCORRO Business/Complex: Sale Date 10/15/1997 Sale Price $96,000 P rcperty_Address: Street: 15465 MARY AV WELD City: WELD Sales Summary Deed Type WD Legal Description Reception # 2575271 2AR28-6 L6 BLK28 2ND ARISTOCRAT RANCHETTES SITUS: 15465 MARY AV WELD 00000 Land Type Residential Land Subtotal: Bldg# 3 Abst Code 1112 Property Type Residential Improvements Subtotal: Total Property Value Account#: R5223686 Owners Name & Address: VELASQUEZ FRANK G & 392 BUCHANAN PO BOX 23 FIRESTONE, CO 80520 Building# 3 Land Valuation Summary Unit of Number of Measure Units Site Buildings Valuation Summary Building Details Actual Value Assessed Value $60,000 $4,780 Actual Value $122,525 Property Address: Street: 15465 MARY AV WELD City: WELD Property Type Residential $182,525 Assessed Value $9,750 $14,530 Parcel#: 130927217003 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 1/15/2008 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: Modular Frame Hardboard Paneling 2 3 1 7 Individual Built As Detail Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: 1972 Forced Air 1696 Composition Shingle Units: 0 Detached SQ Ft: 1884 Finished SQ Ft: http://maps2.melrick.com/ W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 1/15/2008 a'ark W1�'Pc. COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10'h Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 354C Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: jQ ZONING CODE COMPLAINT ',, Staff/Name: ❑ Citizen 0 Other. ❑ HEALTH DEPARTMENT Citizen's Name (If known): ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CON IROL Phone Number (If known). ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS / PEST & WEEDS Pending Case # (i.e. USR, RE, SE, ect...): Date Complaint was received: Ia-I p -D-1 Legal Description: Awk ( d )\CXtZS3'1 P'0(\S %nom rtrths t1 Parcel # Violation Address 1 15 -1 JS c`nautA Pcre 1 1-Xl-A-\1-GO? Property Owners Name: \J e)a5c Qj1JI g?sr sX Phone: /1,� e,� Property Owners Address: �J1 ., �/ 1e�y1 I PO ?Irk a3 9 rc�no DV ( W S-Z,n Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: Additional Notes: ")r 2575271 B-1633 P-775 10/22/1997 12:32P PG 1 OF 1 REC DOC P Weld County CO JA Suki Tsukamoto Clerk & Recorder 6.00 9.60 THIS DEED , Made this day of October 15, 1997 between JOSE DEJFSUS SILVA Documentary Fee of the County of BOULDER and State of Colorado, of the first part, and FRANK G. VELAS40EZ and SOCORRO VEEJSTEZ whose legal address is 392 BUCHANAN FIRESIU E COLORADO 80520 of the County of WELD and State of Colorado, of the second part: WITNESSETH, That the said party of the first part, for and in consideration of the sun of (****$96,000.00) NINETY SIX THOUSAND DOLLARS AND 00/100THS and other good and valuable consideration to the said party of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, alt the following described lot or parcel of land, lying and being in the County of WELD and State of Colorado, to wit: Lot 6, Block 28, ARISTOCRAT RAN=SUBDIVISION SEC= FILING, COUNTY OF MELD, STATE OF COLORADO, AS PER MAP RECORDED FEBRUARY 25 1963 UNDER Ra a'T'IQN NO. 1401906, AND AFFIDAVIT OF CORRECTTIN, RECORDED OCTOBER 15, 1971 IN BOOK 655 U DER RD.lPTTON NO. 1577027, WELD COUNTY RECORDS. also known as street number 15465 MARY AVENUE FORT LUPTON COLORADO 80621 TOGETHER with all and singular the heredi taments and appurtenances thereto belonging, or in anywise appertaining, a the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim end demand whatsoever of the said party of the first part, either in law or equity,of, in and to the above bargained premises, with the heredi tements end appurtenances. TO HAVE AND TO HOLD the said -premises above bargained -and -described, with the -appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors,' and administrators, does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sates, liens, taxes, assessments end encumbrances of whatever kind or nature soever- ExC.EPT GE1 AL TAXES AND AagvS2lSrS FOR THE YEAR 1997 AND SOBS➢„'70ENr YEARS, AND SOBJECI TO EASEMENTS, RE VATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY: and theaboved bargained -premises in thequiet end peaceable possession of said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all end every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shell include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand end seat the day and year first above written. Signed, Sealed and Delivered in the Presence of STATE OF COLORADO County of BpQrnWQ SS. The foregoing instrument -was acknowledged- before - me - this day -of- October 15, 1997 by JCbh DEJ SOS SILVA My commission expi resAttgl]at 02, 2001 Witness my hand and official seal. ROXANNE L. FRYER NOT,fRY PUBLIC -N 2 STATE OF COLORADO j MyCommission Expires 08/02/2001 Form IAJT WARRANTY DEED - To Joint Tenants IS177442 177452 B2177452 (SEAL) (SEAL) (SEAL) Notary Pub c L_Li L_Li ■ I atda - E.•fiddhaaadain ER 1� ■ 2 II II NW 110 mu ■� MN ■7 ME ME ■ ■ 1 UM MEN. 11 a L. EN MR KM • mu OE ahll I ilk I lsyaaosibco ,M NMI" MIMEO'''. 15 OIL 1111 11 NMI miff= up N a) a) 0. Ma MN MN II is,'inn3 IN OM ME 1 ��19 ■ N, ■ ■ ME RE !;!-'±1IJ N3H ■ ■ ■ i 701 ■ ■ ■ ;1;14 ■ eq. ■t 'df rQ Ii Sa oi f� miEl (5',I 1111181 *MO I'<1 ea IO ail vim fwliN ■■ r■ S'p!i �di JAEN G�J so Misses Nei.S1 ■ UM • itZ4iNks rr Er vik• a ter!*l•111M •••••111j ••s•ss =a -tee _ I • 1 .1 �a 4 • _ . p. • , �I I Page 1 of 1 Bethany Salzman From: Janelle Reid Ureid@irvinlaw.net] Sent: Monday, February 09, 2009 2:45 PM To: Bethany Salzman Cc: corinne1@allstate.com Subject: RE: Velasquez -- 15465 Mary Lane, Fort Lupton, CO Dear Ms. Salzman: I have spoken with my clients they are in agreement with the proposal to appear at the County Commission hearing tomorrow at 10:00 am. They will agree to have the property cleaned within 10 days before legal action begins. We will keep you advised and will ask for your assistance to ensure compliance. Richard D. Irvin Irvin & Irvin The Heritage House 1443 Spruce Street Boulder, CO 80302 (303) 543-0337 Office (303) 543-0389 Fax 2/9/2009 .. EXHIBIT) viz. L IRVIN AND IRVIN Attomeys at Law The Heritage House 1443 Spruce Street BOULDER, CO 80302 (303) 543-0337 FAX (303) 543-0389 RICHARD D. IRVIN RUTH K. IRVIN February 9, 2009 via email bsalzman@co.weld.co.us Bethany Salzman Zoning Compliance Officer II Weld County Colorado Re: Frank Velasquez Dear Ms. Salzman: My name is Richard Irvin I have been retained by the Velasquez's to resolve this matter. They wish to comply with the requirements please advise as to what they need to do to get in compliance. I am unavailable to attend the hearing on Tuesday I am requesting a continuance of that hearing in order to get the property in compliance. Sincerely, Richard D. Irvin RDI/jr ,.fi kAl) Hello