HomeMy WebLinkAbout20090344.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST RICHARD MARTINEZ AND DAVID MARTINEZ 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, Richard Martinez and David Martinez, ZCV #0800363, 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, Louie Martinez, property owner's brother, 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 April 10, 2009, to allow adequate time for the property owners and tenant 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 #0800363 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Richard Martinez and David Martinez 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 April 10, 2009, to allow adequate time for
the property owners and tenant to restore, remove or screen the noncommercial junkyard from all
adjacent properties and public rights -of -way to bring the subject property into compliance.
AZ, V/CC-
2009-0344
PL0824
03/V3/nt
VIOLATIONS - ZCV #0800363 - RICHARD MARTINEZ AND DAVID MARTINEZ
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.
BOARD OF COUNTY COMMISSIONERS
WELD C.0 d!\Tf COLORADO
ATTEST:
Weld County Clerk to the
Deputy Clerk . the Board
David E. Long
Date of signature.
2009-0344
PL0824
Violation Summary Report
BASIC INFORMATION
MARTINEZ RICHARD & MARTINEZ
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
287 E 5TH ST EATON, CO 806153488
Ann Siron
ZCV0S-00363
287 5TH ST
14546 LOTS 1 TO 4 BLK6 E SIDE EATON (OUT) EXC PT L4 DESC AS FOL
COM AT A PT ON N LN L4 WHICH PT IS 1'E OF E LOT LN 5 W ALONG N
LOT LN 1' TOE LOT LN 5 THENCE S56.28' TO N R/W LN GW RR E4' NLY
56' M/L TO BEG SITUS: 287 5 ST WELD 80615
Location
North
South
East
West
East of Hwy 85 and North of and adjacent to 5th street in
East Eaton
Agriculture zone districts and Eaton city limits
Some Agriculture zone districts and Eaton city limits
Agriculture zone districts and Eaton city limits
Some Agriculture zone districts and Eaton city limits
Parcel Number: 070931301017-R0932686 Acreage: 0.21
Certified Mail Date: 01/08/2009
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.
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.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used
cltoh, 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.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
2009-0344
Violation Summary Report
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.
REMEDY
THE NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, WOOD, AUTOMOBILE
PARTS AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED, RESTORED 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
11/18/2008 Complaint Validated
11/18/2008 LTTR: 5 Day Letter
11/24/2008 LTTR: Violation Notice
01/08/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
11/17/2008 Property Inspected
01/05/2009 Phone Call
UPON A VISUAL INSPECTION OF THE PROPERTY THE
FOLLOWING ITEMS WERE NOTED: SEVERAL
DERELICT VEHICLES, WOOD, DEBRIS.
RECEIVED A PHONE CALL FROM ROBERT MARTINEZ.
HE SAID HE JUST OWNED ONE OF THE VEHICLES ON
THE PROPERTY AND WHAT HE NEEDED TO DO WITH
IT. I TOLD HIM THE VEHICLE HAS TO BE RUNNING
AND HAVE CURRENT TAGS OTHERWISE IT WOULD
NEED TO BE REMOVED OR THE PROPERTY OWNER
WOULD NEED TO SCREEN IT FROM ALL FOUR SIDES.
I ALSO EXPLAINED THERE WERE SEVERAL OTHER
VIOLATIONS ON SITE SO WITH HIS VEHICLE IN
COMPLIANCE THE PROPERTY OWNER WOULD STILL
REMAIN OUT OF COMPLIANCE. HE SAID OKAY, HE
JUST OWNED ONE VEHICLE AND HE WOULD TAKE
CARE OF IT.
COLORADO
WELD COUN • f 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 08, 2009
MARTINEZ RICHARD & MARTINEZ DAVID
287 E 5TH ST
EATON, CO 806153488
Case: ZCV08-00363
Legal Description:
14546 LOTS 1 TO 4 BLK6 E SIDE EATON (OUT) EXC PT L4 DESC AS FOL COM AT A PT ON N LN L4
WHICH PT IS 1'E OF E LOT LN 5 W ALONG N LOT LN 1' TOE LOT LN 5 THENCE S56.28' TO N R/W LN
GW RR E4' NLY 56' M/L TO BEG SITUS: 287 5 ST WELD 80615
Dear MARTINEZ RICHARD & MARTINEZ DAVID:
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.
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
Page 1 of 2
hiDeCOLOR„
WELD COUN i Y 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
or vehicles customarily operated in a FARMING operation.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used
cltoh, 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.
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 DERELICT VEHICLES, WOOD,
AUTOMOBILE PARTS AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED,
RESTORED OR COMPLETELY SCREENED FROM *ALL* ADJACENT PROPERTIES AND
PUBLIC RIGHTS -OF -WAY.
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.
Sincejgly
Siron
Zoning Compliance Officer
pc: ZCV08-00363
tJ
Page 2 of 2
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CERTIFIED MAILTM RECEIPT
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Total Postage & Fees
Postmark
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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:
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2. Article Number
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PS Form 3811, February 2004
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Domestic Return Receipt 102595-02-M-1540
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November 24, 2008
MARTINEZ RICHARD & MARTINEZ DAVID
287 E 5TH ST
EATON, CO 806153488
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: ZCV08-00363
Legal Description: 14546 LOTS 1 TO 4 BLK6 E SIDE EATON (OUT) EXC PT L4 DESC AS FOL COM
AT A PT ON N LN L4 WHICH PT IS 1'E OF E LOT LN 5 W ALONG N LOT LN 1'
TO E LOT LN 5 THENCE S56.28' TO N R/W LN GW RR E4' NLY 56' M/L TO BEG
SITUS: 287 5 ST WELD 80615
Dear: MARTINEZ RICHARD & MARTINEZ DAVID :
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.
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 kepeing 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 allwos, 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.
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
Page 1 of 2
WELD COUNTY PLANNING DEPARTMENT
Ann Siron
Zoning Compliance Officer
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 x3566
FAX: 970-304-6498
E-Mail:asiron@co.weld.co.us
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,d eteriorated or obsolete as to
make them unusable in their existing condition.
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 DERELICT VEHICLES, WOOD,
AUTOMOBILE PARTS AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED,
RESTORED 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
12/24/2008, 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,
Ann Siron
Zoning Compliance Officer
pc: ZCV08-00363
Page 2 of 2
YIE:YC‘astr.
November 18, 2008
MARTINEZ RICHARD & MARTINEZ DAVID
287 E 5TH ST
EATON, CO 806153488
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: ZCV08-00363
Legal Description: 14546 LOTS 1 TO 4 BLK6 E SIDE EATON (OUT) EXC PT L4 DESC AS FOL COM AT
A PT ON N LN L4 WHICH PT IS 1'E OF E LOT LN 5 W ALONG N LOT LN 1' TOE LOT
LN 5 THENCE S56.28' TO N R/W LN GW RR E4' NLY 56' M/L TO BEG SITUS: 287 5
ST WELD 80615
Dear MARTINEZ RICHARD & MARTINEZ DAVID:
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, WOOD, AUTOMOBILE PARTS AND OTHER MISCELLANEOUS DEBRIS.
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.
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: ZCV08-00363
Page 1 of 1
Wi�Yc
COLORADO
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10th Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by: GtUO3 —W343
o ZONING CODE COMPLAINT '.2 Staff/Name _ 0 Citizen 0 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
Pending Case # (i.e. USR, RE, SE, ect...):
Legal Description: LL
Violation Address
Property Owners Name:
Property Owners Address:
Tenant's Name: _
Tenant's Address:
NATURE
Date Complaint was received: /( "
Parcel #
£ 61h ,`if. fnfir) (0 nLpif
cJrr�!'d 1ThA c ..01101!
Phone:
('7(Q- -c,/-6/ 7
Phone:
OF COMPLAINT:
�Lr 1C eCC.Ce.f 6/1/2CCeecc i!?r4atilt/J
Additional Notes:
Identify Results
Page 1 of 2
Account#: R0932686
Tax Area: 3874
Acres: 0.2475
Township Range Section Quart. Sec.
07-65-31-3
VISCIWOMPPOIMAIIMINMWOMIcKleCtatettlafti
Owners Name & Address:
MARTINEZ RICHARD T &
287 E 5TH ST
EATON, CO 806153488
Additional Owners:
MARTINEZ DAVID
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Parcel#: 070931301017
Bordering County:
Subdivison Name Block# Lot#
EAST SIDE ADD - 6 - 1
Property Address:
Street: 287 5 ST WELD
City: WELD
Business/Complex:
Sale Date
8/10/1984
Sale Price
$7,000
Sales Summary
Deed Type
Reception #
X00O2929
Legal Description
14546 LOTS 1 TO 4 BLK6 E SIDE EATON (OUT) EXC PT L4 DESC AS FOL COM AT A PT ON N LN L4 WHICH PT IS 1'E OF E LOT LN
5 W ALONG N LOT LN 1' TO E LOT LN 5 THENCE S56.28' TO N R/W LN GW RR E4' NLY 56' M/L TO BEG SITUS: 287 5 ST WELD
80615
Land Type
Residential
Land Subtotal:
Bldg#
1
Abst Code
1112
Property Type
Residential
Improvements Subtotal:
Total Property Value
Land Valuation Summary
Unit of Number of
Measure Units
Square Feet 10780
Actual Value
Assessed
Value
10780 $23,177 $1,840
Buildinas Valuation Summary
Actual Value
$63,840
$87,017
Assessed
value
$5,080
$6,920
Building Details
Account#: R0932686 Parcel#: 070931301017
Owners Name & Address:
MARTINEZ RICHARD 7 &
287 E 5TH ST
EATON, CO 806153488
Building#
1
Property Type
Residential
Property Address:
Street: 287 5 ST WELD
City: WELD
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0709... 10/30/2008
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:
Ranch 1 Story
Frame Hardboard
Drywall
1
2
1
4
Individual Built As Detail
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
1907
Forced Air
750
Composition Shingle
Units: 0
Detached SQ Ft:
Finished SQ Ft:
http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=0709... 10/30/2008
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