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Home My WebLink About20090572.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0800354 AGAINST LUCIANO LOPEZ 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, Luciano Lopez, ZCV #0800354, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 10th day of March, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Luciano Lopez was 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 Luciano Lopez 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. 00 `. Pt vIvc� 2009-0572 PL0824 oa(4o9' VIOLATIONS - ZCV #0800354 - LUCIANO LOPEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of March, A.D., 2009. BOARD OF CO NTY COMMISSIONERS WE D OU . COLORADO ATTEST: Weld County Clerk to the BY. Deputy Cle APP to the Board unty ttorney Date of signature. illiam F. Garcia, Chair c vv s 0 •-)r Douglas Radem- her, Pro -Tern David E. Long 2009-0572 PL0824 V; ration Summary Rep( t BASIC INFORMATION LOPEZ LUCIANO Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: 1705 MARY AVE WATTENBERG, CO 80621 Bethany Salzman ZCV08-00354 1705 MARY AV 20128 L7 & L8 BLK22 WATTENBERG SITUS: 1705 MARY AV WELD 80621 Location North South East West South of and adjacent to CR 6 Agriculturally zoned properties with minimum residential uses Agricultural zoning w/ Gravel Mining (USR'S) Agricultural zoning w/ Gravel Mining (USR'S) Agricultural zoning w/ Gravel Mining (USR'S) Parcel Number: 146925114008-R6071486 Acreage: 0.14 Certified Mail Date: 01/21/2009 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. 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 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. REMEDY 2009-0572 V lation Summary Rep( t As I indicated in my previous letters while the presence of a NONCOMMERCIAL JUNKYARD consisting of a DERELICT VEHICLE is an allowed use within an Agriculturally zoned subdivision, such as Wattenberg, it must be completely SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at all times and evidence of current registrations shall be submitted to this office. If this vehicle has been restored (currently licensed and fully operational - including, but not limited too good tires) or removed before March 6th, the above scheduled Violation Hearing will be cancelled. RECOMMENDATION The Department of Planning Services recommends this case to be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 11/17/2008 Complaint Validated 11/17/2008 LTTR: 5 Day Letter 11/26/2008 LTTR: Violation Notice 01/21/2009 LTTR: Hearing Notification OTHER CASE HISTORY 11/14/2008 Property Inspected 01/12/2009 Property Inspected 02/03/2009 Certified Mail Receipt Upon a visual inspection of the property, items were noted: 2+ Derelict Vehicles. were taken during this inspection. Upon a visual inspection of the property, items were noted: the derelict vehicle is NO pictures taken during this inspection. Certified Receipt received - signed the following No pictures the following still present. January 21, 2009 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us LOPEZ LUCIANO 1705 MARY AVE WATTENBERG, CO 80621 Case: ZCV08-00354 Legal Description: 20128 L7 & L8 BLK22 WATTENBERG SITUS: 1705 MARY AV WELD 80621 Dear LOPEZ LUCIANO: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 03/10/2009= 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. 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 Page 1 of 2 Villo COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us 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 I indicated in my previous letters while the presence of a NONCOMMERCIAL JUNKYARD consisting of a DERELICT VEHICLE is an allowed use within an Agriculturally zoned subdivision, such as Wattenberg, it must be completely SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at al times and evidence of current registrations shall be submitted to this office. If this vehicle has been restored (currently licensed and fully operational - including, but not limited too good tires) or removed before March 6th, the above scheduled Violation Hearing wi be cancelled. 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, ethany Salzma Zoning Compliance Officer II pc: ZCV08-00354 U.S. Postal Service',., CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees SeptTo /' �r,..� Strae( AP No t__-�--ilJ—+�an0 or PO Box No. City State, LVt4 Postmark Here 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: Luciarth COMPLETE THIS SECTION ON DELIVERY A. Signature X�c�Ga B. Received by (Printed Name) 4. s+ery EElrs. FEB 037009 ❑ Agent O Addressee C. D. eof ✓rsl'v erent from item 1 O Yes ery address below: O No RECEIVED _ 3. Service Type �*7 ili(Certified Mail v` -'t P O Registered O Insured Mail 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt ry ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 7005 1160 0001 4539 3533 102595-02-M-1540 1101i€ November 26, 2008 LOPEZ LUCIANO 1705 MARY AVE WATTENBERG, CO 80621 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us Case: ZCV08-00354 Legal Description: 20128 L7 & L8 BLK22 WATTENBERG SITUS: 1705 MARY AV WELD 80621 Dear: LOPEZ LUCIANO : 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. 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 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 I indicated in my initial letter while the presence of a NONCOMMERCIAL JUNKYARD Page 1 of 2 IIMCCOLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us consisting of DERELICT VEHICLES is an allowed use within an Agriculturally zoned subdivision, such as Wattenberg, it must be completely SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at all times and evidence of current registrations shall be submitted to this office. 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 12/29/2008, 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 Salzrrtan Zoning Compliance Officer II pc: ZCV08-00354 Page 2 of 2 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail. bsalzman@co.weld.co.us November 17, 2008 LOPEZ LUCIANO 1705 MARY AVE WATTENBERG, CO 80621 Case: ZCV08-00354 Legal Description: 20128 L7 & L8 BLK22 WATTENBERG SITUS: 1705 MARY AV WELD 80621 Dear LOPEZ LUCIANO: 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: While the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES is an allowed use within an Agriculturally zoned subdivision, such as Wattenberg, it must be completely SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at all times and evidence of current registrations shall be submitted to this office. 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 VEHICLES. If the Zone district allows, the ifiretsi.\\ IIiDc COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us 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 Salzmah Zoning Compliance Officer II pc: ZCV08-00354 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R6071486 Tax Area: 2502 Acres: 0.1469 Township Ranee Section Ouart. Sec. 01-67-25-1 Owners Name & Address: LOPEZ LUCIANO 1705 MARY AVE WATTENBERG, CO 80621 Business/Complex: Sale Date Sale Price 8/15/2000 $70,000 Bordering County: Parcel#: 146925114008 Subdivison Name Block# Lo WATTENBERG - 22 - 7 Property Address: Street: 1705 MARY AV WELD City: WELD Legal Description Sales Summary Deed Type WD Reception # 2787885 20128 L7 & L8 BLK22 WATTENBERG SITUS: 1705 MARY AV WELD 80621 Land Type Residential Land Subtotal: Bldg# 1 Abst Code 1112 Property Type Residential Improvements Subtotal: Total Property Value Account#: R6071486 Owners Name & Address: LOPEZ LUCIANO 1705 MARY AVE WATTENBERG, CO 80621 Building# 1 Built As: Exterior: Land Valuation Summary Unit of Number of Measure Units Site Ranch 1 Story Frame Hardboard Buildings Valuation Summary Actual Value Building Details Assessed Value $26,000 $2,070 Actual Value Assessed Value $81,757 - $6,510 Property Address: Street: 1705 MARY AV WELD City: WELD Property Type Residential Individual Built As Detail Year Built: HVAC: $107,757 $8,580 1971 Forced Air Parcel#: 146925114008 http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1469... 11/13/2008 Identify Results Page 2 of 2 Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garaqe: Attached SQ Ft: Basement: Total SQ Ft: Drywall 1 1 Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 920 Composition Shingle 0 http://maps2.mer ick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1469... 11/13/2008 Ent COLORADO DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10'h Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: X ZONING CODE COMPLAINT Staff/Name:k 02 ❑ Citizen ❑ Other: O HEALTH DEPARTMENT Citizen's Name (If known)- ❑ WELD COUNTY SHERIFF'S OFFICE / ANIMAL CONTROL Phone Number (If known): O BUILDING CODE COMPLAINT O PUBLIC WORKS / PEST & WEEDS Date Complaint was received:' \'1"t':9") Pending Case # (i.e.``l�l.US�"1R, RE, SE, ect...): y �^ Legal Description: — I Et p') -till IL. aat, �le.t UV Violation Address: Property Owners Name: Property Owners Address: Tenant's Name: Parcel #4-45:1-,3F)*" Era aJ, lac is Phone: U1fl inh9M3, Cs) koZi Phone: Tenant's Address: NATURE OF COMPLAINT: 34- tact. ( k J0 YiAiIzO Additional Notes: 111111111111111111111III11111IIIIIIII 1 of 1 ��1111111�ii111R 5.000 7.00 Wed County CO ukamoto WARRANTY DEED THIS DEED, Made this 15th day of August , 2000, between Johnny Sandoval of the County of Weld and State of Colorado grantor, and Luciano Lopez fie. 7` whose legal address is 1705 Mary Avenue, Wattenburg, CO 80621 of the County of Weld and State of Colorado .grantee: WITNESSETH, That the grantor, for and in consideration of the sum of SEVENTY THOUSAND AND NO/100---- DOLLARS. ($70, 000.00 ), the receipt and sufficiency of which is hereby acknowledged. has granted, bargained. sold and conveyed, and by these presents does grant. bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lots 7 and 8, in Block 22, in the Town of Wattenberg, County of Weld, State of Colorado also known by street andnumber as 1705 Mary Avenue, Watt enburg, CO 80621 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, fur himself. his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the caseating 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 grantbargain, 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, sales, lien ere liens,taxes, yet assessments. encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year, a due or payable, mssements, restrictions, reservations, covenants and rights -of -way of record, If any. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable posses- sion of the grantee, his heirs and assigns. against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular. and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. hnny Se oval STATE OF Colorado COUNTY OF Adams Au ust , 2000 by The fora •'��mrment was acknowledged before me this 15th day of 9 Jo.:— �::..., :1 ....... ;lie CmE fxP\JC1: z,ARCHULETA OOt�: WARRAbt' '::. j nrapM1k Record) (naeu line 22, 2001 'mesas my ha and official sqQ. /a /J, t " 1 Notary //WY "T `fC Public Brenda L. Archuleta Flea UO4l877Ana STGC0 ituoi-+i877Aoo 415n � � `� � � � ♦ � , , . . \ �� , . . 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