HomeMy WebLinkAbout20091090.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST VIOLA 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, Viola Martinez, ZCV #0800190, 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 14th day of April, 2009, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, at which time
this matter was continued to May 12, 2009, to allow staff adequate time to contact the property
owner and discuss all the issues regarding this case.
WHEREAS, on the 12th day of May, 2009, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Fred Martinez, property owner's son, 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 July 12, 2009, to allow adequate time for the property owner to restore, remove
or properly screen to the FEMA requirements, the noncommercial junkyard, and to submit a Use
By Special Review application with all the flood plain requirements for the pallet business, or
completely remove the business 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 #0800190 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Viola 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 July 12, 2009, to allow adequate time for the property owner to restore,
remove or properly screen to the FEMA requirements, the noncommercial junkyard, and to submit
a Use By Special Review application with all requirements for the flood plain permits for the pallet
business, or completely remove the business to bring the subject property into compliance.
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2009-1090
/ PL0824
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VIOLATIONS - ZCV #0800190 - VIOLA MARTINEZ
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of May, A.D., 2009.
BOARD OF COUN Y COMMISSIONERS
ATTEST:
Weld County Clerk to the Board
BY:
Depuerk to the Board r
ORM:
County Attorney
Date of signature
EL4 •UNT
LORADO
. Garcia, hair
>.r
'ademach=r, Pro -Tern
EXCUSED
David E. Long
s,'27/e7
2009-1090
PL0824
Violation Summary Report
BASIC INFORMATION
MARTINEZ VIOLA
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
Parcel Number:
Certified Mail Date:
601 N 6TH AVE GREELEY, CO 80631
Ann Siron
ZCV08-00190
601 N 6 AV
13860 PT E2SE4SW4 32-6-65 & PT E2NE4NW4 5-5-65 LYING BET
POUDRE RIVER & W LN 6TH AVE GREELEY SITUS: 601 6 AV WELD
00000
Location North of and adjacent to C Street and approximately 1/4
mile West of Hwy 85
North Agriculture, C-3, 1-3 and R-1 zone districts and Greeley
city limits
South 1-3, R-1 and Greeley city limits
East Agriculture, 1-3, R-1 zone districts
West Agriculture, 1-3 and Greeley city limits
080332302002-R1295586 Acreage: 12.09
02/03/2009
Currently the property is in violation of:
23-3-330 1-3 (Industrial) Zone District.
23-3-330.A Intent. The purpose of the 1-3 Zone District is to provide a zone to
accommodate industrial USES which may create adverse visual impacts for ADJACENT
USES. As a result, such uses may required locations relatively isolated from other land
USE types.
23-3-330.E Site Plan Review Required. No land, BUILDING or STRUCTURE shall be
USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed, moved or structurally altered or operated in the 1-3 Zone District until a Site
Plan Review has been approved by the Department of Planning Services. It shall be
necessary that the applicant in the 1-3 Zone District certify and state that the performance
standards and district requirements that are applicable to the DEVELOPMENT and USES
of property zoned 1-3 have been or shall be complied with according to the intent of Article
II, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review
application process. Uses listed in Subsection D above as Uses by Special Review in the
1-3 Zone District shall be exempt from the Site Plan Review process and shall make
application for approval of a permit in accordance with the requirements and procedures
set forth in Article II, Division 4 of this Chapter.
23-3-330.E.1 Commercial towers subject to the provisions of Section 23-4-800.
23-3-330.E.2 CHURCH.
23-3-330.E.3 OIL AND GAS PRODUCTION FACILITIES.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power);
is partially or totally dismantled; has all or portions of its body work missing or is
substantially damaged; does not have valid registration with the State, as required by
Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is
not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is
lacking proper equipment to the extent that it would be unsafe or illegal to USE on public
road rights -of -way
or otherwise not equipped with lamps and other equipment, as required in Sections
42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry,
farm tractors or vehicles customarily operated in a FARMING operation.
2009-1090
Violation Summary Report
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags;
used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools;
used appliances; used lumber or crates; building materials; fabrication of any material;
used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts;
DERELICT VEHICLES; used tires and other manufactured goods that are so worn,
deteriorated or obsolete as to make them unusable in their existing condition.
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.
REMEDY
THE NONCOMMERCIAL JUNKYARD CONSISTING OF DIRT PILES, PALLETS, WOOD, DERELICT
VEHICLES AND CAMPER/TRAILERS, CONCRETE, AUTOMOBILE PARTS, SCRAP METAL AND
OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED FROM THE PROPERTY.
AFTER SPEAKING WITH PUBLIC WORKS SCREENING SAID JUNKYARD IS *NOT* AN OPTION
AND A PERMIT FOR THE PALLET BUSINESS MAY NOT BE AN OPTION, BECAUSE OF THE
FLOODPLAIN ISSUES . IF THIS IS THE CASE, THE COMMERCIAL PALLET BUSINESS SHALL BE
REMOVED FROM THE PROPERTY.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office for immediate legal action.
LETTER HISTORY
07/16/2008 Complaint Validated
07/16/2008 LTTR: 5 Day Letter
07/23/2008 LTTR: Violation Notice
02/03/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
07/23/2008 Phone Call
08/05/2008 Phone Call
RECEIVED A PHONE CALL FROM JOE MARTINEZ,
PROPERTY OWNERS SON. HE SAID THAT THE
GRAVEL WAS FROM CITY OF GREELEY AND THEY
WOULD BE REMOVING THAT. I TOLD HIM THAT THE
NONCOMMERCIAL JUNKYARD SHALL BE REMOVED.
THE PALLET BUSINESS WOULD NEED TO BE
REMOVED FROM THE PROPERTY OR PERMITTED.
(GIVEN THERE ARE NOT ISSUES REGARDING
FLOODPLAIN). I TOLD HIM HE HAD 30 DAYS. IF A
SIGNIFICANT AMOUNT OF PROGRESS TOOK PLACE
THEN I COULD GRANT *ONE* EXTENSION;
OTHERWISE THE CASE WILL BE HEARD THROUGH
A VIOLATION HEARING.
HIS MOTHERS NUMBER IS 356-2411 OR HIS CELL IS
518-2634
JOE MARTINEZ CALLED AND SAID THAT HE SPOKE
WITH THE CITY AND THEY WOULD BE REMOVING
ALL THE DIRT IN OCTOBER. HE SAID HE IS
LOOKING INTO A BURN PERMIT TO BURN OFF
SOME OF THE WOOD AND DEBRIS AND WOULD
CALL CLAY IN PUBLIC WORKS TO UPDATE HIM AS
WELL.
Ann Siron
From:
Sent:
To:
Subject:
Phillip Brewer
Monday, January 26, 2009 5:22 PM
Bethany Salzman; Ann Siron
Mess (not where soldiers eat) or P4
17JAr i C vna-ia-h`on
Good afternoon. I am writing to both of you as I don't remember where your boundary separates your two
territories.
The title of this note to you is abbreviated P4, that stands for "Pollution Prevention from a Pile of Pallets"
I just talked with a young man who has the charge of cleaning up his grandmother's property (601 N. 6th Ave)
that has been a source of concern for me and the Union Colony Fire/Rescue Authority over the years. I know of
the latter's concern as the UCFRA responded to an illegal fire there some years ago (I called them).
This property is located on the west side and just to the north of the 6th Ave bridge, south of the hide plant, and
north of UPS and the new Brewery. Part of the parcel (# 080332302002) has been annexed to the city, but most
(90% +/-) of it is in the county.
The property has 100's of old pallets that pallet people (P2) don't want
(per Mr. Martinez who has already called a number of P2's who have said the wood is too old for the pallets to
be of use).
I have been by that property a number of times over the past few years and it is a big mess (hence the title of this
note).
I told Mr. Martinez today, on the phone, that I would not issue an open buming permit for a volume of material
that size ---and additionally, I said to him the he would need to obtain an open burning permit from the UCFRA.
And one without the other, I said, would be "no permit."
So, here it goes does the county have any community clean up funds that could be used to assist
this land owner with clean up? Any $'s that could be used to offset deposit fees at the Green Cycle Center if he
were to truck all of those pallets there for chipping? Or, can we pay to have them hauled to A-1 west of Eaton?
Or are there funds for chipping them on site and hauling the chipped stuff off -site.
This property is almost a "community clean up event". Have either of you ever driven by this place? If not, you
should.
Thanks Ann or Beth J.P.B.
?d /n- 3O 8' -7'Vr
1
February 03, 2009
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
MARTINEZ VIOLA
601 N 6TH AVE
GREELEY, CO 80631
Case: ZCV08-00190
Legal Description:
13860 PT E2SE4SW4 32-6-65 & PT E2NE4NW4 5-5-65 LYING BET POUDRE RIVER & W LN 6TH AVE
GREELEY SITUS: 601 6 AV WELD 00000
Dear MARTINEZ VIOLA:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
04/14/2009 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.
23-3-40 Uses by special review
23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the commercial or industrial zone districts, provided that the property is not a lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption
of any regulations controlling subdivision. PUD development proposals shall not be permitted
to use the special review permit process to develop.
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 definiton does not include
COMMERCIAL VEHICLES.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power) is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
Page 1 of 3
COLORADO
WELD COON rY PLANNING DEPARTMENT
Ann Siron
Zoning Compliance Officer
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 x3566
FAX: 970-304-6498
E -Mail: asiron@co.weld.co.us
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way
or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors
or vehicles customarily operated in a FARMING opeartion.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used
cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances; used lumber or crates; building materials; fabrication of any material; used pipe
or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT
VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or
obsolete as to make them unusable in their existing condition.
To bring your property into compliance with the Weld County Code:
THE NONCOMMERCIAL JUNKYARD CONSISTING OF DIRT PILES, PALLETS, WOOD,
DERELICT VEHICLES AND CAMPER/TRAILERS, CONCRETE, AUTOMOBILE PARTS,
SCRAP METAL AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED FROM THE
PROPERTY.
AFTER SPEAKING WITH PUBLIC WORKS SCREENING SAID JUNKYARD IS *NOT* AN
OPTION AND A PERMIT FOR THE PALLET BUSINESS MAY NOT BE AN OPTION,
BECAUSE OF THE FLOODPLAIN ISSUES . IF THIS IS THE CASE, THE COMMERCIAL
PALLET BUSINESS SHALL BE REMOVED FROM THE PROPERTY.
SHOULD THE PROPERTY BE BROUGHT INTO COMPLIANCE PRIOR TO THE HEARING
DATE AND AN ON -SITE INSPECTION SCHEDULE THEN THE 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.
Page 2 of 3
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
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 includin
the action necessary to correct the violation, and
this violation. If you have any questions concernir o
ru
Sincerely,
Ann Siron
Zoning Compliance Officer
pc: ZCV08-00190
• 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:
VI'ola Olarfi ne z.
loth
Gra / / Co 80(031
2. Article Number
(transfer from service label)
PS Form 3811, February 2004
U.S. Postal ServiceTM
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 Si Fees
Postmark
Here
Sent To Q I
- LcA ---.--- c -fin
Bernet, Apt. L.;
or PO Box No. eo�.- -.LA//) 4u`
City, State, ZIP+a
t
A.
X
Si • nature
B. •' ecelved by (Printed Na
Weld County Planning Depa
❑ Agent
❑ Addressee
C�Date of
❑ Yes
❑ No
D. Is delive ��- a ? "• -m 1?
If YES, enter delivery address below:
FEB 09 7000
RECEIVED
e Type
Certified Mail
Registered
O Insured Mail
❑ Express Mail
O Return Receipt for Merchandise
O C.O.D.
4. Restricted Delivery? (Extra Fee) O Yes
7005 1160 0001 4539 2550
Domestic Return Receipt
102595-02M-1540
Page 3 of 3
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July 23, 2008
MARTINEZ VIOLA
601 N 6TH AVE
GREELEY, CO 80631
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: ZCV08-00190
Legal Description: 13860 PT E2SE4SW4 32-6-65 & PT E2NE4NW4 5-5-65 LYING BET POUDRE
RIVER & W LN 6TH AVE GREELEY SITUS: 601 6 AV WELD 00000
Dear: MARTINEZ VIOLA :
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:
IF OBTAINING A USE BY SPECIAL REVIEW PERMIT IS OF INTEREST TO YOU, THIS
WOULD NEED TO DISCUSS WITH A PLANNER. AN APPOINTMENT MUST BE
SCHEDULED WITH KIM OGLE, PLANNING MANAGER AT 970-353-6100 EXT. 3540. TO
BETTER SERVE YOU PLEASE BRING THIS LETTER WITH YOU.
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.
23-3-40 Uses by special review
23-3-40.R Any use permitted as a Use by Right, an Accessory Use, or a Use by Special
Review in the commercial or industrial zone districts, provided that the property is not a lot in
an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of
any regulations controlling subdivision. PUD development proposals shall not be permitted to
use the special review permit process to develop.
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.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power) is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
Page 1 of 2
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-Maitasiron@coveld.co.us
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way
or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202
to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or
vehicles customarily operated in a FARMING operation.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used
cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances; used lumber or crates; building materials; fabrication of any material; used pipe or
pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES;
used tires and other manuufactured goods that are so worn, deteriorated or obsolete as to
make them unusable in their existing condition.
To bring your property into compliance with the Weld County Code:
THE NONCOMMERCIAL JUNKYARD CONSISTING OF DIRT PILES, PALLETS, WOOD,
DERELICT VEHICLES AND CAMPER/TRAILERS, CONCRETE, AUTOMOBILE PARTS,
SCRAP METAL AND OTHER MISCELLANEOUS DEBRIS SHALL BE REMOVED FROM
THE PROPERTY.
AFTER SPEAKING WITH PUBLIC WORKS SCREENING SAID JUNKYARD IS *NOT* AN
OPTION AND A PERMIT FOR THE PALLET BUSINESS MAY NOT BE AN OPTION,
BECAUSE OF THE FLOODPLAIN ISSUES . IF THIS IS THE CASE, THE COMMERCIAL
PALLET BUSINESS SHALL BE REMOVED FROM THE PROPERTY.
IF SUBSTANTIAL PROGRESS IN CORRECTING THIS VIOLATION HAS TAKEN PLACE
THEN ONE ADDITIONAL EXTENSION MAY BE GRANTED; OTHERWISE THIS CASE
WILL BE PRESENTED TO THE COUNTY COMMISSIONERS THROUGH A VIOLATION
HEARING.
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
08/23/2008, 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,
LC/tG'Ki
Ann Siron
Zoning CompliancL Officer
pc: ZCV08-00190
Page 2 of 2
Ann Siron
From:
Sent:
To:
Subject:
Attachments:
Clayton D. Kimmi
Wednesday, July 16, 2008 3:34 PM
Ann Siron
More photos of 601 N 6th Ave
P7160010.JPG; P7160012.JPG; P7160013.JPG
P7160010.JPG (4 P7160012.JPG (4 P7160013.JPG (4
MB) MB) MB)
Ann,
Here are some more pictures of 601 N 6th Ave. Dave Bauer thought this might be an opportunity for us to work
together on getting the site cleaned up. We would like to coordinate with you so it appears the County
Departments are working in unison. I am working on letter regarding the floodplain violations that could
probably incorporate your violations into if you want. Let me know if you have any questions.
P7160010 — View of the pallets stacked at the south end of the property. Photo taken from 6th Ave.
P7160012 — View of a few of the vehicles stored on site. Photo taken from 6th Ave.
P7160013 — Same vehicles as in P7160012 but taken from the Swift Parking Lot north of the property. View is
looking south.
Thanks
Clay Kimmi, P.E.
Drainage and Floodplain Engineer
1111 H Street
Greeley, CO 80632
(970) 304-6496 x 3741
1
Let me know if you have any questions or need anything else.
Thanks
Clay Kimmi, P.E.
Drainage and Floodplain Engineer
1111 H Street
Greeley, CO 80632
(970) 304-6496 x 3741
2
Ann Siron
From:
Sent:
To:
Cc:
Subject:
Attachments:
Clayton D. Kimmi
Tuesday, July 15, 2008 11:35 AM
Ann Siron
Clayton D. Kimmi
601 N 6th Ave
P7150010.JPG; P7150011.JPG; P7150012.JPG; P7150013.JPG; P7150014.JPG;
P7150015.JPG; P7150016.JPG
P7150010.JPG (55 P7150011.JPG (57 P7150012.JPG (76 P7150013.JPG (72 P7150014.JPG (84 P7150015.JPG (89 P7150016.JPG (65
KB) KB) KB) KB) KB) KB) KB)
Ann,
Attached are the photos that I took at 601 N 6th Ave this morning. I was at the site in response to a complaint
from a neighbor regarding the fill in the floodplain. A contractor for the City of Greeley dumped about 100
piles of fill on the property. While looking at the fill issue, I noticed that there were a lot of other types of debris
located on the property. There are piles of concrete, railroad ties, trees, pallets and old cars scattered around the
property.
We will handle the fill in the floodplain issue but I was told to contact you regarding the other stuff. The parcel
number for the property is 080332302002.
L137150010 5001 0 — picture looking SW at the fill in the floodplain
P7150011 — closeup view of the fill in the floodplain
4715047
012 — looking west from the Swift parking lot at debris located on the property
77150013 — looking SW from the Swift parking lot at debris located on the property
\/7150014 — looking SW from the Swift parking lot at debris located on the property
P7150015 — closeup view of the debris on the property
P7150016 — view of the fill in the floodplain looking west from 6th Ave
All of the photos were taken at the north end of the property. I don't have any photos of the south half of the
property where all of the pallets are located.
LCL&f- cyv'tk 8
Ann Siron
From:
Sent:
To:
Cc:
Subject:
Thanks for the update.
Clayton D. Kimmi
Wednesday, July 23, 2008 2:44 PM
Ann Siron
Clayton D. Kimmi
RE: 601 N 6th Ave
Just an FYI, the property owner cannot put up a screen that will impede the flow of flood waters. We told the
owner that the pallets, railroad ties, and other construction debris would have to be removed due to the fact that
they impede the flow of flood waters. I reiterated that point to Joe when he called me yesterday and again this
morning.
If they go through with the USR process, they will have to provide evidence showing that they are not causing a
rise in the flood elevation on other properties. They will also be required to obtain a Flood Hazard
Development Permit.
Joe told me this morning that they were going to being removing the railroad ties and other debris.
Thanks
Clay
Original Message
From: Ann Siron
Sent: Wednesday, July 23, 2008 2:09 PM
To: Clayton D. Kimmi
Subject: RE: 601 N 6th Ave
Thanks for the update Clay! I just got off the phone with Joe Martinez (property owner's son) and he kind of
gave me the gist of what he's doing out there as well. I'm asking that the Noncommercial Junkyard be removed
or screened and the pallet business will need to be removed or permitted through the Use by Special Review
process. 1 am giving them the typical 30 days. I told him if I saw significant progress on -site ONE extension
may be granted. Otherwise they will be scheduled, most likely, into September's violation hearings. October's at
the latest.
If you need to contact him for any reason he also gave me his cell number: 518-2634
Thanks! -Ann
Original Message
From: Clayton D. Kimmi
Sent: Tuesday, July 22, 2008 10:38 AM
To: Ann Siron
Cc: Clayton D. Kimmi
Subject: 601 N 6th Ave
Ann,
Just an update on 601 N 6th Ave. I spoke with the owner's son yesterday. The conversation started out what to
do about the fill in the floodplain. It eventually progressed into what the landowner had to do with all of the
other stuff that was in violation of the floodplain regulations. During the conversation, it came out that one of
the owner's sons was tearing all of those old pallets apart and making new pallets out of them. I didn't get
much more out of him than that.
Dave Bauer said to provide you with the information so you could be in the loop. Let me know if you have any
questions.
By the way, I obtained the landowner's phone number from the City of Greeley. It is 356-2411.
Thanks
Clay
2
a
flt a Weld County Planning Department
III1De GREELEY OFFICE
COLORADO RECEIVED
July 18, 2008
Viola Martinez
601 N 6t i Ave
Greeley, CO 80631
PUBLIC WORKS DEPARTMENT
1111 H STREET, P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE: WWW.CO.WELD.CO.US
PHONE: (970) 356-4000, EXT. 3750
FAX: (970) 304-6497
Re: Fill and Construction Debris in the Cache La Poudre Floodplain
Dear Ms. Martinez,
The Weld County Public Works Depai tuient received a complaint regarding the dumping of fill and
construction debris in the Cache La Poudre Floodplain. On July 15, 2008, Public Works employees drove by
the property and observed about 100 piles of fill dirt located in the northeast corner of your property (Picture
1). We also noted the dumping of concrete debris, railroad ties, dead trees, and pallets long the south and
west edges of your property (Pictures 2 and 3). Weld County Code Chapter 23 prohibits encroachments
including fill into the 100 -year floodplain unless a professional engineer has certified that such encroachments
will not result in any increase in flood levels during a 100 -year flood. A Flood Hazard Development Permit
(FHDP) is also required prior to the placement of any fill or debris in the floodplain. Placement of fill in a
floodplain may cause flooding on others with the liability coming back to you.
Since no FHDP has been received and approved for this property, all fill and debris must be removed from the
property. The enclosed map shows the fill in the northeast corner of the property and some of the other areas
in which material will have to be removed from your property. The attached map is not meant to be inclusive
of all floodplain violations on your property.
The Weld County Planning and Zoning Department will be contacting you with their additional concerns
regarding zoning violations occurring on your property.
Please respond in writing with your plans and a schedule of your solution for removing the floodplain hazards
(fill, concrete debris, railroad ties, pallets, etc). If you have any questions, you may contact me or our
floodplain administrator, David Bauer, P.E., CFM, during regular business hours.
Sincerely,
Clayton D. Kimmi, P.E.
Weld County Public Works
Attachments: Property Map
Photos showing violations
Original: Viola Martinez, Landowner
CC: David Bauer, P.E., CFM, Weld County Public Works
Ann Siron, Weld County Planning and Zoning
County Attorney
Page 1 of 4 July 18, 2008
M:\CIay4Flaodplain Complaints\601 N 6th Ave\Martinez Letter 7-16-06 doc
Legend
Parcels
100yr
- 500yr
- f oodway
601 N 6th Ave Floodplain Violations
N
[�� 200 400
\l' ‘17/1
17 L S4 Feet 1 inch equals 200 feet
Page 2 of 4 July 18, 2008
M:\CIafFloodplain Complaints\601 N 6th Ave Martinez Letter 7-16-06 doc
Picture 1: View of the northeast portion of the property from 6th Avenue looking west towards the Cache La
Poudre River. Note the piles of fill in the foreground. Note the piles of debris and fill in the background.
Picture 2: View of the piles of debris and fill along the western property boundary. Picture was taken from the
north property line looking south.
Page 3 of 4 July 18, 2008
M:\Clay\Floodplain Complaints\601 N 6th Ave \Martinez Letter 7-16-06.doc
Picture 3: View from 61h Avenue looking west at the pallets piled on the south end of the property.
Page 4 of 4 July 18, 2008
MdClay\Floodplain Complaints\601 N 6th Ave\Martinez Letter 7-16-06.doc
oct'Ar,
hiDe
July 16, 2008
MARTINEZ VIOLA
601 N 6TH AVE
GREELEY, CO 80631
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: ZCV08-00190
Legal Description: 13860 PT E2SE4SW4 32-6-65 & PT E2NE4NW4 5-5-65 LYING BET POUDRE RIVER
& W LN 6TH AVE GREELEY SITUS: 601 6 AV WELD 00000
Dear MARTINEZ VIOLA:
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 LARGE PILES
OF CONCRETE, PALLETS, DERELICT VEHICLES, TREE LIMBS, RAILROAD TIES AND
POSSIBLY OTHER 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 alos 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 properites and public rights -of -way.
Please contact me within five working days of the date of this letter to review these concerns with me. Feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with
you.
Sincerely,
/'
Ann Siron
Zoning Compliance Officer
pc: ZCV08-00190
Page 1 of 1
WIDC.
COLORADO
DEPARTMENT OF PUNNING SERVICES
Con e Cornplian_e Division.
918-10" Si -red -et, Greeley, CO 806_1
Pnone: (9,—a 333-6100, Bxt.:340
ra>:: (570) 30-4'496
ZONLING and/or BUILDING CODE COMPLAINT FORMS
Complaint ininat= nv'. �C.11� D -
3141
• ZONING CODE COMPLAINT Staff/Nam(1/AV 116[ Cmzen OM=
O HEALTH DEPARTMENT Cn;zen's Name (If lmowni
• WELD COUNTY SHERI—rF s OFFICE ! ANIMAL L CONTROL Panne Nomoer (If known
C BUILDING CODE COMPLAINT
C PUBLIC WOR_I S / PEST Si WEEDS
Pendant! Case # ii.e LISP-, RE. SE. eat_.
Date Coznuiaint was received- 7 — (c,
r
Ls Parcel t. (
e^_ai _.,-rtpnoa: �i�i.JL'C-X.L.z1 .J ? oi-�n -11[6:t�Nl'�/,4r�t :�F '�-���-, T' ((CI - -
Violation Address: /O(1 / A./ l /AQ U/
Properp Owners Name.`f li /77.(2 /2 l
I7opem•'
Tenants Name
oft 21
Pnone
Phone
Tenaaf s Address:
NA.TUPS OF COMPLAINT c 9:7'( p( /f f cj 42,Q( ( ( / �,_y ( , 62/ 7 P lL e
LfA/I'PS J7(/S l5 / �S TCL f
Additional Notes.
Identify Results
Page 1 of 2
Account#: R1295586
Tax Area: 0604
Acres: 13.07 ,
Township Rave Section Quart. Sec.
06-.65-32-5
Owners Name & Address:
MARTINEZ VIOLA
601 N 6 AVE
GREELEY, CO 80631
Business/Complex:
Sale Date
6/21/2002
WELD COUNTY ASSESSOR
PROPERTY PROFILE
„-x ttKK Bordering County:
Subdivison Name Block# Lot#
Sale Price
$0
Property Address:
Street: 601 6 AV WELD
City: WELD
Sales Summary
Deed Type
QCN
Legal Description
Parcel#: 080332302002
Reception #
2967626
13860 PT E2SE4SW4 32-6-65 & PT E2NE4NW4 5-5-65 LYING BET POUDRE RIVER & W LN 6TH AVE GREELEY SITUS: 601 6 AV
WELD 00000
Land Type
Residential
Land Subtotal:
Bldg#
1
2
Abst Code
1112
Property Type
Out Building
Mobile Home
Improvements Subtotal:
Total Property Value
Land Valuation Summary
Unit of
Measure
Acres
Number of
Units
13.07
13.07
Buildings Valuation Summary
Actual Value
$113,709
Actual Value
$30,252
$143,961
Assessed
Value
$9,050
Assessed
Value
$2,410
$11,460
Building Details
Account#: R1295586 Parcel#: 080332302002
Owners Name & Address:
MARTINEZ VIOLA
601 N 6AVE
GREELEY, CO 80631
Building#
1
Built As:
Property Address:
Street: 601 6 AV WELD
City: WELD
Property Type
Out Building
Individual Built As Detail
Shed - Utility Year Built:
1948
ldtn•//n,nnc'7 .,,nn -4 nnm/WIIake;tnAll7n1A /rat Qnl orn9a,,,A=(1T TPDVR,TIFT=PPRrnin=(TR(12
(17/1 S/2(1(1R
Identify Results Page 2 of 2
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Wood Frame Siding
0
0
1
0
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
None
240
Units: 0
Detached SQ Ft:
Finished SQ Ft:
Account#: R1295586 Parcel#: 080332302002
Owners Name & Address: Property Address:
MARTINEZ VIOLA Street: 601 6 AV WELD
601 N 6 AVE City: WELD
GREELEY, CO 80631
Building*
2
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
MH Make
Double Wide
Hardboard Sheet
Drywall
2
3
1
6
Property Type
Mobile Home
Individual Built As Detail
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
1991
Forced Air
1568
Shingle Comp
Units: 0
Detached SQ Ft:
Finished SQ Ft:
Mobile Home Details
MH Length
0
MH Width
0
htt.,•//n,nncl ,,,P„ -;n1, cinwn/AlliabeItc./11Tal,l/untQn1 aen9nn,ri=(1f 1PPVZflPT=PPRrnin=flR1 l 071 S/7n0R
Page 1 of 1
Ann Siron
From: Clayton D. Kimmi
Sent: Tuesday, July 15, 2008 11:35 AM
To: Ann Siron
Cc: Clayton D. Kimmi
Subject: 601 N 6th Ave
Attachments: P7150010.JPG; P7150011.JPG; P7150012.JPG; P7150013.JPG; P7150014.JPG;
P7150015.JPG; P7150016.JPG
Ann,
Attached are the photos that I took at 601 N 6th Ave this morning. I was at the site in response to a complaint
from a neighbor regarding the fill in the floodplain. A contractor for the City of Greeley dumped about 100 piles of
fill on the property. While looking at the fill issue, I noticed that there were a lot of other types of debris located on
the property. There are piles of concrete, railroad ties, trees, pallets and old cars scattered around the property.
We will handle the fill in the floodplain issue but I was told to contact you regarding the other stuff. The parcel
number for the property is 080332302002.
P7150010 — picture looking SW at the fill in the floodplain
P7150011 — closeup view of the fill in the floodplain
P7150012 — looking west from the Swift parking lot at debris located on the property
P7150013 — looking SW from the Swift parking lot at debris located on the property
P7150014 — looking SW from the Swift parking lot at debris located on the property
P7150015 — closeup view of the debris on the property
P7150016 — view of the fill in the floodplain looking west from 6th Ave
All of the photos were taken at the north end of the property. I don't have any photos of the south half of the
property where all of the pallets are located.
Let me know if you have any questions or need anything else.
Thanks
Clay Kimmi, P.E.
Drainage and Floodplain Engineer
1111 H Street
Greeley, CO 80632
(970) 304-6496 x 3741
07/15/2008
626
111111111111111111111111111111111111111III11111IIII IIII
2667626 07/06/2002 03 47P Weld County, CO
1 0l 2 R 10.00 0 0.00 J.A, "Saki" Tsulamoto
QUIT CLAIM DEED
THIS DEED, Made this 21st day of June ,2002 ,
between
VIOLA MARTINEZ AND BERNARDO MARTINEZ AND MICHAEL
MARTINEZ AND FRED MARTINEZ
u1 the County of Weld
grantor( e), and
VIOLA MARTINEZ
and State of Colorado
whose legal address is 601 North 6th Avenue, Greeley, CO 80631
of the County of Weld and State of Colorado , grantee(s):
WITNESSETH, That the grantor(s), for and in consideration of the sum of Ten Dollars and No/100ths—
DOLLARS, ($10.00 )•
the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold. and QUIT CLAIMED. and by
these presents does remiss, release. sell, and QUIT CLAIM unto the grantee(s), his heirs. successors and assigns, forever, all the
right. title. iterest, claim and demand which the grantor(s) has in and to the real property. together with hnprnvements.
if any. situate, lying and being in the County of Weld , and Slate of Colorado, described as follows:
SEE ATTACHED LEGAL DESCRIPTION
also known by street and number as 601 North 6th Avenue, Greeley, CO 80631
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or
in anywise thereunto appertaining, and all the estate. right, tide, interest. and claim whatsoever, of the granmrts), either in law or
equity. to t e only proper use, benefit and behoof of the grantee(s), his heirs and assigns forever.
The singular number shall include the plural, the plural the singular, and the use of any gender shall he applicable Io all genders.
IN WITNESS WHEREOF. the grantor(s) has executed this deed on the dale set forth above.
VIOLA MARTINEZ
BE AEDOO MARTINEZ �...
14,1
MICHAEL MARTINEZ FRED MARTINEZ
STATE OF COLORADO
COUNTY OF WELD
The foregoing instrument was ackno
VIOLA MARTINEZ AND B
My Commission expires:
INS
me this 21st day of June, 2002 • ,by
NEZ AND MICHAEL MARTINEZ AND FRED MARTINEZ
DRST
•
IYNNETTE R.
STEWART
My Commission Expires Aug. 26, 2001
Am
MERIT
mti r sLem1 DEED (uxcvt
(RICAN
UZ AV),(SQa
Flat [X32134802
Order No. LR32134B02
LEGAL DESCRIPTION
All of the land lying East of the Cache La Poudre River being more
particularly described as follows: All of Block 198 in the City of Greeley,
according to the recorded plat thereof; said tract of land being further and
more fully described as Lot 198 of the Southeast Quarter of the Southwest
Quarter (SE1/4 SW 1/4) of Section 32, Township 6 North, Range 65 West of the
6th P.M., according to Subdivision of Lands made by the Union Colony of
Colorado. This description includes a piece of land lying East of the Cache La
Poudre River which would be included in a continuation of the South line of
said Lot East of the Half Section Line of said Section 32, thence North along
said Half Section Line to a point directly in line with the North line of said
lot; thence Westerly to the Northwest Corner of said Lot 198,
COUNTY OF WELD,
STATE OF COLORADO
1111111111111111111 IIII til 111111111111 III ig IIII
2967626 07/0912002 0317? Wald County, CO
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