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Home My WebLink About20091600.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0900122 AGAINST TONY GUITIERREZ AND RITA GAONA 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, Tony Guitierrez and Rita Gaona, ZCV #0900122, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 14th day of July, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Tony Guitierrez and Rita Gaona were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Tony Guitierrez and Rita Gaona to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 2009-1600 06 . I'I , tire e- CO/R-(47 PL0824 VIOLATIONS - ZCV #0900122 - TONY GUITIERREZ AND RITA GAONA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD CO ; , COLORADO ATTEST: 41444/ Weld County Clerk to the B BY: -11-i Deputy Clerk APPRO Lv1 the Board AS TO FO ounty Attorn y Date of signature €3113109 liam F. Garcia, Chair Douglas,Ftademac er, Pro -Tern Seen P. Conway rbara Kirkmeyer EXCUSED David E. Long 2009-1600 PL0824 V Hlation Summary Reprrt BASIC INFORMATION GUITIERREZ TONY & GAONA RITA 431 WALL ST Tenant: Compliance Officer: Ann Siron Violation Number: ZCV09-00122 Situs Address: Legal: EATON, CO 80615 L28 THRU 29 BLK 4 EAST SIDE ADD (EATON OUT) SITUS: WELD 0 Location: Location East of Hwy 85 and East of and adjacent to Wall Street in East Side Eaton North Agriculture zone districts and Eaton city limits South Some Agriculture zone districts and Eaton city limits East Agriculture zone districts and Eaton city limits West Some Agriculture zone districts and Eaton city limits Parcel Number: 070931303018-R7211198 Acreage: 0.16 Certified Mail Date: 06/01/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobiel parts; DERELICT VEHICELS; 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. REMEDY THE NONCOMMERCIAL JUNKYARD CONSISTING OF TRASH, WOOD, TREE LIMBS AND MISCELLANEOUS DEBRIS SHALL BE REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. 2009-1600 V elation Summary Rep''rt RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. LETTER HISTORY 04/23/2009 Complaint Validated 04/23/2009 LTTR: 5 Day Letter 04/30/2009 LTTR: Violation Notice 06/01/2009 LTTR: Hearing Notification OTHER CASE HISTORY 04/20/2009 Property Inspected 05/29/2009 Property Inspected UPON A VISUAL INPSECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: TRASH, WOOD, TREE LIMBS, DEBRIS. UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: THE PROPERTY HAS BEEN CLEANED UP AND THE LIMBS AND DEBRIS CONSOLIDATED. ONLY 3 LARGE PILES OF DEBRIS REMAIN. "IDe COLORADO June 01, 2009 GUITIERREZ TONY & GAONA RITA 431 WALL ST EATON, CO 80615 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E -Mail: asiron@co.weld.co.us Case: ZCV09-00122 Legal Description: L28 THRU 29 BLK 4 EAST SIDE ADD (EATON OUT) SITUS: WELD 0 Dear GUITIERREZ TONY & GAONA RITA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 07/14/2009 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. 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 automobiel parts; DERELICT VEHICELS; 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 Page 1 of 2 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 uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF TRASH, WOOD, TREE LIMBS AND MISCELLANEOUS DEBRIS SHALL BE REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. THE PROPERTY HAS BEEN IN THE PROCESSES OF GETTING CLEAN-UP AND IT APPEARS THE TREE LIMBS AND DEBRIS HAVE BEEN CONSOLIDATED INTO 3 REMAINING PILES. IF THESE PILES CAN BE REMOVED PRIOR TO THE SCHEDULED HEARING DATE THIS CASE WILL BE REMOVED FROM THE DOCKET. OTHERWISE HEARINGS WILL CONTINUE AS SCHEDULED. This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, Ann Siron Zoning Compliance Officer pc: ZCV09-00122 Page 2 of 2 U.S. Postal Service,. CERTIFIED MAIL. RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage 8 Fees fti Se rTo t O al CD Stet, .opc No.; � C or PO Box No. City, State, ZIP.a 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: my &u; firerrtz e/ gj-fra 67aOne, 43/ uIPP 5-E- Ealon, CO 806,15 Postmark Here COMPLETE THIS SECTION ON DELIVERY eel(' ▪ / D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: No by ( Printed Nam j C. Date of Delivery t>i, 3. a Ice Type Certified Mail O Registered ❑ Insured Mail 4. Restricted Delivery? (Extra Fee) ❑ Yes O Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7007 1490 0004 7353 2020 Domestic Return Receipt 102595-02-M-1540 rftv. WUDe COLORA April 30, 2009 GUITIERREZ TONY & GAONA RITA 431 WALL ST EATON, CO 80615 WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 970-304-6498 E-Mail:asiron@co.weld.caus Case: ZCV09-00122 Legal Description: L28 THRU 29 BLK 4 EAST SIDE ADD (EATON OUT) SITUS: WELD 0 Dear: GUITIERREZ TONY & GAONA RITA : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF TRASH, WOOD, TREE LIMBS Page 1 of 2 pct:t "DC. COLORA WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:970-304-6498 E-Mail:asiron@co.weld.co.us AND MISCELLANEOUS DEBRIS SHALL BE REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS -OF -WAY. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 06/01/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Ann Siron Zoning Compliance Officer pc: ZCV09-00122 Page 2 of 2 April 23, 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 GUITIERREZ TONY & GAONA RITA 431 WALL ST EATON, CO 80615 Case: ZCV09-00122 Legal Description: L28 THRU 29 BLK 4 EAST SIDE ADD (EATON OUT) SITUS: WELD 0 Dear GUITIERREZ TONY & GAONA RITA: 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: A NONCOMMERCIAL JUNKYARD CONSISTING OF TRASH, WOOD, TREE LIMBS AND MISCELLANEOUS DEBRIS. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way. Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincere evLO Ann Siron Zoning Compliance Officer pc: ZCV09-00122 Page 1 of 1 fi=t' T 111k. 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 : Z C'C9- (0;4 i2r<ONING CODE COMPLAINT ❑ Staff/Namee Citizen ❑ Other 0 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 Date Complaint was received: ti'Jo -� Pending Case # (i.e. USA, RE, SE. ect...): Legal Description: Violation Address: L -.2f -.f9 ,Br.v, �'•4 2JI fafc-, �'� % CL/SI- Parcel #: 6709-31-3-63 -O18' 0�f4U d Q /7a Property Owners Name:hd/lyawf'iJrre?. Phone: Property Owners Address: L/3/ ( JcAt'. C CL z« 'SQLP /5 Tenant's Name: Phone: Tenant's Address: NATURE �//-- // ,[�OF /� LL T l t4/1, tbred, /- n T /AL/.18 7 a[.L &[s COMPLAINT: Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7211198 Parcel#: 070931303018 cvaarriravrx;.rats.,,VII. r.+x.;nrxff.OZI I?%vm^ai:;:c:.-.uwxui!..xcor. .u..ne seISIIIIWU.V ruomnryvavn,s_^.--- Z..-'tIIRR, flc+Iraasus ,f.a.,> ._-•,••.rrrsfScsrmVnvoncnw-.w:3n'axcftrMr4w+s,ycmai Tax Area: 3874 Bordering County: Acres: 0.1606 Township Range Section Quart. Sec. Subdivison Name Block# Lot# EAST SIDE ADD - 4 - 28 07-65-31 3 %:Mr;�:M./"J RIYYW..R43.i*Wfl VAGYMY•Af:1.1JM fl. 13["NS.T%GRS0.srozzametwftH!'KGRXZA'A.N.wsn1•,:YRJRt:N avnuramennua,1L.R1H(M.YtfR'.'.aY.AhIIMmvustrrk,rirR•L9SalitlYS'+q:ltT'1YiNIV:.."3f:Rtt>:.SYaGV.I':iiyi:....42.•,:Y`.<,,, Owners Name & Address: GAONA RITA & 431 WALL ST EATON, CO 80615 Property Address: Street: 437 WALL ST WELD City: WELD Additional Owners: GUITIERREZ TONY Business/Complex: Sale Date Sale Price $0 Sales Summary Deed Type Reception # Legal Description L28 TI-IRU 29 BLK 4 EAST SIDE ADD (EATON OUT) SITUS: WELD 0 Land Type Residential Land Subtotal: Abst Code 1112 Land Valuation Summary Unit of Number of Measure Units Square Feet 7000 Actual Value Assessed Value 7000 $15,050 $1,200 Buildings Valuation Summary Bldg# 1 Property Type Residential Improvements Subtotal: Actual Value Assessed Value $68,377 $5,440 Total Property Value Account#: R7211198 Owners Name & Address: GAONA RITA & 431 WALL ST EATON, CO 80615 Building# 1 Building Details Property Address: Street: 437 WALL ST WELD City: WELD Property Type Residential Individual Built As Detail $83,427 $6,640 Parcel#: 070931303018 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07093... 4/20/2009 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 0 1 4 Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 1940 Forced Air 750 Composition Shingle 1 http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=07093... 4/20/2009 I IIIIII IIIII IIIII III, 'll 11111 IlIE III IIIII IIII III! 3358933 01/3012006 03:47P Weld County, CO 1 of 1 R 6.00 D 0.0D Steve Moreno Clerk & Recorder 933 QUIT CLAIM DEED THIS DEED is a conveyance from the individual(s), corporation(s) or other entity (ies) named below as GRANTEE of whau vet- interest the GRANTOR may have in the real property described below. The GRANTOR heraby sells and quit claims to the GRANTEE the real property described below with all its appurtanccs. The specific terms of this deed arc: Grantor: Tony Gutierrez, Rita Gaona and Joe Caona Grantee: Rita Gaoaa and Tony Guitierrez Form of Co-OwnerAip: in joint tenancy Property Description: Lots 26,27,28, and 29 in Block 4 East side addition to the Town of Eaton, County of Weld, State of Colorado Address: TBD Wall Street, Eaton, CO 80615 Reservations/Restrictions: Executed by the Grantor on the 25th day of January, 2006. Signature clause far lndividual(s) ere A O r+1 R STATE OF COLORADO) CQIJI7 OF WELD ) foreg68lginstrument was acknowledged before me this 25th day of January, 2006, 44.• • G e S tt�r ny')6uittlritz, Rita Gaona and Joe Gaona N 3y r A -rit. z.MYHAND AND OFFICIAL SEAL ♦' My Coinmissilb'expires; October 9, 2006 hi i Notary Public EAST EATON ci I Til I l it 'I 'I III Pi ' I l I - I_ h is r r rr l _ J a' cJ a' NJ 1= Lti - �1 Hello