HomeMy WebLinkAbout20082403.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONER REGARDING VIOLATION ZCV#0800150
AGAINST JACINTO AND NORMA CABELLO 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, Jacinto and Norma Cabello, ZCV#0800150, 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 9th day of September,2008,a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Jacinto and Norma Cabello 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 Jacinto and Norma Cabello 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.
2008-2403
o PL0824
0(J , l L , G'/oc, 10703708'
VIOLATIONS - ZCV#0800150 - JACINTO AND NORMA CABELLO
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of September, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
Y.. WELD COUNTY, COLORADO
ii0
ATTEST: 0_J `'1> ,'i--1 ti
iser f. •,Ft:,$),t m H. Jerke, Chair
Weld County Clerk to the B rd ��„,"
Fe
obert D. asd egrRfo- em
BY:
De ty Cle to the Board)
Will F. Garcia
AP V AS TO F c F
David E. Long
unty Attorney
Dougla Rademac er
Date of signature: lb 2-10%
2008-2403
PL0824
Violation Summary Report
BASIC INFORMATION
CABELLO JACINTO & NORMA 7669 HENRY AVE FT LUPTON, CO 80621-4201
Tenant:
Compliance Officer: Bethany Salzman
Violation Number: ZCV08-00150
Situs Address: 15507 CAROLINE AV
Legal: AR21-8 L8 BLK21 ARISTOCRAT RANCHETTES INC SITUS: 7669
HENRY ST WELD 80621
Location: Location South of and adjacent to CR 18 and East of and adjacent
toCR31
North Agriculture with residences
South Industrial plant/Agriculture
East Agriculture
West Agriculture with minimal residences
Parcel Number: 130927113002-R5202886 Acreage: 0.99
Certified Mail Date: 08/13/2008
Currently the property is in violation of:
Chapter 23, Article II1(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.
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
As we have discussed in the past, while the presence of DERELICT VEHICLES is an allowed use in
the Agricultural Zone District, they must be completely SCREENED from all adjacent properties and
public rights-of-ways. The utilization of tarps as screening is not an allowed use. Otherwise, they shall
be restored or removed from the property.
RECOMMENDATION
The Department of Planning Services recommends this case to be referred to the County Attorney's
Office for immediate legal action.
LETTER HISTORY
06/24/2008 Complaint Validated
06/24/2008 LTTR: 5 Day Letter 2008-2403
Violation Summary Report
07/10/2008 LTTR: Violation Notice
08/13/2008 LTTR: Hearing Notification
OTHER CASE HISTORY
01/17/2006 Other VI-0600021 Violation initiated - Noncommercial Junkyard
and illegal mobile home.
04/11/2006 Other VI-0600021 Presented to the Board. Violation referred to
County Attorney"s Office.
08/01/2007 Other VI-0600021 Violation closed. Property brought into
compliance.
06/23/2008 Property Inspected Upon a visual inspection of the property, the following
items were noted: 2 derelict vehicles (1 covered with a
tarp), wood and miscellaneous debris. No pictures taken
during this inspection.
08/11/2008 Property Inspected Upon a visual inspection of the property, the following
items were noted: No obvious progress. The same
derelict vehicle is still present and still covered with a
tarp. Also, it appears that a minimal amount of
miscellaneous debris is situated in the far Northwestern
corner of the lot. No pictures were taken during this
inspection.
08/19/2008 Certified Mail Receipt Certified Mail Receipt received -signed.
6.10 (7. WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
C Phone: 970-353-6100 X 3555
FAX: 0-304-6498
7 m n E-Mail: b alza @coweldso.us
COLORADO
August 13, 2008
CABELLO JACINTO & NORMA
7669 HENRY AVE
FT LUPTON, CO 80621-4201
Case: ZCV08-00150
Legal Description:
AR21-8 L8 BLK21 ARISTOCRAT RANCHETTES INC SITUS: 7669 HENRY ST WELD 80621
Dear CABELLO JACINTO & NORMA:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
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.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services.
To bring your property into compliance with the Weld County Code:
As we have discussed in the past, while the presence of DERELICT VEHICLES is an allowed
use in the Agricultural Zone District, they must be completely SCREENED from all adjacent
properties and public rights-of-ways. The utilization of tarps as screening is not an allowed
use. Otherwise, they shall be restored or removed from the property.
Page 1 of 2
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
■ 918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
C FAX: 0-304-6498
E-Mail: allzman@co.weld.co.us
COLORADO
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,
fpgliat
Bethany Salz n
Zoning Compliance Officer II
pc: ZCV08-00150
U.S. Postal ServiceTM
CERTIFIED MAILTM RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
F r•eliveryinf rmeti nvisit ur we•site at www.us• .
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Postage $
Certified Fee
Return Receipt Fee Postmark
(Endorsement Required) Here
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Page 2 of 2
SENDER: COMPLETE THIS SECTION C•r'I'LETE THIS SECTI/NON •ELIVE•V
• Complete items 1,2,and 3.Also complete Si. ature
item 4 if Restricted Delivery is desired. X O Agent
• Print your name and address on the reverse f ' T = Addressee
so that we can return the card to you. B. ,:.-ived by(Printed -r.-) ' e of ell ery
• Attach this card to the back of the mailpiece,
or on the front if space permits. —
1. Article Addressed to: Meld Isdeli egg sdi er rt • w1 y
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4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7005 1160 0001 4539 1164
(Transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
n
tcfe WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Will CI Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX:970-304-6498
E-Mail:bsalzman@co.weld.co.us
COLORADO
July 10, 2008
CABELLO JACINTO & NORMA
7669 HENRY AVE
FT LUPTON, CO 80621-4201
Case: ZCV08-00150
Legal Description: AR21-8 L8 BLK21 ARISTOCRAT RANCHETTES INC SITUS: 7669 HENRY ST
WELD 80621
Dear: CABELLO JACINTO & NORMA :
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.
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:
While the presence of DERELICT VEHICLES is an allowed use in the Agricultural Zone
District, they must be completely SCREENED from all adjacent properties and public
rights-of-ways. The utilization of tarps as screening is not an allowed use. Otherwise, they
shall be restored or removed from the property.
Page 1 of 2
il;N:,.\\
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
"Age Greeley, CO 80631
Phone: 970-353-6100 X 3555
70-304-6498
E-Mail:bsalzman@co.weld.co.us
- COLORADO
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
08/11/2008, 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 Salzm n
Zoning Compliance Officer II
pc: ZCV08-00150
•
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
C
FAX:970-304-6498
^^RAA � E-Mail: bsalzman@co.weld.co.us
DO
June 24, 2008
CABELLO JACINTO & NORMA
7669 HENRY AVE
FT LUPTON, CO 80621-4201
Case: ZCV08-00150
Legal Description: AR21-8 L8 BLK21 ARISTOCRAT RANCHETTES INC SITUS: 7669 HENRY ST WELD
80621
Dear CABELLO JACINTO & NORMA:
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 (1
covered by a tarp), wood and miscellaneous debris shall be removed, restored or
completely SCREENED from all adjacent properties and public rights-of-ways.
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.
Si erely,
Bethany Salz
Zoning Compliance Officer II
pc: ZCV08-00150
Page 1 of 1
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5202886 Parcel#: 130927113002
Tax Area: 2241 .n - w Bordering County:
Acres: 1
Township Range Section Ouart. Sec. Subdivison Name Block# Lot#
02 - 66 - 27 - 1 ARISTOCRAT RANCHETTES INC_- 21 - 8
Owners Name &Address: Property Address: 1 ,?(c V)
CABELLO JACINTO& Street: 7669 HENRY ST WELD ,r-N
7669 HENRY AVE City: WELD .){,-�l�
FT LUPTON, CO 80621-4201
Additional Owners: .
CABELLO NORMA
71/
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
8/16/2006 $0 QCN 3483047
Legal Description
AR21-8 L8 BLK21 ARISTOCRAT RANCHETTES INC SITUS: 7669 HENRY ST WELD 80621
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Residential 1112 Site
Land Subtotal: $60,000 $4,780
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
3 Residential
Improvements Subtotal: $177,800 $14,150
Total Property Value $237,800 $18,930
Building Details
Account#: R5202886 Parcel#: 130927113002
Owners Name &Address: Property Address:
CABELLO JACINTO& Street: 7669 HENRY ST WELD
7669 HENRY AVE City: WELD
FT LUPTON, CO 80621-4201
Buildinq# Property Type
3 Residential
Individual Built As Detail
http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 6/19/2008
Identify Results Page 2 of 2
Built As: Ranch 1 Story Year Built: 2000
Exterior: Frame Stucco HVAC: Forced Air
Interior Finish: Drywall Built As SQ Ft: 1806
# of Baths: 2 Roof Type: Gable
# of Bdrms: 3 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 7 Units: 0
Garage:
Attached SQ Ft: 768 Detached SQ Ft:
Basement:
Total SQ Ft: 1748 Finished SQ Ft:
•
http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 6/19/2008
DEPARTMENT OF PLANNING SERVICES
I Code Compliance Divisior
O 918 10`" Street, Greeley, CO 80631
�'J Phone: (970) 353-6100, Ext. 354C
�Q;
6 Fax: (970) 304-649E
COLORADO ^, �S
ZONING and/or B ' ILDIIN . ODE COMPLAINT FORMS
Complaint Initiated by:
14 ZONING CODE COMPLAINT O Staff/Name. V Citizen ❑ 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 tt 0__ '�^.t t 1D(X'��
Date Complaint was received: l. " , ,
Pending Case#(i.e.USR, RE, SE, ect...):
/� Q
Legal Description: Dp ) C�.k.�. ,k'' -c L��"Q Parcel #: k3CCt -an k- Vo-Cog.,
Violation Address: `` \\, C 2YOLI �'
Property Owners Name: l.CJ1J {ZL..,r' j i C...� NDYIY1C.. PPhhone:,,
Property Owners Address: 'f(4- i LU ' joz.t
Tenant's Name: Phone:
Tenant's Address: T,,
NATURE OF COMPLAINT: L e—Kii( t
•
Additional Notes: i rS 1 i`-t1
iU.eN fa
J4/( In 71-0 (a jen//o tl NoLmit (4,1(//4rtW 7 G f ffrnry ,9✓P. / P.D.BDS 83S
CIYA Foe )- Lup,4:n - 6O602/
QUIT CLAIM DEED
MO AOC
THIS DEED,Made this 18�"-day of August,2006 between Fe f
Rosa Maria Cabello
of the County of Weld and State of COLORADO,grantor(s),and
Jacinto Cabello and Norma Cabello
whose legal address is.7669 Henry Avenue Fort Lupton,Colorado 80621-420!
of the County of Weld,State of COLORADO,grantee(s);
WITNESS, That the grantor(s), for and in consideration of the sum of Ten and No/100 DOLLARS e
($10.00),the receipt and sufficiency of which is hereby confessed and acknowledged,has remised, released, a8
0
sold and QUIT CLAIMED, and by these presents does remise, release, sell, and QUIT CLAIM unto the - et
grantee(s),not in tenancy in common but in joint tenancy,the survivor of them,their assigns and the heirs and aO.0
assigns of such survivor forever all the right,title,interest,claim and demand which the said grantor(s)has in _-E
and to the following described lot(s)or parcel(s)of land,situate,lying and being in the County of Weld,and 'e ea
State of COLORADO described as follows: =O a
iari3O
= s
G u
Lot 8,Block 21 Aristocrat Ranchenes,
County of Weld so g
SI H
State of Colorado
g
I_o
o0
also known by street and number:7669 Henry Avenue Fort Lupton,Colorado 80621-4201 o
-g to
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges rC
thereunto belonging, or in anywise [hereunto appertaining, and all the estate, right, title, interest, and claim
whatsoever, of the said grantor(s) either in law or equity, unto said grantee(s), the survivor of them, their sag'
assigns,and the heirs and assigns of such survivor forever.
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(s)has hereunto set his hand and seal the date set forth above.
Signed,Sealed and Delivered in the Presence of
(f /
R6 aria Cabello
STATE OF COLORADO }SS:
COUNTY OF Adams
The foregoing instrument was acknowledged before me this 18th day of AS-1006/ 71 /7
by Rosa Maria Cabello � �//f� / X�J
Notary �,�6' � (�
Witness my hand and official seal.
My Commission expires:11/30/09
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