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Home My WebLink About20082717.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST AGRIPINA HERNANDEZ 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, Agripina Hernandez, ZCV #0800170, 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 October, 2008, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, John Sepulueda, 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 November 14, 2008, to allow adequate time for the property owner to restore, remove or screen the derelict vehicle from all adjacent properties and public rights-of-way to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#0800170 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Agripina Hernandez 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 November 14, 2008, to allow adequate time for the property owner to restore, remove or screen the derelict vehicle from all adjacent properties and public rights-of-way to bring the subject property into compliance. 2008-2717 PL0824 aa '. P� VIOL- (/ - 03 -0 VIOLATIONS - ZCV#0800170 - AGRIPINA HERNANDEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of October, A.D., 2008. BOARD OF COUNTY COMMISSIONERS ftin:�� ELD COUNTY, COLORADO ATTEST: Actyki H. Jerke, Chair Weld County Clerk to the Boar �� t� � SED �t "� . den, Pro-Tern BY: De u Cler o the Board Willi F. Garcia AP" • D AS R • c David E. Long o my ''rney EXCUSED Douglas Rademacher Date of signature: (0[3(;(67) 2008-2717 PL0824 V` mlation Summary Repr'rt BASIC INFORMATION HERNANDEZ AGRIPINA 1400 14 ST FORT LUPTON, CO 80621 Tenant: Compliance Officer: Bethany Salzman Violation Number: ZCV08-00170 Situs Address: 1400 14TH ST Legal: 15742 PT L1 2ND SEBOLDS BEG 30' S & 326' W OF NE COR SW4 32 2 66 S350' N58D45'W 129' N282' E109.6' TO BEG (TR G) FT LUPTON OUT SITUS: 1400 14 ST WELD 80621 Location: Location South of and adjacent to CR 14.5 (aka 14th St) and within the IGA of Fort Lupton North Fort Lupton Municipal Limits South Fort Lupton Municipal Limits East Agriculturally zoned property West Fort Lupton Municipal Limits Parcel Number: 130932301004-R5305386 Acreage: 0.76 Certified Mail Date: 08/25/2008 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 While the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES is an allowed use within the boundaries of an Agricultural Subdivision, such as Sebolds, it shall be completely SCREENED from all adjacent properties and public rights-of-ways; otherwise, it shall be restored or removed from the property. 2008-2717 VHIation Summary Repnrt RECOMMENDATION The Department of Planning Services recommends this case be referred to the County Attorney's Office for immediate legal action. LETTER HISTORY 07/17/2008 Complaint Validated 07/17/2008 LTTR: 5 Day Letter 07/25/2008 LTTR: Violation Notice 08/25/2008 LTTR: Hearing Notification OTHER CASE HISTORY 07/16/2008 Property Inspected Upon a visual inspection of the property, the following items were noted: 2+ apparent derelict vehicles. No pictures were taken during this inspection. 07/28/2008 Phone Call Joseph Sulpulvida (son) (303-857-6943) called on behalf of his mother(Agripina). He said she received a letter about a junkyard or something. He said so does that mean we have to get rid of everything. I explained that any derelict vehicles needed to be removed from the property. I explained what a derelict vehicle was. He said he has 1 (1939)that is sitting the garage. I explained that if it was parked in a garage, I would not be concerned with it. He said it was a 3 sided garage. I asked if he was the property that had quite a few trees around it. He said yes. I told him to deal with the obvious visible derelict vehicles and I would not deal with the one in the garage unless I received a specific complaint. He asked how much time they had. I explained that my last letter granted until August 25th. He said okay. He said they belong to his brother. He said he would give him a call and tell him to get them out of there before the 25th. 08/25/2008 Property Inspected Upon a visual inspection of the property, the following items were noted: still have derelict vehicles visible from CR 14.5 (aka 14th St). No pictures were taken during this inspection. 09/02/2008 Certified Mail Receipt Certified Receipt received -signed. cx 4(te WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 1 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 C. E-Mail: bsalzman@co:weld.co.us COLORADO August 25, 2008 HERNANDEZ AGRIPINA 1400 14 ST FORT LUPTON, CO 80621 Case: ZCV08-00170 Legal Description: 15742 PT L1 2ND SEBOLDS BEG 30' S & 326' W OF NE COR SW4 32 2 66 S350' N58D45'W 129' N282' E109.6' TO BEG (TR G) FT LUPTON OUT SITUS: 1400 14 ST WELD 80621 Dear HERNANDEZ AGRIPINA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: '10/14/2008 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 Page 1 of 2 16 fsse ile , WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II Elie • 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 T � A �^+ E-Mail: bsalzman@co.weld.co.us COLORADO 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 a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES is an allowed use within the boundaries of an Agricultural Subdivision, such as Sebolds, it shal be completely SCREENED from all adjacent properties and public rights-of-ways; otherwise, it shall be restored or removed from the property. 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, 136"\attairlier\- Bethany Salzman Zoning Compliance Officer II pc: ZCV08-00170 Page 2 of 2 • U.S. Postal Service,. -0 CERTIFIED MAIL,M RECEIPT rru (Domestic Mail Only;No Insurance Coverage Provided) F.r elivery inf•rmati•n visit•ur we•site at www.us•s.c•mm m Postage $ Certified Fee Return Receipt Fee Postmark (Endorsement Required) Here O rted n Requirery e) „D (Endorsement t Required) rR $ Total Postage&Fees Ul O Sent To M1 Street,Ap(N. y,r_ -"" l or PO Box No. �`L�1,(�'1/�ly Ciry,State,ZIP+4 S F.rm 3n,June2 n2 See•eversei•rinstructi•ns SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Si nature item 4 if Restricted Delivery desired. O Agent P• Print your name and address on the reverse _ O Addressee so that we can return the card to you. B. R awed by(Printed eme) C. Date of Delivery • Attach this card to the back of the mailpiece, pt or on the front if space permits. U 2 Weld ldfl'dOllelt+l(NY iY�m item ? 1� 1. Article Addressed to: GRf @ )on1fj GE address below: O No • kr �` Ic clop, SEP n 2 7nna r yED . . IVICe yp ?MeQom/,,pl X Certified Mail O Express Mail O Registered ❑ Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O yes 2. Article Number 7005 1160 0001 4539 1256 (transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 rat ii-",‘...‘"\\\ WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St es) Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX:970-304-6498 E-Maitbsalzman@co.weld.co.us COLORADO July 25, 2008 HERNANDEZ AGRIPINA 1400 14 ST FORT LUPTON, CO 80621 Case: ZCV08-00170 Legal Description: 15742 PT L1 2ND SEBOLDS BEG 30' S& 326'W OF NE COR SW4 32 2 66 S350' N58D45'W 129' N282' E109.6'TO BEG (TR G) FT LUPTON OUT SITUS: 1400 14 ST WELD 80621 Dear: HERNANDEZ AGRIPINA : 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: Page 1 of 2 ra ft! C;;•,,\.\\ WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer I I 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 498 /�y�� /^��p � �/� E-Mail:bsalzman@co.weld.co.us we d.co.us COLORADO While the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES is an allowed use within the boundaries of an Agricultural Subdivision, such as Sebolds, it shall be completely SCREENED from all adjacent properties and public rights-of-ways; otherwise, it shall be restored or removed from the property. 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 08/25/2008, 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 Salzman Zoning Compliance Officer II pc: ZCV08-00170 Page 2 of 2 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 "Rig C Phone: 970-353-6100 X 3555 FAX: 4-6498 E-Mail: a0lzman@co.weld.co.us COLORADO July 17, 2008 HERNANDEZ AGRIPINA 1400 14 ST FORT LUPTON, CO 80621 Case: ZCV08-00170 Legal Description: 15742 PT L1 2ND SEBOLDS BEG 30' S & 326' W OF NE COR SW4 32 2 66 S350' N58D45'W 129' N282' E109.6' TO BEG (TR G) FT LUPTON OUT SITUS: 1400 14 ST WELD 80621 Dear HERNANDEZ AGRIPINA: 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: 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 FAX: 0-304-6498 E-Mail: allzman@co.weld.co.us COLORADO While the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES is an allowed use in an Agricultural Subdivision, such as Sebolds, it must be completely SCREENED from all adjacent properties and public rights of ways. 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 tenants 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. 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 Salzm n Zoning Compliance Officer II pc: ZCV08-00170 Page 2 of 2 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5305386 Parcel#: 130932301004 Tax Area: 2228 Bordering County: Acres: 0.87 Township Range Section Quart. Sec. Subdivison Name Block# Lot 02 - 66 - 32 - 3 - SEBOLDS 2ND ADD - - 1 Owners Name &Address: Property Address: -.\ + ....,�.. 63 HERNANDEZ AGRIPINA Street: 1400 14 ST WELD 1400 14 ST City: WELD FORT LUPTON, CO 80621 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description 15742 PT LS 2ND SEBOLDS BEG 30' 5& 326' W OF NE COR SW4 32 2 66 5350' N58D45'W 129' N282' E109.6' TO BEG (TR G) FT LUPTON OUT SITUS: 1400 14 ST WELD 80621 Land Valuation Summary Land T e Abst Code Unit of Number of Assessed yp Measure Units Actual Value Value Residential 1112 Acres 0.87 Land Subtotal: 0.87 $45,023 $3,580 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $50,495 $4,020 Total Property Value $95,518 $7,600 Building Details Account#: R5305386 Parcel#: 130932301004 Owners Name &Address: Property Address: HERNANDEZ AGRIPINA Street: 1400 14 ST WELD 1400 14 ST City: WELD FORT LUPTON, CO 80621 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1908 Exterior: Frame Shingle HVAC: Floor/Wall Furnace http://maps2.merriek.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13093... 7/11/2008 Identify Results Page 2 of 2 Interior Finish: Plaster Built As SQ Ft 600 # of Baths: 1 Roof Type: Gable # of Bdrms: 2 Roof Cover: Composition Shingle # of Stories: 1 Rooms: Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13093... 7/11/2008 DEPARTMENT OF PLANNING SERVICES I Code Compliance Division \O C 918 10th Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO v ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by; X ZONING CODE COMPLAINT Staff/Name: ,YYC1 il<ICI aOT, ❑ HEALTH DEPARTMENT Citizen's Name(It-known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: 7 1"1,O'U\ Pending Case#(i.e. USR, RE, SE, ect...): �� Legal Description: DNA" LI - j r SxicckdS ) �4IU� Parcel#: V " a— 3-nt— Violation Address: I 1.1441n1.1441n f. Property Owners Name: \-kir -vie citincA . Phone: e1.QCA,,'7 Property Owners Address: �(T g( u) (i. 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