HomeMy WebLinkAbout20083019.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST JOHN CHESTNUT AND HAZEL METCALF 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, John Chestnut and Hazel Metcalf,ZCV#0800185, 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 18th day of November, 2008, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,and
WHEREAS, Hazel Metcalf, property owner, 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 January 18, 2009, to allow adequate time for the property owners to sell the
vehicles and remove the remaining debris 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#0800185 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against John Chestnut and Hazel Metcalf 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 January 18, 2009, to allow adequate time for
the property owners to sell the vehicles and remove the remaining debris to bring the subject
property into compliance.
2008-3019
PL0824
Cr /2L Vnct_ /� -0/ U�
VIOLATIONS - ZCV#0800185 - JOHN CHESTNUT AND HAZEL METCALF
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 18th day of November, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
i/1 N, WELD COUNTY, COLORADO
ATTEST:
William H. Jerke, Chair
Weld County Clerk to the Bo &:c
(Sir2��—p
I EXCUSED
Robert D. 4,sden, p
BY:
Deputy Cler to the Board
William F. Garcia
APPROVED AS TO FORM: EXCUSED
David E. Long
4(Q t�
4A--Couf{ty Attoey ,,..e
Dougla$l ademach4r
Date of signature: // 6/(Y�CP
2008-3019
PL0824
Violation Summary Report
BASIC INFORMATION
CHESTNUT JOHN & METCALF HAZEL PO BOX 64 ROGGEN, CO 80652
Tenant:
Compliance Officer: Bethany Salzman
Violation Number: ZCV0S-00185
Situs Address: 105 DYE ST
Legal: 5657 L1 THRU 7 BEGGS ADD ROGGEN
Location: Location South of and adjacent to 1-76 and East of and adjacent to
CR 73
North Agriculturally Zoned properties
South Agriculturally Zoned properties and Railroad
East Agriculturally Zoned properties
West Minimal Commercial zoning and Agriculturally Zoned
properties
Parcel Number: 130106006006-R5030986 Acreage: 0.60
Certified Mail Date: 09/15/2008
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.F Mobile homes subject to the additional requirements of Article IV, Division 3 of
this Chapter.
23-3-30.1 Noncommercial Junkyard.
DERELICT MANUFACTURED (MOBILE) HOME: A MANUFACTURED (MOBILE) HOME
that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in
a state of general dilapidation, deterioration or decay resulting from improper lack of
maintenance, vandalism or infestation with vermin or rodents. Any such DERELICT
MANUFACTURED (MOBILE) HOME shall be returned to and maintained in the condition
as originally established on site and as inspected by the Building Inspection Department,
or it shall be removed from site.
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
2008-3019
Violation Summary Report
After discussing this violation with you, I understand that the mobile home which was added to the
property, will not be a repeat occurance. Furthermore, as we discussed, the mobile home shall be
removed from the property.
I also noted several DERELICT VEHICLES. While the presence of DERELICT VEHICLES is an
allowed use, they must be completely SCREENED from all adjacent properties and public
rights-of-ways; otherwise, they shall be restored or removed from the property.
Hopefully, by scheduling this hearing out until November 18th, you will have enough time to finish
bringing the property into compliance. If the property has been finished before the 18th, the Violation
case will be closed and the hearing cancelled. If not, you will need to attend the hearing and request
any additional time from the Board of County Commissioners directly. Thank-you.
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
09/15/2008 LTTR: Hearing Notification
OTHER CASE HISTORY
07/16/2008 Property Inspected Upon a visual inspection of the property, the following
items were noted: 1 mobile home frame and 1 mobile
home appearently being stripped out and demolished. I
also noted multiple derelict vehicles. No pictures were
taken during this inspection.
07/25/2008 Phone Call Hazel Metcalf(303-849-5228) called and left a message.
She said she was very hard to get in touch with, so she
would just try to call me back as soon as possible.
07/28/2008 Phone Call Hazel Metcalf(303-849-5228) called again. She said a
neighbor was getting rid of the old mobile home and
asked her husband (who has been out of work for about
4 years), if he would be interested in it. The neighbor
thought he was doing them a favor. She asked if she
could gut it and attach it to their garage. I explained that
the code is very specific as to mobile homes only being
utilized as dwelling units. She said even if he completely
guts it. I explained that was accurate, even if he guts it,
we still consider it a mobile home. I explained it would
need to be removed. I then advised her that while I was
inspecting the complaint regarding the mobile home, I
noted several derelict vehicles. She said only 1 of them
isn"t operational. I explained that an expired registration
also made the vehicles derelict. She asked about putting
covers over all the vehicles. I explained that covering
them was not an approved form of screening. I
explained that a fence would need to be installed or they
would need to be restored or removed from the property.
She said they will probably just put them inside the
sheds. I explained that currently they have until th 25th
of August. I went on to say that as long as she calls
before the 25th to request additional time and as long as
substantial progress has occurred, I would grant a small
additional time period. She said okay. I stressed the
importance of her calling before the 25th if they needed
additional time. I explained that once I schedule a case,
I do not re-schedule it.
Violation Summary Report
09/17/2008 Certified Mail Receipt Certified Receipt received -signed
(7171.747.-NIFtszN>.\\
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX:970-304-6498
bsalzman@co.weld.co.us E-Mail: n@coweldso.us
COLORADO
•
September 15, 2008
CHESTNUT JOHN & METCALF HAZEL
PO BOX 64
ROGGEN, CO 80652
Case: ZCV08-00185
Legal Description:
5657 L1 THRU 7 BEGGS ADD ROGGEN
Dear CHESTNUT JOHN & METCALF HAZEL:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
11/18/2008 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.F Mobile homes subject to the additional requirements of Article IV, Division 3 of
this Chapter.
23-3-30.1 Noncommercial Junkyard.
DERELICT MANUFACTURED (MOBILE) HOME: A MANUFACTURED (MOBILE) HOME that
is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a
state of general dilapidation, deterioration or decay resulting from improper lack of
maintenance, vandalism or infestation with vermin or rodents. Any such DERELICT
MANUFACTURED (MOBILE) HOME shall be returned to and maintained in the condition as
originally established on site and as inspected by the Building Inspection Department, or it
shall be removed from site.
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
Page 1 of 2
rs
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail: bsalzman@co.weld.co.us
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:
After discussing this violation with you, I understand that the mobile home which was added to
the property, will not be a repeat occurance. Furthermore, as we discussed, the mobile home
shall be removed from the property.
I also noted several DERELICT VEHICLES. While the presence of DERELICT VEHICLES is
an allowed use, they must be completely SCREENED from all adjacent properties and public
rights-of-ways; otherwise, they shall be restored or removed from the property.
Hopefully, by scheduling this hearing out until November 18th, you will have enough time to
finish bringing the property into compliance. If the property has been finished before the 18th,
the Violation case will be closed and the hearing cancelled. If not, you will need to attend the
hearing and request any additional time from the Board of County Commissioners directly.
Thank-you.
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,
Bethany Salz an
Zoning Compliance Officer II
pc: ZCV08-00185
Page 2 of 2
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WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
"gig C Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail:bsalzman@co.weld.co.us
COLORADO
July 23, 2008
CHESTNUT JOHN & METCALF HAZEL
PO BOX 64
ROGGEN, CO 80652
Case: ZCV08-00185
Legal Description: 5657 L1 THRU 7 BEGGS ADD ROGGEN
Dear: CHESTNUT JOHN & METCALF HAZEL :
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.F Mobile homes subject to the additional requirements of Article IV, Division 3 of this
Chapter.
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.
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:
The additional of mobile homes to a property (even if temporary) require additional Weld
County Zoning & Building Permits. Furthermore, if you intent is to start a mobile home
Page 1 of 2
raftei>\\
WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
70-304-6498
E-Mail:bsalzman@co.weld.co.us
alma @cooeld.co.us
•
COLORADO
demolition operation, this use would not be allowed within an unincorporated town site
(such as Roggen). The mobile homes along with any associated demolition debris shall be
removed and no additional mobile homes shall be added to this property without first
obtaining any necessary zoning and building permits.
During my inspection, I also noted several DERELICT VEHICLES. While the presence of
DERELICT VEHICLES is an allowed use, they must be completely SCREENED from all
adjacent properties and public rights-of-ways; otherwise, they 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 Attorneys 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: ZCV08-00185
Page 2 of 2
4.(tei;rs..\\ WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
lug Phone: 970-353-6100 X 3555
FAX: 970-304-6498
E-Mail: bsalzman@co.weld.co.us
•
COLORADO
July 16, 2008
CHESTNUT JOHN & METCALF HAZEL
PO BOX 64
ROGGEN, CO 80652
Case: ZCV08-00185
Legal Description: 5657 L1 THRU 7 BEGGS ADD ROGGEN
Dear CHESTNUT JOHN & METCALF HAZEL:
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 additional of mobile homes to a property (even if temporary) require additional Weld
County Zoning & Building Permits. Furthermore, if you intent is to start a mobile home
demolition operation, this use would not be allowed within an unincorporated town site
(such as Roggen). The mobile homes along with any associated demolition debris shall be
removed and no additional mobile homes shall be added to this property without first
obtaining any necessary zoning and building permits.
During my inspection, I also noted several DERELICT VEHICLES. While the presence of
DERELICT VEHICLES is an allowed use, they must be completely SCREENED from all
adjacent properties and public rights-of-ways; otherwise, they shall be restored or removed
from the property.
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.
Page 1 of 2
41 WELD COUNTY PLANNING DEPARTMENT
Bethany Salzman
Zoning Compliance Officer II
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 X 3555
"loge FAX:
0-304-6498
E Ma97b allzman@co.weld.co.us
COLORADO
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 Salz an
Zoning Compliance Officer II
pc: ZCV08-00185
Page 2 of 2
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5030986 Parcel#: 130106006006
Tax Area:2448 mot. u. Bordering County:
Acres: 0,6026
Township Ranqe Section Quart. Sec. Subdivison Name Block# Lot#
02 - 62 -06 - 0 BEGGS ADD - - 1
Owners Name &Address: Property Address:
CHESTNUT JOHN DEAN & Street:
PO BOX 64 City:
ROGGEN, CO 80652 gy/ m\
Additional Owners: �� LLB
METCALF HAZEL / fCl_lJ
Business/Complex: UNABLE TO CONFRIM SITUS ADDRESS
Sales Summary
Sale Date Sale Price Deed Type Reception #
$0
Legal Description
5657 Ll THRU 7 BEGGS ADD ROGGEN
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Residential 1112 Site
Land Subtotal: $15,000 $1,190
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
1 Residential
Improvements Subtotal: $78,877 $6,280
Total Property Value $93,877 $7,470
Building Details
Account#: R5030986 Parcel#: 130106006006
Owners Name &Address: Property Address:
CHESTNUT JOHN DEAN & Street:
PO BOX 64 City:
ROGGEN, CO 80652
Building# Property Type
1 Residential
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13010... 7/15/2008
Identify Results Page 2 of 2
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 1928
Exterior: Frame Hardboard HVAC: None
Interior Finish: Plaster Built As SQ Ft: 986
# of Baths: 1 Roof Type:
# of Bdrms: Roof Cover: Composition Shingle
# of Stories: 1
Rooms: Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft: . 288
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/W ebsite/W e1d/setSgl.asp?emd=QUERY&DET=PP&pin=13 010... 7/15/2008
avet
DEPARTMENT OF PLANNING SERVICES
I
Code Compliance Division
��� 918 10"' Street, Greeley, CO 80631
III C Phone (97O) Fax: (900, Ext. 6498
� O3540
�Z Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
ZONING CODE COMPLAINT 0 Staff/Name: K 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
Date Complaint was received: 1- ICA-0?z,
ding Case#(i.e.USR, RE, SE, ect...): n � N h ^v v
al Description: L��- t 4'hw 1; (21:ENT tTh J0 Parcel #: t \�`l,�l(��(J-Dtp-0 o
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ant's Name: -.�J Phone:
ant's Address:
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