HomeMy WebLinkAbout20080158.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST LAZARUS PINO 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, Lazarus Pino, ZCV #0701105, 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 11th day of December, 2007, 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 January 8, 2008, to allow adequate time for the property
owner to be able to attend the violation hearing.
WHEREAS, on the 8th day of January, 2008, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Lazarus Pino, 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 March 8, 2008, to allow adequate time for the property owner to restore the
derelict vehicles by obtaining current registrations and license plates 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#0701105 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Lazarus Pino 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 March 8, 2008, to allow adequate time for the property owner to restore the
derelict vehicles by obtaining current registrations and license plates to bring the subject property
into compliance.
2008-0158
PL0824
00 I A- , b/GAL. 6i 30 O?
VIOLATIONS - ZCV#0701105 - LAZARUS PINO
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 8th day of January, A.D., 2008.
, BOARD OF COUNTY COMMISSIONERS
l /- WELD COUNTY, COLORADO
ATTEST: AfelI 1 %L,71�C�.✓
ri 61 4*h illiam H. Jerke, Chair
Weld County Clerk to the
`y(,-,),./::r...± _.�'4 XCUSED
' ,i „- Robe D. ja den, Pro-Tem
BY: \ £ ar:t
1;1, C, /(u �-
Wi F. Garcia
AP TO FQR7 o
David E. Long
unty Attorney .. ex:, 'ice`
Douglas ademach r
Date of signature: l I a?It
2008-0158
PL0824
V )Iation Summary Rep I
BASIC INFORMATION
PINO LAZARUS M 67132 CR 390 HEREFORD, CO 80732
Tenant:
Compliance Officer: Ann Siron
Violation Number: ZCV07-01105
Situs Address: 67130 CR 390
Legal: 6944 L20-21 BLK1 HEREFORD SITUS: 67130 390 CR HEREFORD 80732
Location: Location NORTH OF AND ADJACENT TO CR 136 IN THE
UNINCORPORATED TOWN OF HEREFORD
North AGRICULTURE
South AGRICULTURE
East AGRICULTURE
West AGRICULTURE
Parcel Number: 004127008003-R0033286 Acreage: 0.09
Certified Mail Date: 10/15/2007
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 42-4-20;
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 Planninc
Services.
REMEDY
2008-0158
.lation Summary Rep -t
AS DISCUSSED DURING A PHONE CONVERSATION THE NONCOMMERCIAL JUNKYARD
CONSISTING OF SEVERAL DERELICT VEHICLES AND A PILE OF TRASH SHALL BE REMOVED,
RESTORED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC
RIGHTS-OF-WAY.
RECOMMENDATION
THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAT THIS CASE BE REFERRED
TO THE COUNTY ATTORNEY'S OFFICE FOR IMMEDIATE LEGAL ACTION.
LETTER HISTORY
08/15/2007 Complaint Validated
08/16/2007 LTTR: 5 Day Letter
08/22/2007 LTTR: Violation Notice
10/15/2007 LTTR: Hearing Notification
OTHER CASE HISTORY
Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE
FOLLOWING ITEMS WERE NOTED: TRASH PILES
AND SEVERAL DERELICT VEHICLES.
08/22/2007 Phone Call MS PINO CALLED ASKING ABOUT THE VIOLATION.
SHE SAID THAT THEY CALLED THE TRASH SERVICE
AND THEY WILL BE PICKING THEIR TRASH UP BY
THE END OF THE MONTH. SHE ALSO SAID THAT THE
VEHICLES WERE CARS HER BOYS WERE WORKING
ON. I EXPLAINED THAT SHE HAD AT LEAST 30 DAYS
TO CLEAN UP THE TRASH AND THE VEHICLES
COULD BE THERE IF SHE CHOSE TO SCREEN THEM
OTHERWISE THEY WOULD NEED TO BE RESTORED
OR REMOVED. SHE WOULD LOOK INTO HAVING IT
SCREENED SO SHE WAS GIVEN 60 DAYS TO BRING
THE PROPERTY INTO COMPLIANCE.
10/15/2007 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE
FOLLOWING ITEMS WERE NOTED: TRAILER WITH
TREE LIMBS, RECREATIONAL VEHICLE AND THREE
OTHER VEHICLES; ALL APPEAR DERELICT.
PICTURES WERE TAKEN.
10/15/2007 Phone Call RECEIVED A PHONE CALL FROM HEIDI PINO
(388-3199) REQUESTING AN EXTENSION. I SAID THAT
WOULD SCHEDULE THE CASE INTO DECEMBER"S
_VIOLATION HEARINGS, SO THAT WOULD GIVE JUST I
LITTLE MORE TIME.
DEPARTMENT OF PLANNING SERVICES
raftN(77":44;;s,..\\ Compliance Division
ORTH OFFICE
918 10th Street
Greeley, CO 80631
1 Email Address: asiron@co.weld.co.us
Phone Number: 970-353-6100 x3566
Fax Number: 970-304-6498
SOUTHWEST OFFICE
�y /� 4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720)652-4210, Ext 8730
October 15, 2007
PINO LAZARUS M
67132 CR 390
HEREFORD, CO 80732
Violation Number: ZCV07-01105
Legal Description:
6944 L20-21 BLK1 HEREFORD SITUS: 67130 390 CR HEREFORD 80732
Dear PINO LAZARUS M:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on:
12/11/2007 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
DEPARTMENT OF PLANNING SERVICES
Compliance Division
` — NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: asiron@co.weld.co.us
Phone Number: 970-353-6100 x3566
let Fax Number: 970-304-6498
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
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 DISCUSSED DURING A PHONE CONVERSATION THE NONCOMMERCIAL JUNKYARC
CONSISTING OF SEVERAL DERELICT VEHICLES AND A PILE OF TRASH SHALL BE
REMOVED, RESTORED OR COMPLETELY SCREENED FROM ALL ADJACENT
PROPERTIES AND PUBLIC RIGHTS-OF-WAY.
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 Commisioners
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,
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. - Agent
An Ion 1 • Print your name and address on the reverse X /7�6Y ' " l 0 Addressee
so that we can return the card to you. B�F ceived by(P dd Name) C. Date ofpDelivery
Zoning Complia c • Attach this card to the back of the mailpiece, s 1 e s CA -1-9t V� C.
0 �'7
pc: ZCV07-01 1 or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes
Departmen 1. Article Addressed • Weld Count PlalltfFfitepettmeR(Idress below: 0 No
Bruce Bark Lazarus irk GRtfLFY OFFICE
(71 nr 21107
—6re Cord, CD <lo-73
if ❑ Express Mail
0 Registered .Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article N from 7005 1160 0001 4538 5569
(Transfer from service label)
PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M•1540
DEPARTMENT OF PLANNING SERVICES
jr,%\\, ‘v Compliance Division
NORTH OFFICE
918 10th Street
CO
Greeley, C 80631
' Email Address: asiron@co.weld.co.us
970-304-6498
.
Phone Number: 970-353-6100 x3566
Fax Number: SOUTHWESTOFFICE 4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
August 22, 2007
PINO LAZARUS M
67132 CR 390
HEREFORD, CO 80732
Legal Description: ZCV07-01105
6944 L20-21 BLK1 HEREFORD SITUS: 67130 390 CR HEREFORD 80732
Dear: PINO LAZARUS M :
The uses on the above described property are being considered as a zoning code violation of
Sections of the Weld County Code. Currenly 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.
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: Constr 'on and maintenance of fences, earth berr ir the USE of
LANDSCAPING matt..ials or other materials USED with the appro...i 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 DISCUSSED DURING A PHONE CONVERSATION THE NONCOMMERCIAL
JUNKYARD CONSISTING OF SEVERAL DERELICT VEHICLES AND A PILE OF TRASH
SHALL BE REMOVED, RESTORED 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 hardhsips;
however, we have no discretion in this matter if you fail to correct this violation. You have until
10/22/2007, 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 helpful. 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,
aftm,
Ann Siron
Zoning Compliance Officer
pc: ZCV07-01105
Department of Planning Services
Bruce Barker, County Attorney
DE 'RTMENT OF PLANNING SERVICES
Compliance Division
rat6;-..o\sss\
NORTH OFFICE
918 10th Street
CO
Greeley, 1
Email Address: asiron@co.weld.co..co.us
Phone: 970-353-6100 x3566
Fax: 970-304-6498
SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
COLORADO Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
August 16, 2007
PINO LAZARUS M
67132 CR 390
HEREFORD, CO 80732
Legal Description: ZCV07-01105
6944 L20-21 BLK1 HEREFORD SITUS: 67130 390 CR HEREFORD 80732
Dear PINO LAZARUS NI:
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 PILES OF TRASH AND SEVERAL
DERELICT VEHICLES.
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,
Cam""_
C✓L.)
Ann Siron
Zoning Compliance Officer
pc: ZCV07-01105
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
\\ Code Compliance Division
918 10`L Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Cornpjlarnt Initiated by: ZC QC-1 -O/-O/(as
ZONING CODE COMPLAINT Staff/Name 1/IQ keno Citizen n Other:
C HEALTH DEPARTMENT Citizen's Name(If known?
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If knownl.
❑ BUILDING CODE COMPLAINT
C PUBLIC WORKS/PEST &WEEDS
Date Complaint was received: q" IS .O `
Pending Case#(i.e.USR,RE, SE, ect...l. /^ M
Legal Description: L26- !1glk I, record Parcel nog /'0'016O6
Violation Address: 167130 CR C4'rtPOr 51(>7 ,
Propeny Owners Name: Laws. re Pine) Phoonne.
Property Owners Address: (0 7132 1 3 ✓q , Alt rt rool
Tenant's Name: Phone:
Tenant's Address:
NATURE OFCOMPLAINT: / C1h pL -(.3bAil L.eit- (t
Additional Notes:
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0033286 Parcel#: 004127008003
Tax Area: 1204 Bordering County:
Acres: 0
Township Range Section Ouart. Sec. Subdivison Name Block# Lot#
12 - 62 - 27 - 0 HEREFORD - 1 - 20
Owners Name &Address: Property Address:
PINO LAZARUS M Street: 67130 390 CR
67132 CR 390 City: WELD
HEREFORD, CO 80732
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
$0
Legal Description
6944 L20-21 BLK1 HEREFORD SITUS: 67130 390 CR HEREFORD 80732
Land Valuation Summary
Land Type Abst Code Unit of Number of Ass
essed
Actual Value Value
Measure Units
Commercial 2112 Square Feet 4000
Land Subtotal: 4000 $400 $120
Buildings Valuation Summary
Actual Value Assessed
Bldg# Property Type Value
1 Commercial
Improvements Subtotal: $2,500 $730
Total Property Value $2,900 $850
Building Details
Account#: R0033286 Parcel#: 004127008003
Owners Name &Address: Property Address:
PINO LAZARUS M Street: 67130 390 CR
67132 CR 390 City: WELD
HEREFORD, CO 80732
Building# Property Type
1 Commercial
Individual Built As Detail
Built As: Retail Store Year Built: 1910
Exterior: HVAC: Space Heater
http://maps2.menick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0041... 08/16/2007
Identify Results Page 2 of 2
Interior Finish: Built As SQ Ft: 1200
# of Baths: 0 Roof Type: Gable
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.menick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0041... 08/16/2007
Leaves Page 1 of 1
Ann Siron
From: Ann Siron
Sent: Thursday, August 16, 2007 9:32 AM
To: Tina Booton
Subject: RE: Issues at Hereford
Thanks Tina,
I conducted an inspection and can initiate a violation in regards to trash and junk cars. I have a complaint into
the building department regarding the condemmed home issues and I'm unclear to what the dog issues are. If
they are getting loose that is Animal Control. If they are exceeding their number of four, which is allowed by
right, then it's something I can address but upon an inspection no dogs were noted. If you have any more
information that would be great, otherwise I will continue with the trash/junk complaint and should the
complainant call again feel free to transfer them to me and I can get more information.
Ann Siron Ext. 3566
From: Tina Booton
Sent: Monday, August 13, 2007 6:10 PM
To: Ann Siron
Subject: Issues at Hereford
Junk cars, people in trailer with blanket for door that's been condemmed. Possible
dog issues. Not sure where the issue is at - but you'd probably know who was
complaining.
Good luck.
I Ilia tj( C OI
VArad lsln0 Sul n•iu>nr
V\CH ( HMO I',,l)IIC AAlot
(ITO l-61` i \I, :720
08/16/2007
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