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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. 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