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HomeMy WebLinkAbout20083020.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST LIONEL SALAZAR 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, Lionel Salazar, ZCV #0800256, 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 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, Lionel Salazar, 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 December 18, 2008,to allow adequate time for the property owner to restore the derelict vehicle and complete the clean-up 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#0800256 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Lionel Salazar 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 December 18, 2008, to allow adequate time for the property owner to restore the derelict vehicle and complete the clean-up to bring the subject property into compliance. 2008-3020 PL0824 0 13 et � i 0 X02 _o%-GS- VIOLATIONS - ZCV#0800256 - LIONEL SALAZAR 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 WELD COUNTY, COLORADO ATTEST: I a "2 William H. Jerke, Chair Weld County Clerk t•-fie rd;;✓) EXCUSED RO/ Cy Mo Tem BY: Deputy Clo.' to the B : . • � William F. Garcia APPROVED AS TO FORM: EXCUSED David E. Long y, ¢-Cou Atton Y / ouglas'Rademacher Date of signature: //a6AODe 2008-3020 PL0824 Violation Summary Report BASIC INFORMATION SALAZAR LIONEL & 426 WALL ST EATON, CO 80615 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV08-00256 Situs Address: 426 WALL ST Legal: L16&17 BLK3 E SIDE EATON SITUS: 426 WALL ST WELD 000000000 Location: Location EAST OF HWY 85 AND JUST SOUTH OF E 5TH STREET IN EAST EATON North AG ZONE DISTRICTS AND EATON CITY LIMITS South SOME AG ZONE DISTRICTS AND EATON CITY LIMITS East AG ZONE DISTRICTS AND EATON CITY LIMITS West SOME AG ZONE DISTRICTS AND EATON CITY LIMITS Parcel Number: 070931304008-R3109804 Acreage: 0.08 Certified Mail Date: 10/31/2008 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 districtallows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a ING or STRUCTURE or vjsu&iySCREEtNED4 em al ARJACEN.T_.properties and pub rights-of-wa . REMEDY THE NO COMMERCIAL JUNKYARD CONSISTING OF AT LEAST ONE REMAINING DERELICT VEHICL SHALL BE REMOVED, RESTORED OR COMPLETELY SCREENED FROM ALL ADJAC T PROPERTIES AND PUBLIC RIGHTS-OF-WAY. RECOMMENDATION 2008-3020 Violation Summary Report THE DEPARTMENT OF PLANNING SERVICES RECOMMENDS THAI . HIS CASE BE REFERRED TO THE COUNTY ATTORNEYS OFFICE FOR IMMEDIATE LEGAL ACTION LETTER HISTORY 09/16/2008 Complaint Validated 09/16/2008 LTTR: 5 Day Letter 09/23/2008 LTTR: Violation Notice 10/31/2008 LTTR: Hearing Notification OTHER CASE HISTORY 09/15/2008 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: SEVERAL DERELICT VEHICLES. 10/30/2008 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: AT LEAST 1 DERELICT VEHICLE ON THE NORTH BACK SIDE OF THE HOME. i � WELD COUN , PLANNING DEPARTMENT Ann Sin Co mpliance Compliance Officer 918 10th St wild)C Greeley, CO 80631 Phone:9: 970-353-6100 98 x3566 FAX:970-304-6498 E-Mail: asiron@co.weld.co.us OCLORADO October 31, 2008 SALAZAR LIONEL & 426 WALL ST EATON, CO 80615 Case: ZCV08-00256 Legal Description: L16&17 BLK3 E SIDE EATON SITUS: 426 WALL ST WELD 000000000 Dear SALAZAR LIONEL &: 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. 23-3-30.1 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. Page 1 of 2 e4H.49 WELD COUN I I PLANNING DEPARTMENT Ann Sin Co mpliance Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:970-304-6498 E-Mail: asiron@co.weld.co.us COLORADO To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF AT LEAST ONE REMAINING DERELICT VEHICLE SHALL BE REMOVED, RESTORED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY. SHOULD THE PROPERTY BE BROUGHT INTO COMPLIANCE PRIOR TO THE SCHEDULED HEARING DATE THIS CASE WILL BE REMOVED FROM THE DOCKET. OTHERWISE HEARINGS WILL CONTINUE AS SCHEDULED. 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. Since ely, SEN'E': C•M•LETETHISSECTI•N c•M•LETETHISSEcn•N •N •EUVE•V A Signature 2'. ■ Complete items 1,2,and 3.Also complete p I I O Agent An Slron item 4 if Restricted Delivery is desired. t ,•��• , ra Addressee Zoning Corn • Print your name and address on the reverse so that we can return the card to you. eceived by(Printed Name) C. Date of Deliver pc: ZCVC • Attach this card to the back of the mailpiece, —5-66 or on the front if space permits. •'n e • •D. Is delivery address different from Item 1? O Yes 1. Article Addressed to: y� in *Man below: O No /Q cir, „/ Wet' ours Done 4 GREELEY OFFICE n 1 l&st/ene nfficina Nov f6wins 424, Wa8 St ; Sion l 0 VO6 �...•,'. • I - ■ press Mail ❑Registered ❑Retum Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number 7005 1160 0001 4539 1881 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Page 2 of 2 WELD COUNTY PLANNING DEPARTMENT Kit(ft (1,ii....;;...\\\ Ann Siron Zoning Compliance Officer 918 10th St !nig C Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX: 4-6498 E-MaiLasiron@co.weld.co.us ron@co.wed.co.us COLORADO September 23, 2008 SALAZAR LIONEL & 426 WALL ST EATON, CO 80615 Case: ZCV08-00256 , ` Legal Description: L16&17 BLK3 E SIDE EATON SITUS: 426 WALL ST WELD 000000000 ` Dear: SALAZAR LIONEL & : 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. Page 1 of 2 { rst WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St T Greeley, CO 80631 Phone: 970-353-6100 x3566 4-6498 E-Mail:asiron@co.weld.co.us as ron@co.we d co.uS COLORADO To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF SEVERAL DERELICT VEHICLES 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 hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 10/23/2008, 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, Ann Siron Zoning Compliance Officer pc: ZCV08-00256 Page 2 of 2 scrnit4r WELD COUNTY PLANNING DEPARTMENT Ann Siron Zoning Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3566 FAX:970-304-6498 E-Mail: asiron@co.weld.co.us COLORADO September 16, 2008 SALAZAR LIONEL & 426 WALL ST EATON, CO 80615 Case: ZCV08-00256 Legal Description: L16&17 BLK3 E SIDE EATON SITUS: 426 WALL ST WELD 000000000 Dear SALAZAR LIONEL &: 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 SEVERAL DERELICT VEHICLES. 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 Sections 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. 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, 1� I tx,,* ) Ann Siron Zoning Compliance Officer pc: ZCV08-00256 Page 1 of 1 a DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10th Street, Greeley, CO 80631 C Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: -10,10t-(Qd—j( , LE(ZONING CODE COMPLAINT 'rStaff/Name. 0 Citizen 0 other ❑ HEALTH DEPARTMENT Citizen's Name(If known)_ ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known) O BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: 9 Pending Case#(i.e. USR, RE, SE, ect...): ` Legal Description: L/(Dt/7/,g/,�� C.. `NGL.( E'a7L&-rt Parcel #: d7r✓r/M -.3LZ-r4-(ink Violation Address: erne (/ )G// EG�/±,C.-t C ¶flb Property Owners Name: L,2l9 L/.�jt-J ¢ ( r/z.„(z 7 //712404 Phone: Property Owners Address: _U// Tenant's Name: Phone: Tenant's Address: NATURE OF • COMPLAINT: 52 LA,A Z/217` cAteiPcl Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R3109804 Parcel#: 070931304008 Tax Area: 3874 Bordering County: Acres: 0.0797 Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 07 - 65 - 31 - 3 EAST SIDE ADD - 3 - 16 Owners Name&Address: Property Address: SALAZAR LIONEL& Street: 426 WALL ST WELD 426 WALL ST City: WELD EATON, CO 80615 Additional Owners: MADRID ADELINE Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 8/6/2004 $118,300 WD 3207133 Legal Description L16&17 BLK3 E SIDE EATON SITUS: 426 WALL ST WELD 000000000 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Square Feet 3471 Land Subtotal: 3471 $7,463 $590 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $122,286 $9,730 Total Property Value $129,749 $10,320 Building Details Account#: R3109804 Parcel#: 070931304008 Owners Name &Address: Property Address: SALAZAR LIONEL& Street: 426 WALL ST WELD 426 WALL ST City: WELD EATON, CO 80615 Building# Property Type 1 Residential Individual Built As Detail http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=07093... 9/16/2008 Identify Results Page 2 of 2 Built As: Ranch 1 Story Year Built: 1915 Exterior: Frame Hardboard HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1364 # of Baths: 2 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 4 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: . Total SQ Ft: Finished SQ Ft: 133 I Mill IIIII IIIII hie nl II 11113207133 08/09/2004 10:46A 1111 hill III lilt III IIII 1 of 1 R 6.00 D 11.83 Steve Moreno Clerk d County, 6 Recorder WARRANTY�"" DEED THIS DEED, Made this (0 ,�zl day of ris'Ju o3CsO A2 J between Shawn A. Shepherd and Jill M. Shepherd 00 of the County of Weld and State of CO, grantor, and Lionel Salazar and Adeline Madrid whose legal address is 426 Wall Street, Eaton, CC 80615 of the County of Weld and State of CO, grantees; WITNESS that the grantor for and in consideration of the sum of ONE HUNDRED EIGHTEEN THOUSAND THREE HUNDRED FORTY SEVEN AND 00/100, ($118,347.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and D(- being in the County of Weld and State of Colorado, described as follows: I,/ Lots 16 and 17, Block 3, East Side Addition, Town of Eaton, County of Weld, State of O' Colorado. also known by street and number as 426 Wall Street, Eaton, CO 80615 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 2004 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 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 has executed this d e//d'' on the date set forth above. Ira"-%7 . Shepherd ' .5l\i-R-lwa�. Jil M. Shepherd STATE OF COLORADO 1 ) ss. The foregoing instrument was acknowledged before County of Weld ) me this ,rent( day of 1.p„f- ca by Shawn A. Shepherd and Jill M. Shepherd �� Witness my hand and official seal. 1, y ill,,, My co ssion expires December 6, 2005 + "'""44.:ii �n / ; \ A j 44 • l WOUINNESS ,� f LA l Y4 NOTARY e D1s� rl a\ /ft/ 1009 37th Ave. Ct., Ste. 101 No. 921A. Rev.t(fj95,,,, ,,,;OAP; Greeley, COLORADO 80634 %\l`FF OF COl_r CcG 1 I *c \ . c II li 1 _i_j_.1 I I 1 1 ....". N• il fl I� I _ I I I ,� KII I � II II I I I I II i III III I I• I\ I \ iZtiti 1 1 . _ It _ 1 S J 1 • • _ Ea ITh. I - r - ------1-d- - __ --_ _ 1= k- ------- . 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