HomeMy WebLinkAbout20080522.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE - ZONING AND BUILDING INSPECTION
A public hearing was conducted on February 12, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem - EXCUSED
Commissioner William F. Garcia
Commissioner David E. Long - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Sharon Kahl
County Attorney, Stephanie Arries
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Ann Siron
Planning Department representative, Wendi Inloes
Building Inspections representative, Roger Vigil
The following business was transacted:
I hereby certify that a public hearing was conducted to consider whether to authorize the County
Attorney to proceed with legal action against the individuals named for violations of the Weld
County Zoning Ordinance. Cases were heard as follows:
ZCV #0701153 - MAURICIO: Ann Siron, Department of Planning Services, presented the case
report for the record and pursuant to the case file,this property is in violation of Sections 23-3-100,
23-3-150, 23-3-150.A,23-3-150.B and 23-3-150.C of the Weld County Code. To bring the property
into compliance, the derelict vehicles must be restored or removed from the property. Ms. Siron
stated this case was continued from January 8,2008,to allow adequate time for the property owner
to be notified of the violation hearing date. Ms. Siron is requesting this case be referred back to
the Department of Planning Services due to an additional violation noted and staff would like to
address all violations at the same time. Neither the property owners nor a representative was
present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV #0701153 against Jorge Mauricio back to the
Department of Planning Services. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
ZCV#0701082-LAGE: Bethany Salzman, Department of Planning Services, presented the case
report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20,
23-3-30 and 23-3-30.1 of the Weld County Code. To bring the property into compliance, the
noncommercial junkyard must be restored, removed or screened from all adjacent properties and
public rights-of-way. Ms. Salzman stated this case was continued from January 8, 2008, to allow
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adequate time for the property owners to be notified of the violation hearing date. Ms. Salzman
stated an on-site inspection was conducted on February 11, 2008,and there has been no progress
on bringing the property into compliance. Andrew Ladik, surrounding neighbor and representative
of the Homeowner's Association in this subdivision, stated there have been numerous complaints
from surrounding neighbors and he has tried to contact the Lages regarding the derelict vehicles,
vermin and trash. Responding to Commissioner Jerke, Mr. Ladik stated the Homeowner's
Association has addressed this property due to an unsightly lot which is in violation of the conenant
in this subdivision. Mr. Ladik stated there have been several letters sent and this has been an
ongoing problem for over a year.
Commissioner Garcia moved to refer ZCV#0701082 against Daniel and Nancy Lage to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Rademacher,
and it carried unanimously.
ZCV#0701135- MEYER: Ms. Salzman presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld
County Code. To bring the property into compliance,all household trash must be removed and the
noncommercial junkyard must be restored, removed or screened from all adjacent properties and
public rights-of-way. Ms. Salzman stated this case was continued from January 8, 2008, to allow
adequate time for the property owner to be notified of the violation hearing date. Ms. Salzman
stated the notice of hearing was posted on the property; however, there has been no contact from
the property owner,and now another vehicle has been added to this violation. Ms. Salzman stated
the current screening has deteriorated and the junkyard must be restored or the screening
repaired. Neither the property owner nor a representative was present, and there was no public
testimony given.
Commissioner Rademacher moved to refer ZCV #0701135 against Lynn Meyer to the County
Attorney for immediate legal action . The motion was seconded by Commissioner Garcia, and it
carried unanimously.
ZCV#0701167- MARTINEZ: Ms. Salzman presented the case report for the record and pursuant
to the case file, this property is in violation of Sections 23-3-20 and 23-3-30 of the Weld County
Code. To bring the property into compliance, the derelict mobile home and debris must be
completely removed. Ms. Salzman stated there has been no contact from the property owner and
staff is requesting this case be referred to the County Attorney for immediate legal action. Neither
the property owner nor a representative was present, and there was no public testimony given.
Commissioner Garcia moved to refer ZCV#0701167 against Paul Martinez to the County Attorney
for immediate legal action. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
ZCV#0701186 - WIRKNER-VANCE: Ms. Salzman presented the case report for the record and
pursuant to the case file, this property is in violation of Sections 23-3-20, 23-3-20.A, 23-3-30 and
23-3-30.F of the Weld County Code. To bring the property into compliance,the mobile home must
be permitted or removed. Ms. Salzman stated the property owners submitted an Accessory to the
Farm application for the mobile home this morning, however, the property is posted for sale. Ms.
Hearing Certification, Zoning Violations
February 12, 2008 2008-0522
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Salzman stated she contacted the Real Estate agency this morning and was informed the mobile
homes are being rented. Staff is requesting time to speak with the property owner to confirm if the
mobile homes are being rented out, and to allow the Accessory to the Farm application to be
reviewed. Wendi Inloes, Department of Planning Services, stated they have been dealing with this
property for quite some time,and a Recorded Exemption was done to clear up a previous violation.
Now the property owner is trying to justify an Accessory to the Farm by submitting an application
this morning; however, if the mobile homes are being rented out, the Accessory to the Farm
application will be denied. Neither the property owner nor a representative was present, and there
was no public testimony given.
Commissioner Rademacher moved to refer ZCV#0701186 against Debra Wirkner-Vance to the
County Attorney for legal action, with the instruction to delay action upon such referral until
March 12, 2008, to allow adequate time for staff to review the Accessory to the Farm application
and confirm if the property is for sale. The motion was seconded by Commissioner Garcia, and
it carried unanimously.
ZCV#0701072-FERGUSON: Ms. Salzman presented the case report for the record and pursuant
to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.R
of the Weld County Code. To bring the property into compliance, an annexation agreement to
Johnstown must be submitted, or a Use by Special Review application must be submitted or all
commercial vehicles and storage must be removed. Staff is requesting this case be continued to
March 11, 2008, to allow time for the property owner to pay the required water tap fee in order to
be annexed into the Town of Johnstown. Neither the property owners nor a representative was
present, and there was no public testimony given.
Commissioner Garcia moved to continue ZCV#0701072 against Kirk and Bobbie Ferguson until
March 11, 2008,to allow adequate time for the property to be annexed into the Town of Johnstown.
The motion was seconded by Commissioner Rademacher, and it carried unanimously.
ZCV#0701162 - MEZA/MEZA: Ms. Siron presented the case report for the record and pursuant
to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1 23-3-40,
23-3-40.B, 23-3-40.B.16, 23-3-40.Q, 23-3-50 and 23-3-50.D of the Weld County Code. To bring
the property into compliance, the number of animal must be reduced to comply with Weld County
Code, or a Use by Special Review application must be submitted, and the noncommercial junkyard
must be removed.
(Clerk's note: Commissioner Jerke requested this case be delayed to the end of the hearing to
allow time to acquire an interpreter on behalf of the property owners. This case was continued
after hearing ZCV#0701129 and ZCV#0701104.)
Responding to Commissioner Rademacher, Roger Vigil, Building Inspections Department, stated
he has not been to the property to do an inspection of the buildings: however, the pictures indicate
they may be classified as dangerous buildings, and an on-site inspection will need to be conducted.
He will contact the property owners to set this up. Responding to Commissioner Garcia, Ms. Siron
stated there have been several complaints and violations stemming back to 2004 and 2005. In
February, 2006, the property was once again in compliance; however this complaint has been
ongoing for years and is now a problem again. Maria Meza and Jose Meza, property owner and
Hearing Certification, Zoning Violations
February 12, 2008 2008-0522
Page 3 PL0824
tenant, through the help of an interpreter, stated they are cleaning up the property and will need
more time to complete the work. Ms. Meza stated she was out of the country for quite some time,
and now that she is back they will continue to work on this project. Responding to Commissioner
Rademacher, Ms. Meza stated she is aware of all the violations, including the animal numbers and
the condition of the buildings on the property. Ms. Meza stated depending on the weather they will
continue the clean up of the property and will need approximately two months.
Larry Schroeder, neighbor, stated the violations started on April 19, 2002, which involved derelict
vehicles,animals and buildings that the wind blows over and are patched with tin and whatever they
have available. These buildings were put up without permits of any kind and when they fall apart
the trash blows into his fields and he has been dealing with the trash and animals trespassing into
the fields, feeding and trampling the crops. Mr. Schroeder stated he has invested thousands of
dollars in weed control,which is seeded by the weeds that are out of control on their property, they
water their animals with ditch water; which is on his water rights, therefore they are stealing his
water. They cut the fence or the animals break the fences he has put up to keep the animals off
his land. Mr. Schroeder stated he is tired of this situation and is wanting to sell his farm. Mr.
Schroeder paid for a surveyor to come and measure his property, at which time he discovered the
Mezas have encroached on his land and he needs help from the County to remedy this problem.
He was told he needs to get eviction notices against them to get his property back. He has a good
prospect in getting the property sold and needs to get this problem dealt with. Mr. Schroeder
stated the trash and animal situation has attracted rats to the neighborhood. Responding to
Commissioner Rademacher, Mr. Schroeder stated he has contacted the County in the past
regarding the weeds and other issues and has received absolutely no help, he has invested his
time and money on weed spray, which he sprays on as much of their property as he can reach and
has done everything possible to protect his property and investments. Mr. Schroeder stated he is
losing the dollar amount he could get for his property due to this violation next to him. Todd Bean,
witness, stated everything Mr. Schroeder said is true, he has witnessed the livestock getting out
and has talk with the neighbors. Mr. Bean is interested in buying the property and would like this
situation cleared up before he invests in this land.
Maria Meza stated there are no rats on the property, and the water is in the ditches on her property
so she feels she is not stealing water. Ms. Meza stated the fences are torn down by the tractor,
not by their animals, and she stated they feel they have not taken more property than what is theirs.
Jose Meza stated they will be selling the animals and will continue to clean up the site, they are
needing more time to complete all the work needed. Responding to Commissioner Jerke, Ms.
Meza stated they water the animals from the ditches, they do not own water rights, and they do not
know where the water in the ditches comes from. Commissioner Jerke noted the Meza's need to
be informed of water right issues and why there is water in the ditches on their property, and also
requested that the Building Inspections Department do an inspection of the buildings on this site
for public safety concerns and process as soon as possible.
Commissioner Garcia moved to refer ZCV#0701162 against Juan and Maria Meza and Jose Meza
to the County Attorney for immediate legal action. The motion was seconded by Commissioner
Rademacher, and it carried unanimously.
ZCV#0701129-GONZALEZ: Ms. Siron presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 23-3-150, 23-3-150.A, 23-3-150.B and
23-3-150.C of the Weld County Code. To bring the property into compliance, the noncommercial
Hearing Certification, Zoning Violations
February 12, 2008 2008-0522
Page 4 PL0824
junkyard must be restored or removed from the site, the chickens must be removed, and all
commercial activity must be removed and a letter stating no such activity is being conducted must
be submitted. Ms. Siron stated the property owner contacted staff and has removed one derelict
vehicle and will be removing the chicken coops this week. Staff is requesting thirty (30) days for
this project to be completed to bring the property into compliance. Neither the property owners nor
a representative was present, and there was no public testimony given.
Commissioner Rademacher moved to refer ZCV #0701129 against Socorro and Guadalupe
Gonzalez to the County Attorney for legal action, with the instruction to delay action upon such
referral until March 12, 2008, to allow adequate time for the property owners to restore or remove
the noncommercial junkyard,to remove the chickens,and to remove all commercial activity to bring
said property into compliance. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
BCV#0701104 - STITT: Peggy Gregory, Department of Planning Services, presented the case
report for the record and pursuant to the case file, this property is in violation of Section 29-8-40
of the Weld County Code. To bring the property into compliance, all inspections must be
completed and a final approval issued for the detached garage. Staff is requesting this case be
referred back to the Department of Planning Services due to a new permit and fees submitted.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Garcia moved to refer BCV#0701104 against Sean Stitt back to the Department
of Planning Services. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
Hearing Certification, Zoning Violations
February 12, 2008 2008-0522
Page 5 PL0824
This Certification was approved on the 20th day of February, 2008.
APPROVED:
ATTEST: /� i l ARD OF COUNTY COMMISSIONERS
EIS D COUNTY, COLORADO
Weld County Clerk to the Boards ,rF c�' ,A�'
( i, ! LI H. Jerke, Chair
l/�)'a-4-27% S BY: ;
Deputy Clerk to the Board1. ' SED
ert asden Pro-Tern
CD #2008-02 1
William F. Garcia
EXCUSED
David E. Long
Do glas Radema er
Hearing Certification, Zoning Violations
February 12, 2008 2008-0522
Page 6 PL0824
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