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HomeMy WebLinkAbout20080786.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST BERNARDO GUERRERO 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,Bernardo Guerrero,ZCV#0800052,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 March, 2008, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Bernardo Guerrero, 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 September 11, 2008, to allow adequate time for the property owner to keep the number of commercial vehicles to the one allowed, and to have no complaints during this time period to bring the subject property into compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that ZCV#0800052 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Bernardo Guerrero 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 September 11, 2008, to allow adequate time for the property owner to keep the number of commercial vehicles to the one allowed, and to have no complaints regarding this violation for the six month extension period, to bring the subject property into compliance. 2008-0786 PL082* d '. PL. Ir01-- 03/5,_-;708- VIOLATIONS - ZCV#0800052 - BERNARDO GUERRERO PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 11th day of March, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: (l; - __9i/�'� o 3" �'T� 'llr/ Wi m H. Jerke,pChair Weld County Clerk to the Board l�t�n ;\ Robert . M as Pro-Tem BY: Dep Clerk the Board Wil • F. Garcia AP D AS T • 'oPC David E. Long my Attorney o ougla ademach Date of signature: 31aq log 2008-0786 PL0824 V. _lation Summary Rep. .t BASIC INFORMATION GUERRERO BERNARDO 9729 CR 24 FORT LUPTON, CO 80621 Tenant: Compliance Officer: Bethany Salzman Violation Number: ZCV08-00052 Situs Address: 9729 CR 24 Legal: PT S2SE4 3-2-67 BEG SE COR OF W2SE4 W145.2' NOD01'E 300' E181.51' S17D52'E 50.95' S05D50'E 55.80' S03D02'W 43.47' S06D10'W 153.18' W38.95' TO POB EXC UPRR RES (.13R) SITUS: 9729 24 CR WELD 80621 Location: Location North of and adjacent to CR 24 and approximately 1 mile West of CR 23 North Agriculturally zoned properties with agricultural and residential uses South Turkey farm and Agriculturally zoned properties with agricultural and residential uses East Agriculturally zoned properties with residential uses West Agriculturally zoned properties with predominantly residential uses and approximately 1 mile East of Firestone limits Parcel Number: 131103000077-R8078000 Acreage: 1.34 Certified Mail Date: 02/26/2008 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.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from propert equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. 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. REMEDY Once again the presence of a second COMMERCIAL VEHICLE has been brought to our attention. In fact at least 2 (two) separate occurances have been documentated. RECOMMENDATION The Department of Planning Services recommends that this case be forwarded to the County Attorney's Office for immediate legal action. 2008-0786 V. Jation Summary Rep_ .t LETTER HISTORY 02/26/2008 Complaint Validated 02/26/2008 LTTR: Hearing Notification OTHER CASE HISTORY 03/03/2008 Property Inspected Upon a visual inspection of the property, the following items were noted: 1 Commercial Vehicle. No pictures were taken taken during this inspection. 06/25/2007 Other ZCV07-01059 initiated for multiple Commercial Vehicles (at least 3). 08/27/2007 Other ZCV07-01059 closed. Property Owner removed all but 1 (one) commercial vehicle. 10/15/2007 Other ZCV07-01165 initiated for 2 Commercial Vehicles. 11/13/2007 Other Violation case presented to Board. Property currently in compliance, but Board strongly advised Mr. Guerrero not to maintain more than 1 Commercial Vehicle at any given time. Board dismissed violation case. 02/21/2008 E-Mail Received Complaint received with pictures advising that 2 Commercial Vehicles were present. 02/25/2008 E-Mail Received Complaint received with pictures advising that 2 Commercial Vehicles were present. 03/04/2008 Certified Mail Receipt Certified Receipt received signed. Page 1 of 2 Bethany Salzman From: Jon Langstaff[jon.langstaff@gmail.com] Sent: Thursday, February 28, 2008 11:47 AM To: Bethany Salzman Subject: Re: Another 2nd truck incident Thank you for your assistance Bethany. Hon On Thu, Feb 28, 2008 at 8:56 AM, Bethany Salzman <bsalzman@co.weld.co.us>wrote: I did send out a hearing notification for March 111h at 10 am in the same hearing room. I sent it certified, but if I do not get the certified receipt by the 10th, I will go ahead and post the property as well. Thanks I will see you on the 11th From: Jon Langstaff [mailto:]on.langstaff@gmail.cgm] Sent: Monday, February 25, 2008 7:41 AM To: Bethany Salzman Subject: Re: Another 2nd truck incident sorry - cell phone is 303.304.4218 On Mon, Feb 25, 2008 at 7:38 AM, Bethany Salzman<bsalzman@cg.weld.co.us>wrote: I will speak to staff this morning and let you know how we intend to proceed. Thanks in advance. From: Jon Langstaff [mailto:jon.lanostaff@gmail.com] Sent: Monday, February 25, 2008 7:37 AM To: Bethany Salzman Subject: Another 2nd truck incident Bethany, 3/4/2008 D' '1RTMENT OF PLANNING SERVICES ComplianceNORTH OFFICE 918 10th Street CO Greeley, C 80631 Email Address: bsalzman@co.weld.co.us ■ Phone Number: 720-652-4210 x 8739 Fax Number: 720-652-4211 SOUTHWEST OFFICE 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 February 26, 2008 GUERRERO BERNARDO 9729 CR 24 FORT LUPTON, CO 80621 Violation Number: ZCV08-00052 Legal Description: PT S2SE4 3-2-67 BEG SE COR OF W2SE4 W145.2' N0D01'E 300' E181.51' S17D52'E 50.95' S05D50'E 55.80' S03D02'W 43.47' S06D10'W 153.18' W38.95' TO POB EXC UPRR RES (.13R) SITUS: 9729 24 CR WELD 80621 Dear GUERRERO BERNARDO: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: • 03/11/2008 ' 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.M Parking and operation of one (1) COMMERCIAL VEHICLE on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision, or a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions. Parking and operation of up to five (5) COMMERCIAL VEHICLES from property equal to, or greater than, eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceed sixty (60) per day to and from the property. When the property is located within an approved or recorded subdivision, or part of a LOT which is part of a map or plan filed prior to adoption of any regulations controlling subdivisions, such USE may be permitted through Section 23-4-950 of this Code. 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. To bring your property into compliance with the Weld County Code: Once again the presence of a second COMMERCIAL VEHICLE has been brought to our attention. In fact at least 2 (two) separate occurances have been documentated. D' \RTMENT OF PLANNING SERVICES b Compliance Division NORTH OFFICE 918 10th Street CO Greeley, CStreet 80631 Email Address: bsalzman@co.weld.co.us Phone Number: 720-652-4210 x 8739 Illig C Fax Number: 720-652-4211 SOUTHWEST OFFICE 4209 CR 24.5 COLORADO Longmont, CO 80504 VVi.n►J Phone: (720) 652-4210, Ext 8730 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. R Sincerely, s m zcJo . N t9 e " o > z° • i ; Bethany Salzm n r� ci e- - m g m Zoning Compliance Officer II ;R` 1/4... T m pc: ZCV08-00052 y„.- c7' E o g M1 O d Department of Planning Services z ,0 v �� ¢ 0 a jir- Bruce Barker, County Attorney -- D ' 'N D 0 ru U.S. Postal ServiceTM �\ a •43- ' ; LP -g g 2 E W o o D CCERTIFIED MAILTM RECEIPT 8 ¢ g eD (Domestic Mail Only;No Insurance Coverage Provided) , N ¢ s 1� D F•r.elivery inf•rmeti•nvislt •urwe•siteat www.us•s,c•ma d X Im o 6 4 M1 _a c _o \ a ro_ '� Postage $ ry 3{ d N E oCertified Fee .5 `m . 0 ci Postmark CI Retue Receipt Fee E V C N (Endorsement Required) Here • ro .m. i.E Restricted n Fee to v c«« 9 H (Endorsement Required) y CO m ¢— rv'itEYE o m Z' U U a 0 Totel Pastaga&Fees $ v d 0 Nam �./ N is-vcam V • co Sant TO�1r� .,y�(�t /��'� a� jute N p V E« CS i m N �• .PA_a.�i7�M'?' .M1.ti-i- .1 .-N N"r0 N E U U E N Sfreef,APf.Ne.; . ur U m --5.,,,i $ ti orPOSoxNo. Q� �.,≥\ E'er E e� E City,State,271;44 I • " m C N N 2 m v u m¢ 0 3 Y L $ z e m :.. .. av >.ad c''' m 6 SO. cg E E E c .4 o . CO t . E o U«a °m¢ `o LL ■ is ■ 6 a Page 1 of 1 Bethany Salzman From: Jon Langstaff[jon.langstaff@gmail.com] Sent: Monday, February 25, 2008 7:37 AM To: Bethany Salzman Subject: Another 2nd truck incident Attachments: 080223Trucka1.jpg; 080223Truck2.jpg Bethany, Again this weekend, on Saturday 23 Feb a 2nd truck arrived on Mr. Guerrero's property. Similar to the incident on 20 Feb, he parked the original truck on the side of the road,just south of his property line (truck#1). Around 11:00am the 2nd truck showed up and remained until approximately 5:00pm. Bethany, as I stated in my previous email, I am in the midst of trying to sell my farm and Mr. Guerrero's violations are even more detrimental than just to me personnaly now. I am prepared to request a formal hearing at the planning board if that is appropriate. I am looking to you for advice on this situation. Please contact me at your soonest availability and let's discuss options that are available to once again get Mr. Guerrero's attention. Respectfully, Jon Langstaff 9701 WCR 24 Fort Lupton, CO 3/4/2008 Page 1 of 1 Bethany Salzman From: Jon Langstaff[jon.langstaff@gmail.com] Sent: Thursday, February 21, 2008 7:11 AM To: Bethany Salzman Subject: Two commercial vehicles at Bernardo Guerrero's property Attachments: 080220Truck1.jpg; 080220Truck2.jpg Hello Bethany; Truly I had hoped this wouldn't rear it's ugly head again, but here it is. Yesterday when I arrived home in the late afternoon there were two trucks at/near Mr. Guerrero's property. I say at/near, because truck #2 was actually parked on the side of the road about 10-20ft south of Mr. Guerrero's property. However, they are both his trucks, they are both there and what can I do about this? The truck that was parked next to the shed left this morning at 5:40am, the other parked alongside the road was still there when I left at 6:00pm. A belated Happy New Year to you, hope you have a great 2008. Thank you for your assistance. Respectfully, Jon Langstaff 3/4/2008 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R8078000 Parcel#: 131103000077 Tax Area: 2179 Bordering County: Acres: 1.21 Township Range Section Quart. Sec. Subdivison Name Block#_Lot# 02 - 67 - 03 - 0 - - „e .44 ,.1, .4._ s: ,,.::, .._ ,,.,,.nG. m ,. Owners Name&Address: Property Address: ✓ GUERRERO BERNARDO Street: 9729 24 CR 9729 CR 24 City: WELD FORT LUPTON, CO 80621 ,,.\ 1 Ikr Business/Complex: Sales Summary IL', Sale Date Sale Price Deed Type Reception# 4/3/2007 $235,600 WD 3466896 Legal Description PT S2SE4 3-2-67 BEG SE COR OF W2SE4 W145.2' NODO1'E 300' E181.51' 517D52'E 50.95' 505D50'E 55.80' S03D02'W 43.47' S06D10'W 153.18' W38.95'TO POB EXC UPRR RES (.13R) SITUS: 9729 24 CR WELD 80621 Land Valuation Summary Land Type Abst Code Unit of Number of Ass Actual Value ssed Measure Units Value Residential 1112 Site Land Subtotal: $80,000 $6,370 Buildings Valuation Summary Actual Value Assessed Bldg# Property Type Value 1 Residential 2 Out Building Improvements Subtotal: $50,602 $4,030 Total Property Value $130,602 $10,400 Building Details Account#: R8078000 Parcel#: 131103000077 Owners Name&Address: Property Address: GUERRERO BERNARDO Street: 9729 24 CR 9729 CR 24 City: WELD FORT LUPTON, CO 80621 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1920 http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd—QUERY&DET=PP&pin=13110... 2/25/2008 Identify Results Page 2 of 2 Exterior: Frame Hardboard HVAC: Floor/Wall Furnace Interior Finish: Drywall Built As SQ Ft: 890 # of Baths: 1 Roof Type: # of Bdrms: 2 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 280 Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R8078000 Parcel#: 131103000077 Owners Name&Address: Property Address: GUERRERO BERNARDO Street: 9729 24 CR 9729 CR 24 City: WELD FORT LUPTON, CO 80621 Building# Property Type 2 Out Building Individual Built As Detail Built As: Shed - Equipment Year Built: 1971 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 2400 #of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/W ebsite/W e1d/setSq 1.asp?cmd=QUERY&DET=PP&pin=13110... 2/25/2008 tct(11 ‘ , DEPARTMENT OF PLANNING SERVICES ‘‘ Code Compliance Division 918 10' Street, Greeley, CO 80631 111 g O k6° Phone: (970) 353-6100, Ext. 3540 .� Fax: (970) 304-6498 COLORADO � ZONING andi�or BUIL 'iVG CODE COMPLAINT FORMS Complaint Initiated by: Z0 ZONING CODE COMPLAINT 0 Staff/Name: % Citizen 0 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: Pending Case#(i.e. USR, RE, SE,ect...): Legal Description: SASEL1 cc S3Tat,3 2.501 w Parcel#: D'C0 C11 Violation Address: `\1 .\ CLa .\ Property Owners Name: (? ULrCX(l , e_Aniauio Phone: �1 Property Owners Address: ' CD"* ‘A-APtrin% CO '):1`1 Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: Additional Notes: -7.`��O1 eRecorded in Weld C y,CO Doc Id:3466896 04/05/2007 08:22 A Receipt✓«:7300833 Page: 1 of 1 Total Fee:$29.56 Steve Moreno, Clerk and Recorder Bernardo Guerrero WARRANTY DEED THIS DEED,Made on April 3,2007 between Dale Sebring of the County of Weld,State of Colorado,grantor(s),and Bemardo Guerrero whose legal address is 9729 County Road 24 Fort Lupton,CO 80621 kAa-Aof the County of oQ ,State of Colorado,grantee(s): WITNESSETH,that the grantor(s),for and in consideration of the sum of Two Hundred Thirty Five Thousand Six Hundred and 00/100 DOLLARS($235,600.00),the receipt and sufficiency of which are hereby acknowledged,have granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell, convey and confirm unto the grantee(s),their heirs and assigns forever,all the real property,together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado described as follows: All that portion of the Southeast 1/4 of Section 3,Township 2 North,Range 67 West of the 6th P.M.,County of Weld,State of Colorado,more particularly described as follows: Beginning at the Southeast corner of the West 1/2 of the Southeast 1/4 of Section 3; thence along the South line of the Southeast 1/4 of Section 3, North 90°00'00" West 145.20 feet; thence parallel with the East line of the West 1/2 of the Southeast 1/4 of Section 3, North 00°01'21"East 300.00 feet; thence South 90°00'00"East 181.51 feet; thence South 17°52'20"East 50.95 feet; thence South 05°50'21"East 55.80 feet; thence South 03°02'42"West 43.47 feet; thence South 06°10'01"West 153.18 feet to a point on the South line of the Southeast 1/4 of Section 3; thence along said Section 3, North 90°00'00" West 38.95 feet to the Point of Beginning, County of Weld,State of Colorado as known by street and numbers as: 9729 County Road 24,Fort Lupton.CO 80621 I TOGETHER with all and singular the heredltaments end appurtenances thereto 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(s),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 grantee(s),their heirs and assigns forever.And the grantor(s),for themselves,their heirs,and personal representatives,do covenant,grant,bargain,and agree to and with the grantee(s),their heirs and assigns,that at the time of the ensealing and delivery of these presents,they are well seized of the premises above conveyed, had 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 as 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 for general taxes and assessments for the year 2007 and subsequent years;and subject to easements, covenants,reservations,restrictions and rights of way of record. The grantor(s)shall and will WARRANT AND FOREVER DEFEND the above-bargained premises In the quiet and peaceable possession of the grantee(s),their heirs and assigns,against all and every person or persons lawfully claiming the whole of any part thereof. Wherever used herein,the plural references shall be construed to be singular references and singular references shall be construed to be plural references where the context requires and all references of gender and person shall be construed to refer to the grantor or grantors identified herein regardless of the context. IN WITNESS WHEREOF,the grantor(s)have executed this deed on the date set forth above. Dale Sebring STATE OF COLORADO ) SS. COUNTY OF LARIMER ° The for o' g instrument was acknowledged before me this /9 day of41:,A., .( by Dale Sebring. Witness my hand and official seal. My commission expl 01/14/2008 Tel PAO I's 33400-07-03129 FSS Ty.c O Notary Public o�P ' &air C OtAHY No.B32A.Rev.10-97 warranty Deed(For Photographic Record) m NORTH AMERICAN TIRE COMPANY OF COLORADO <roL\G +O' S2100010.2632 Rev.11/9/04 '',O Op rOIp pN To whom this may concern: I am righting this letter to apologize. I could have done a better job of alerting my staff to the fact that they are not only not to park their trucks on my property but they cannot park anywhere near the property. Not even on the street. I believe that this happened because of lack of explanation on my part. 1 assure you that I have since spoken with my employees and also provided them with a written explanation to prevent this from happening again. I believe I am following the rules you have set for me and will continue to do so. Once again I apologize for any inconvenience that this may have caused. Sin erely, 71aii /Ward Bernardo Guerrero. Guerrero's Trucking 9729 WCR 24 Ft. Lupton, CO 80621 LZucopwr Q V-C314$ t-�KF7 F� Guerrero's Trucking 9729 WCR 24 Ft. Lupton CO 80621 Attention: All Staff As previously discussed you are no longer able to pick up your checks at the property listed above. Checks will be mailed to your home addresses. Trucks cannot be on the property for any reason what so ever. If these rules are not followed termination may occur. In case of any questions please contact me directly at the following number. 303-718-0376 Sincerely, Bernardo Guerrero Thank you for your attention. Hello