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HomeMy WebLinkAbout20081688.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TOMMY DEHERRERA AND SILVESTRE AND MARIA GONZALEZ 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, Tommy Deherrera and Silvestre and Maria Gonzalez, VI #0600381, are 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 17th day of June, 2008, a'public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Tommy Deherrera, 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 July 17, 2008, to allow adequate time for the property owner and tenants to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights-of-way, and to remove the commercial vehicle 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 VI #0600381 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Tommy Deherrera and Silvestre and Maria Gonzalez 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 July 17, 2008, to allow adequate time for the property owner and tenants to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights-of-way, and to remove the commercial vehicle to bring the subject property into compliance. 2008-1688 PL0824 0 T, P� vz � � �- C) VIOLATIONS - VI #0600381 - TOMMY DEHERRERA AND SILVESTRE AND MARIA GONZALEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of June, A.D., 2008. _ BOARD OF COUNTY COMMISSIONERS 5 I ,n WELD COUNTY, COLORADO ATTEST: ,` ,..>,2_ i s6i ?,-9 William H. Jerke, Chair Weld County Clerk to t B. c_c te-efEXCUSED - Robert D, BY: Masden, Pro-Tern Deputy Clerk o the Board Willi? . Garcia AP E • David E. Long f u ty Attorney ougla Rademache Date of signature: /e/��nc 2008-1688 PL0824 Vi- 'ation Summary Reprt.. BASIC INFORMATION DEHERRERA TOMMY 1736 MARY AV FORT LUPTON, CO 80621 Tenant: GONZALEZ SILVESTRE & MARIA 1854 CAROLINE AV FORT LUPTON, CO 80621 Compliance Officer: Bethany Salzman Violation Number: VI-0600381 Situs Address: 1854 CAROLINE AV Legal: 20107A L16 & N10' L17 BLK16 WATTENBERG SITUS: 1854 CAROLINE AV WELD 00000 - Location: Location South of and adjacent to CR 6 North Agriculturally zoned properties with minimum residential uses South Agricultural zoning w/Gravel Mining (USR'S) East Agricultural zoning w/ Gravel Mining (USR'S) West Agricultural zoning w/Gravel Mining (USR'S) Parcel Number: 146925110002-R6068386 Acreage: 0.11 Certified Mail Date: 04/01/2008 05/14/2008 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. 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. REMEDY As we have prevously discussed, while the presence of a NONCOMMERCIAL JUNKYARD is an allowed use in your subdivision (since you are zoned Agriculture), it must be completely SCREENED from all adjacent properties and public rights-of-ways; otherwise, any DERELICT VEHICLES and miscellaneous debris shall be restored (to operable and licensed condition) or removed. COMMERCIAL VEHICLES shall be removed or appropriately permitted. RECOMMENDATION The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 08/24/2006 Complaint Validated 08/25/2006 LTTR: 5 Day Letter 09/25/2006 LTTR: Violation Notice 04/01/2008 LTTR: Hearing Notification 05/14/2008 LTTR: Hearing Notification 05/14/2008 Reschedule 2008-1688 V•L 'ation Summary Repeat OTHER CASE HISTORY 08/24/2006 Property Inspected Upon a visual inspection by Deputy Randy Carter and myself, the following items were noted: Numerous derelict vehicles, tires and miscellaneous debris. 09/22/2006 Phone Call Tommy Deherra (303-667-1243) called. He said that he had received my letter. He wanted to know what needed to be done. I explained that the Noncommercial Junkyard could be removed, restored or completely screened from all adjacent properties and public rights-of-ways. He said so I can have them covered. I explained that tarps are not allowed. They would need to install a fence of some sort that completely screened the view of the derelict vehicles. He then mentioned the commercial vehicle. I explained the ZPCV and the USR. He said he didn't think any commercial vehicles should be allowed in the subdivision. I told him that I would send him a 60 day to see about getting a fence installed. He said thank-you. 03/26/2008 Property Inspected Upon a visual inspection of the property, the following items were noted: Some progress had occurred since the violation initiated; however, numerous derelict vehicles and miscellaneous debris. No pictures were taken during this inspection. 06/04/2008 Property Inspected During an on-site inspection with Silvestre, Tommy & I, the following items were noted: 1.) Orange/White Ford Pick-up CO 005-IGX 2.) Red truck CO 391-NKH 3.) Brown van CO WKJ-624 4.) White car CO 364-YTJ 5.) Orange truck CO 3PL-224 6.) Black truck CO 653-GLY The above listed 6 vehicles either need current licenses, screened or removed from the property. There is 1 white derelict dump truck that Silvestre indicated he would be taking to the dump. Several piles of scrap iron/metal need to go to the salvage yard. I advised Silvestre if he completed everything by the 16th, the hearing on the 17th would be cancelled. If not, he would need to attend the hearing to request extra time from the BOCC. He said he hoped to have everything done by the 16th. I advised him to fax me copies of the current registrations (if that was the route he took). I also showed him my phone number on the inspection report that I left on site with him. I also gave Tommy a copy of my inspection report. No pictures were taken during this inspection. Oiiip /c-ki � 0 11NG DEPARTMENT 4)40 o er II z onto to ill os D O 3555 m 7) eld.co.us COLA] Weld County Planning Department o GREELEY OFFICE y 7 O -I May 14, 2008 JUN 04 2008 z DEHERRERAT RECEIVED o z 1736 MARY AV t+} - z FORT LUPTON O 2 !i) rn Case: VI-06003i ' m C Legal Descriptioi 1 n 20107A L16 & N u. m J(,, o rn D 00000 Om :II p _. m Dear DEHERRI ID r x O C D A -u aa• -0Xm O The property refs p y > ci scheduled a meeting with the z < H C' O O Z rp o -< o H The above menti IIMMI o H N o eld County Code: =- e m O O r tii Chapter 23, _ w 23-3-20 Us _ z pi 0 in - 23-3-30 Ac = :_�: 23-3-30.1 N oCC N � r z� 11x'41 _ 23-3-30.M I — ill riz ? :y of less than eighty I — -&--I m `` ision, or a LOT which i = °Ho r o-' •• • oiling subdivisions Y Inn i ; uwrlo 'rom property equal to, or �oz a, ® °$A goods, equipment c w >r ) per day to and from the ;71 1 7,1 iaa'II! Jed subdivision, u ° . ((((`-�,,�� ? it I of any regulations c e o I Sy3 i 23-4-950 of this Code. m m I 2 Y t 0 {O To bring your prof s 0 r7, As we have p ti o W or,„) 1NKYARD is an allowed u; - 00 a ompletely SCREENED y DERELICT VEHICLES ai condition) or removed. COMMERCIAL VEHICLES shall be removed or appropriately permitted. Page 1 of 2 • t ' Weld County Department of Planning Ser Ices 111 Inspection Report 91810" St COLORADO Greeley,CO 80631 Date of Inspection: ' l�-� Permit/Case No.: rilt• aCCOli' \ • Property Owner Nam; V4..V r Address: MA Q41.$1- Upon a on-site i spec �f the property listed above,the following items . were noted: a &al..I 1.0+14C. 4.4) e_,13 L. • kikt- CX6PatAiitiik-Co-5? '' s - k -- kCFS- Gt\( Quo U uz.N it cxrnc c t- -`lc-e5\16 - k ck t, 0..c> t n ., _Nci ccc ka.k ' .c, -VD CT Inspection by: Contact Name ‘Z.Sta"--N : _ t Contact Phone Number: 970-353-610 Ext.355S'41est-1054 i. Copy of this inspection was: It Left on Site O Mailed on: Pictures taken during inspection: O Yes ID No ortriti\ WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 C Phone: 970-353-6100 X 3555 FAX:9 bsalzman@co.weld.co.us man 8 E-Mail: @oweld.o.us COLORADO t,u;\ . May 14, 2008 v ` _� ' DEHERRERA TOMMY CD-\ . 1736 MARY AV FORT LUPTON, CO 80621 Case: VI-0600381 Legal Description: 20107A L16 & N10' L17 BLK16 WATTENBERG SITUS: 1854 CAROLINE AV WELD 00O00 Dear DEHERRERA TOMMY: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 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. 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. To bring your property into compliance with the Weld County Code: As we have prevously discussed, while the presence of a NONCOMMERCIAL JUNKYARD is an allowed use in your subdivision (since you are zoned Agriculture), it must be completely SCREENED from all adjacent properties and public rights-of-ways; otherwise, any DERELICT VEHICLES and miscellaneous debris shall be restored (to operable and licensed condition) or removed. COMMERCIAL VEHICLES shall be removed or appropriately permitted. Page 1 of 2 WELD COUNTY PLANNING DEPARTMENT rfakti.„,&4') Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 VIII De FAX:970-304-6498 E-Mail: bsalzman@co.weld.co.us COLORADO 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. Sincerely, Bethany Salzman Zoning Compliance Officer II pc: VI-0600381 U.S.Postal Service TM CERTIFIED MAIL.., RECEIPT ru (Domestic Mail Only;No Insurance Coverage Provided) ,-B f•r•elivery inf•rmati•n visit•ur we•site atwww.us•s.c•mm r h s ,u- Lf m m Postage $ ~ Certified Fee S Postmark c Return Receipt Fee Here in (Endorsement Here Required) O Restricted Delivery Fee (Endorsement Required) rr f7 $ Total Postage&Fees rR Sent To I CMC\9 Qenr Ynk-' 0 Street,Apt.No.; 0 or PO Box No. ^5t/) nr�.,, tti I"r4 '3-4�r-"t--- -City State,ZIPa4 5'F rm 3'tt Au ust2u6 See everse firtnsVucti•ns Page 2 of 2 4NINGO o co hr DEPARTMENT Lt1,, o , i cer II 1a Ig4: 0< d `` fl \ _ 1 � �� un o03 CC ,(\ - C 3555 er Lt. i�.c1 �►�1� ¢ 0 5` - rveld.co.us iJViXsoacrNn - I ..,!.: �i April 01, 2008 . wn. • DEHERRER4 , ,,vt-,. ' 1736 MARY gin " FORT LUPTC -` - „,* m }*-fa Case: VI-060(- o J a o — Legal Descrip+ o . _ 20107A L16 & ru ,- o _ ELD 00000 2 O Dear DEHEF O I— > z titc Q0 The property r m >_ i— r-' ve scheduled a meeting with t ct d co o N(33 o 01 Lu ;..} The above me > i*.... e Weld County Code: to •r+ (n N Chapter: 0 kr.) 23-3-20 z +" (Si 23-3-30 z i 23-3-30.1 c 23-3-30.r LL ; iperty of less than eigh 0 1 bdivision, or a LOT whic . 25 >ntrolling subdivisic W ≥ ES from property equal to, (' o ral goods, equipmer v F :60) per day to and from w z a� ;orded subdivisic c3 J ;ion of any regulatior c •,„‘ A tion 23-4-950 of this Code 0 �I �. To bring your 6 Oo a r 0 oz 0 As we ha' —c HMO .JUNKYARD is an allowec N 3118 e completely SCREENI any DERELICT VEHICLE: ;ed condition) or removed. - COMMERCIAL VEHICLES shall be removed or appropriately permitted. Page 1 of 2 44,S WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail: bsalzman@co.weld.co.us COLORADO April 01, 2008 DEHERRERA TOMMY 1736 MARY AV FORT LUPTON, CO 80621 Case: VI-0600381 Legal Description: 20107A L16 & N10' L17 BLK16 WATTENBERG SITUS: 1854 CAROLINE AV WELD 00O00 Dear DEHERRERA TOMMY: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 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. 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. To bring your property into compliance with the Weld County Code: As we have prevously discussed, while the presence of a NONCOMMERCIAL JUNKYARD is an allowed use in your subdivision (since you are zoned Agriculture), it must be completely SCREENED from all adjacent properties and public rights-of-ways; otherwise, any DERELICT VEHICLES and miscellaneous debris shall be restored (to operable and licensed condition) or removed. COMMERCIAL VEHICLES shall be removed or appropriately permitted. Page 1 of 2 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St 1111D C Greeley, CO 80631 Phone: 970-353-6100 X 355 FAX:970-304-6498 E-Mait balzman@coweldso.us COLORADO • 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. Sincerely, Bethany Salz Zoning Compliance Officer II pc: VI-0600381 U.S.Postal Service., CERTIFIED MAIL, RECEIPT n- (Domestic Mail Only;No Insurance Coverage Provided) F r' elivery lnf•rmatl.n visit •ur we•siteat www.us•s.e•Ln ma ru rui, P K . __ rl Postage $ m p Certified Fee Postmark CI Return Receipt Fee Here (Endorsement Required) u (EndorsementRestricted Delivery Fee — � Required) rR Total Postage&Fees $ Ln I Sent To .. 1�e. YNCKSfeta (` Street,Apt No.; MID or PO Box No. MID r i k Oily,State,ZIP+4 ls.r� "'^'.—� -e ^^ S Farm 3a�e,June 2002 See averse l rInstructions, • Page 2 of 2 (it6 DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10T" Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman(a�co.weld.co.us Q PHONE: (970) 353-610O, Ext. 3555 FAX: (97O) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-421O, Ext. 8730 FAX: (72O) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE September 25, 2006 MR. TOMMY DEHERRERA 1736 MARY AV WATTENBURG, CO 80621 Subject: VI-0600381, Lots 16 & 17, Block 16, Wattenburg, Weld County, Colorado Dear Mr. Deherrera: 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 Ill, Div 1 "A (Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial Junkyard." Section 23-3-30.M "Parking and operation of,one(1)COMMERCIAL VEHICLE on property on 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." To bring your property into compliance with the Weld County Code: The NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, tires and miscellaneous debris shall be removed,restored or completely SCREENED from all adjacent properties and public rights-of-ways. Mr. Deherrera Page 2, VI-0600381 More than 1 (one) COMMERCIAL VEHICLE would require a much more intense zoning application. In fact, the presence of 1 (one) COMMERCIAL VEHICLE requires a Zoning Permit for a Commercial Vehicle(ZPCV). In either case mentioned above,the Commercial Vehicle(s) must be in operating condition and maintain current license plates at all times. Derelict Commercial Vehicles are only allowed in a COMMERCIAL SALVAGE YARD. 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. 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. 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; is not registered with the State, as required by Section 42-3-103, C.R.S., or by Section 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. 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. COMMERCIAL VEHICLE:Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A(Agricultural)Zone District.A COMMERCIAL VEHICLE shall include, but is not limited to, semi-trailers, dump trucks, construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. 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 60 (sixty) days from September 25, 2006, 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. Mr. Deherrera Page 3, VI-0600381 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, Bethany Salzmanan Zoning Compliance Officer II pc: VI-0600381 Department of Planning Services Bruce Barker, County Attorney rito(\ft\ DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREE LEY, CO 80631 pe. Website: WGREEL.WELD.CO.US E-mail Address: bsalzmanna co.weld.co.us PHONE: (970) 353-6100, Ext. 3555 COLORADO FAX: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 L0NGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 September 13, 2006 MR. TOMMY DEHERRERA 1736 MARY AV WATTENBURG, CO 80621 Subject: VI-0600381, Lots 16 & 17, Block 16, Wattenburg, Weld County, Colorado Dear Mr. Deherrera: 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: The presence of a NONCOMMERCIAL JUNKYARD consisting of multiple DERELICT VEHICLES, tires and miscellaneous debris. The presence of COMMERCIAL VEHICLES (even if in derelict condition). Derelict Commercial Vehicles are only allowed in a COMMERCIAL SALVAGE YARD. If the Commercial Vehicle were in operating condition and had current license plates, it would still need a Zoning Permit for a Commercial Vehicles since you are situated within the boundaries of a subdivision. 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. 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. SERVICE,TEAMWORK.INTEGRITY,QUALITY • Mr. Deherrera Page 2, VI-0600381 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; is not registered with the State, as required by Section 42-3-103, C.R.S., or by Section 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. 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. COMMERCIAL VEHICLE: Any vehicle, other than an automobile, used or previously used to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those uses listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi-trailers, dump trucks,construction equipment, railroad cars and cargo containers. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE. 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, \?achiL,O117S.N.QM Bethany Salzman Zoning Compliance Officer II pc: VI-0600381 Department of Planning Services SERVICE,TEAMWORK.INTEGRITY,QUALITY O '*447-1415 Weld County Department of Planning Services ��`I➢C. Inspection Report COLORADO 91810`"St Greeley,CO 80631 Date of Inspection: -7 f\-( { Permit/Case No.: V l - t Property Owner Name: V)Q \C Y 1t � , C.(1 W'c. ►� r Address: \,c(1) (-1 , Ayc Cl Upon a(visual)( inspection of the property listed above,the following items were noted: QUY`C NID lam; de.ktki Lk- UQ_V\I. `N`---1( t X�c c\c C-314.:%Q1.)) ( r c'\T\Y 14_ V\A +v) A t L Inspection by: Th Contact Name: k \)).,k Contact Phone Number:970-353-6100,Ext. 3555 Copy of this inspection was: Pictures taken during inspection: ❑Yes °Q No Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE ((--'Ct3��� Account#: R6068386 Parcel#: 146925110002 Tax Area: 2502 Bordering County: Acres: 0.1004 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 01 - 67 - 25 - 1 WATTENBERG - 16 - 16 Owners Name &Address: Property Address: DEHERRERA TOMMY Street: 1854 CAROLINE AV WATTENBURG 1736 MARY AVE City: WATTENBURG WATTENBURG, CO 80621 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description 20107A L16 &N10' L17 BLK16 WATTENBERG SITUS: 1854 CAROLINE AV WATTENBURG 00000 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Site Land Subtotal: $16,900 $1,350 No Buildings on Parcel http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1469... 08/24/2006 34 x W, o -1 L L.i.;!.lf rig. , x - L cc O 1Pli lei' y v -O u-":::' C'3 WO e c6 O G z p a d co u W o 41P 2 _`c a to z 9-w Z Ne,._ co.c 7, • cr,._, ,._ . 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N If) U •• . .14. 1\1 rii . ; w' a:i iii A yam•;.: .......... gy=p "v;f �1 T"1{{� ..at._ '' C4;«::ii� ! � v�₹:,��� LNG;ms•'': ;'B"a'.[; •i&_,: M z '•1. •`. -, o iEEn,x,I2giiii,,1.i3 5.:f:5 - ..,asp - ,S •it. •.,, :ai;r,,,,,I`•.'₹i a i'c ,.„..„ .. j : = 1l '-Ii RM .1'..,114„,..:,„„ : DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division 918 10'h Street, Greeley, CO 80631 111 Phone: (970) 353-6100, Ext. 3540 • I Fax: (970) 304-6498 COLORADO \,,rj„,-CUL '✓`'� ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ZONING CODE COMPLAINT Staff/Name: ACY&I Vs ACC\Y J.( re Other: d O 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 t� Date Complaint was received: ?Lka\ pc Pending Case#(i.e.USR,RE, SE, ect...): (� Legal Description: A.C* \10 C \��c5E-- A(.P)vari AfilamLlarcel#:‘1-1/40 \—\ 'Dc'Z) Violation Address: A% LA l (NcoUcs Property Owners Name: 1.�(�..'1 1Q'�`t^exr\I'p -ThPhone: V—I?( �^ ,, v 'ftk U �-ll� nn3i Property Owners Address: � C \ \ `c'v R �'�� CO C{ -� r Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: V.likk MI VC-1j(l N 14( f \JQ a1V( VD et \--61`N t \ - ln,, Additional Notes: \\\: \\\\\\\\\\,„::\ks- Nas-sx‘,41>c \\: Spun" ,:\s\1/4 sisminin En, Irmo■ Ilka 1 II � � III � � � IIIItrio 111-.1 Illy t j 3nnoavO a i FAL EC II i" ire am 111 cbcp tlN031 o tlN031 os N4‘41 { • .1 + J`F • �. 4� • . ciii - • • as • a II �• •' •I i — r i y ,r.. 4 .• . , , ,• + < • �` •4- i ,, ;,, , i •- %r ^ ; • plif , 1 l • tI 1 I' t. ; i ,. 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