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HomeMy WebLinkAbout20070074.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST VIRGINIA SAND 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,Virginia Sand, VI#0600346, 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 9th day of January, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Virginia Sand was not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, 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 February 9, 2007, to allow adequate time for the property owner to remove the remaining tires and skirting from the property 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 #0600346 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Virginia Sand 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 February 9, 2007,to allow adequate time for the property owner to remove the remaining tires and skirting from the property to bring the subject property into compliance. 2007-0074 PL0824 (�0 ', Pt/ Ur or_ et -as-02 VIOLATIONS - VI #0600346 -VIRGINIA SAND PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D., 2007. BOA D OF COUNTY COMMISSIONERS WELD •'UNTY, LORADO ATTEST: i�� � �� �C° IL® et �_ 7 .p�: id E. Long, Chair Weld County Clerk to the Bo�061 (. ..9, iam BY: C r 2arla Deputy Clerk to the Board W Willi m Garcia (� APPR AS TO • Robert D. Masden C tt ney la Ra cher Date of signature: 1/24//C' 2007-0074 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Virginia Sand Violation: VI-0600346 Situs Address: 3610 Yosemite Dr, Greeley, CO 80634 Mailing Address: 4430 Carlsbad Dr, Greeley, CO 80634 Legal: Lot 2, Block 6, Hill-N-Park, Weld County, Colorado Location: East of and adjacent to 47th Ave and North of and adjacent to 49th Street North: Evans city limits and primarily residential uses South: Evans city limits and primarily residential uses East: Approximately%mile west of Evans city limits and primarily residential uses West: Evans city limits and primarily residential uses Parcel Number: 0959-26-3-02-002 Certified mail date: November 29, 2006 Received: January 3, 2007 Currently the property is in violation of Chapter 23, Article 111(3), Division 2 of Sections 23-3-150, 23-3- 150.6 and 23-3-150.C of the Weld County Code. REMEDY To bring the property into compliance the small stack of tires and skirting shall be removed from the property. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office but delay legal action for 30 days. CASE HISTORY July 21, 2006 Initial complaint received. July 31, 2006 Initial inspection completed. August 21, 2006 Five day compliance encouragement letter issued. August 28, 2006 Violation letter issued. November 16, 2006 Property inspected. Property remains in violation. November 29, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2007-0074 ( DEPARTI, aT OF PLANNING SERVICES North Office Code Compliance Division 918 10`h Street, Greeley, CO 80631 WWW.CO.WELD.CO.US I C E-mail Address: asiron@co.weld.co.us Phone (970)353-6100, Ext 3566 30 Fax (970) 304-6498 O e Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 November 29, 2006 Virginia Sand 4430 Carlsbad Greeley, CO 80634 Subject: VI-0600346, Lot 2, Block 6, Hill-N-Park, Weld County, Colorado Dear Mrs. Sand: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 9,2006 at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article Ill, Div 2 "Residential Zone District" Section 23-3-150 "R-5 (Mobile Home Residential)Zone District" Section 23-3-150.B "Uses Allowed by Right" Section 23-3-150.C "Accessory Uses" To bring the property into compliance: During an inspection conducted on November 16,2006 it was noted that a small pile of skirting was in the corner or the back yard and a small stack of tires on the side of the house. Once these items are removed I will close this violation. 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. This hearing will take place in our Hearing Room, located at 918 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, Ann iron 31. Zoning Compliance Officer U.S. Postal Service M CERTIFIED MAIL,r., RECEIPT pc: VI-0600346 (Domestic Mail Only;No Insurance Coverage Provided) Department of Planning Services o . • Bruce Barker, County Attorney For•elivery inf•rmati•n visit •ur we•site atwww.ussc m. r. r.� nr a r „?. tttir 4 at !w In Postage $ r--1 Certified Fee O Postmark Return Receipt Fee Here O (Endorsement Required) CI livery Fee .g (E Restricted Required) a NN rR Total Postage&Fees $ tdi Sent To\hr a Ory S`troet,k*No.; ��� orPoBox No. teo cear ccdr Cdy.State Z/P«4 f /t SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. gnatu item 4 If Restricted Delivery is desired. / ❑Agent • Print your name and address on the reverse ` acr/ ❑'Addressee so that we can return the card to you. ec d by(Printed Name) rC. ete-ot Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No Ott snick SandCounty Planning Department 33 cart 0RrfF" OFFICE G,reele.( , CS) Zot-P JAN ' . ice Type ottlYh14; y+u II ❑ rasa d O R IC g ❑ sum Receipt for Mery Wise `/ Insured Mall ❑ .O.01t r 4. Restricted Delivery?( re Fee) l `I]Wdsuh 2. Article Number (Transfer from service label) 1160 0001 4538 0 3 4 PS Form 3811,February 2004 Domestic Return Receipt Z. EKe‘M-1540 ifitCui Weld County Department of Planning Services Inspection Report COLORADO 918 10"' St Greeley, CO 80631 Date of Inspection: - 1( c" �—��'.l Permit/Case No.: V I' Q(IC C-3'4 3'4 Property Owner Name: V t ! d 1,h ;—� :-�s { ;,"ti Address: 12i( n/O ( • 2� /l' i Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: C2_ c:17 >17 /.i7 (,4%.;-lc r r Inspection by: ( 1 v Contact Name: C.11.-4 l 2 6 Contact Phone Number: 970-353-6100, Ext. 3555 or Ext. 3566 Copy of this inspection-was:---Left-on-Site--B-tvfaiied-e _ Pictures taken during inspection: O Yes erNo DEPARTMENT OF rLANNING SERVICES a North Office Code Compliance Division 918 10th e: Street, Greeley, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us Inge Phone: (970)353-6100, Ext. 3566 Fax: (970) 304-6498 Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE August 28, 2006 Virginia Sand 4430 Carlsbad Greeley, CO 80634 Subject: VI-0600346, Lot 2, Block 6, Hill-N-Park, Weld County, Colorado Dear Ms. Sand: 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 2 "Residential Zone Districts" Section 23-3-150 "R-5 (Mobile Home Residential)Zone District" Section 23-3-150.8 "Uses Allowed by Right" Section 23-3-150.C "Accessory Uses" To bring your property into compliance with the Weld County Code: The wood, trash and any other miscellaneous debris shall be removed from the back yard. 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 tot make them unusable in their existing condition. 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 30 (thirty)days from August 28, 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. 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, 4:4000 Ann Siron Zoning Compliance Officer pc: VI-0600346 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY o R�I l\ Weld County Department of I JJJ Planning Services WI`DC Inspection Report COLORADO 918 10`" St Greeley, CO 80631 Date of Inspection: 1 ' 271 " ) r Permit/Case No.: V - (Duty c Property Owner Name: )Lr a-Id /% l e 1 / t. Address: RI<,IC /(,. lot 1-€ Dr Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: ICI ( 2O(/ u c s ( . cP( hi-L! 6c 7/Lie Inspection by: {C) Contact Name: Lie/) 1) , 7/ 7V? Contact Phone Number: 970-353-6100,ext.3555 Copy of this inspection was: are on: Pictures taken during inspection: Yes O No DEPARTMENT OF PLANNING SERVICES (7..stt **%.4‘,H$ ‘:, North Office Code Compliance Division 918 Street, Greeley, CO 80631 Website:ite: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us ID Phone: (970) 353-6100, Ext. 3566 Fax: (970)304-6498 C Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 August 21, 2006 Virginia Sand 4430 Carlsbad Greeley, CO 80634 Subject: VI-0600346, Lot 2, Block 6, Hill-N-Park, Weld County, Colorado Dear Ms. Sand: 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 with the Weld County Code is the presence of wood and miscellaneous debris. I am aware a violation has just been closed that dealt with the front yard; however, there now have been complaints regarding the back yard. 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, (jail(....4A0A) Ann Siron Zoning Compliance Officer pc: VI-0600346 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY f 11‘r( ri Weld County Department of Planning Services Wigc Inspection Report COLORADO 918 lo`„ St Greeley, CO 80631 Date of Inspection: f 1 Permit/CaseNo.: V�1 - llLp(X7`4�P Property Owner Name: A�1 -? 1 C ' _, �2-k Address: `)1/2 i C }� •�j-i I!), Y-- Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: c.Y'rl Inspection by Contact Namef Vit i 1 Contact Phone Number 970-353-6100,Ext. 3555 Copy of this inspection was: ❑Leftor�rSite-"u Maned on: Pictures taken during inspection: 'Yes O No DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 lot Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 • COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS 22'' II/ Complaint Initiated by: V\-QU�+��03` Lo [ZONING CODE COMPLAINT ❑ Staff/Name: Kilt O 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: 1 'a t-O(p Pending Case#(i.e.USR,RE, SE,ect...): ol/{n�1 — —11/O Legal Description: �� Dtt(9 , TII l -� � 1�� Parcel #: Violation Address: 31.1't) At Dr. Property Owners Name: ,)LA. ' aS 1 lka (\�\ Phone: Property Owners Address: 44 C-0 n [� O.Jc Tenant's Name: Phone: Tenant's Address: �^ � NATURE OF COMPLAINT: � in at !yam ay{ cLs • Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2638286 Parcel#: 095926302002 Tax Area: 2825 Bordering County: Acres: 0.1837 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 05 - 66- 26 -3 HILL N PARK- 6- 2 Owners Name&.Address: Property Address: SAND VIRGINIA M Street: 3610 YOSEMITE DR WELD 4430 CARLSBAD DR City: WELD GREELEY, CO 80634 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 4/30/1992 $12,000 02286516 Legal Description HP6-2 L2 BLK6 HILL-N-PARK SUB%3610 YOSEMITE DR% SITUS: 3610 YOSEMITE DR WELD 80634 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Site Land Subtotal: $30,000 $2,390 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $500 $40 Total Property Value $30,500 $2,430 Building Details Account#: R2638286 Parcel#:095926302002 Owners Name&Address: Property Address: SAND VIRGINIA M Street: 3610 YOSEMITE DR WELD 4430 CARLSBAD DR City:WELD GREELEY, CO 80634 Building# Property Type 1 Residential Individual Built As Detail Built As: Detached Garage Year Built: 1981 Exterior: Frame Siding HVAC: None http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=0959... 08/16/2006 Identify Results Page 2 of 2 Interior Finish: Built As SQ Ft 400 # 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 eld/setSgl.asp?cmd=QUERY&DET=PP&pin=0959... 08/16/2006 \)k-c 000MQ a r:, Q m , @ It _ Ir r r Y ® E e/ M k ii Q L. ) c y IT — w 5: ;5 k �• .Z IT.. Z 44.. - J: ,. n CC '19 Lt . 4 1;••j• - - n — .En x a:n tt. s. 4 +, Z: of �� idl W ., o{p u N : � I I 1 I I I11Iiii . 'AWN-5T r p m p t I t- mil ' i 7AW' cs t .d.,! i + II i iv _Ell ` Z I ` ' i,yh 'ax3 sir'�,:S it 9 Z 5 y I t �A 1 £4 C h I ai 1 +1 y i Ik +4 F I a N , ! rpT,`lw { rfy,.,_}y :§i n..v,rded at B 1334 REC 02266516 05/01/92 15:45 A R2Zg6516 F 1877 NARY ANN FEUERSTEIN CLERK & RECORDER•WELD CO,OCO. WARRAA'TY DEED THIS DEED,Made this 30TH day of APRIL,1992 between State DotunanNry Fee RICHARD C.GAZLAY,JR. of the County of WELD and State of COLORADO,grantor, and Das_47/9/9—..< VIRGINIA M.SAND $ /'-20 whose legal address is 4430 CARLSBAD DRIVE, GREELEY,COLORADO 80634 of the County of WELD and State of COLORADO,grantee: WITNESSETH, That the grantor, for and in consideration of the sum of TWELVE THOUSAND AND 00/100ths DOLLARS, ($12,000.00), the receipt and sufficiency of which is hereby actmowledged,has granted,bargained,sold and conveyed,and by these presents does grant, bargain, sell,convey and confirm unto the grantee,his 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: uF. . `Vo Lot 2, � Block 6, HILL-N-PARK, County of Weld,State of Colorado also known by meet and number as 3610 YOSEMITE DRIVE,GRETA EY,COLORADO 80634 TOGETHER with all and singular the hereditament, 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 grantee,his heirs and assigns forever. And the grantor,for himself,his bein and personal representatives,does covenant,grant,bargain and agree to and with the grantee, his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized 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 never, except for taxes for the current year, a Gen but not yet due or payable,easements,restrictions,reservations,covenants 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 grantee,his 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 deed on the date set forth above. STATE OF COLORADO COUNTYa t LI', )u. The foo gding is?wspleyt waspeknowledged before me this 30TH day of APRIL,1992 by RICHARD C.GAZLAY,JR. My Co ))n.expiru()1\?0 9 Wanes n h tad �' seat yrF 0 f- G OHO v7j Nowt Public No.932A.Res.744. WARRANTY DEED(rot Pbwgrapble Remra) M.- ",""""'� HILL-N-PARK EVA NS I ..,111 �� HAP Uibe ■■■■■■■ ■■■■■■■■■ ■■■■t, . • um.. ■■■■■■■■■ ■■■tj‘� 1 . I I E■ SAND, VIRGINIA nits �+ \ in _ ■ VI-0600346 11,*; +•� mss. 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