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Home My WebLink About20072542.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0700081 AGAINST JOSE AND LUZ MARIA VILLALOBOS 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, Jose and Luz Maria Villalobos, VI #0700081, 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 14th day of August, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS,Jose and Luz Maria Villalobos were 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 deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Jose and Luz Maria Villalobos 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. 2007-2542 PL082 OO Pt , VroL 014 07 VIOLATIONS - VI #0700081 - JOSE AND LUZ MARIA VILLALOBOS PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 14th day of August, A.D., 2007. BOARD OF COUNTY COMMISSIONERS W COUNTY, COLORADO ATTEST: g / <o- David E. Long, Chair 1 / Weld County Clerk to the IJ/ 1 w , . EXCUSED Cis •' Wi�ia /Jerk er o-Ten BY: /nom De ty CI ,rac to the Boa William F. Garcia APP . D AS EXCUSED Robert D. Masden G ounty ttorney Douglas(Rademache Date of signature: q 190107 2007-2542 PL0824 Violation Summary Report BASIC INFORMATION Owner Owner Address City State Zip VILLALOBOS JOSE & LUZ MARIA PO BOX 408 GILCREST, CO 80623 Tenant: Compliance Officer: Ann Siron Violation Number: VI-0700081 Situs Address: 20089 SOUTHGATE AV Legal: SG1-4 L4 BLK1 SOUTHGATE SUB SITUS: 20089 SOUTHGATE AV WELD 80645 Location: Location East of and adjacent to Hwy 85 and North of and adjacent to CR 42 in the sudivision of Southgate North Agriculture South Agriculture and Town of Gilcrest East Agriculture West Agriculture and Town of Gilcrest Parcel Number: 105722003013-R4414786 Acreage: 0.12 Certified Mail Date: 07/11/2007 Currently the property is in violation of Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.B Uses Allowed by Right 23-3-150.C. Accessory Uses. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-20; 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. REMEDY THE CHICKENS SHALL BE REMOVED FROM THE PROPERTY AND A LETTER SHALL BE SUBMITTED TO THE DEPARTMENT OF PLANNNING SERVICES STATING WHEN THIS HA: BEEN DONE. ADDITIONALLY, AT LEAST ONE DERELICT VEHICLE WAS NOTED DURING AN INSPECTIC CONDUCTED ON JULY 11, 2007. THE VEHICLE SHALL BE RESTORED OR REMOVED FROM THE PROPERTY. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. LETTER HISTORY 03/16/2007 Complaint Validated 03/22/2007 LTTR: 5 Day Letter 2007-2542 Violation Summary Report 04/12/2007 LTTR: Violation Notice 07/11/2007 LTTR: Hearing Notification OTHER CASE HISTORY 07/11/2007 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: CHICKENS IN COOP IN BACKYARD, DERELICT VEHICLE. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. .ignature item 4 if Restricted Delivery is desired. �1,, t ✓ ■ Print your name and address on the reverse ' ne.e/ /lilt 0) C so that we can return the card to you. : Reni ed by((toted Name) C. Dal • Attach this card to the back of the mailpiece, `' 'I ',,_( '-1 or on the front if space permits. ��nu Y I u-iC)X� I •o 1. Article Add sari to: D. Is delivery address different from Item 1? C If YES,enter delivery address below: [ Jose I�atfl a�Q U,/id ut.��r..• t,, �I<;r,ri;r Li�partmen! Fa % y ro �a��3 1r !0 1 C.J , (liice Type .. p.„s ra4 �I Express Mail i ��'7 Return Receipt for t O Insured Mall _.O-+C.0A: 4. Restricted Delivery?(EkhaFee) C 2. Article Number (Transfer from service Iebeq 7005 116 0 00 01 4538 1752 PS Form 3811,February 2004 Ddrhestic Return Receipt 102t U.S. Postal Service,. rD CERTIFIED MAIL ., RECEIPT M1 (Domestic Mail Only;No Insurance Coverage Provided) rR F r.alive ry inf rmati•n visit.ur we•site at www.us•s.c•mrr lO m m Postage $ r l Certified Fee O OO RsemeReceiptFee Postmark (Endorsement R Required) Here Restricted Delivery Fee `D (Endorsement Requi F rR r4 Total Postage&Fees $ uT ent To O S I �.1%._ Z.. 4'r,_s_U/4L5 M1 Street,Ap,No.; �y ._ or PO Box No. x' k G City,State,ZIP+4 >-" `Y PS'F.rm3ni.dune trip See Reverse f.rinstructi.ns. DEPARTMENT OF PLANNING SERVICES {} Compliance Division NORTH OFFICE K 9181 Street Greeley, CO 80 ' 31 Email Address: asiron@co.weld.co.us Phone Number: 970-353-6100 x3566 Fax Number: 970-304-6498 SOUTHWEST OFFICE • 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 July 11, 2007 VILLALOBOS JOSE & LUZ MARIA PO BOX 408 GILCREST, CO 80623 Violation Number: VI-0700081 Legal Description: SG1-4 L4 BLK1 SOUTHGATE SUB SITUS: 20089 SOUTHGATE AV WELD 80645 Dear VILLALOBOS JOSE & LUZ MARIA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 08/14/2007 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 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. To bring your property into compliance with the Weld County Code: THE CHICKENS SHALL BE REMOVED FROM THE PROPERTY AND A LETTER SHALL BE SUBMITTED TO THE DEPARTMENT OF PLANNNING SERVICES STATING WHEN THIS HAS BEEN DONE. ADDITIONALLY, AT LEAST ONE DERELICT VEHICLE WAS NOTED DURING AN INSPECTION CONDUCTED ON JULY 11, 2007. THE VEHICLE SHALL BE RESTORED OF REMOVED FROM THE PROPERTY. • DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 9181 Street Greeley, COO 80631iron@co.weld.co.us VIIDC Ctriajqlj;\\ Email Address: asiron@co.weld.co.us Number: 970-353-6100 x3566 Fax Number: 970-304-649 SOUTHWEST OFFICE8 A C. 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720)652-4210, Ext 8730 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 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. Sincerely, 26-/711-0---0 Ann Siron Zoning Compliance Officer pc: VI-0700081 Department of Planning Services Bruce Barker, County Attorney riCt% Weld County Department of WIIk Inspection tio Report Report OO pgpDp 918 10'" St '!- Greeley,CO 80631 C1 t Date of Inspection: 1 j I 6'' 1 Permit/Case No.: V t ' It('( C Cl Property Owner Name: '�i i /it, 1<, r Address: ,2C.J // Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: • I • r1 t •--( Inspection by: i Contact Name: 1 7/, r l ii r Contact Phone Number: 970-353-6100,Ext.3555 or Ext.3.566 Copy of this inspection_i was:._D. a on: Pictures taken during inspection: ❑ Yes ❑'No DEPARTMENT Or PLANNING SERVICES (to North Office i Code Compliance Division 918 1 e: Street, Greeley, CO O.0 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us I Phone: (970) 353-6100, Ext. 3566 C. 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 April 12, 2007 Jose & Luz Maria Villalobos PO Box 408 Gilcrest, CO 80623 Subject: VI-0700081, Lot 4, Block 1, Southgate Subdivision, Weld County, Colorado Dear Mr. & Mrs. Villalobos: 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: Chickens are defined as livestock according to the Weld County Code and unfortunately,there are no provisions for livestock to be kept on property in an R-5 zone district. The chickens shall be removed from the property and letter shall be submitted to the Department of Planning Services stating when this has been done. This case cannot be closed until the letter has been received from our office and a final inspection is conducted. 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 April 12, 2007, 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, Ann Siron Zoning Compliance Officer pc: VI-0700081 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK.INTEGRITY,QUALITY DEPARTMtNT OF PLANNING SERVICES t' North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 Website:e: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us ' 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 March 21, 2007 Jose & Luz Maria Villalobos PO Box 408 Gilcrest, CO 80623 Subject: VI-0700081, Lot 4, Block 1, Southgate Subdivision, Weld County, Colorado Mr. & Mrs. Villalobos: 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 livestock (chickens) in an R-5 Zone district which unfortunately is a use not allowed according to the Weld County Code. 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. Sincer Ann Siron Zoning Compliance Officer pc: VI-0700081 Department of Planning Services SERVICE.TEAMWORK,INTEGRITY,QUALITY r DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10'" Street, Greeley, CO 80631 C Phone: (970) 353-6100, Ext. 3540 Fax: .(970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS I Complaint Initiated by: J -07f is l ? ZONING CODE COMPLAINT O Staff/Name: Citizen ❑ Other: C HEALTH DEPARTMENT Citizen's Name(If(mown): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS /PEST&WEEDS ^.Y Date Complaint was received: 3 M e0l Pending Case#(i.e. USR, RE, SE, ect...): J /�� • Legal Description: LU, ej �U7(1 a SL/). Parcel #: /7)67-V 'O -O -01 3 t � Violation Address: ;CO gq 01.1 oc* L rU-e Property Owners Name: c lic? LL4-Z (nor G�/ l/6/ /�S Phone: " 7 -Property Owners Address: Po O l (.)t I cr(C-!{ ( 0 $Q/fig Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: qU r S L%) 9' • Additional Notes: Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4414786 Parcel#: 105722003013 Tax Area: 0138 Bordering County: Acres: 0.1286 ,t O1.0OOag TownshJ Range Section Quart. Sec. Subdivison Name Block# Lot# 04 - 66 - 22 - 0 SOUTHGATE - 1 - 4 Owners Name &Address: Property Address: VILLALOBOS JOSE S &LUZ MARIA Street: 20089 SOUTHGATE AV WELD PO BOX 408 City: WELD GILCREST, CO 80623 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 3/19/2001 $23,000 QC 2848890 Legal Description 501-4 L4 BLK1 SOUTHGATE SUB SITUS: 20089 SOUTHGATE AV WELD 80645 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Mobile Home 1135 Site Land Subtotal: $23,000 $1,830 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=105 7... 03/21/2007 1.--.6(---1 .i.i . . 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