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Home My WebLink About20072541.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0700109 AGAINST EDWIN AND HELEN BEARD 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, Edwin and Helen Beard, VI #0700109, 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 10th day of July, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation,at which time this matter was continued to August 14, 2007, to allow adequate time for the property owners to be notified of the violation hearing date. 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, Edwin and Helen Beard 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 refer this case back to the Department of Planning Services to allow staff to work with the property owners on all issues to bring this case into compliance. WHEREAS, the Board of County Commissioners deems it advisable to refer said violation back to the Department of Planning Services, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that VI#0700109 be,and hereby is,referred back to the Department of Planning Services to allow staff to work with the property owners on all issues to bring said property into compliance. 2007-2541 PL0824 Cr '. PL , Vial os-1,a4 VIOLATIONS - VI #0700109 - EDWIN AND HELEN BEARD 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 OUNTY, COLORADO "crsccf ATTEST: t`'2> david E. Long, Chair Weld County Clerk to the ® ��• , f XCUSED tNi William 2Jer e ro-Tem BY: CL6 �, �� De ty Cle to the Board l Willia m F. Garcia APPVED AS EXCUSED / Robert D. Masden ount"y Attorney CAt—crIAZC)4Nock D'buglas ademach r Date of signature: bI9°107 2007-2541 PL0824 Violation Summary Report BASIC INFORMATION Owner Owner Address City State Zip BEARD EDWIN & HELEN 4402 CORONADO ST GREELEY. CO 80634 Tenant: Compliance Officer: Ann Siron Violation Number: VI-0700109 Situs Address: 4402 CORONADO ST Legal: 1WHP15-6 L6 BLK15 WEST HILL-N-PARK 1ST FILING 1ST REPLAT Location: 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 1/2 mile west of Evans city limits and primarily residential uses West Evans city limits and primarily residential uses Parcel Number: 095926314001-R2659286 Acreage: 0.19 Certified Mail Date: 05/30/2007 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.A Intent. 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. 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. REMEDY THE NONCOMMERCIAL JUNKYARD CONSISTING OF SEVERAL DERELICT VEHICLES SHP BE RESTORED OR REMOVED FROM THE PROPERTY. 2007-2541 Violation Summary Report RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. LETTER HISTORY 04/09/2007 Complaint Validated 04/10/2007 LTTR: 5 Day Letter 04/10/2007 LTTR: Violation Notice 05/30/2007 LTTR: Hearing Notification OTHER CASE HISTORY 04/09/2007 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: SEVERAL DERELICT VEHICLES, RV'S, TRAILERS AND MISC. DEBRIS. Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: FIVE DERELICT VEHICLES. Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: DERELICT RV, WHITE CAR AND WHITE TRUCK. Weld County Department of Planning Services InBIC Inspection Report COLORADO 918 10`"St Greeley, CO 80631 Date of Inspection: Permit/Case No.:_Vl Property Owner Name: t. / Address: t (I ( ; . Upon a(visual)(on-site)inspection of the property listed above, the following items were noted: i l f[V 1-A Inspection by: t Contact Name: Lit , ‘ ; Contact Phone Number:970-353-6100,Ext. 3555 or Ext_3566 Copy of this inspection was_ O f,ett nn cite ❑M i1 Pictures taken during inspection: 0yes o Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION vj 1. Property Owner: Ewind & Helen Beard " Y C Violation: VI-0700109 Situs Address: 4402 Coronado St, Greeley, CO 80634 Legal: Lot 6, Block 15, West Hill-N-Park, 1st Filing, 1St Replat, Weld County, Colorado Location: East of and adjacent to 47th Ave and North of and adjacent to 49th St North: Evans City Limits and primarily residential uses South: Evans City Limits and primarily residential uses East: Approximately V2 mile west of Evans city limits and primarily residential uses West: Evans City Limits and primarily residential uses. Parcel Number: 0959-26-3-14-001 Acreage: .19 +/- Acres Certified mail date: May 30, 2007 Received: Currently the property is in violation of Chapter 23, Article 111(3), Division 2 of Sections 23-3-150, 23-3- 250.B and 23-3-250.C of the Weld County Code. REMEDY To bring the property into compliance the "Noncommercial Junkyard" consisting of several derelict vehicles 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. CASE HISTORY April 9, 2007 Initial complaint received. April 9, 2007 Initial inspection completed. Spoke with tenant on-site April 10, 2007 5-day notice issued. April 16, 2007 Violation letter issued. May 29, 2007 Property inspected. Property remains in violation. May 30, 2007 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. DEPARTM' OF PLANNING SERVICES 6 North Office Code Compliance Division 918 10`h Street, Greeley, CO 80631 O.0 WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us Phone (970) 353-6100, Ext. 3566 WI C Fax (970) 304-6498 Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 May 30, 2007 Edwin & Helen Beard 4402 Coronado St Greeley, CO 80634 Subject: VI-0700109,. Lot 6, Block 15,West Hill-N-Park, 1st Filing, 1st Replat,Weld County, Colorado Dear Mr. & Mrs. Beard: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on July 10, 2007 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 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 the property into compliance: The"Noncommercial Junkyard"consisting of several derelict vehicles shall be restored or removed from the property. 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. 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 42 202 to 42-2-227, C.R.S. This definition E"-lI not include implements of husbandr, arm tractors or vehicles customarily operatt a FARMING operation. 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 Siron Zoning Compliance Officer pc: VI-0700109 Department of Planning Services Bruce Barker, County Attorney a f41, (rig Weld County Department of ape. Planning Services o Inspection Report COLORADO 918 10° St Greeley, CO 80631 Date of Inspection: Permit/Case No.: I - Property Owner Name: , Address: Upon a(visual)(on-site) inspection of the property listed above,the following items were noted: u f Inspection by: Contact Name: Contact Phone Number: 970-353-6100, Ext. 3555 or Ext. 3566 Copy of this inspection-waste- ❑Lcfi on Site---13-Maiiedvn-- Pictures taken during inspection: 0 Yes 'O-19-0 DEPARTMENT Or PLANNING SERVICES (to a North Office Code Compliance Division 918 i e: Street, Greeley, CO O.0 0631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us Phone: (970) 353-6100, Ext. 3566 CFax: (970) 304-6498 O 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 16, 2007 Edwin & Helen Beard 4402 Coronado St Greeley, CO 80634 Subject: VI-0700109, Lot 6, Block 15, West Hill-N-Park, 1st Filing, 1st Replat, Weld County, Colorado Dear Mr. & Mrs. Beard: 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 III, 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 "Noncommercial Junkyard" consisting of several derelict vehicles, RV's, trailers and miscellaneous debris shall be restored or removed from the property. 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. 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 42-12-1( .R.S., and/or the number plate assigned ._ 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. 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. 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 16, 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, / (4/7 /(l "re-(/' Ann Siron Zoning Compliance Officer pc: VI-0700109 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES 4 North Office Code Compliance Division 918 1 Street, Greeley, CO 80631 Website:e: WWW.CO.WELD.CO.UO.US E-mail Address: asiron@co.weld.co.us ' Phone: (970) 353-6100, Ext. 3566 WI D 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 April 10, 2007 Edwin & Helen Beard 4402 Coronado St Greeley, CO 80634 Subject: VI-0700109, Lot 6, Block 15, West Hill-N-Park, 1st Filing, 1st Replat, Weld County, Colorado Dear Mr. & Mrs. Beard: 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 a "Noncommercial Junkyard" consisting of several derelict vehicles, Rv's, trailers and miscellaneous debris. 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, &/.604 Ann Siron Zoning Compliance Officer pc: Vl-0700109 Department of Planning Services SERVICE,TEAMWORK.INTEGRITY.QUALITY /1 Weld County Department of Planning Services WI`IDC Inspection Report COLORADO 918 10th St Greeley, CO 80631 Date of Inspection: - ' Permit/Case No.: I — , Property Owner Name: Address: Upon a(visual)(on-site)inspection of the property listed above, the following iter were noted: i- / Inspection by: " - Contact Name: Contact Phone Number: 970-353-6100, Ext. 3555 or Ext. 3566 Copy of this inspection was: El Left on Site B-Ma led on _ Pictures taken during inspection: ❑ Yes LPNo ‘ 'kb' DEPARTMENT OF PLANNING SERVICES C Code Compliance Division 91 8 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS / Complaint Initiated by: V I'6100 I� ZONING CODE COMPLAINT O Staff/Name: ❑ Citizen ❑ Other: D HEALTH DEPARTMENT Citizen's Name(If known) ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): D BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST& WEEDS / q Date Complaint was received: Pending Case#(i.e. USS/RU,RE, SE, ect...): _/ ) ' / / Legal Description: / 2 ( kroDQdO Sf �rCCIPt,/ Par/el#: (N6?-4:242 - ' i`Y irX Violation Address: L(O) talk/6, t.C i(�J�l "/V 2��// ! OF/ !J�-s/) /s%{ 6,O/c' Property Owners Name: F21(.)1.1-7 t l�C.K,C%f( gQU/l Phone: Property Owners Address: Tenant's Name: Phone: Tenant's Address: -�qq /^ �(� NATURE OF COMPLAINT: 6L&,crizit /i okeze V `t (LS f/rt-d-ziA • Additional Notes: Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2659286 Parcel#: 095926314001 Tax Area: 2820 Bordering County: Acres: 0.1903 Township Range Section Quart. Sec. Subdivison NameBlock# Lot# 05 - 66 - 26 - 3 WEST HILL N PARK 1ST FG - 15 - 6 Owners Name &Address: Property Address: BEARD EDWIN O &HELEN L Street: 4402 CORONADO ST City: GREELEY, CO 80634 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description 1WHP15-6 L6 BLK15 WEST HILL-N-PARK 1ST FILING 1ST REPLAT Land Valuation Summay Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Mobile Home 1135 Site Land Subtotal: $30,000 $2,390 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0959... 04/10/2007 & . . . . . � :, 2 L L y » | . [ La . 2 0 . . / 2 e k \ L ti | R .2 /iv $ / / | � 8 § \ � | t f 6 7 �1E L | • � > \ • Is k J \ J 40/ ( > e / U Lo 2 % § ! N § X e a- o $ 3 2 C oEo © « 3 t $/ = ... ... .. .. . . .. .... . . . . . ... . . | ! | 4. \ -J F k C q $ E lit { \ 0 / f 2 � | u BEi 2 - E | 7 / t \ / E | 7 a ..§ L _ 2 k @ �� % = S . - aIn — Cr" _ - ' k .�. . = t 3 = W" _ co ) t-1.3 Z Li E \ ® % E dir .( tu 'ti» - \ 0 | i .. ItS a_Q. 0 / J J 7 $ / z ' AR2127592 B 1182 REC 02127592 01/11/88 10:34 $3.00 1/001 F 1388 MARY ANN FEOER5TEIN CLERK & RECORDER WELD CO, CO WEST HILL-N-PARK,INC. State umentary Fee Dote///9,PX a corporation duly organized and existing under and by virtue of $ 50 the laws of the State of Colorado whose address is P O BOX 929, County of WELD ,and State of COLORADO ,for the consideration of TEN DOLLARS AND NO/100 dollars, in hand paid,hereby sell(s)and convey(s) to EDWIN O. BEARD AND HELEN L. BEARD whose address is 4402 Coronado Street ,County of WELD ,and State of COLORADO ,the following real property in the County of WELD ,and State of Colorado,to-wit: LOT SIX (6) , BLOCK FIFTEEN (15) , FIRST REPLAT OF WEST HILL-N-PARK FIRST FILING, A subdivision located in the Southwest one-quarter (SW1) of Section 26, Township 5 North, Range 66 West of the Sixth Principal Meriden, Weld County, Colorado. with all its appurtenances,and warrant(s) the title to the same,subject to 1979 taxes payable in 1980; and any easements, rights-of-way, and protective covenants and restrictions now of record, and the assessments of the Hill-N-Park Sanitation District for 1980. Signed this fifth day of December ,19 79. John L. Shupe Slattery. Ro L nd a 1 President STATE OF COLORADO, County of lree. J The foregoing instrument was acknowledged before me this 5th day of➢ecember, 19 79 ,by Roy Lundvall as the President and i",. John L. Shupe as the Secretary of = WEST HILL-N-PAR.C,INC. ,acorporation. . U 7J IY i,,, ry w V]>, b ❑ My C ..,ton r�A'j * W commission expires 4,0„,• l c`,dam' ,, , O O• ,�}, ' Witness my hand and official seat Ns.8970. WARBANZT DEED- 1M M Pe,m ICnonaevl. U,,, Hello