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HomeMy WebLinkAbout20071672.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JOSEPH AND JOANN VIGIL 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, Joseph and Joann Vigil, VI #0300127, 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 19th day of June, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Joseph and Joann Vigil, property owners, were 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 19, 2007, to allow adequate time for the property owners to completely screen the noncommercial junkyard from all adjacent properties and public rights-of-way, and to sell the remaining trailer 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 #0300127 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Joseph and Joann Vigil 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 19, 2007, to allow adequate time for the property owners to screen the noncommercial junkyard from all adjacent properties and public rights-of-way, and to sell the remaining trailer to bring the subject property into compliance. 2007-1672 PL0824 O(t • et, V/"- 01 D6 O7 VIOLATIONS -VI #0300127 - JOSEPH AND JOANN VIGIL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of June, A.D., 2007. �,� a BOARD OF COUNTY COMMISSIONERS G,,�4 WEL OUNTI', COLORADO ATTEST: ;'s .L \ c\�J� cpS1 +dfi �,'..vid E. Long, Chair Weld County Clerk to the :f 1 �``" 4�q CUSED BY: itdliaCn J P -Tem De. y Clerk the Board �...�►� William F. Garcia APP ED AST EXCUSED Robert D. Masden u ty Attorney ek..14 64 rikcen Q£r ouglas`Rademache# Date of signature: 1/5/0-1 2007-1672 PL0824 Vi _iation Summary RepL . t BASIC INOFORMATION Property Owner: VIGIL JOSEPH &JOANN 17835 FAIR LANE BRIGHTON, CO 80601 Tenant: Compliance Officer: Bethany Salzman Violation Number: VI-0300127 Situs Address: 17835 FAIR LN Legal: SA1-10 L10 BLK1 SUNNY ACRES 17835 FAIR LN WELD 0 Location: Location South of and adjacent to CR 10 and West of and adja North Martin Subdivision & Buffalo Ridge Subdivision South Agriculturally zoned property and Green Acres East Agriculturally zoned properties and Froman Ranchetti West Agriculturally zoned properties and PATCHES Estate. Parcel Number: 147113101005-R6225486 Acreage: 2.51 Certified Mail Date: 05/04/2007 Currently the property is in violation of. 2007-1672 Vi _ iation Summary RepL . t 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 th 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 c this Code. 23-3-40 Uses by special review 23-3-40.O HOME BUSINESS. 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 any regulations controlling subdivision. PUD development proposals shall not be permitted t use the special review permit process to develop. 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. 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< 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 c 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. 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 currentl! registered under the property owner and/or tenants 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-ways. REMEDY The NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, iron/metal and miscellaneous debris shall be removed, restored or completely SCREENED from all adjacent properties and public rights-of-ways. V_ 'ation Summary RepL . t I also noted multiple COMMERCIAL VEHICLES. When situated within a subdivision, you are allowed to apply for a Zoning Permit for 1 (one) Commercial Vehicle. For your convenience, I an inclosing the application with this letter. For more than 1 (one) Commercial Vehicle or to operate a Welding Shop open to the public, you would need to apply for a Use by Special Review application. For this options, please see above Planner On-Call information. RECOMMENDATION The Department of Planning Services recommends that this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 06/12/2003 Complaint Validated 06/17/2003 LTTR: 5 Day Letter 03/15/2004 LTTR: Violation Notice 05/04/2007 LTTR: Hearing Notification OTHER CASE HISTORY 06/12/2003 Property Inspected Upon a visual inspection of the property, the following items were noted: Noncommercial Junkyard consisting of derelict vehicles, wood, metal & miscellaneous debris. 09/26/2003 Property Inspected Upon a visual inspection of the above mentioned property, the following items were noted: trucks = 1, RV truck, hot tub, 2 trailers, debris and wood, shed in back and cars. See pictures dated 09/26/03. 10/14/2003 Phone Call Mr. Joe Vigil (303-857-0247) called. He asked what the violation was in reference too. I explained the derelict vehicles, iron/metal, brick and miscellaneous debris. He said that he had a grey Lincoln and a 52' Ford that he bought as "fixer-uppers". He said that the brick he was using inside his basement and the rest was extra that he was going to make a patio out of the rest; however, now he is trying to raise money to so. He stated that most of the metal/iron out back is going to be utilized to construct a barn. I informed him that he would need a building permit to do so. I told him that I would mail him one. I asked how long it would take him to construct a fence. He said he didn't know. I asked if 90 days would be sufficient time for him to at least get one started. He said yes, that he would shoot for having 2 sides of it up. I told him that we would need to touch base after the 90 days to see where we stand. 03/26/2007 Property Inspected Upon a viusal inspection of the property, the following items were noted: iron/metal, Derelict Vehicles and miscellaneous debris. I also noted at least 1 (one) Commercial Vehicle. 05/01/2007 Property Inspected Upon a visual inspection of the property, the following items were noted: iron/metal and miscellaneous debris. I also noted Commercial Vehicles. Appears to be a Welding Shop. No pictures were taken during this inspection. 05/21/2007 Certified Mail Receipt Received certified receipt signed by a Joann Vigil. C \RTMENT OF PLANNING SERVICES Kt} Compliance Division kfir NORTH OFFICE 918 10th Street Greeley, COC 80631 Email Address: bsalzman@co.weld.co.us iggig C Phone Number: 970-353-6100 x3555 Fax Number: 970-304-6498 SOUTHWEST OFFICE COLORADO.A may 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 May 07, 2007 VIGIL JOSEPH & JOANN 17835 FAIR LANE BRIGHTON, CO 80601 Violation Number: VI-0300127 Legal Description: SA1-10 L10 BLK1 SUNNY ACRES 17835 FAIR LN WELD 0 Dear VIGIL JOSEPH & JOANN: 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. 23-3-40 Uses by special review 23-3-40.O HOME BUSINESS. 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. C ARTMENT OF PLANNING SERVICES { Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 Email Address: bsalzman@co.weld.co.us Phone Number: 970-353-6100 x3555 Fax Number: 970-304-6498 SOUTHWEST OFFICE / /� • 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 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. 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-ofway 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. 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-wa To bring your property into compliance with the Weld County Code: The NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, iron/metal and miscellaneous debris shall be removed, restored or completely SCREENED from all adjacent properties and public rights-of-ways. I also noted multiple COMMERCIAL VEHICLES. When situated within a subdivision, you are allowed to apply for a Zoning Permit for 1 (one) Commercial Vehicle. For your convenience, I am inclosing the application with this letter. For more than 1 (one) Commercial Vehicle or to operate a Welding Shop open to the public, you would need to apply for a Use by Special Review application For this options, please see above for Planner On-Call information. C ARTMENT OF PLANNING SERVICES {� Compliance Division ii- NORTH OFFICE 9181 Street Greeley, CO 80631 IIIDC. Email Address: bsalzman@co.weld.co.us Phone Number: 970-353-6100 x3555 Fax Number: 970-304-6498 OF FICE OFFICE 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, 3i v tlPi.( L\l.'S/rA `c4 , QT�pp ' pp 6 0 g Z Bethany Salzman T DO 0 N D o O Zoning Compliance Officer II Ili t` a pc: VI-0300127 ` r 8 E m i Department of Planning Services -d, ' ' 1 "-I I E 0 1 Bruce Barker, County Attorney z W Y� 6& 0m L N v % m a co y r m m $ m U.S. Postal ServiceTM e t m UI^ y gin o -CERTIFIED MAIL RECEIPT W- �� - m w 2 s. a (Domestic Mail Only;No Insurance Coverage Provided) = - -�'.:. ! 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Inspection Report COLORADO 918 10`° St Greeley, CO 80631 Date of Inspection: -f'iin Permit/CaseNo.: V1-b-ai,UiZ:1 Property Owner Name: \I t C+, i :`SV"a..�1^\ �. 6C.r\(-Nek Address: fl'h 35 c £tY LS Upon a(visual)(GartsiR) inspection of the property listed above,the following items were noted: CIO\w ZCrLiea, V'et AV L4vJ Inspection by: Contact Name: 1 Nicr, Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspection was: Nits '�"IP Pictures taken during inspection: O Yes u No • DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10r" Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman(a)co.weld.co.us PHONE: (970) 353-6100, Ext. 3555 • FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE March 27, 2007 MR. & MRS. JOSEPH VIGIL 17835 FAIR LANE SUNNY ACRES BRIGHTON, CO 80601 Subject: VI-0300127, Lot 10, Block 1, Sunny Acres Subdivision, Weld County, Colorado Dear Mr. & Mrs. Vigil: 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 lll, 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." Section 23-3-40 "Uses by special review." Section 23-3-40.O "Home Business." Section 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 subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." Mr.&Mrs.Vigil Page 2,VI-0300127 To bring your property into compliance with the Weld County Code: In an effort to close out some older violations, I ran across your open case. As a result, I conducted a site inspection. When we last spoke(on October 14, 2003), you indicated that most of the iron/metal was situated on the property for the construction of a barn/shop; however, I during my inspection I noted still a large quantity of iron/metal and miscellaneous debris. I also noted what appears to be a few DERELICT VEHICLES. I also noted at least 1 (one)COMMERCIAL VEHICLE. When situated within the boundaries of a Subdivision, such as Sunny Acres 1 (one)Commercial Vehicle is permissible to apply for a Zoning Permit for a Commercial Vehicle(ZPCV)application. The presence of more than 1 (one) Commercial Vehicle requires a much more intense zoning permitting process(if even applicable). For questions, I suggest you speak to one of our"On-Call"Planners. To better serve the public, we have 2 locations open. Our North office is located at 918 10th Street, Greeley, Colorado. At our North office, an "On-Call" Planner is available, Monday thru Thursday from 7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont,Colorado. At our Southwest office, an"On-Call"Planner is available Monday thru Thursday from 12:30 p.m. - 4:30 p.m. You do not need to schedule an appointment, because individuals are seen on a sign in basis. Fridays are reserved by appointment only. To better serve you, please bring this letter with you. 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 March 27, 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, Bethany SalzmaYi Zoning Compliance Officer II pc: VI-0300127 Department of Planning Services Bruce Barker, County Attorney ZONING PERMIT COMMERCIAL VEHICLE (ZPCV) SUBMITTAL CHECKLIST APPLICATION REQUIREMENTS: One (1)original application form plus (2) two copies. One (1)original drawing plus (2)two copies. A scaled drawing of the property (1"=50') needs to show where the proposed commercial vehicle will be parked on the property. Include distances between the property lot lines and proposed accessory structure and all other existing structures on the property; access to the property (indicate whether it is existing or proposed) ; County, State, or Federal road rights-of-way; amount of road frontages;location and measurements of any easements; and any proposed structures to be located on the property. One (1) Original Weld County Road Access Information Sheet plus one (1) copy. One (1) Original questionnaire plus (2 copies). One (1) copy of deed or legal instrument identifying applicant's interest in the property. Copy of recorded instruments may be obtained from Weld County Clerk and Recorder's Office or a title or abstract company. One(1)copy of affidavit and certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners'of property(the surface estate)within 500 feet of property being considered. This list shall be compiled from the records of the Weld County Assessor, the Weld County Website, www.co.weld.co.us, or a person qualified to do the task, and shall be current as of a date no more than thirty(30)days prior to the date the application is submitted to the Department of Planning Services. Application fee $75.00. $37.50 investigation fee. If there is an associated violation which has been presented to the Board of County Commissioners through the Violation Hearing process, the investigation fee shall be 50% of the fee established by separate action by the Board of County Commissioners for land-use applications shall be assessed. The payment of such investigation fee shall not relieve any persons from fully complying with the requirements of the Weld County Code, nor from any other penalties. One(1)each of the application and scaled drawing shall be collated into two (2) complete application packets and bound with binder clips or paper clips only. The original copies shall be placed in one packet (includes additional items below if applicable).Applications bound in any other fashion than binder or paper clip will be returned to the applicant without review.Additional required information shall be kept separate to be collated by Planning Staff. The Department of Planning Services may request additional information, application packets and/or fees that will aid in the review of the Zoning Permit application. -1- RR fate Weld County Department of Plannone Inspection Services Rep O Inspection Report COLORADO 918 10th St Greeley, CO 80631 Date of Inspection: 3 Z r,�i Permit/Case No.: ;A Property Owner Name: Address: A 7 f Upon a(visual)(}inspection of the property listed above, the following items were noted: Inspection b Ins a P Y� Contact Name: Contact Phone Number: 970-353-6100,Ext. 3555 or Ext 3566 Copy of this inspection was: Pictures taken during inspection: O Yes Itsio a DEPARTMENT OF PLANNING SERVICES C ' Code Compliance Division Website: WWW.CO.WELD.CO.US O E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 • Phone: (970) 353-6100, Ext. 3555 COLORADO Fax: (970) 304-6498 _ WELD COUNTY ZONING VIOLATION NOTICE March 15. 2004 Mr. & Mrs. Joseph Vigil 17835 Fair Lane Sunny Acres Subdivision Brighton, CO 80601 Subject: an Lot 10, Block 1, Sunny Acres Subdivision, Weld County, Colorado Dear Mr. & Mrs. Vigil: 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." To bring your property into compliance with the Weld County Code: The Noncommercial Junkyard consisting of hot tub,wood, concrete, iron/metal, bricks,derelict vehicles and miscellaneous debris shall be removed, restored or screened from all adjacent properties and public rights-of-ways. While it is my understanding that you are in the process of removing all of the above mentioned items, I will be unable to grant additional extensions. 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; 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. Mr.&Mrs.Vigil Page 2,VI-0300127 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 March 15, 2004, 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, c '. Bethany Salzma Zoning Compliance Officer pc: VI-0300127 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US OE-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 • Phone: (970) 353-6100, Ext. 3555 COLORADO Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE October 2, 2003 Mr. & Mrs. Joseph Vigil 17835 Fair Lane Sunny Acres Subdivision Brighton, CO 80601 Subject: VI-0300127, Lot 10, Block 1, Sunny Acres Subdivision, Weld County, Colorado Dear Mr. & Mrs. Vigil: 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." To bring your property into compliance with the Weld County Code: The Noncommercial Junkyard consisting of hot tub,wood, concrete, iron/metal,bricks,derelict vehicles and miscellaneous debris shall be removed, restored or screened from all adjacent properties and public rights-of-ways. 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; 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. Mr.8 Mrs.Vigil Page 2,VI-0300127 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 October 2, 2003, 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, Bethany Salzman Zoning Compliance Officer pc: VI-0300127 Department of Planning Services Bruce Barker, County Attorney O Q MiWeld County Department of Planning Services Inspection Report N.1555 17th Avenue COLORADO ' Greeley, CO 80631 `Date of Inspection: =Q QLP, C% Permit/CaseNo.: O3 - cY%\,D—I Property Owner Name: \j Address: \I Z-) Upon a visual inspection of the property listed above, the following items were noted: t__, \ A t, '- J -) CA 1 U lanncr\ t LL. 1C VAC/ytcti 3nStd .` C\C- n lJ -brut Inspection by: V OnContactName:: k Contact Phone Number: 970-353-6100, Ext. 3540 Copy of this inspection was: Pictures on file: Wes O No (i((te DEPARTMENT OF PLANNING SERVICES will Code Compliance Division _ O Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us • 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 June 17, 2003 Mr. & Mrs. Joseph Vigil 17835 Fair Lane Sunny Acres Subdivision Brighton, CO 80601 Subject: VI-0300127, Lot 10, Block 1, Sunny Acres Subdivision, Weld County, Colorado Dear Mr. & Mrs. Vigil: 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 presence of a"Noncommercial Junkyard"consisting of derelict vehicles, wood, metal and miscellaneous debris. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power);or is partially or totally dismantled; or has all or portions of its body work missing or is substantially damaged; or is not registered with the State of Colorado,as required by Section 42-3-103,CRS,or by Sections 42-3-138 or 42- 12-102,CRS,and/or the number plate assigned to it is not permanently attached to the vehicle,as required by Section 42-3-123, CRS; 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, CRS. 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. 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 underthe property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIALJUNKYARD 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. Mr.8 Mrs.Vigil Page 2,Vl-0300127 Please contact me within five working days of the date of this letter to review these concerns with me. Failure to close this violation or efforts to show progress, will result in a thirty-day violation notice being issued. 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 Salzman Zoning Compliance Officer pc: VI-0300127 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY 71 8et� Weld County Department of Planning Services i' Inspection Report WIMc 1555 N. 17th Avenue COLORADO Greeley, CO 80631 Date of Inspection:ap• 12;O3 Permit/CaseNo.: \ �e'17 Property Owner Name: 6 ,--.) Address: \' Vf Lcmclia. f�f Upon a visual inspection of the property listed above, the following items were noted: l 1 c1' f- Vthiato, k r - Inspection by: cRO ContactNameTe toyen Contact Phone Number: 970-353-6100, Ext. 3540 Copy of this inspection was: O Left on site Mailed on:10-\1-(?) Pictures on file: O Yes YyNo F.;i$Iih ■Mj: ti it1.44i;;;;O'4,144,4t,1I iI�i”7ilt t -- .. F4 I.. 'y { :�i,. it uti 6 t w OP.!,! �ti� su. o_ s i Z (y�i i � r J l �. fi fII t kit ill;t li!* :li:P�it� i(S{3 fyrkO l f� YIi y ,�Ma PUU((( it MMN A ? ?ti alt. 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IIII Hi Z. in N E m O a H : d U $i O t4 "1146 DEPARTMENT OF PLANNING SERVICES Code Compliance Division 111 1555 N. 17th Avenue, Greeley, CO 80631 C �� Phone: (970) 353-6100, Ext. 3540 COLORADO �S;0 Fax: (970) 304-6498 ZONING and/or B I LDING CODE COMPLAINT FORMS Complaint Initiated by: �'" �� ZONING CODE COMPLAINT co Staff/Name: ❑ Cit zen X Other ACYCL) HEALTH DEPARTMENT Citizen's Name(If kno ri) C ern \ p WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): BUILDING CODE COMPLAINT PUBLIC WORKS /PEST& WEEDS Date Complaint was received: Is" 1A-bb ending Case#(i.e. USR, RE, SE, ect...): c , — .egal Description: OJT tO,RA x t 1�1 CES_A to lP ! Puce) Parcel#: `tA'�.•\?1` `'bt•�j iolation Address: I"I% ' }{or LaC t —y roperty Owners Name: II tC 1t 1 Z \b�. '� e & Pc n ?hone: roperty Owners Address: (} 'enant's Name: Phone: • enant's Address: v—et , 1 �_ ^ - IATUREOFCOMPLAINT: Vyam,\ k Li reQ_ 11nd) 1_2ADt,U kklwlt i .1 \ rvulxl t IYCk :omplaint Referred To: Date: 'omplaint Referred To: Date: tdditional Notes: 0.5 Pcv:D AH2475585 BEAfANTY DEED THIS DEED, Made this day of January 31, 1996, between DEBORAH L. GASPER of the County of WELD and State of COLORADO, grantor, and JOSEPH A. VIGIL AND JOANN R. VIGIL whose legal address is 17835 FAIR LANE BRIGHTON, COLORADO 80601 of the County of WELD and State of F' COLORADO, grantees: Dr NITHESSETH, that the grantor, fox and in consideration of the sum of $136,900 D0LLAAS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by theme presents does grant, jtAti bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of RID and State of Colorado, described as follows: LOT 10, BLOCS 1, SUNNY ACRES SUBDIVISION, WELD COONTY, COLORADO 2475585 B-1531 P-439 02/08/96 01:42P PG 1 OP 1 REC DOC Weld County CO Clerk & Recorder 6.00 13.69 also known by street and number as 17835 FAIR LANE BRIGHTON, COLORADO 80601 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 herditanents and appurtenances. TO SAVE AND TO HOW the said premises above bargained and described, with the appurtenances, unto the said grantees, their heirs and assigns forever. And the grantor, for himsel₹, his heirs and persoonalt areprn representatives, f does es covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, enameling and delivery o£ these presents, he is well seised of the premises above conveyed, has good, od, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, power al authority to grant, bargain, sell and convey the same in manner and foram aforesaid, and that the same are free and clear from all former and soave:, EXCEPT FOR bargains, FOR TEE liens, taxes, 1.aLIIEEN SOT NOTTn YET YEThD�OR PAYrestrictions LE, 9AMENTS, RESTRICT kind, Cr nature AND RI RESTRICTIONS, COVENANTS AND RIGRT6-OF-IDLY OF RECORD, IF ANY, The grantor shall and will IMPART AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable ry person or the whole oron anyf the part therreo£.Thetheir singularheirs umbersshall,include the all plural,th the the singular, and lawfully the us claiming any gender shall be applicable to all genders. IN WITNESS WREREOF the grantor has executed this deed on the date set forth above. DEBORAH L. GASPER STATE OF COLORADO Ins. COONtY OF ADAMS I The foregoing instrument was acknowledged before me this day of January 31, 1996 by DEBORAH L. GASPER ,,, Hy Commission expires:/�J i 1 - g1,(/ Witness my hand and official seal. 'Notary ic: 921) Rev 3-05 WARRANTY DEED Ito Joint Tenants) CASES 29163NY DOC PEE $ 13.69 erns brow ■ewe. ow u..■I Buffalo y." [, inellpel i■■■ ■ Ridge Ill ■MI SubdMartin ■ ivis ion IIIN ViigilMN gil ,� NM j;ne ■ •r wiii r*im sr*ftigi)miliiia a ir.. gbhed ...." ar=111 ...,___ fi. r. • • • 1 .. I• •�. )) - • - {, i , f i 44 ...4 • � f J NM 1• I f , • • I ••• • • • � y • s Gp ♦ , • 1 L - ' e f t ; • • I +r a �' • 1 1 r ' t i . L• 0 • • .. `• ' S i « . it . - ••a�1ill , • '..... • 4. _... ... • . ..„ 1, 1 et 2... ..._ , .._...... I._ ..., I. .: it i irfit it; .. . • • li Wils . . 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