HomeMy WebLinkAbout20071666.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on June 19, 2007, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner William H. Jerke, Pro-Tern - EXCUSED
Commissioner William F. Garcia
Commissioner Robert D. Masden - EXCUSED
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Sharon Kahl
County Attorney, Stephanie Arries
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Ann Siron
Building Inspections Department representative, Roger Vigil
Public Health and Environment representative, Trevor Jiricek
The following business was transacted:
I hereby certify that a public hearing was conducted to consider whether to authorize the County
Attorney to proceed with legal action against the individuals named for violations of the Weld
County Zoning Ordinance. Cases were heard as follows:
2007-1680 - PARKER AG SERVICES, LLC/AMEN: Trevor Jiricek, Department of Public Health
and Environment, presented the case report for the record and stated the property is in violation
of Nuisance Conditions as a result of Negligent Management of Chicken Manure of the Weld
County Health Code. Mr. Jiricek stated as a result of a complaint received and an on-site
inspection by staff, Parker Ag Services, LLC,was notified on May 18, 2007, of a nuisance condition
due to stockpiling chicken manure resulting in strong odors and flies. Mr. Jiricek stated staff has
worked with Parker Ag Services in the past and had good responses; however,this condition near
the intersection of Weld County Roads 8 and 45 did not get addressed in a timely manner, and the
condition had continued to worsen. On June 11, 2007, staff received additional complaints, and
the fly problem had worsened and constituted a nuisance condition. Mr. Jiricek stated staff again
contacted Parker Ag and also the tenant farmer, Joe Amen, and was informed that the piles would
be spread immediately.
Kipp Parker, General Manager for Parker Ag Services, stated they have been in this business for
thirty-four (34) years and they have a good record so far, this case was unusual due to weather
conditions this spring, and he feels this is an unacceptable delay in rectifying this situation. Mr.
Parker stated the manure piles have all been spread, and they are working on a plan for the future
so this will not happen again. David Quarles, representative, stated he worked with Joe Amen on
getting insecticide on the piles; however, the first attempt failed and they had to get a bigger
sprayer and use a stronger insecticide. On May 18, 2007, they did start to spray the piles and the
2007-1666
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equipment broke, so that caused the delay. They continued to spray the next week to remedy the
fly condition. Mr. Quarles stated they have never let the manure piles sit that long, they usually
spread the piles every three to four days; however, this year the moisture delayed the spreading.
Mr. Parker stated in the past they have never needed to spray, this is the first time this condition
has arisen, also they have hired an additional employee to handle spraying to remedy any future
problems. Mr. Quarles stated they email a weekly responsibility report on Mondays to Steve
Wiatrowski, the Environmental Specialist for Weld County, informing him of the location and name
of the farmer where all the bio-solids are being stockpiled. Responding to Commissioner Long, Mr.
Quarles stated this problem has been remedied and they do have a set plan to prevent this type
of violation in the future. Ken Bowlers, neighbor, stated he lives to the east of where the manure
is piled, and this year the flies have been unbearable, the piles have grown, and the spraying
helped for only a short period of time. Mr. Bowlers stated they have taken care of the problem, the
piles have been spread and they continue to spray for flies. Mr. Bowlers further stated he would
like to see a commitment from Parker Ag Services that they will spread the piles in a timely
manner, and have insecticide in the manure or spray the same day it is piled. Also, the manure
should be piled in the center of the field to minimize a nuisance in any direction and the piles made
smaller to help with the spraying. Responding to Commissioner Long, Mr. Bowlers stated this
violation has been remedied. Joe Amen, tenant, stated the flies are not a year round issue, just
through May, and he has sprayed the piles. The unusual hot moist weather has been a problem
this year. Mr.Amen stated one pile was placed where the ground was already compacted, and the
second pile was located in the center of the field. Responding to Commissioner Rademacher, Mr.
Amen stated these piles are spread by Parker Ag Services, and are not located close to a
subdivision; however, there are houses located within one-half mile in all directions. Mr. Kipp
stated they try to minimize the compaction to the fields, and will continue to work on spreading and
spraying in a timely manner.
Commissioner Rademacher moved to dismiss the Nuisance Conditions as a result of Negligent
Management of Chicken Manure case against Parker Ag Services, LLC, and Joe Amen due to the
nuisance conditions being remedied. The motion was seconded by Commissioner Garcia, and it
carried unanimously.
VI #0600383 - BODA: Bethany Salzman, Department of Planning Services, presented the case
report for the record and pursuant to the case file, this property is in violation of Sections 23-3-20,
23-3-30, 23-3-30.F and 23-3-30.1 of the Weld County Code. To bring the property into compliance,
the noncommercial junkyard must be restored, removed or screened from all adjacent properties
and public rights-of-way, and the commercial vehicles must be removed. Also, the Permit for the
Mobile Home must be completed or the Mobile Home must be removed from the property. Ms.
Salzman stated the violation was continued from May 8, 2007, to allow adequate time for the
property owners to submit a Building Permit for the Mobile Home and to restore, remove or screen
the noncommercial junkyard. Ms. Salzman stated Arlo Boda contacted staff and faxed a letter
requesting additional time to complete the screening and submit a Building Permit, marked
Exhibit A. Neither the property owners nor a representative was present, and there was no public
testimony given.
Commissioner Garcia moved to refer VI #0600383 against Sherrilyn and Arlo Boda to the County
Attorney for legal action, with the instruction to delay action upon such referral until
Hearing Certification, Zoning Violations
June 19, 2007 2007-1666
Page 2 PL0824
December 19, 2007, to allow adequate time for the property owners to complete the screening of
the property and until August 19, 2007, days to submit a Building Permit for the Mobile Home. The
motion was seconded by Commissioner Rademacher, and it carried unanimously.
VI#0600516-ENRIQUEZ:Ann Siron, Department of Planning Services, presented the case report
for the record and pursuant to the case, this property is in violation of Sections 23-3-150,
23-3-150.B and 23-3-150.C of the Weld County Code. To bring the property into compliance, the
noncommercial junkyard must be restored, removed or screened from all adjacent properties and
public rights-of-way. Ms. Siron stated the violation was continued from May 8, 2007, to allow
adequate time for the property owners to be notified of the violation hearing date. Virginia
Martinez, property owner's daughter, stated they now have obtained registrations and proof of
insurance for the vehicles located on the site, and Fidelia Enriquez is in the process of selling the
trailer. Ms. Martinez stated sixty (60) days would be adequate time to complete the work needed
to bring the property into compliance.
Commissioner Rademacher moved to refer VI #0600516 against Leonel and Fidelia Enriquez to
the County Attorney for legal action, with the instruction to delay action upon such referral until
August 19, 2007, to allow adequate time for the property owners to restore, remove or screen the
noncommercial junkyard from all adjacent properties and public rights-of-way. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
VI #0700121 - JACKSON LAKE MOTEL, LLC/JACKSON: Peggy Gregory, Department of
Planning Services, presented the case report for the record and pursuant to the case file, this
property is in violation of Section 29-8-40 of the Weld County Code. To bring the property into
compliance, all inspections must be completed and a Certificate of Occupancy issued on the permit
for the Roggen Motel. Ms. Gregory stated this building permit was obtained in 2004, and there are
numerous inspections that need to be completed and issues to be resolved. Roger Vigil,
Department of Building Inspections, stated this permit was issued for the repair of the motel after
an explosion from a propane leak. The building permit was to demolish a unit that was destroyed,
and has now expired. There have been no inspections since June 5, 2007, there were numerous
corrections on this site still noted from March 22, 2006, and there has been no progress. Mr.Vigil
stated one of the issues regarding this case is that space heaters are being used due to a prior
agreement with a building official that is no longer with Weld County, and the building code has
since changed, so the portable space heaters are not in compliance. These will need to be
hard-wired space heaters or piped-for-gas appliances. Mr.Vigil stated he has not had contact with
the property owners, and responding to Commissioner Long, stated there are people living there.
Mr. Vigil stated it may not be used as a hotel right now; however, people may be renting units. Mr.
Vigil is recommending that these permits be expired, and the corrections enforced under present
Code be applied to the new permits submitted. Neither the property owners nor a representative
was present, and there was no public testimony given.
Commissioner Garcia moved to refer VI #0700121 against Jackson Lake Motel, LLC, and Tyrone
Jackson to the County Attorney for immediate legal action to submit new building permits reflecting
the current Building Codes regarding the space heaters for the health and safety of the occupants
residing at this location. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
Hearing Certification, Zoning Violations
June 19, 2007 2007-1666
Page 3 PL0824
VI #0700066 - DUVALL: Ms. Salzman presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld
County Code. To bring the property into compliance, the noncommercial junkyard must be
restored, removed or screened from all adjacent properties and public rights-of-way. Ms. Salzman
requested this case be continued to August 14, 2007, to allow staff adequate time to notify the
property owner of the violation hearing date. Neither the property owner nor a representative was
present, and there was no public testimony given.
Commissioner Rademacher moved to continue VI #0700066 against Dominic Duvall until
August 14, 2007, to allow adequate time for the property owner to be notified of the violation
hearing date. The motion was seconded by Commissioner Garica, and it carried unanimously.
VI #0300127 -VIGIL: Ms. Salzman presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-30.M, 23-3-40,
23-3-40.O and 23-3-40.R of the Weld County Code. To bring the property into compliance, the
noncommercial junkyard must be restored, removed or screened from all adjacent properties and
public rights-of-way, the commercial vehicles must be removed or a Use by Special Review
application must be submitted for multiple vehicles or to operate a welding shop open to the public,
or a Zoning Permit application must be submitted to allow one (1)commercial vehicle. Joseph and
Joann Vigil, property owners, stated there is a portable welder on-site that he is using to construct
a pipe fence to surround the property and this is for personal use only. Also, the equipment is for
personal use only, and the trailer is being sold this weekend. The metal and piping is being used
to construct the fence, and will be gone when this project is completed.
Commissioner Rademacher moved to refer VI #0300127 against Joseph and Joann Vigil to the
County Attorney for legal action, with the instruction to delay action upon such referral until
September 19, 2007, to allow adequate time for the property owners to complete the fencing
around the property, and to sell the remaining trailer. The motion was seconded by Commissioner
Garcia, and it carried unanimously.
VI #0600495 -ALLEN: Ms. Salzman presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County
Code. To bring the property into compliance, the noncommercial junkyard must be restored,
removed or screened from all adjacent properties and public rights-of-way. Ms. Salzman stated
there has been sufficient progress and is requesting an additional thirty (30) days for the property
owners to complete all the work needed. Lois Allen, property owner, stated her husband and son
race cars at Fort Morgan so the cars are for that, and the log splitter is broken at this time, so the
wood cannot be split and stacked until they can get that fixed. Ms. Allen stated the wood is
dropped off by people that have cut down trees, then they split and stack it. Responding to
Commissioner Rademacher, Ms. Allen stated the wood is for personal use, they do not sell it.
Responding to Commissioner Long, Ms. Salzman stated the wood is the only issue left, the
vehicles are in compliance.
Commissioner Rademacher moved to dismiss VI #0600495 against Bruce and Lois Allen due to
the violations being brought into compliance, and the wood being used for heat and allowed under
the zoning in this area. The motion was seconded by Commissioner Garcia, and it carried
unanimously.
Hearing Certification, Zoning Violations
June 19, 2007 2007-1666
Page 4 PL0824
VI#0700099 -ARDEN: Ms. Salzman presented the case report for the record and pursuant to the
case file, this property is in violation of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County
Code. To bring the property into compliance, the noncommercial junkyard must be restored,
removed or screened from all adjacent properties and public rights-of-way. Ms. Salzman stated
Edith Arden contacted staff and was going to fax a request for additional time; however, this was
not received and the property owners have made no attempt to contact staff or to comply with the
violations noted. Neither the property owners nor a representative was present, and there was no
public testimony given.
Commissioner Garcia moved to refer VI #0700099 against Lloyd and Edith Arden to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Rademacher,
and it carried unanimously.
VI#0200521 -MARTINDALE:Ms. Salzman presented the case report for the record and pursuant
to the case file, this property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.F and 23-3-30.1
of the Weld County Code. To bring the property into compliance, the noncommercial junkyard
must be restored, removed or screened from all adjacent properties and public rights-of-way, and
the mobile home must be removed. Ron Martindale, property owner, stated the developer of the
third filling of Aristocrat Rancettes was going to screen the front and back of the property, which
he has not done. Mr. Martindale stated he is handicapped and his wife requires constant care, and
he has no one to help with the clean up of his property. This spring he tried to clean up weeds, and
tried to raise his fence to keep the weeds from blowing in, he has removed one car, 250 blocks,
an aluminum building, and two flatbed trailers. He stated he has one flatbed trailer to finish
building, iron to be hauled, clean up a shed that blew down, repair a fence where the County tore
down, a sprinkler system that needs to be replaced that the County tore up, and replace the
concrete slab for trash cans. The building materials are for a shed and a crawl space entrance for
the back of his house. There is an old motor home with a generator that he is wanting to salvage
to use for power when the electricity goes out. The mobile home is for storage and he was
intending to build a garage; however, he has invested too much time trying to repair the damages
done from the County to even get started on these projects. Ms. Salzman stated the County
allowed the Mr. Martindale to move onto the site before the roads were complete, with the
understanding that the landscape and build up would change when the subdivision was completed.
Mr. Martindale stated he was going to screen the mobile home and keep it for storage.
Commissioner Rademacher suggested Mr. and Mrs. Martindale contact some groups or
organizations that may be able to help with the clean up, such as FFA, Boy Scouts or church
groups that do community service. Ms. Salzman stated screening the mobile home will not remedy
the violation, it must be removed. Mobile homes are not permitted as storage units, and there are
some in that area that are grandfathered, or some that have permits that are keep current. Mr.
Martindale stated he is on a fixed income and cannot afford to place items in a storage unit, and
is buying repair material as he can afford it on a monthly basis. Also, he has tried to sell some of
the items at flee markets. Commissioner Long suggested donating items for a tax break, and also
to help eliminate the need for storage.
Commissioner Garcia moved to refer VI #0200521 against Diana and Ronald Martindale to the
County Attorney for legal action, with the instruction to delay action upon such referral until
June 19, 2008, to allow adequate time for the property owner to restore, remove or screen the
noncommercial junkyard from all adjacent properties and public rights-of-way, and to remove the
Hearing Certification, Zoning Violations
June 19, 2007 2007-1666
Page 5 PL0824
mobile home. The motion was seconded by Commissioner Rademacher, and it carried
unanimously.
VI #0600056 - SHOCKLEY: Ms. Siron presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 23-3-20, 23-3-30, and 23-3-30.M of the Weld
County Code. To bring the property into compliance, the commercial vehicles must be reduced
to one (1) or a Use by Special Review application must be submitted. Ms. Siron stated Travis
Shockley is out of town at this time and is requesting an additional thirty days to remove the
commercial vehicles. Neither the property owner nor a representative was present, and there was
no public testimony given.
Commissioner Rademacher moved to refer VI #0600056 against Travis Shockley to the County
Attorney for legal action, with the instruction to delay action upon such referral until July 19, 2007,
to allow adequate time for the property owner to remove the commercial vehicles. The motion was
seconded by Commissioner Garcia, and it carried unanimously.
VI #0700067 - CROMWELL: Ms. Siron presented the case report for the record and pursuant to
the case file, this property is in violation of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld
County Code. To bring the property into compliance, the noncommercial junkyard must be
restored, removed or screened from all adjacent properties and public rights-of-way. Ms. Siron
stated there was a thirty day extension granted to Charles Cromwell on March 13, 2007; however,
there has been no progress made and no contact with the property owners since then. Neither the
property owners nor a representative was present, and there was no public testimony given.
Commissioner Garcia moved to refer VI #0700067 against Katrinka and Charles Cromwell to the
County Attorney for immediate legal action. The motion was seconded by Commissioner
Rademacher, and it carried unanimously.
Hearing Certification, Zoning Violations
June 19, 2007 2007-1666
Page 6 PL0824
This Certification was approved on the 25th day of June, 2007.
��_�,� APPROVED:
ATTEST: aA A / I,�1� BOAR¢¢¢¢¢¢QQQQQQF COUNTY COMMISSIONERS
/y ILa�` WELDNTY COLORADO
Wel. ounty Clerk to B f' �F �` e J Cr
1861 1/42 David E. Long, Chair
BY: �,L1�/� �: � .•','i': •�'
De: ty CI to th EXCUSED
William H. 7e, P - m
CD#2007-01(VI) C
Willa F. Garcia
EXCUSED
Robert D. Masden
o.D4aa`—%cl Q.aLr'
ouglas Rademac r
Hearing Certification, Zoning Violations
June 19, 2007 2007-1666
Page 7 PL0824
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