HomeMy WebLinkAbout20070372.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST JESUS DE PENA 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, Jesus De Pena, VI #0600409, is allegedly in violation of the Weld County
Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 13th day of February, 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 Pena, current property owner, was 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 May 13, 2007, 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, to
remove all the commercial vehicles 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 #0600409 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Jesus De Pena 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 May 13, 2007, 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 all the commercial vehicles to bring the subject property into
compliance.
2007-0372
PL0824
60 '. PL U( o c 03--0(0-0-7
VIOLATIONS -VI #0600409 - JESUS DE PENA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of February, A.D., 2007.
BOAR 9E COUNTY COMMISSIONERS
1 WELD TY ORA O
ATTEST: li DQ L'
C.
bI77KGGt� vid E. Long, Chair
Weld County Clerk to the Bo '
E
�� ,�; ��€K '� �1AdElliam H. rke9rp-Tem
BY: h
Deputy C rk to the Board
Willi Garcia
nn
APP O M: b. \
Robert D. Masden
ounty Attorney -'.--:- .0----1--- 1‘ .e ✓
Douglas adema≥her
Date of signature: S-O7
2007-0372
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Jesus De Pena
Violation: VI-0600409
Address: 1138 CR 33.5, Brighton, CO 80601
Legal: Lot 2, Block 1, Jo Ann Subdivision, Weld County, Colorado
Location: North of and adjacent to CR 4
North: Agriculturally zoned properties and Country Estates
South: Lochbuie
East: Lochbuie
West: Brighton and Agriculturally zoned properties
Parcel Number: 1471-26-4-02-005 Acreage: 4.52 +/-Acres
Certified mail date: December 5, 2006 Received:
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30,
23-3-30.1, 23-3-30.M, 23-3-40, 23-3-40.R of the Weld County Code.
REMEDY
To bring the property into compliance, the following shall occur:
► The Noncommercial Junkyard shall be removed, restored or completely screened from all
adjacent properties and public rights-of-ways.
► To bring the Commercial aspect into compliance, a Use by Special Review shall be completed
and submitted, if applicable, the number of Commercial Vehicles shall be reduced to 1(one)and
a Zoning Permit for a Commercial Vehicle (ZPCV) shall be completed and submitted to the
Department of Planning Services and all other commercial storage shall be removed or the
Commercial Vehicles and commercial storage shall be 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
August 23, 2006 Initial complaint received by the Health Department.
September 11, 2006 Health Department forwarded this complaint to my office.
September 19, 2006 Attempted to conduct the Initial inspection; however could not find the property.
•
2007-0372
Pena
Page 2,VI-0600409
October 3, 2006 Initial inspection completed.
October 19, 2006 Five day compliance encouragement letter issued.
October 31, 2006 Violation letter issued.
December 4, 2006 Property inspected. Property remains in violation.
December 5, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
January 9, 2007 Mr. Pena did not show, but his nephew was present regarding another case and
heard the Board of County Commissioners continue this case to the February 13,
2007 Violation Hearing.
January 10, 2007 Mr. Retana-Pena called regarding this case. I advised him that I was sending
another Violation Hearing notification for the February 13, 2007 Violation
Hearings. He said he would pass the information along to his Uncle.
January 10, 2007 Letter sent via regular mail to property owner indicating that the violation case
was re-scheduled before the Board of County Commissioners.
January 16, 2007 Original Violation Hearing Notification letter was returned as "Unclaimed".
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n REELEY, CO 80631
VI Weld County Planning Department o W.CO.WELD.CO.US
GREELEY OFFICE ≤ m nan(a�co.weld.co.us
JAN- 1 6 200? -5 z 353-6100, Ext. 3555
z 0 AX: (970) 304-6498
COLORA RECEIVED �s o D JTHWEST OFFICE
z 4209 CR 24.5
-A Z 3MONT, CO 80504
C 0 152-4210, Ext. 8730
m AX: (720) 652-4211
December 5, 2006 T, n
(71 co - 3
73 MR. JESUS DE PE fix) 0coA
1138 CR 33.5 .; l('
m
BRIGHTON, CO 8 (f) z w m CJ
(II 0610 -J
Subject: VI-060i -..! O m o
m o .m.. .m.71 �
Dear Mr. Pena: T 5 z
o D e✓ -
The property refere lP o ...... scheduled a
meeting with the Bo :} maw=,, N o , onsider the
violations occurring ;;. .c o —ation of the
following Section( _, or
Chapter 23, L .�l -
Section 23-3- 3'
Section 23-3- fra �,'
Section 23-3- !
Section 23-3- - _ E on
property on le, - et ' '" rt a orded
subdivision, c n. f any
regulations co v N uNirF4s). CIAL
VEHICLES frc o N n v sed to
haul agricultw -n ti , 3 es not
exceed sixty(I o . a a� hin an
approved or re N I a9 d prior
to adoption of _ -0 o rough
Section 23-4-E o mp m
Section 23-3 ° o
Section 23-3-4 ti p) Ise by
SpecialRevie% —' 0a ertyis
not a Lot in an = l m c filed
prior to adoptic osals
shall not be pe
To bring the property into compliance:
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
91 8 10T" Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
Will C E-mail Address: bsalzman(aco.weld.co.us
O PHONE: (970) 353-61O0, 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
January 10, 2007 o- \0� C C
MR. JOSE ANTONIO PENA 2
4
DBA: J P PLASTERING INC ^ CiD
1138 CR 33.5 „1,\N w'+ \CPTh
BRIGHTON, CO 80601 ,a''1 'V
Subject: VI-0600409, Lot 2, Block 1, Jo Ann Subdivision, Weld County, Colorado
Dear Mr. Pena:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on February 13,2007,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 III, 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.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."
To bring the property into compliance:
Mr.Pena
Page 2,Vl-0600409 •
The NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, wood and
miscellaneous debris shall be removed, restored or completely SCREENED from all
adjacent properties and public rights-of-ways.
Regarding the presence of COMMERCIAL VEHICLES, 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 10`"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. Neither
office will have a planner available on Fridays for walk-ins. To better serve you, please
bring this letter with you.
NONCOMMERCIAL JUNKYARD:An area where any waste,junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires,building materials and bottles.A NONCOMMERCIAL JUNKYARD
may also include the storage or keeping of DERELICT VEHICLES registered last or
currently registered under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows,the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-
way.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags;
used cloth, rope,rubber,tinfoil, bottles,old or used machinery of any type;used tools;used
appliances; used lumber or crates; building materials;fabrication of any material; used pipe
or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT
VEHICLES; used tires and other manufactured goods that are so worn, deteriorated or
obsolete as to make them unusable in their existing condition.
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.
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. A SCREENING PLAN shall be submitted and approved by the
Department of Planning Services.
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.
Mr.Pena
Page 3,VI-0600409
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,
Bethany Salzman
Zoning Compliance Officer II
pc: VI-0600409
Department of Planning Services
Bruce Barker, County Attorney
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34'2072 11102/2006 12:52P Weld County,CO • /�O�11 id r
O� 1 0l 1 R 6.00 0 40.00 Steve Moreno Clerk 8 Recorder s l_./� 3�h3JyZo
WARRANTY DEED —"a r
THIS DEED,Made this 30th day of October,2006 between
Felipe De Jesus Pena
of the County of Weld,State of Colorado,grantor and
Jose Antonio Pena
whose legal address is:1138 County Road 33 1/2,Briighton,CO 80601,
of the County of Weld,State of Colorado,grantee:
WITNESSETH,That the grantor for and in consideration of the sum of Four Hundred Thousand Dollars and
NO/1011's(S400,000.00)the receipt and sufficiency of which is hereby acknowledged,has granted,
bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm,unto the
grantee,his heirs and assigns forever,all the real property together with improvements,if any,situate,lying
and being in the County of Weld,and State of COLORADO,described as follows:
Litt 2,
Block 1,
Jo Ann Subdivision, 6, V
according to the recorded plat thereof,
County of Weld,State of Colorado.
also known by street and number as 1138 County Road 33 1/2,Brighton.CO 80601
TOGETHER with all and singular the hereditauenis 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 mid to the above bargained premises,with the hereditamets and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto
the grantee,his hens and assigns forever. And the grantor,for himself,his heirs,and personal
representatives,does covenant,grant,bargain and agree to and with the grantee,his hens and assigns,that at
the time of the ehnsealing and delivery of these presents,the is well seized of the premises above conveyed,
has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,tend has good
right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as
aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,
assessments,encumbrances and restrictions of whatever kind or nature soever,except all taxes and
assessments for the current year,a lien but not yet due or payable,and those specific Exceptions described by
reference to recorded documents as reflected hh the Title Documents accepted by Buyer in accordance with
section Sa"Title Review",of the contract dated September 21,2006,between the parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable possession of the grantee his heirs and assigns,against all and every person or persons
lawfully claiming the whole or any part thereof The singular number shall include the plural,the plural the
singular,mid the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
SELLER:
trJ— � ^
etipe Dc Jesus Pena !/
STATE OF COLORADO
COUNTY OF Weld }SS:
The foregoing instrument was ackriowleagB d',afore me this 30th day of October,2006 by Felipe De Jesus
Pena �•: LY ^ i'INN EAK�
1. Jft •�.:4.Y -
tary Pub
Witness my hand and official seal.
My Commission expires:September 18,2007 IyIj`-r�n
WDPHOTO
Warranty Decd(For Photographic Record)updated IrzUOb Security Title
File No.S0171793
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