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Home My WebLink About20070388.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION A public hearing was conducted on February 13, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner William H. Jerke, Pro-Tern Commissioner William F. Garcia Commissioner Robert D. Masden Commissioner Douglas Rademacher Also present: Acting Clerk to the Board, Sharon Kahl County Attorney, Bruce Barker Planning Department representative, Bethany Salzman Planning Department representative, Peggy Gregory Planning Department representative, Ann Siron Public Health and Environment representative, Troy Swain 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: HORTON -Troy Swain, Department of Public Health and Environment, presented the case report for the record and the property located at 913 Elm Court, Fort Lupton, Colorado, has failed to comply with the Rules and Regulations for Methamphetamine Laboratory Cleanup found in Chapter 14, Article VIII of the Weld County Code. Mr. Swain stated he spoke with Tammy Horton this morning and she no longer has any interest in the property and will not be attending this meeting. Mr. Swain stated the property is in foreclosure and there will be a Public Trustee auction on February 14, 2007. Mr. Swain stated the property owner has been contacted numerous times regarding the requirement of these regulations, and is requesting the case be referred to the County Attorney's Office to pursue legal action against the property owner and to seek ajudgement for the amount of $225.00 for staff time spent and the direct cost of document services. Mr. Swain stated they will pursue clean up and try to recover costs from the new owners. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Garcia moved to refer this case against Tammy Horton to the County Attorney to proceed with legal action for Violation of Health Regulations for Methamphetamine Laboratory Cleanup. The motion was seconded by Commissioner Rademacher, and it carried unanimously. 2007-0388 PL0824 �'� '. fit_ 03 -07 FRICK - Mr. Swain presented the case report for the record and the property located at 4312 Yosemite Drive, West Hill-N-Park Subdivision, Weld County, Colorado, has failed to comply with the Rules and Regulations for Methamphetamine Laboratory Cleanup found in Chapter 14,Article VIII of the Weld County Code. Mr. Swain stated he contacted Misty Frick and she did provide a letter, marked Exhibit A,stating the property was surrendered under Bankruptcy, and she no longer has any interest in the property. Mr. Swain stated he has tried to notify Wells Fargo Home Mortgage, Inc., numerous times through phone calls and e-mails: however, he has not heard back from them regarding this violation and the action needed to clean up the site. Also,the foreclosure process has not begun, so in this case, the Mortgage holder will need to be directed to clean up the site, and the Department of Public Health and Environment is seeking judgement in the amount of$224.25 for staff time and the direct cost of document service. Mr. Swain further stated in June, 2006, there had been a burglary reported on this property and multiple entries were made through an unsecured door in the garage, and the back door has several broken windows through which entry was made. Mr. Swain is requesting authorization from the Board of Commissioners to secure the property for public safety and add this cost into the recovery amount against this property. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Garcia moved to refer this case against Misty Frick to the County Attorney to proceed with legal action for violation of Health Regulations for Methamphetamine Laboratory Cleanup, and to secure the entire property for public safety. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI#0600409-DE PENA: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, 23-3-30.1, 23-3-30.M, 23-3-40, 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,and a Use by Special Review application must be submitted, and if applicable, the number of Commercial Vehicles must be reduced to one, a Zoning Permit for a Commercial Vehicle must be submitted, and all other Commercial Storage must be removed. Ms. Salzman stated the violation was continued from January 9, 2007, to allow adequate time for the property owner to be notified of the violation hearing date. Ms. Salzman stated this property was purchased by Jose Antonio Pena from Jesus De Pena, and responding to Commissioner Long Ms. Salzman stated there has been no progress in the last month and the property is still in violation. Jose Pena, property owner, was present and did not speak English. Bruce Barker, County Attorney, stated he will obtain an interpreter for Mr. Pena to be sure the violation and remedys will be completely understood by the property owner. Commissioner Long continued this case until an interpreter was available. (The interpreter was present after case VI #0600150, Land Home Development, and the Board continued hearing on VI #0600409, Jesus De Pena.) Delia Tarin, District Attorney's Office, interpreter, relayed to Mr. Pena a review of the violations and remedies needed to bring the property into compliance. Through Ms. Tarin, Mr. Pena stated he does understand the violations and that the noncommercial junkyard must be restored, removed or screened from all adjacent properties and public rights-of-way, and the number of commercial vehicles must be reduced to one (1), and then he can apply for a Permit, or if more commercial vehicles are to be kept, a Use by Special Review application will need to be submitted. Mr. Pena Hearing Certification, Zoning Violations February 13, 2007 2007-0388 Page 2 PL0824 stated he is planning to remove the vehicles, and will remove as much of the noncommercial junkyard as possible and he will be screening the remaining items. Mr. Pena stated three months will be needed to complete this project. Commissioner Masden moved to refer VI#0600409 against Jesus De Pena to the County Attorney for legal action, with the instruction to delay 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 commercial vehicles or submit a Zoning Permit for a Commercial Vehicle. The motion was seconded by Commissioner Rademacher, and it carried unanimously. VI #0600407 - LOT HOLDING INVESTMENTS, LLC/GREGG/ZIEMKE: 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 and 23-3-30.M 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 number of Commercial Vehicles must be reduced to one, or a Use by Special Review application must be submitted. Ms. Salzman stated this violation was continued from January 9, 2007, to allow adequate time for the property owners to evict the tenants and to remove all commercial vehicles. Ms.Salzman stated Peter Ziemke met with her this morning prior to the hearing and, because the eviction hearing has been continued, and he will have the papers served again within forty-eight hours, Ms. Salzman is requesting this case be referred to the County Attorney's Office, but delay legal action for thirty days to allow the property owner adequate time to complete the eviction process and remove the noncommercial junkyard and commercial vehicles. Jeff Gregg, representative for Lot Holding Investments, LLC, stated this property was purchased for future expansion of a Use by Special Review Permit for the existing mining operation of Hall Irwin Cooporation. The property then was rented out. The current tenants have been approached several times to remove the vehicles and to clean up the noncommercial junkyard. The situation continued to grow, so the eviction process was started to remove these tenants. Mr. Gregg stated as soon as the eviction is final, Hall Erwin and Lot Holding Investments will get the property cleaned up and remove all the vehicles within a couple days. CommissionerJerke moved to refer VI#0600407 against Lot Holding Investments, LLC,Jeff Gregg and Peter Ziemke to the County Attorney for legal action, with the instruction to delay action upon such referral until March 13, 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, and to remove all the commercial vehicles. The motion was seconded by Commissioner Garcia, and it carried unanimously. VI #0600352 -ZAHN: 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.L, 23-3-30.M, 23-3-40, 23-3-40.8 and 23-3-40.O 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 number of commercial vehicles must be reduced to one(1), and a Zoning Permit for a Commercial Vehicle application must be submitted. A Use by Special Review application for a Home Business must be submitted or all commercial vehicles must be removed and the egg production must cease. Ms. Salzman stated this violation was continued from January 9, 2007, to allow adequate time for the property owners to be notified of the violation Hearing Certification, Zoning Violations February 13, 2007 2007-0388 Page 3 PL0824 hearing date. Ms. Salzman stated Rachelle Zahn contacted her, and they have added an egg processing business to the site, which is a violation of the Weld County Code, and they have not been able to continue the work needed to restore, remove or screen the noncommercial junkyard due to the weather conditions. Ms. Salzman stated she mailed a Use by Special Review application to the property owners, and there has been no contact from them since that time. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Rademacher moved to refer VI #0600352 against John and Rachelle Zahn to the County Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it carried unanimously. VI#0600349-KRAFT: 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, 23-3-20.B, 23-3-30, 23-3-30.F and 23-3-30.K of the Weld County Code. To bring the property into compliance,the mobile home must be removed, and a Building Permit must be submitted for the cargo container. Ms.Salzman stated this violation was continued from January 9, 2007, to allow adequate time for the property owners to be notified of the violation hearing date. Ms. Salzman stated this property is in foreclosure and the Bank is seizing it. Ms. Salzman is requesting this case be referred to the County Attorney for immediate action to place a lien on this property to notify any future buyers of the violations before considering purchase of this property. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Masden moved to refer VI#0600349 against Jeffrey and Tabitha Kraft to the County Attorney for immediate legal action. The motion was seconded by Commissioner Rademacher, and it carried unanimously. VI#0600353 -BARNETT: 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 and 23-3-30.M 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 all commercial vehicles must be removed or appropriately permitted. Ms. Salzman stated Carolyn Barnett contacted staff and due to health problems and weather conditions, could not attend the hearing; however, is requesting six months to complete the removal of the noncommercial junkyard and commercial vehicles. Neither the property owners nora representative was present, and there was no public testimony given. Commissioner Jerke moved to refer VI#0600353 against James and Carolyn Barnett to the County Attorney for legal action, with the instruction to delay action upon such referral until August 13, 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, and to remove all the commercial vehicles from the property. The motion was seconded by Commissioner Masden, and it carried unanimously. Hearing Certification, Zoning Violations February 13, 2007 2007-0388 Page 4 PL0824 VI #0600074 - ABEYTA/AMAYA: Ms. Salzman presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-110, 23-3-110.C, 23-3-110.C.4, 23-3-130, 23-3-130.B, 23-3-130.C and 23-3-130.C.1 of the Weld County Code. To bring the property into compliance, all commercial vehicles must be removed or a Zoning Permit for a Commercial Vehicle application must be submitted, and the noncommercial junkyard must be removed as it is not allowed in a Residential zoned area. Ms. Salzman stated this property has been in violation previously and was referred back to the Department of Planning Services, and the plan was to remove all the commercial vehicles; however, there has been little progress and the property owners have not contacted staff. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Rademacher moved to refer VI#0600074 against Joe Abeyta (Heirs of), c/o Adolfo and Beatrice Amaya to the County Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it carried unanimously. VI #0600413 - EVEZICH: 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.M, 23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance, all commercial vehicles must be removed or a Zoning Permit for a Commercial Vehicle application must be submitted. Ms. Salzman stated upon last inspection, the property has been reduced to one (1) semi-trailer; however,there is no way of knowing if the semi-trailers are gone for the day, or if they have been relocated. Neither the property owners nor a representative was present, and there was no public testimony given. Commissioner Jerke moved to refer VI#0600413 against Paul and Kathleen Evezich to the County Attorney for immediate legal action. The motion was seconded by Commissioner Garcia, and it carried unanimously. VI #0600521 - GUERRA: 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, 23-3-20.B, 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, and the camper trailer must be disconnected from all utilities and must cease to be utilized as a dwelling unit. Also, the camper trailer must be licensed and operational, or it will be considered a derelict vehicle. Ms. Salzman stated Victor Guerra's son contacted staff, and stated no one is living in the camper trailer; however, it is still in derelict condition and will need to be restored, removed, or screened, and the property owners will need additional time to complete this project. Jose Rivas, representative, stated Ms. Guerra lives at the residence by herself and does not own the vehicles stored on the property. Mr. Rivas stated he will contact the owners of the vehicles to get them removed, and responding to Commissioner Long, stated no one lives in the camper trailer and there are no utilities connected. Mr. Rivas stated four months would be adequate time to complete this project. Commissioner Rademacher moved to refer VI #0600521 against Victor Guerra to the County Attorney for legal action, with the instruction to delay action upon such referral until June 13, 2007, to allow adequate time for the property owner to restore, remove or screen the noncommercial Hearing Certification, Zoning Violations February 13, 2007 2007-0388 Page 5 PL0824 junkyard from all adjacent properties and public rights-of-way, and to restore, remove or screen the derelict camper trailer. The motion was seconded by Commissioner Masden, and it carried unanimously. VI #0000148 - STEERMAN: 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. Ronald Steerman, property owner, stated he has screened the property except for the east side, and is requesting more time to complete this project due to weather conditions and the fact that he is doing the work by himself. Commissioner Jerke moved to refer VI #0000148 against Ronald and La Nelva Steerman to the County Attorney for legal action, with the instruction to delay action upon such referral until June 13, 2007, to allow adequate time for the property owner to completely screen the property from all adjacent properties and public rights-of-way. The motion was seconded by Commissioner Rademacher, and it carried unanimously. VI#0600150-LAND HOME DEVELOPMENT/PARKER: 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, 23-3-30.1, 23-3-30.L and Chapter 23, Article IV, Division 3 of the Weld County Code. To bring the property into compliance, the mobile homes must be permitted or removed, and the noncommercial junkyard must be restored, removed and screened from all adjacent properties and public rights-of-way, and the number of commercial vehicles must be reduced according to the Weld County Code. Ms. Salzman requested this case be referred to the County Attorney's Office for immediate action; this same violation has been before the Board previously, and was dismissed through the Courts due to staff changes in the Department of Planning Services, could not be proven when and where the pictures were taken. Ms. Salzman stated this case is now being reviewed and the pictures have been verified. Al Gerlay, surrounding property owner, stated he is speaking for a number of the neighbors that could not attend the meeting this morning, Bill Bunney, Brad Hathaway, Brad Beigman, John Johnson, Mary Ann Crabtree, Norm Campbell, and Tony Proth. Mr.Gerlay stated this mess has been there for five years, and it should have been cleaned up a long time ago. Responding to Commissioner Long, Mr. Barker stated the pictures will hold up in Court, and the problem has gotten worst in the last five years. Commissioner Garcia moved to refer VI#0600150 against Land Home Development, c/o Trenton Parker to the County Attorney for immediate legal action. The motion was seconded by Commissioner Masden, and it carried unanimously. (Clerk's note: The interpreter for VI #0600409 is now present, the Board will now hear the case for Jesus De Pena.) VI #0600345 - LOWELL PAUL DAIRY, INC: Ann Siron, 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, 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 Hearing Certification, Zoning Violations February 13, 2007 2007-0388 Page 6 PL0824 properties and public rights-of-way. Ms. Siron stated Mr. Paul's representative, Allen Draque, contacted her this morning, and is requesting additional time to bring this property into compliance. Neither the property owner nor a representative was present, and there was no public testimony given. Commissioner Rademacher moved to refer VI #0600345 against Lowell Paul Dairy, Inc. to the County Attorney for legal action, with the instruction to delay action upon such referral until April 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. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI #0600333 - LOCKHART: 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. John Lockart, property owner, stated he is working on this project by himself, and due to inclement weather is requesting more time to complete the work needed. Commissioner Masden moved to refer VI#0600333 against John Lockhart to the County Attorney for legal action, with the instruction to delay 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. The motion was seconded by Commissioner Jerke, and it carried unanimously. VI#0400289 -HUBBARD: Ms. Siron presented the case report for the record and pursuant to the case file, this property is in violation of Sections 23-3-150, 23-3-150.6 and 23-3-150.C of the Weld County Code. To bring the property into compliance, a Zoning Permit for a Commercial Vehicle application must be submitted, or the tow truck must be removed. Steven and Veronica Hubbard, property owners, stated the tow truck is an emergency vehicle and Mr. Hubbard does not feel he needs a permit to keep it on his property. Responding to Commissioner Jerke, Ms. Siron stated a Zoning Permit for a Commercial Vehicle can be submitted, and an application was mailed to Steven and Veronica Hubbard. Responding to Commissioner Jerke, Ms. Salzman stated the fee for the permit is seventy-five dollars, and if there is a delay and the County Attorney's Office is involved, there is an additional thirty-nine dollar investigation fee. Commissioner Jerke moved to refer VI #0400289 against Steven and Veronica Hubbard to the County Attorney for legal action, with the instruction to delay action upon such referral until March 13, 2007, to allow adequate time for the property owners to submit a Zoning Permit for a Commercial Vehicle or remove the vehicle from the property. The motion was seconded by Commissioner Masden, and it carried unanimously. VI #0600211 -FAWCETT: 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 23-1-90 of the Weld County Code. To bring the property into compliance, a demolition permit must be obtained to demolish the mobile home being used as a detached garage. Ken Fawcett, property owner, stated when he moved the structure to the property several years ago, he contacted the Hearing Certification, Zoning Violations February 13, 2007 2007-0388 Page 7 PL0824 County and obtained what was needed to legally move this double wide, and the company that did the transportation did obtain the proper inspections needed to bring it into Weld County,and no one informed him that this could not be brought onto his property in this capacity. Mr. Fawcett stated he has invested several thousands of dollars to move, paint and set up this unit, and there is no electricity or plumbing connected to the structure. Mr. Fawcett stated in 2006, he did contact the Department of Planning Services with a permit number, and his call was not returned, so he assumed everything was okay until he received the violation notice. Responding to Commissioner Rademacher, Ms. Siron stated there is no way possible to keep this structure on the property as stated by code, and staff has no record of a permit. Commissioner Jerke stated he would like to continue this case for thirty days to allow time for Mr. Fawcett to bring in the documentation he has, and to work with the Department of Planning Services and the County Attorney's Office to see if a permit was issued from Weld County Government stating this structure was able to be moved onto his property. Commissioner Jerke moved to continue VI #0600211 against Ken Fawcett until April 10, 2007, to allow adequate time for the property owner to bring in the documentation he has regarding moving this structure to said property and review these with the Department of Planning Services and the County Attorney. The motion was seconded by Commissioner Rademacher, and it carried unanimously. Hearing Certification, Zoning Violations February 13, 2007 2007-0388 Page 8 PL0824 This Certification was approved on the 19th day of February, 2007. APPROVED: ATTEST: LI/ / . j 1 s OA' . F COUNTY COMMISSIONERS LD . O NTY, gOLrAcr Weld County Clerk to the Bo 16161 •, ?5x 4v, fib+ o id E. Long, Chair Deputy Clerk to the Board\K- i, ;5;,"'t ---1----) / �-�' A -1Willa rI, ro-Tem TAPE #2007-01 and 02 c), I, Willia . Garcia N C obert DMasden ,vY� Douglas`Rademache? ma �ohe Hearing Certification, Zoning Violations February 13, 2007 2007-0388 Page 9 PL0824 a w a N a S c z oT c a ti G O `�9 a 90 U o 0 ° © (� . c \ L w f .o C U i..,� a C � � ° O a) 13 w A CC E w c U • c 1j Z .. VI a ° I �n- G c z N �� a ° a zia) A .3c" “ VI E g d sbJN 0) co it = w k- I-• c �v o c W � a > 0 �)o Z ,rE 4-3b Z lli L II L 2 -.4 \J Z o CO W �� o J ��—�-�\�- Hello