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HomeMy WebLinkAbout20073471.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV#0701069 AGAINST FAUSTINO AND MARIA GARCIA 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, Faustino and Maria Garcia, ZCV#0701069, 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 13th day of November, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation,and WHEREAS, Faustino and Maria Garcia were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Faustino and Maria Garcia 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. 2007-3471 �0 , Pt , Al PL0824 VIOLATIONS - ZCV#0701069 - FAUSTINO AND MARIA GARCIA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of November, A.D., 2007. y, BOARD OF COUNTY COMMISSIONERS ' ta WEL�UNTY, COLORADO �� C oj� 'l ) ATTEST: �� C.� {- + avid E. Long, Chair Weld County Clerk to the 1 EXCUSED , M �� I / WilliiammfH. Jerke Pro-Tem BY: it J% I V ( Q / DeC y Cle to the Board } !� William F. Garcia APPROVED AS TO FORM: EXCUSED Robert D. Masden Qty-t-Cou y Att ney a,c."-j 0,2<t .c inkfr Douglas Rademacher adDi Date of signature: l 2007-3471 PL0824 Violation Summary Report BASIC INFORMATION FAUSTINO & MARIA GARCIA 20206 SOUTHGATE AVE#1D4SALLE, CO 80645 Tenant: Compliance Officer: Ann Siron Violation Number: ZCV07-01069 Situs Address: Legal: SG6-10 L10BLK6 SOUTHGATE SUB 20206 S GATE AV 10 LASALLE 80645 Location: Location North of and adjacent to CR 42 and East of and adjacent to Hwy 85 North Agricultural South Agricultural East Agricultural West Agricultural Parcel Number: 105722001002-R4411886 Acreage: 0.13 Certified Mail Date: 10/08/2007 Currently the property is in violation of: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-100 Intent. 23-3-150 R-5 (Mobile Home Residential)Zone District. 23-3-150.A Intent. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 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 2007-3471 Violation Summary Report STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way. REMEDY THE NONCOMMERCIAL JUNKYARD CONSISTING OF SEVERAL DERELICT VEHICLES AND MISCELLANEOUS DEBRIS SHALL BE REMOVED OR RESTORED. BECAUSE OF THE ZONING IN THE AREA, SCREENING SAID ITEMS IS NOT AN OPTION. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. LETTER HISTORY 07/11/2007 Complaint Validated 07/12/2007 LTTR: 5 Day Letter 07/18/2007 LTTR: Violation Notice 10/08/2007 LTTR: Hearing Notification OTHER CASE HISTORY Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: PIPE, CARSEAT, DEBRIS, DERELICT VEHICLES. 10/05/2007 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE FOLLOWING ITEMS WERE NOTED: SEVERAL DERELICT VEHICLES AND MISC. DEBRIS. 10/16/2007 Office Visit RECEIVED AN OFFICE VISIT FROM LUCY GARCIA (737-1207)WHILE I WAS OUT FOR THE DAY. 10/23/2007 Phone Call I CALLED LUCY GARCIA, PROPERTY OWNERS MOTHER. FAUSTINO GARCIA IS HER FATHER AND HE HAS PASSED AWAY. THERE IS SOME DEBRIS ON THE PROPERTY AND TWO DERELICT VEHICLES. SHE CAN HAVE ONE VEHICLE REMOVED AND THE DEBRIS BUT THERE IS ONE CAR THAT IS NOT RUNNING THAT IS HER BROTHERS AND HE IS IN PRISON AND SHE DOES NOT KNOW WHAT TO DO WITH IT. I TOLD HER TO CALL FOR AN INSPECTION WHEN THE DEBRIS AND ONE VEHICLE WERE REMOVED AND WE WILL DISCUSS OUR OPTIONS REGARDING THE REMAINING VEHICLE. D )ARTMENT OF PLANNING SERVICES enCS\-- Compliance Divisior NORTH OFFICE 918 10th Stree CO Greeley, C E Email Address: asiron@co.weld.co.uu Phone Number: 970-353-6100 x356E Fax Number: 970-304-6491 SOUTHWEST OFFICE 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 October 08, 2007 FAUSTINO & MARIA GARCIA 20206 SOUTHGATE AVE#10 LASALLE, CO 80645 Violation Number: ZCV07-01069 Legal Description: SG6-10 L10BLK6 SOUTHGATE SUB 20206 S GATE AV 10 LASALLE 80645 Dear FAUSTINO & MARIA GARCIA: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 11/13/2007 10:00 AM The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-100 Intent. 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 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. PCDARTMENT OF PLANNING SERVICE: Compliance Divisio fieitNORTH OFFICI 918 10th Stre€ Greeley, CO 8063 Email Address: asiron@co.weld.co.0 Phone Number: 970-353-6100 x356 CID Fax Number: 970-304-649 SOUTHWEST OFFICE 4209 CR 24.E COLORADO Longmont, CO 80504 Phone: (720)652-4210, Ext 873C 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 To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF SEVERAL DERELICT VEHICLES AND MISCELLANEOUS DEBRIS SHALL BE REMOVED OR RESTORED. UNFORTUNATELY, BECAUSE OF THE ZONING IN THE AREA, SCREENING THE ITEMS IS NOT AN OPTION. This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 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, C.�14 ,V Ann Siron Zoning Compliance Officer pc: ZCV07-01069 Department of Planning Services Bruce Barker, County Attorney Weld County Department of W Planning Services Inspection Report V 918 lr St COLORADO Greeley, CO 80631 Date of Inspection: - - Permit/Case No.: Property Owner Name: • Address: Upon a(visual)(on-site) inspection of the property listed above,the following items were noted: Inspection by: Contact Name: Contact Phone Number: 970-353-6100,Ext. 3555 or Ext. 3566 Copy of this inspection was: O Left on Site np/lailed on: Pictures taken during inspection: ❑ Yes 12 No DFDARTMENT OF PLANNING SERVICES { Compliance Divisior NORTH OFFICE 918 CO10th Stree Greeley, C 806310631' Email Address: asiron@co.weld.co.us Phone Number: 970-353-6100 x356E Fax Number: 970-304-649E �• SOUTHW 2 ST OFFICE 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext 8730 Fax: (720) 652-4211 July 18, 2007 FAUSTINO & MARIA GARCIA 20206 SOUTHGATE AVE#10 LASALLE, CO 80645 Legal Description: ZCV07-01069 SG6-10 L10BLK6 SOUTHGATE SUB 20206 S GATE AV 10 LASALLE 80645 Dear: FAUSTINO & MARIA GARCIA : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currenly your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 2 Residential Zone Districts 23-3-150 R-5 (Mobile Home Residential) Zone District. 23-3-150.A Intent. 23-3-150.B Uses Allowed by Right. 23-3-150.C. Accessory Uses. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 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 " 'NKYARD shall be totally ENCLOSED within 9 BUILDING or STRUCTURE or vise. j SCREENED from all ADJACENT proper. and public rights-of-way. To bring your property into compliance with the Weld County Code: THE NONCOMMERCIAL JUNKYARD CONSISTING OF SEVERAL DERELICT VEHICLES AND MISCELLANEOUS DEBRIS SHALL BE REMOVED OR RESTORED. UNFORTUNATELY, BECAUSE OF THE ZONING IN THE AREA, SCREENING THE ITEMS IS NOT AN OPTION. It is the intention of this office to assist and cooperate with you without imposing undue hardhsips; however, we have no discretion in this matter if you fail to correct this violation. You have until 08/20/2007, 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, &iti14461/0. Ann Siron Zoning Compliance Officer pc: ZCV07-01069 Department of Planning Services Bruce Barker, County Attorney ft Weld County Department of ' Planning Services WDC Inspection Report I` V COLORADO 91810`b St • Greeley,CO 80631 • • Date of Inspection: Permit/Case No.: !e U 3/()(a 9 Property Owner Name: I , Address: Upon a(visual)(on-site)inspection of the property listed above,the following item were noted: '_ k e t.. • • Inspection by: Contact Name: •_ . Contact Phone Number: 970-353-6100,Ext. 3555 or Ext.3566 Copy of this inspection was: O Left on Site O Mailed on: Pictures taken during inspection: O Yes No DE RTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE tliH->\H"leLl 918 10th StreetGreeley, CO 80631 Email Address: Greeley, Phone: 970-353-6100 x3566 iggigFax: 970-304-6498 SOUTHWEST OFFICE 4209 CR 24.5 COLa Longmont, CO 80504 CO1J ORADO Phone: (720) 652-4210, Ext 8730 Fax: (720) 652-4211 July 12, 2007 FAUSTINO & MARIA GARCIA 20206 SOUTHGATE AVE#10 LASALLE, CO 80645 Legal Description: ZCV07-01069 SG6-10 L10BLK6 SOUTHGATE SUB 20206 S GATE AV 10 LASALLE 80645 Dear FAUSTINO & MARIA GARCIA: 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(s) with the Weld County Code are as follow: A NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT VEHICLES, PIPE AND MISCELLANEOUS DEBRIS. Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Since n Siron Zoning Complia ce Officer pc: ZCV07-01069 Department of Planning Services Bruce Barker, County Attorney cat DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division 918 10th Street, Greeley, CO 80631 0 Phone: (970) 333-6100, Ext. 3540 Fax: .(970) 304-6498 • COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: /ZONING CODE COMPLAINT ❑ Staff/Name: ❑ Citizen C Other. ❑ HEALTH DEPARTMENT Citizen's Name(If known)_ ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known). ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST & WEEDS � Date Complaint was received: I I--11-67 Pending Case#(i.e. USR,RE, SE, ect...): // // Legal Description: L '0I 3//(1J , , So M ale Parcel#: /nc 7 -22-06/X4 Violation Address: gliN6(-P cu- t�a-Iifi _O-e 40 Property Owners Name: igi !111.)Y./7/ N ktrin ( ,f^ Phone: Property Owners Address: Tenant's Name: Phone: Tenant's Address: n , NATURE OF COMPLAINT: L� ( . l 7/, di A4_LA' Ciwb-alt'�'`z Additional Notes: Identify Results Page 1 of I WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4411886 Parcel#: 105722001002 Tax Area: 0138 Bordering County: Acres: 0.1315 Township Range Section Quart. Sec. Subdvison Name Block#. Lot# 04 - 66 - 22 - 0 SOUTHGATE - 6 - 10 Owners Name&_Address: Property Address: GARCIA FAUSTINO &MARIA ELENA Street: 20206 S GATE AV 10 WELD 20206 SOUTHGATE #10 City: WELD LA SALLE, CO 80645 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description SG6-10 LIOBLK6 SOUTHGATE SUB 20206 S GATE AV 10 LASALLE 80645 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Mobile Home 1135 Site Land Subtotal: $26,000 $2,070 No Buildings on Parcel httn l/manc7 merrirk rnm/WehQite/Weld/setSnl_asn?cmd=niJERY&DET=PP&Din=1057... 06/05/2007 II , G 11 s ii s e- III E W • a y0yF I� N tj 2 g O Q z I Z Ti E a V } O F H i`_.. b V � d73 F w 25 ° a s g y OV .'�) P. m a a o g co o O 9 F K v 8 g : c o j �es to m E V 3 o gw o p £ a y o o m m y= x r ° o - c E OW N N i O zze •,Wygw r '' o a o y a) o s $ m 2y1 Y w N a F v a S-N N o wQ a °o r' �. -. N co 3 u _ A �1 C o W u ? -. 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