HomeMy WebLinkAbout20072456.tiff RESOLUTION
RE: AUTHORIZATION FOR LEGAL ACTION TO REMOVE CONDITIONS/DEBRIS
CREATING A NUISANCE AT 3715 YOSEMITE DRIVE,WELD COUNTY, COLORADO
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,the Departments of Building Inspection and Public Health and Environment have
received numerous complaints and inquires regarding this property since 2004,due to the ongoing
accumulation of junk, debris, household trash and waste on the property owned by Margaret C.
Scoggins, and
WHEREAS, said property is described as Lot 13,Block 5, Hill-N-Park Subdivision, Weld
County, Colorado, also known as 3715 Yosemite Drive, Greeley, Colorado 80634, and
WHEREAS,the owner, Margaret C. Scoggins,created a trust on March 23,2003, naming
Lynette Scoggins as the beneficiary,and indicated in the trust document that the property would be
transferred to the trust; however, the property was not transferred to the trust prior to Margaret's
death on June 13, 2003, and
WHEREAS,the Board of County Commissioners held a violation hearing concerning this
property on the 13th day of July, 2004, due to the accumulation of junk on the property, and the
matter was referred to the County Attorney's Office for legal action, and
WHEREAS,legal action was commenced against Lynette Scoggins in October,2004,and
WHEREAS, Lynette Scoggins failed to clean up the property, although she made several
attempts to do so,as indicated in the Memorandums from the Departments of Building Inspection
and Public Health and Environment attached hereto as Exhibits A and B, and
WHEREAS, Lynette Scoggins was convicted of a crime and now resides in the Villa at
555 18th Street, Greeley, Colorado, and no longer resides on the property, and
WHEREAS,the property was the subject of two tax lien sales,for 2004 and 2005,and the
initial purchaser was 4400 Partners LLC,and Weld County purchased the Certificates from 4400
Partners on June 19, 2007, and
WHEREAS,the Board of County Commissioners of Weld County is authorized pursuant to
Section 25-1-613, C.R.S., to examine all nuisances, which in its opinion may be injurious to the
health of the county's inhabitants, and to remove the same, and
2007-2456
Co ; Q /4 H (t ��, V0t. CR a- 07
AUTHORIZATION FOR LEGAL ACTION TO REMOVE CONDITIONS/DEBRIS
PAGE 2
WHEREAS,pursuant to the provisions of Sections 25-1-616 through 25-1-618,C.R.S.,the
Board has the authority to order the person in control of the property to clean the property,and if said
person fails to do so,the Board may have it cleaned and bill the person in control for the cost of the
cleaning,and finally,if the costs are not paid,the Board may either recover said expenses from the
person in control of the property by filing suit against said person, or may impose a special
assessment for said expenses against the property, and
WHEREAS, Lynette Scoggins appeared and testified that she has not been able to reside
on the property due to her sentence requiring her to reside at the Villa,and that due to her absence,
she has been unable to keep the property free from trash and from deterioration, and now has the
assistance of a friend who will help her to remove trash and remove the mobile home, in order to
replace it with another mobile home, and
WHEREAS, Sam Guerrero,Sam's Concrete,appeared and testified that he was prepared
to assist in the cleanup of the property and that he expected to begin the process in the following
week, and
WHEREAS, after hearing all of the testimony and statements of Trevor Jiricek of the
Department of Public Health and Environment,others present,and the recommendation of the staff,
and after considering the testimony of Lynette Scoggins, and Sam Guerrero, the gentleman who
appeared to testify that he was helping her to clean the property,the Board determined that although
the accumulation of trash and debris on the property does constitute a nuisance and is injurious to
the health of Weld County's inhabitants, Lynette Scoggins is making an effort to clean the property,
and much of the accumulation of trash is due to the fact that other third parties have contributed to
the problem.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that Lynette Scoggins is given sixty(60)days in which to remove all debris,trash
and miscellaneous junk,as well as the mobile home,from the property,with the understanding that
she will focus first on the removal of the trash and miscellaneous debris and junk, and
BE IT FURTHER RESOLVED, by the Board of County Commissioners of Weld County,
Colorado,that in the event the property is not clean and the mobile home is not removed from the
property by October 5, 2007, that the Department of Public Health and Environment, with the
assistance of the County Attorney, is hereby authorized to proceed with the cleanup of the property,
and is further authorized to bill the expenses of the cleanup to Lynette Scoggins,as the person in
control of the property, and if she fails to pay the expenses within 45 days of her receipt of the bill,
the expenses shall be assessed upon the lot and collected as a special assessment.The foregoing
action shall be taken pursuant to the authority set forth in Sections 25-1-613 and 25-1-616 through
25-1-618, C.R.S.
2007-2456
HL0034
AUTHORIZATION FOR LEGAL ACTION TO REMOVE CONDITIONS/DEBRIS
PAGE 3
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 6th day of August, A.D., 2007.
,j�` S BOARD OF COUNTY COMMISSIONERS
i',t' ''L w �� WELD OUNTY, COLORADO
ATTEST: ia,t, / I r - ' Qv C v
^`%.Iq4. i avid E. Long, Chair
Weld County Clerk to the b VI. '
\ EXCUSED
1/ 1 William H erk , r em
BY: IIA I l
De )ty Cle to the Boar.
Garcia
APP AS M: Y\`R,Jv Y
Robert D. Masden
/
ounty Attorney rTh.. ,.N
� � t)7 Di ugla Radem er
Date of signature: ( 1
2007-2456
HL0034
(lit ,64,--- ,
Memorandum
WI I C. TO: Board of County Commissioners, County Attorney
From: Trevor Jiricek
COLORADO DATE: July 25,2007
SUBJECT: Public Nuisance at 3715 Yosemite Drive,
Weld County
Conditions/debris exist at 3715 Yosemite Drive, Weld County, that constitute a public
nuisance. The Weld County Department of Public Health and Environment is
recommending that the Board of County Commissioners direct the County Attorneys office
to pursue legal action against Ms. Scoggins to allow removal of the conditions/debris that
are creating the nuisance conditions.
On many occasions over the past 2 `/n years staff have observed various debris stored at this
property. During the spring of 2006 some debris had been hauled off. However,
observations since that date have revealed further accumulation of debris. On July 23,
2007, staff again observed the property and observed household trash, couches, building
debris, etc. constituting a nuisance condition. Also, it appears that the home is now vacant
and not being maintained. We also understand Weld County has redeemed the 2004 and
2005 tax certificates and at this time the 2006 tax certificates remain unpaid.
Please note that the property is still in the name of Margaret Scoggins who is deceased.
Lynnett Scoggins has been our primary point of contact as we understand she is the only
living relative. Lynnett was served notice of this hearing on July 26, 2007
Please find attached a chronology of staff activities and recent photographs of the property.
2007-2456
a
rs twees
DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT
1555 N. 17th Avenue
Greeley, CO 80631
I WEBSITE: www.co.weld.co.us
ADMINISTRATION: (970) 304-6410
C FAX: (970) 304-6412
O PUBLIC HEALTH EDUCATION & NURSING: (970) 304-6420
FAX: (970) 304-6416
ENVIRONMENTAL HEALTH SERVICES: (970) 304-6415
COLORADO FAX: (970) 304-6411
July 26, 2007
HAND DELIVERED
Margaret C. Scoggins
c/o Lynnett Scoggins
555 18th Street
Greeley, Colorado 80631
Subject: Nuisance Conditions at 3715 Yosemite Drive, Weld County
Dear Ms. Scoggins:
The Weld County Department of Public Health and Environment has contacted you on
numerous occasions over the past two years concerning nuisance conditions that exist
at 3715 Yosemite Drive, Weld County. Specifically, a hand delivered letter dated July 8,
2005, and a certified letter dated February 8, 2006 (received by you on February 11,
2006). Both of these letters expressed that a nuisance condition existed that required
abatement. Based upon recent observations by staff, these nuisance conditions
continue to exist on the property. Household trash, building materials, two couches and
other debris were observed and photographed on July 23, 2007.
Please be aware that Colorado Revised Statute Section 25-1-613 provides the
following:
"Removal of nuisances. The board of health shall examine all
nuisances, sources of filth, and causes of sickness, which, in its opinion,
may be injurious to the health of the inhabitants, within its town, city or
county...., and it shall destroy, remove, or prevent the same as the case
may require."
As the result of failing to remedy this nuisance condition our Department has scheduled
you to appear before a public meeting of the Weld County Board of Commissioners on
August 6, 2007, at 9:00 a.m. The hearing will be held at the Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, during the regular Board
Margaret C. Scoggins
c/o Lynnett Scoggins
July 26, 2007
Page 2 of 2
meeting. The Board will be requested to consider appropriate legal action to remedy
this nuisance and to require a written operations plan to prevent future conditions.
If you have any questions concerning this matter, feel free to contact me at 304-6415,
Extension 2214.
Sincerely,
Trevor Jiricek, M.A., Director
Environmental Health Services
Attachments (1)
cc: Mark E. Wallace, MD, MPH, Director, Weld County Department of Public Health
& Environment (via email)
Bruce Barker, Weld County Attorney (via email)
Memorandum
I TO:
OFROM: Environmental Health Services
• DATE: July 24, 2007
COLORADO
SUBJECT: Lynette Scoggins nuisance violations
3715 Yosemite Dr., Hill and Park
Chronology
January 16, 2005 Citizen Complaint—trash
July 7, 2005 Citizen Complaint—trash
July 8, 2005 WCDPHE letter—hand delivered
July 13, 2005 Citizen Complaint—trash and mice
August 22, 2005 Citizen Complaint—front yard cleaned up, but backyard
trash still there
January 30, 2006 Sheriff's office receives complaint—trash
February 8, 2006 WCDPHE send certified letter for nuisance trash. Requires
proof of trash disposal service
February 16, 2006 WCDPHE follow up investigation
February 17, 2006 Citizen Complaint—trash
March 7, 2006 WCDPHE follow up investigation
March 15, 2006 WCDPHE follow up investigation—trash accumulation
improved to the point it is no longer a nuisance. However
owner has not supplied proof of trash disposal service.
May 23, 2006 Citizen Complaint—trash. Opened case with Planning and
Zoning
July 26, 2006 Citizen Complaint—trash. Referred to Planning and Zoning
November 14, 2006 Pete Wagoner with WC Sheriff's Office investigated
property for trash. Inspected inside as well—full of trash,
no water or heat. Referred to Planning and Zoning
July 23, 2007 WCDPHE investigation. trash piled up around house.
Appears to be vacant.
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3061142 04/10/2003 11:86A Weld Moreno
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1 of 4 R 21.00 0 0.00 Steve Mareee Clerk&Recorder
TRUST AGREEMENT
OF
142 MARGARET SCOGGINS
THIS TRUST AGREEMENT is made thisen day_ofMatch, 2003,by
MARGARET SCOGGINS, hereinafter called Granto•, d LYNE�COGGINS, Trustee.
The Grantor hereby assigns, conveys,transfer.;and eliivers unto the Trustee the property
set forth in Schedule A, attached hereto. This proper y, together with any additions thereto •
acceptable to the Trustee made by the Grantor or any other person in any manner, shall constitute
the trust estate and shall be held, administered and distributed as provided in this Agreement.
ARTICLE I
The duties of the Trustee shall be:
1. The Trustee shall collect, invest and reinvest all the assets conveyed and assigned and
transferred to said Trustee to the best advantage possible to yield the most income, compatible
with good business practice and safety.
2. The Trustee shall pay over or apply the net incorr a and principal of the trust estate to the
Grantor as the Grantor may direct the Trustee from time to time. If at any time in the opinion of
the Trustee, the Grantor is so incapacitated by reason of illness, age or other cause, that she is
incapable of expending intelligent attention to her financial affairs,then instead of making
distribution of net income and principal in the manner provided,the Trustee shall,from time to
time, while the Trustee believes such incapacity continues, use so much of the net income and
principal-of the trust estate as the Trustee in her sole and absolute discretion deems necessary or
advisable, a)for the health, support, comfort and welfare of the Grantor, b) for the purpose of
discharging any obligation incurred by the Grantor, believed by the Trustee to be a valid debt.
The judgment of the Trustee as to the capacity of the Grantor, and any payments made in the
exercise of her discretion hereunder, shall be ormolus ve and binding on all beneficiaries of this
trust.
3. The Trustee may, from the principal and income )f the estate pay the expenses of the last
1 .
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