HomeMy WebLinkAbout20063387 RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST KEVIN MOORE 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, Kevin Moore, VI #0600468, 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 12th day of December, 2006, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Rebecca Moore, 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 June 12, 2007, to allow adequate time for the property owner to reduce the
number of horses, or to sell the property 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 #0600468 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Kevin Moore 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 June 12, 2007,to allow adequate time for the property owner to reduce the
number of horses, or to sell the property to bring the subject property into compliance.
2006-3387
PL0824
CO , pL, vcoc O/-o5-d7
VIOLATIONS - VI #0600468 - KEVIN MOORE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of December, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
e�,��� WELD
'CCOUNTY, LORADO
ATTEST: �bi�K �D'v" '� /77. 4,/.y
CC
�• Chair
Weld County Clerk to the ' d `� ;:,- eap ii W.9
o�uI
arm r :.K
vid E. Long, Pro-Tem
BY: 1
Depu Clerk t he Boa UN•t --1—, ' k/-2-t
Wil • m H. Jerke
APP ED AS T • , . \41;3---
Robert D. Masden
County Attorney EXCUSED
Glenn Vaad
Date of signature: i q i( 1
2006-3387
PL0824
Weld County Violation Summary
Compliance Officer, Ann Siron
BASIC INFORMATION
Property Owner: Kevin Moore
Violation: VI-0600468
Address: 39238 Blvd E, Eaton, CO 80615
Legal: Lot 11-13, Block 22, Camfield, Weld County, Colorado
Location: West of and adjacent to CR 51 and directly South of Hwy 14
North: Agriculture
South: Agriculture
East: Agriculture
West: Agriculture
Parcel Number: 0711-18-0-23-008
Certified mail date: October 31, 2006 Received: Unclaimed
Notification sent via regular mail: November 29, 2006
Currently the property is in violation of Chapter 23, Article 111(3), Divison1 of Sections 23-3-20, 23-3-30, 23-
3-40, 23-3-50 and 23-3-50.D of the Weld County Code.
REMEDY
To bring the property into compliance the number of horses on the property shall be reduced to two.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office but to delay legal action for 60 days.
CASE HISTORY
January 13, 2006 Initial complaint received.
September 17, 2006 Initial inspection completed.
October 24, 2006 Five day compliance encouragement letter issued.
October 25, 2006 Violation letter issued.
October 27, 2006 Animal Control called in complaint in regards to number of horses on property.
October 31, 2006 Received phone call from property owner.
October 31, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2006-3387
Q DEPARTNI-AT OF PLANNING SERVICES
t(e, North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
WWW.CO.WELD.00.US
W.CO.W ELD.CO.US
■ E-mail Address: asiron@co.weld.co.us
I Phone (970)353-6100, Ext. 3566
O Fax (970) 304-6498
• Southwest Office
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (720)652-4210, Ext. 8730
Fax: (720) 652-4211
November 29, 2006
Kevin Moore Casaft Via 'OY- • Iv-,Gc_i_P
39238 Blvd E U
Eaton, CO 80615
Subject: VI-0600468, Lot 11-13, Block 22, Camfield, Weld County, Colorado
Dear Mr. & Mrs. Moore:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on December 12, 2006 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 Ill, Div 1 "A (Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right"
Section 23-3-30 "Accessory Uses"
Section 23-3-40 "Uses by Special Review"
Section 23-3-50 "Bulk Requirements"
Section 23-3-50.D "Maximum number of ANIMAL UNITS permitted per acre: four(4)
per acre or portion thereof'
To bring the property into compliance:
As discussed during a phone conversation on October 31,2006,there are currently five
horses on .5 acres of land. According to the County Code you are allowed four (4)
animal units per acre; therefore the number of animal units on the property shall be
reduced to two (2). Any deviations of the Weld County Code shall be granted by the
County Commissioners through a violation hearing.
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 werc de aware of the nature of the violation inch g 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.
Since ely,
Ann Siron
Zoning Compliance Officer
pc: VI-0600468
Department of Planning Services
Bruce Barker, County Attorney
DEPARTM�.1T OF PLANNING SERVICES
North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
Phone (970) 353-6100, Ext. 3566
O Fax (970) 304-6498
• Southwest Office
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
October 31, 2006
Kevin Moore
39238 Blvd E
Eaton, CO 80615
Subject: VI-0600468, Lot 11-13, Block 22, Camfield, Weld County, Colorado
Dear Mr. & Mrs. Moore:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on December 12, 2006 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 23-3-40 "Uses by Special Review"
Section 23-3-50 "Bulk Requirements"
Section 23-3-50.D "Maximum number of ANIMAL UNITS permitted per acre: four(4)
per acre or portion thereof'
To bring the property into compliance:
As discussed during a phone conversation on October 31,2006,there are currently five
horses on .5 acres of land. According to the County Code you are allowed four (4)
animal units per acre; therefore the number of animal units on the property shall be
reduced to two (2). Any deviations of the Weld County Code shall be granted by the
County Commissioners through a violation hearing.
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 de aware of the nature of the violation inch g 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.
Since efy,
Ann Siron
Zoning Compliance Officer
pc: vl-osooa6s U.S. Postal ServiceTM
Department of Planning Services E CERTIFIED MAIL.. RECEIPT
or- (Domestic Mail Only;No Insurance Coverage Provided)
Bruce Barker, County Attorney
F•r. ini rmati•n visit•ur we•site al www.us•s.c mg
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Postage $
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Detailed Fee
O Postmark
p Return Receipt Fee Here
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Total Postage 8 Fees $
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City,State,ZIP+4 VAaw[I,R ice[ Yw� ]TaC
SF rm 3�rr,June 2�r2 See everse f.r instructions
DEPARTMENT OF PLANNING SERVICES
Kit North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
DPhone: (970) 353-6100, Ext. 3566
CFax: (970) 304-6498
O e Southwest Office
4209 4
COLORADO
Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
October 25, 2006
Kevin Moore
39238 Blvd E
Eaton, CO 80615
Subject: VI-0600468, Lot 11-13, Block 22, Camfield, Weld County, Colorado, Weld County, Colorado
Dear Mr. Moore:
The uses on the above described property are being considered as a zoning code violation of Sections of the
Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code:
Chapter 23, Article Ill, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right"
Section 23-3-30 "Accessory uses"
Section 23-3-40 "Uses by Special Review"
Section 23-3-50 "Bulk Requirements"
Section 23-3-50.D "Maximum number of ANIMAL UNITS permitted per acre: four(4)per acre
or portion thereof."
To bring your property into compliance with the Weld County Code:
There are currently five horses on a .5 acre of land. According to the County Code you are
allowed four (4) animal units per acre;therefore the number of animal units on the property
shall be reduced to two (2).
(Please see chart on next page.)
Anim,.. Unit #of Animals ..,ax. # per Acre
Equivalents Equivalent to
One Animal
Unit
Cattle 1 4
Bison 1 1 4
Mule 1 1 4
Ostrich 1 1 4
Elk 1 1 4
Horse 1 1 4
Swine .2 5 20
Sheep .1 10 40
Llama .1 10 40
Goat .1 10 40
Alpaca .075 13 52
Poultry .02 50 200
Rabbit .02 50 200
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,
we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty)days from
October 25, 2006, 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,
Ann iron
Zoning Compliance Officer
pc: VI-0600468
Department of Planning Services
Bruce Barker, County Attorney
' • a m I Weld County Department of
Planning Services
Wi`�oC Inspection Report
COLORADO 918 10`° St
Greeley, CO 80631
I "7
Date of Inspection: �' -. -'^t
Permit/Case No.: v\ —�l�
Property Owner Name: V'1f
Address:
Upon a(visual)(on-site)inspection of the property listed above, the followin
were noted:
Inspection by: I k, ) Contact Name:
Contact Phone Number: 970-353-6100, Ext. 3555 or Ext. 3566
Copy of this inspection was: ❑ Left on Site 0 Mailed on:
',. Pictures taken during inspection: 0 Yes
DEPARTMENT OF PLANNING SERVICES
(eit • ‘H---3/43/44%; North Office
Code Compliance Division
918 Street, Greeley, CO 80631
Website:e: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
Phone: (970) 353-6100, Ext. 3566
WI I D Fax: (970) 304-6498
O Southwest Office
• 4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
October 24, 2006
Kevin Moore
39238 CR 51
Eaton, CO 80615
Subject: VI-0600468, Lot 11-13, Block 22, Camfield, Weld County, Colorado
Dear Mr. Moore:
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 with the Weld
County Code is too many horses on a .5 acre property.
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.
Sincere (...4
Ann Siron
Zoning Compliance Officer
pc: VI-0600468
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY.QUALITY
•
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DEPARTMENT OF PLANNING SERVICES
ik.
Code Compliance Division
918 ne01h (970) Gre53-6ley CO . 3541 Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by: Uk-01.DODt.}tp b
❑ ZONING CODE COMPLAINT ❑ Staff/Name: ' Citizen o 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: /-./.3-06
Pending Case#(i.e. USR,RE, SE. ect...):Legal Description: .C//-/3 AZ? (24UA/�/ Parcel #: 07/I-AP-
Violation Address: _8��
Property Owners Name: allfWi,c,
"///0�2L Phone: 97o-23Y-02Sa9
Property Owners Address: ;Lit
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: *),24 24,4
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Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1377602 Parcel#: 071118023008
....._> ,... . ..-a., .,...:F , ._...
Tax Area: 0205 Bordering County:
Acres: 0.5
Township Range Section Quart, Sec. Subdivison Name Block# Lot#
07 - 64 - 18 - 0 CAMFIELD - 22 - 11
Owners Name&Address: Property_Address:
M0ORE KEVIN Street: 39238 BOULEVARD E WELD
39238 COUNTY RD 51 City: WELD
EATON, CO 80615
Business/Complex:
Sa_Ies Summary
Sale Date Sale Price Deed Type Reception #
5/31/2005 $134,000 WD 3290844
Legal Description
L11 THRU 13 BLK22 CAMFIELD MOBILE/MODULAR TITLE: MSO SERIAL: 220332509225AB YEAR: 2002 MAKE: CHAMPION SIZE:
26X48 SITUS: 39238 BOULEVARD E WELD 00000
Land Valuation Summary
Land T e Abst Code Unit of Number of Assessed
yP Measure Units Actual Value Value
Residential 1112 Site
Land Subtotal: $19,500 $1,550
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
2 Residential
Improvements Subtotal: $101,773 $8,100
Total Property Value $121,273 $9,650
Building Details
Account#: R1377602 Parcel#: 071118023008
Owners Name&Address: Property Address:
MOORE KEVIN Street: 39238 BOULEVARD E WELD
39238 COUNTY RD 51 City: WELD
EATON, CO 80615
Building# Property Tvpe
1 Residential
Individual Built As Detail
Built As: Modular Year Built: 2002
httn•//mans7 merriek_c0m/Website/Weld/setSal.asn?cmd=QUERY&DET=PP&nin=0711... 10/16/2006
Identify Results Page 2 of 2
Exterior: Frame Hardboard HVAC: Forced Air
Interior Finish: Drywall Built As SQ Ft: 1296
# of Baths: 2 Roof Type: Gable
# of Bdrms: 3 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 6 Units: 1
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R1377602 Parcel#: 071118023008
Owners Name&Address: Property Address:
MOORE KEVIN Street: 39238 BOULEVARD E WELD
39238 COUNTY RD 51 City: WELD
EATON, CO 80615
Building# Property Tvoe
2 Residential
Individual Built As Detail
Built As: Detached Garage Year Built: 2003
Exterior: Frame Hardboard HVAC: None
Interior Finish: Built As SQ Ft: 400
# of Baths: 0 Roof Type: Gable
# of Bdrms: 0 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 0 Units: 1
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
httrr//manc7 merrink.anm/Wehcite/Weld/setSal.asn?cmd=OUERY&DET=PP&pin=0711... 10/16/2006
B44 I111111 11111 I I I I I LEI 11111111111F I I 111111 I I I I I I I I
3290844 06/0112005 02:55P Weld County,CO
1 of 1 R 6.00 D 13.40 Steve Moreno Clerk&Recorder
WARRANTY DEED
•
1 3
THIS DEED,Made this 31st day of May,2005 between SOO.5, . 3.s
.N
11D
Luis Alvarez Gallegos and Rosa Esquire)
of the County of Weld,State of Colorado,grantor and
Kevin Moore
whose legal address is:39238 Weld County Road 51,Eaton,CO 80615,
of the County of Weld,State of Colorado,grantee:
WITNESSETH,That the grantor for and in consideration of the sum of One Hundred Thirty-Four Thousand
Dollars and NO/100's.(5134,000.00,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!
Lots 11 through 13,
Block 22,
Townsite of Camfield,
County of Weld,
State of Colorado.
also known by street and number as 39238 Weld County Road 51,Eaton,CO 80615
TOGETHER with all and singular the hereditaments 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,tide,interest,claim and demand whatsoever of the grantor,either in law or equity,of,
in and to the above bargained premises,with the hcreditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his
heirs 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 heirs and assigns,that at the time of the ensealing and delivery of these presents,he is
well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law, in
fee simple,and 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
in the Title Documents accepted by Buyer in accordance with section 8a"Title Review",of the contract dated April 26,
2005,between the parties.
Cr) a The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the
a quiet and peaceable possession of the grantee his heirs and assigns,against all and every person or persons
p o lawfully claiming the whole or any part thereof The singular number shall include the plural,the plural the
singular,and the use of any gender shall be applicable to all genders.
C- ' ' IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
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11 t SELLERS:
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TV�i " Ol'VP),R5 Ot-kerneC i11 � e; Oiu e)
Luis Alvarez legos,by Hosa EsqujJvpl,aatttowiey�/Rosa Esquire)
(1` in fact OC MC UPS HHII /DOS
STATE OF COLORADO
COUNTY OF Weld }SS:
The foregoing instrument was acknowledged before m flu 1st day o Ma 2005 by Luis Alvarez
Gallego t and Ros 'vel,had vidu ly
LAJUN PEARSO
NOTARY PUBLIC
STATE OF COLORADO
Witness W om i%iroDrCraT set 18,2005 Notary lie
My Commission expires:
WDPHOTO Security Title
Warranty Deed(For Photographic Raced) File No.50055673
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