HomeMy WebLinkAbout20061624.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST MARY CASTILLO 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,Mary Castillo,VI#0600144, 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 20th day of June, 2006, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Mary Castillo was 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 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 July 20, 2006, 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 fax the vehicle registrations to staff 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 #0600144 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Mary Castillo 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 July 20, 2006, 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 fax the vehicle registrations to staff to bring the subject property into
compliance.
2006-1624
PL0824
6O1 Pt , v,Oc vc,
VIOLATIONS - VI #0600144 - MARY CASTILLO
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of June, A.D., 2006.
4w; i/7 '
BOARD OF COUNTY
COMMISSIONERS
LD C• 4NTY, COLORADO
ATTEST: At, . J. ewe, Char
Weld County Clerk to the 4
4"j
BY: �y,��� David E. Long, Pro-Tem
Dep�i y Cler o the Board
Sasn
H. Jerke
APP AS •
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D.
A y ,.I (LILSEci
Glenn Vaad
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Date of signature: Le
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2006-1624
PL0824
Weld County Violation Summary
Compliance Officer, Ann Siron
BASIC INFORMATION
Property Owner: Mary Castillo
Violation: VI-0600144
Address: 3708 Yosemite Dr, Greeley, CO 80634
Legal: Lot 2, Block 7, Hill-N-Park, Weld County, Colorado
Location: East of and adjacent to 47`"Ave and North of and adjacent to 49`° St
North: Evans city limits and primarily residential uses
South: Evans city limits and primarily residential uses
East: Approximately 1/2 mile West of Evans city limits and primarily residential uses
West: Evans city limits and primarily residential uses
•
Parcel Number: 0959-26-3-01-002
Certified mail date: May 22, 2006 Received:
Currently the property is in violation of Chapter 23, Article III, Division 2 of Sections 23-3-150, 23-3-150.B
and 23-3-150.C of the Weld County Code.
REMEDY •
To bring the property into compliance the "Noncommercial Junkyard" consisting of several derelict
vehicles shall be restored or removed or copies of registration shall be provided showing the vehicles
have current tags and belong to the property owner.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office for immediate legal action.
CASE HISTORY
March 15, 2006 Initial complaint received.
March 15, 2006 Initial inspection completed.
April 3, 2006 Five day compliance encouragement letter issued.
April 4, 2006 Received call from property owner. He stated all vehicles were currently
registered and in running condition. I asked he fax or mail in copies to me so I
may close out the violation.
April 17, 2006 Violation letter issued.
May 19, 2006 Property inspected. Property remains in violation.
May 22, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2006-1624
Q DEPARTMLIT OF PLANNING SERVICES
North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
WWW.CO.WELD.00.US
C
' 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
May 22, 2006
Mary Castillo
3708 Yosemite Dr
Greeley, CO 80634
Subject: VI-0600144, Lot 2, Block 7, Hill-N-Park, Weld County, Colorado
Dear Ms. Castillo:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on June 20, 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 2 "Residential Zone Districts"
Section 23-3-150 "R-5 (Mobile Home Residential) Zone District"
Section 23-3-150.8 "Uses Allowed by Right"
Section 23-3-150.C "Accessory Uses"
To bring the property into compliance:
During a phone conversation on April 6, 2006 it was stated that all vehicles had current
registration and were in running condition. Until copies of registration for each vehicle
have been received in our office, this violation case remains open.
The"Noncommercial Junkyard"consisting of several vehicles that are possibly derelict
shall be restored or removed from the property.
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
VEHILCES registered last or currently registered last or currently registered under the
property owner and/or tenant's name. This definition does not include COMMERCIAL
VEHICELS. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be
totally ENCLOSED within a BULDING or STRUCTURE or visually SCRENED from all
ADJACENT properties and public rights-of-way.
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 attacl to the vehicle, as required by Section 42-3- ,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.
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.
Sin rely,
Ann Siron
Zoning Compliance Officer
pc: VI-0600144
Department of Planning Services
Bruce Barker, County Attorney
U Weld County Department of
Planning Services
"lime Inspection Report
COLORADO 918 10`° St
Greeley, CO 80631
Date of Inspection:
Permit/Case No.:
Property Owner Name:
Address: - "t
, Upon a(visual)(on-site) inspection of the property listed above,the following items
were noted:
i
tae C
i, 7(/
Inspection by: Contact Name: h. i t
Contact Phone Number: 970-353-6100,Ext. 3555
Copy of this inspection was: O Left on Site
0 Mailed on:
Pictures taken during inspection: O Yes 'r No
DEPARTMENT OF PLANNING SERVICES
Kit Q North Office
Code Compliance Division
918 10th e: Street, Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
Phone: (970) 353-6100, Ext. 3566
CFax: (970) 304-6498
O Southwest Office
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
April 17, 2006
Mary Castillo
3708 Yosemite Dr
Greeley, CO 80634
Subject: VI-0600144, Lot 2, Block 7, Hill-N-Park, Weld County, Colorado
Dear Ms. Castillo:
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 2 "Residential Zone Districts"
Section 23-3-150 "R-5 (Mobile Home Residential)Zone District"
Section 23-3-150.8 "Uses Allowed by Right"
Section 23-3-150.C "Accessory Uses"
To bring your property into compliance with the Weld County Code:
During a phone conversation on April 6, 2006 you stated that all vehicles had current
registration and were in running condition. Until copies of registration for each vehicle are
received in our office, this violation case will remain open.
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.
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 .alid registration with the State, as required by .,ection 42-3-103,42-
3-1380r42-12-102, 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.
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
April 17, 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.
Sincerejy,
/
( L rC u 1
Ann Siron
Zoning Compliance Officer
pc: VI-0600144
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
rit4 North Office
Code Compliance Division •.
918 10th Street, Greeley, CO 80631 ,
Website:te: WWW.CO.WELD.CO.UO.US
E-mail Address: asiron@co.weld.co.us
Phone: (970) 353-6100, Ext. 3566
Fax: (970)304-6498
"lige Southwest Office
4209 CR 24.5
COLORADO Longmont, CO 80504
L 1J Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
April 3, 2006
Mary Castillo
3708 Yosemite Dr
Greeley, CO 80634
Subject: VI-0600144, Lot 2, Block 7, Hill-N-Park, Weld County, Colorado
Dear Ms. Castillo:
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 the presence of a "Noncommercial Junkyard" consisting of several derelict vehicles in the
back of the 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.
Sincerely,
/ • )
Ann Siron—
Zoning Compliance Officer
pc: VI-0600144
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Weld County Department of
Planning Services
Wi�Dc. Inspection Report
918 10°° St
COLORADO Greeley, CO 80631
Date of Inspection:
Permit/Case No.: -C)tcu.yAy
Property Owner Name: f.
Address: 1615 Vi l
Upon a (visual)(on-site) inspection of the property listed above,the following
were noted:
`Ll✓L
Inspection by: -) Contact Name: It 11 i D 4, Li L
Contact Phone Number: 970-353-6100,Ext. 3555
Copy of this inspec m Left on Site 0 Maned Om
Pictures taken during inspection: ❑ Yes121-No
‘t--"
\ 1R DEPARTMENT OF PLANNING SERVICES
' Code Compliance Division
918 10th Street, Greeley, CO 80631
111 pC Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
/ZONING CODE COMPLAINT ❑ Staff/Name: ❑ Citizen E 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: 2) — -
Pending Case#(i.e.USR,RE, SE, ect...): �� �/ �/�
•
Legal Description: L �, , P4 I 149 �) �-Tl:_.t Parcel Th �c3o-2u "�'��i - !_.l i�j
Violation Address: J ' 4 ,
1
Property Owners Name: 0 \1 r1 /t�(0` - -r) ti l��t�i_Z Phone:
Proper Owners Address: � I I( c t 11 1.
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: Kt e•-) t .t.4 fie:. ltL { a LO I . i
.LL 1 -bk (A 1 LO���s
Additional Notes:
Identify Results Page 1 of 1
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R2637686 Parcel#: 095926301002
Tax Area: 2825 Bordering County:
Acres: 0.1849
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
05 - 66- 26 - 3 HILL PARK - 7 - 2
Owners Name &Address: Property Address:
MERAZ MARY H CASTILLO Street: 3708 YOSEMITE ST WELD
2710 8 AVE City: WELD
GREELEY, CO 80631
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
2/3/1994 $43,500 - 02372464
legal Desction
HP7-2 L2 BLK7 HILL-N-PARK SUB%3708 YOSEMITE% SITUS: 3708 YOSEMITE ST WELD 00000
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Site
Land Subtotal: $30,000 $2,390
No Buildings on Parcel
http://maps.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=09592... 03/31/2006
Identify Results Page 1 of 1
Mobile Home Valuation
Account#: M2637786 Parcel#: 095926301002
Owners Name&Address: Property Address:
RUBIO DIANE Street: 3708 YOSEMITE DR WELD
3830 LONGHORN LN City: WELD
EVANS, CO 80620-9157
Business/Complex:
Legal Description
HP7-2 IMPS ONLY MH L2 BLK7 HILL N PARK MOBILE/MODULAR TITLE NO: 03P393777 SERIAL: GB191395LR YEAR: 1972 MAKE:
KIRKWOOD SIZE: 24X60 3708 YOSEMITE DR WELD 80634
Land Value $0 Land Assessed Value $0
Impr. Value $20,397 Impr. Assessed VAlug $1,620
Total Value $20,397 Total Assessed Value $1,620
Total Taxes: $126.18 Amount Due: $126.18
Tax Area: Bordering County:
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
05 - 66- 26 - 3 HILLNPARK - 7 - 2
Acres:
Sq. Ft.:
Sale Price Sale Date Deed Type Reception#
$43,500 10/24/1994 X0006969
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=ACCDET&acct=095926301002... 03/31/2006
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