HomeMy WebLinkAbout20061746.tiff RESOLUTION
AND
FINDINGS AND ORDER OF THE
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
RE: TREATMENT OF PROPERTY OWNED BY JUAN RAMIREZ AND MARIA DEL
CARMEN,AND ESTABLISHMENT OF LIEN AGAINST SAID PROPERTY FOR COSTS
INCURRED IN SUCH TREATMENT, UP TO LIMITS SET FORTH IN 35-72-105(1),
C.R.S.
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 Board of County Commissioners of Weld County, Colorado, has been
informed, in accordance with Section 35-72-101(1),C.R.S.,that dust is blowing from the following
described parcel of land:
Part of the NE1/4 of Section 29, Township 7 North,
Range 64 West of the 6th P.M., Weld County,
Colorado ("the Property), and
WHEREAS,said parcel is owned by Juan Ramirez and Maria Del Carmen, 1020 37th Street,
Evans, Colorado 80620, and
WHEREAS, a hearing before the Board was held on the 24th day of April, 2006, at which
time the Board ordered the property to be roughened to prevent soil from blowing by May 5, 2006,
and
WHEREAS,a followup inspection by the West Greeley Soil Conservation District has been
completed,with the recommendation that the property be again roughened with a chisel plow,and
a wood lath snow fence be constructed (see the attached Exhibit 1), and
WHEREAS, on the 28th day of June, 2006, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said dust blowing complaint,
and
WHEREAS, Juan Ramirez and Maria Del Carmen, property owner(s),were not present at
said hearing; however, notice was sent to them by certified mail (see the attached Exhibit 2), and
WHEREAS, the Board of County Commissioners deems it advisable to contract for the
completion of the recommended work, pursuant to the authority set forth in Section 35-72-103(2),
C.R.S., and to assess the costs of such treatment against the Property through the establishment
of a lien, pursuant to the authority set forth in Section 35-72-105(1), C.R.S., to the limit set forth in
said statute, after hearing before the Board.
2006-1746
EX0011
1O% Cr-, , , b, U(OL Cm{,eA o5-af-of
VIOLATIONS - DUST BLOWING COMPLAINT- JUAN RAMIREZ/MARIA DEL CARMEN
PAGE 2
IT IS HEREBY ORDERED by the Board of County Commissioners of Weld County,
Colorado, that Weld County shall cause the treatment of the Property, as recommended by the
West Greeley Soil Conservation District in Exhibit 1.
IT IS FURTHER ORDERED by the Board that pursuant to Section 35-72-105(1), C.R.S.,
assessment of the costs for the treatment performed, be, and hereby is, established as a lien
against the Property, to the limit set forth in said statute.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of June, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
/ 1 WELD C• TY, COLORADO
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Weld .unty Clerk toth�, -: . 1
David . Long, Pro-Tem
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2006-1746
EX0011
WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
IWEBSITE: www.co.weld.co.us
O PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
June 16, 2006
Mr. Nick Hoban
USDA Service Center
4302 W. Ninth Street Road
Greeley, CO 80634
Re: Dust Blowing Complaint--Ramirez
Dear Nick:
Enclosed is a copy of the letter I have sent to Juan Ramirez and Maria Del Carmen regarding the dust
blowing Resolution noncompliance regarding their property located on WCR 65 and 78. The Board of
County Commissioners will consider the matter at its June 28, 2006, 9:00 a.m., meeting at the Weld
Centennial Center, 915 10th Street, Greeley, Colorado. I will forward your letter dated May 23, to
the Board for the hearing. If possible could you go by the property before June 28, to see if there are
any changes that need to be presented to the Board. Also, the Board would appreciate having a
representative attend the meeting, if possible.
Please feel free to call me at(970) 356-4000, ext. 4394, if you have any questions or comments
regarding this letter or the enclosed.
Sincerely,
Craig A. mi
Assistant Weld County Attorney
Enc.
pc: Clerk to the Board
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.••••4 WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
ID
C GREELEY, CO 80632
IWEBSITE: www.co.weld.co.us
WI O PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
June 16, 2006
Stephen and Lynne Lyons
37701 County RD. 65
Galeton, CO 80622
RE: Soil Blowing Complaint Hearing Scheduled for
June 28, 2006
Dear Mr. and Mrs. Lyons:
This letter is to confirm that the Board of County Commissioners of Weld County, Colorado, will
consider the noncompliance of the Resolution regarding soil blowing from property located in the NE'/4
of Section 29, Township 7 North, Range 64 ., Weld County, Colorado, lying west of and adjacent to
Weld County Road 65 and South of and adjacent to Weld County Road 78. The property is owned
by Juan Ramirez and Maria Del Carmen. The West Greeley Soil Conservation District has been
informed of the Hearing. Mr. Nick Hoban of that office has inspected the property and will present
recommendations to the Board of County Commissioners as to what remedial measures may be
performed to the property to reduce and/or alleviate the soil blowing.
The Board's hearing on this matter is scheduled for June 28, 2006, at 9:00 a.m. The hearing will take
place in the Board's first floor meeting room of the Weld Centennial Center Complex, 915 Tenth
Street, Greeley, Colorado.
If you should have any questions regarding this letter or the procedure for the soil blowing hearing,
please feel free to call me at (970) 356-4000, extension 4394.
Sincerely,
Craig A. Emil
Assistant Weld County Attorney
pc: Clerk to the Board
05/23/2006 10:39 FAX 9703510392 USDA GREELEY SRV CNT Wt 003/003
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WEST GREELEY r `
CONSERVATION DISTRICT
4302 W. 9"' St. Rd.
Greeley, Colorado 80634-1398
(970)356-8097#3
nick.hoban@comcast.net www.wgscd.org
Weld County Attorney's Office
Craig Emil
915 101°Street
Greeley, CO 80632
May 23, 2006
RE: Dust Blowing Complaint
Dear Mr. Emil,
I'm writing this second letter in response to a dust blowing complaint located in the NE1/4 of
section 29, Township 7 N, Range 64 W. The property is located west of and adjacent to WCR 65
and south of and adjacent to WCR 78.
Since the last letter dated April 12, 2006, the animals have been removed and grasses and weeds
are establishing themselves on the northern part of the property holding the soil. Unfortunately,
not enough vegetation has established itself on the southern half of the property and the soil is still
able to move in high winds.
At this point the District recommends the soil on this property be roughened with a chisel plow
and a wood lath snow fence be put in place to ensure the soil stays on this property to allow the
neighbors to the south to start digging out their fences and re-establishing their pasture. This is
going to be of considerable expense to the neighbors, and that is why the District is
recommending both soil roughening and a wooden lath snow fence so they don't have to repeat
the expense.
Sincerely,
Nick Hoban
WGCD District Manager
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WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
June 16, 2006
Juan Ramirez
Maria Del Carmen
1020 37th Street
Evans, CO 80620
CERTIFIED MAIL
RE: Board of County Commissioner's
Consideration of Dust Blowing Complaint
Dear Mr. Ramirez and Ms. Del Carmen:
On Monday, April 24, 2006, the Board of County Commissioners of Weld County, Colorado,
considered the dust blowing complaints received from Stephen and Lynne Lyons of Galeton, Colorado,
regarding your property described as NE1/4 of Section 29, Township 7 North, Range 64 ., Weld
County, Colorado, located west of and adjacent to Weld County Road 65 and South of and adjacent
to Weld County Road 78. Enclosed is a copy of a letter from Mr. Nick Hoban, District Manager,
West Greeley Conservation District. Also enclosed is a copy of the Resolution form the Board of
County Commissioners form the hearing ordering you to perform measures to your property to stop
the dust from blowing therefrom.
Please be advised that pursuant to C.R.S. § 35-72-102, it is the duty of the owner or occupier of any
land in the State of Colorado to prevent soil blowing from such land.
Mr. Nick Hoban of the West Greeley Conservation District, has inspected the subject property. I have
asked him to inform the Board of the results of his inspection and any recommendations he may have
for remedial measures to be performed by the County on the property. Pursuant to C.R.S. § 35-72-
103(1), the Board of County Commissioners may order treatment of the parcel to accomplish such
recommendations. Any such treatment would be at your expense.
2006-1746
The Board will hear the matter at its regularly scheduled meeting on June 28, 2006, 9:00 a.m. The
meeting will take place in the First Floor Meeting Room, Weld County Centennial Center Complex,
915 Tenth Street, Greeley, Colorado. You may be present at the meeting in order to give testimony
relative to your noncompliance of the Resolution by the Board of County Commissioners.
If you have any questions concerning this matter, please contact this office at 356-4000, Extension
4394.
Sincerely,
Craig A. mil
Assistant Weld County Attorney
Enclosures
pc: Clerk to the Board
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