Loading...
HomeMy WebLinkAbout20061838.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST IRENE MORENO 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, Irene Moreno, VI#0600153, 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 11th day of July, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Irene Moreno 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 August 11, 2006, to allow adequate time for the property owner to remove the noncommercial junkyard 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 #0600153 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Irene Moreno 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 August 11, 2006, to allow adequate time for the property owner to remove the noncommercial junkyard to bring the subject property into compliance. 2006-1838 PL0824 on , Y�L� ji�t�� D°7 VIOLATIONS - VI #0600153 - IRENE MORENO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D., 2006. BOARD OF COUNTY COMMISSIONERS ',1-, t WELD COUNTY, COLORADO y` ATTEST: �/,,{� f ' EXC SED f ,c M. J. ile, Chair Weld County Clerk to the i4 ≥.4 1 / u \ ( -'� ' � `) J �i David E. Long,\ � ,,>� g, l em / BY: _ Lam t-_ '--- / Del:0y Clerk to the Board 't ' V/-1.----/ j Will' m H. Jerke 1-2ROVEDAS _______-----° : .911 �� �_ Robert D. Masden `l Go ty'Attorney EXCUSED Glenn Vaad -7 iDate of signature: ' ?t- ��C 2006-1838 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Irene Moreno Violation: VI-0600153 Address: 25146 Grandview Way, Greeley, CO 80631 Legal: Lot 5, Grandview Acres, Weld County, Colorado Location: North of and adjacent to CR 66 and approximately'/.mile East of CR 51 North: Estate and Agriculture Zone Districts South: Agriculture East: Agriculture West: Estate and Agriculture Zone Districts Parcel Number: 0801-20-0-02-005 Acreage: 7.43 +/-Acres Certified mail date: May 31, 2006 Received Unclaimed: June 21, 2006 Received phone call on June 26, 2006 where verbal notification was given. Currently the property is in violation of Chapter 23, Article III, Division 5 of Sections 23-3-410, 23-3-420 of the Weld County Code. REMEDY To bring the property into compliance the"Noncommercial Junkyard" consisting of large piles of wood shall be removed from the property. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office, but delay legal action for 30 days. CASE HISTORY March 9, 2006 Initial complaint received. March 15, 2006 Initial inspection completed. April 6, 2006 Five day compliance encouragement letter issued. April 17, 2006 Violation letter issued. April 19, 2006 Ms. Moreno called and stated that trampoline was gone, trash picked up. She will put wood in basement and will call when this is completed. May 22, 2006 Property inspected. Property remains in violation. May 31, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2006-1838 June 26, 2006 Ms. Moreno called and stated that she was in the process of taking care of the wood pile. She said that 30 days would be a sufficient amount of time to complete. Q DEPARTMcNT OF PLANNING SERVICES North Office Code Compliance Division 918 10`h Street, Greeley, CO 80631 WWW.CO.WELD.CO.US W.CO.W ELD.CO.US ' E-mail Address:asiron©co.weld.co.us Phone(970) 353-6100, EM.3566 C Fax(970) 304-6498 M /� Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 May 31,2006 Irene Moreno 25146 Grandview Way Greeley, CO 80631 Subject:VI-0600153, Lot 5, Grandview Acres, Weld County, Colorado Dear Ms. Moreno: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on July 11, 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 23-3-30.1 "Noncommercial Junkyard" To bring the property into compliance: During an inspection conducted on May 22, 2006 it was noted that the trash and trampoline parts have been removed. It was discussed during a phone conversation on April 19, 2006 that the fencing would be moved into the basement until you are able to begin work on your property. This still has not been done. If the property is brought into compliance before July 10, 2006 then the violation hearing will be canceled. 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 tenants 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. 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; d tires and other manufactured goods tl are so worn, deteriorated or obsolete as to make them unusable in their existing condition. 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 ely, Ann Siron Zoning Compliance Officer pc: VI-0600153 Department of Planning Services Bruce Barker, County Attorney 1 '"�/ Weld County Department of h Planning Services W�`De Inspection Report COLORADO 91810`° St Greeley, CO 80631 Date of Inspection: �` , / ! ' r Permit/Case No.: )i ; • Property Owner Name: Address: 1.• .I' fI . :,`�" Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: -1764:-) p Yl r'11?( rex p fir/(^/ `s2_ C/t//7 Inspection by: Contact Name: Contact Phone Number: 970-353-6100,Ext.3555 Copy of this inspection was: ❑Left on Site O Mailed on: --.__. Pictures taken during inspection: O Yes O No DEPARTMENT OF PLANNING SERVICES Q North Office Code Compliance Division 918 i e: Street, Greeley, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us WI mite Phone: (970)353-6100, Ext. 3566 Fax: (970) 304-6498 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 Irene Moreno 25146 Grandview Way Greeley, CO 80631 Subject: VI-0600153, Lot 5, Grandview Acres, Weld County, Colorado Dear Ms. Moreno: 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 23-3-30.1 "Noncommercial Junkyard" To bring your property into compliance with the Weld County Code: The"Noncommercial Junkyard" consisting of large piles of wood, broken trampoline parts, and trash (which is blowing into neighboring properties) shall be removed. 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. .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 ...onduit or conduit fittings; used automobuic 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. 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. Sincerely, Ann Siron Zoning Compliance Officer pc: VI-0600153 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES rit a North Office Code Compliance Division 918 10th 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 D C Fax: (970)304-6498 Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 April 6, 2006 Ms. Irene Moreno 25146 Grandview Way Greeley, CO 80631 Subject: VI-0600153, Lot 5, Grandview Acres, Weld County, Colorado Dear Ms. Moreno: 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 large piles of wood, broken trampoline and trash scattered about property which is blowing into neighboring properties. 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. Sincer / .� < r A / nSiron ' Zoning Compliance Officer pc:Vl-0600153 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY C 'it *-4; \\IMO.1 Weld County Department of Planning Services wineInspection Report COLORADO 918 10`" St Greeley, CO 80631 Date of Inspection:, Permit/Case No.: ‘,/ i �C �)f) Property Owner Name: '' , i k Address: h`—) ft-4I ' -("" 4 il: D \ Upon a(visual)(on-site) inspection of the property listed above,the following items were noted: _ t� a t I k• Inspection by: i Contact Name: Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspection was: 0_1_24 n-Site o... Pictures taken during inspection: Y s O No DEPARTMENT OF PLANNING SERVICES Code Compliance Division wilDe 918 10i° Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: V ZONING CODE COMPLAINT O Staff/Name: CX Citizen ❑ 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: 5 J q Pending Case#(i.e.USR,RE, SE, ect...): /may Legal Description: � '5t Gcanci Vitt, " W 1 Parcel #: 0M\ ao-o-0a-COS Violation Address: aW1 F 5 .c �viel.e GO-64s Property Owners Name: \ 1DVtflr l Phone: Property Owners Address: C—we 00 ax \-clu' LI Tenant's Name: Phone: Tenant's Address: (� NATURE OF COMPLAINT: �rc''�`��,'1 1 4\al. Y oven"t'AtV t',Ant I>v! '\-V* Z- idti u&' V11CAC atutuno eilu lLllAsvc bt.s a i l Ve.arti O(A Sexhni Ce7 i•Vn xt C Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R8009899 Parcel#: 080120002005 rali UMtYt,M,AM 'AL4aMAAWR' W"a Q4 YiMYTRpYat✓61 MWAMWAW6t'iiY&F#RT.H:U0. MM0SYIISF.,FlNMa3SMTMWMAealt4SMHUT W l - R. ,.. Tax Area: 0220 Bordering County: Acres: 7.43 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 06 - 64- 20 - 0 GRANDVIEW ACRES - - 5 Owners Name &Address: Property Address: MORENO IRENE Street: 25146 GRANDVIEW WAY WELD 25146 GRANDVIEW WAY City: WELD GREELEY, CO 80631-9694 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 3/19/2001 $55,000 WD 2836009 Legal Description GVA L5 GRANDVIEW ACRES MINOR SUB MOBILE/MODULAR TITLE: MSO SERIAL: JAFBMEBJN390117737AB YEAR: 2001 MAKE: MAGNOLIA SIZE: 14X52 SITUS: WELD 000000000 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Site Land Subtotal: $65,000 $5,170 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $155,570 $12,380 Total Property Value $220,570 $17,550 Building Details Account#: R8009899 Parcel#: 080120002005 Owners Name&Address: Property Address: MORENO IRENE Street: 25146 GRANDVIEW WAY WELD 25146 GRANDVIEW WAY City: WELD GREELEY, CO 80631-9694 Building# Property Type 1 Residential Individual Built As Detail Built As: Modular Year Built: 2004 Exterior: Frame Hardboard HVAC: Central Air to Air http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=08012... 03/10/2006 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1596 # of Baths: 4 Roof Type: Gable # of Bdrms: 2 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 5 Units: 1 Garage: Attached SQ Ft: 576 Detached SQ Ft: Basement: Total SQ Ft: 1596 Finished SQ Ft: http://maps.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=08012... 03/10/2006 I n 1 i TIT l I' j I r \ / \ 1 771 \ i v J ; / / I 7-1 I I � �` \ u A Ni ptate �392A / ril \ L. /1„\\ !_j ) H! F I , 1 g \ r. 1 \ \ t5 y (air- il i>,i _ I \ ,,,, Vii'! it Carlton / I I 'H �I , I _ A F / —y �— 1 il/,, i 1 n \ i I I 1 F __ -- i H L. . . 1:1;-141-4 k "t a Y i s"4 � u�# �t i tic,* j9 y ' � s� �§§,, j t to ,}'aIv , Im 44 fis a o v hat } t3 t,`O { % m "� 4 i� a t .'a �C { t .>{ ��a'txy SX} rY" It 1 wt 1t y i!ii.,-61, i j3 is .�-.a { t lai i ! ' t F41 ,Fl a "� my ......................... a „ y7 �t 5 i sIr spr IIi{ e p { j �s ,� � 5`<�'_� i '�y i�'.:*1111.111r, � � o a, v, . v, 3 r �y}a at a t �'�y5fi � �{; � to > " } ,y��' � ^�^ �-•- �+! i r r Fl 1 t�.. 'f 3 z C C *G G i: ii,iiiAiiiiAii.iii,iiiiiijiii:iiiiiAA.Aii:iiii t: �. 'k.Flj a •I t Fl?y��y gg, +i i4: w �.,a `a w :. fa lj +} d�� 1114;: er dt a j ;3r .rn L Ili w t 9 to ', `'��, iG ,+i� `� it y9 t �i.i w n. �n r.+1 p.�. -.. �.I. (.p, .,,� �, S W i lil 41R4Fw� w M: 9 a k:! CL i 5± T: N is 3 O �I i .p II II ,^I .���as � ¢ �"�`� �� �y , {{ -i'' p ',E 9 � Z �N, �F 5� } '���Q O � p ...1 l..! p vti F - F F Fl i I v . � r�_!! �. {ti � 4 � }�y�•iii 4 � U ' Jiii,L � } � i A3? 154- 5 3 ! t�{ Q i .Jy i rors,v y� r i _ v r I:11 tr f '� e: s� �j �' ,,.yet 4".4 .! s �4l i t0 . ,,:`i " _ h 8i 4: 1' { a �" I{Hi 35 "i�{ I{ k i ;da �, N! 4r 'i ��Y),�''y l� :4:.,2,4,-,-.4+8T,4:92m 3. 1Y i { { ...;-„,ii lit O iyiCn Qi a gy „11-2s VIt 'n z ct ' -1 3_ � IC ! ti ii O h i 4 {y I 2 .0.. 2..,„„,... „:„. it...,{� x _� a { I �. w { n ,J, gyp {s'y6{{ s'.tllldi � o3'NF t " t N Li S'� �� s.� + s.!2 ES Q *L ..„,,it,l,i,,2z.i.::::, xa"s'�s k'' r : a '` 3{ aa�,.i �" tT �C+ i"u ai . 44'� 051,10,14 {N �I3�{di '9,441122,241,4,2.4- ,Igo ! 2024@g ,g4.2„;;;;;20;;;;, J r { tits Y{ >u o.,{ti az {i�'{ait ei . U• ` aai 1f k s id a • „:14,;;;,4240,,,144:141;c; s s ;,,, 3 S ; i k e 3 c ;ilti,;„;14.;/4;;;;41;;;;;,4 4; >::::::,:t;i:_ ;;;;;;4:4;; " s ;;;;;11. :;;;;;;•••;;;;;tiliiei I-0 ,; , , : i , n{s ;;;. ;;;-;;;;;;:;;;; j4s1 to srs {ip ' a n ,:r o a —F -i "Iz ' S r '1 c Jar a { ; �' - f :NIL'`. ' 'a C"4m' m r i r- s#4 U t � o ` I + { : ? 40 "� k9 i n v,ts O '3,? p < O $ IN' s L7 0 gcl r alli 10 FL_to.1 "e 3Ax.+ tr l ' k; e. ti m� m ITS d l i t I 3 'Q P :: �n S ::{ = RI S i ii 6 i7{3...: �� 1 ...di i 'sl 111111111111111111 ki 11111111111111111111111I1111111111111111coq2183:1 R 6.0 ( D 6.60 Weld Bounty cTosukamoto WARRANTY DEED THIS DEED, Made this 20th day of March, 2001 between Larry G. Intermill of the County of and State of Nebraska, grantor, and Irene Moreno whose legal address is 289 North 6th Avenue, Brighton, CO 80601 of the County of Weld and State of Colorado, grantees: WITNESSETH, That the grantor for and in consideration of the sum of FIFTY FIVE THOUSAND AND 00/100, ($55,000.00) Dollars, 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: Lot 5, Grandview Acres Minor Subdivision, a subdivision of the County of Weld, State %) of Colorado. also known by street and number as TBD Grandview Way, Greeley, Colorado oo et" TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his hairs 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 general taxes for 2001 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons 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. IN WITNESS WHEREOF the grantor has executed this deed on th date et forth above. Lary . Inte ill STATE OF NEBRASKA as. The foregoing instrument was acknowledged before County of } me this 19th day of March, 2001 by Larry G. Intermill Witness my hand and official seal. commission expires R- OflIBULYO1milm.atMgaW ..YY..; M70CIIERnA'7 �Q/Y{l v ` NOT Y7(R IC No. 932A. Rev. 7-84 MORENO, IRENE CC � VI-0600153 (71 CR 66 J / 1I - i' y_..wr Hello