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HomeMy WebLinkAbout20062142 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TROY WITHERALL 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,Troy Witherall, VI#0600209, 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 8th day of August, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Troy Witherall 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 October 8, 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 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 #0600209 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Troy Witherall 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 October 8, 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 to bring the subject property into compliance. 2006-2142 PL0824 Pfi ; /G, viol_ 6g-- VIOLATIONS -VI #0600209 - TROY WITHERALL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of August, A.D., 2006. `f BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLORADO A ATTEST: & ° � 1 . J. ile, Chair Weld County Clerk to the Bo4[c ft'y c�4 c 4L d C " David E. Long, Pro-Tem BY: /ti Dept Clerk tb'the Board Willia Jerke AP O D AS TO FO Robert D. Masden -'C unty Attor ey EXCUSED Glenn Vaad It Date of signature: ( I O(C, 2006-2142 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Troy Witherall Violation: VI-0600209 Address: 39642 Blvd A, Eaton, CO 80615-9532 Legal: Lot 31-33, Block 18, Camfield, Weld County, Colorado Location: West of and adjacent to CR 51 and approximately% mile South of Hwy 14 North: Agriculture South: Agriculture East: Agriculture West: Agriculture Parcel Number: 0711-18-0-08-011 Certified mail date: July 6, 2006 Received: July 11, 2006 Currently the property is in violation of Chapter 23, Article III, Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. REMEDY To bring the property into compliance the"Noncommercial Junkyard"consisting of several derelict vehicles and wood piles shall be removed, restored or completely screened from all adjacent properties and public rights-of-way. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office, but delay legal action for 60 days. CASE HISTORY May 17, 2006 Initial complaint received. May 17, 2006 Five day compliance encouragement letter issued. May 25, 2006 Violation letter issued. July 5, 2006 Property inspected. Property remains in violation. July 6, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. August 2, 2006 Property owner came in and requested a 60 day extension. • 2006-2142 DEPARTML..T OF PLANNING SERVICES (ttie North Office rat Code Compliance y, CO8 631 /T�1 918 10th Street, Greeley, C 80631 WWW.CO.WELD.CO.US ll 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 July 6, 2006 Troy Witherall 39642 Blvd A Eaton, CO 80615-9532 Subject: VI-0600209, Lot 3-33, Block 18, Camfield, Weld County, Colorado Dear Mr. Witherall: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on August 8, 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 23-3-30.1 "Noncommercial Junkyard" To bring the property into compliance: The "Noncommercial Junkyard" consisting of several derelict vehicles and wood piles shall be removed, restored or completely screened from all adjacent properties and public road right-of-ways. The household trash shall be removed. NONCOMMERCIAL JUNKYARD: An area where nay 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 valid registration with the State, as required by Section 42-3-103,42-4-138 or 42-12-102, 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 ott rise not equipped in Sections 42-4-202 to !-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. 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; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. 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. Sincerely, S �jNp 'n`�� l�O Ann iron Zoning Compliance Officer pc: VI-0600209 Department of Planning Services Bruce Barker, County Attorney SENSE': CeM•LETE THIS SECTUN C•M•LETE THIS SECTI•N •N •ELIVE•V • Complete items 1,2,and 3.Also complete A. Signatu Rem 4 if Restricted Delivery Is desired. / Agent X • Print your name and address on the reverse � i Addressee so that we can return the card to you. B. Received by •noted Name) to of Delivery • Attach this card to the back of the mailpiece, I Ui era/ L)C or on the front if space permits. L D. Is deli - address different from Item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No TROY WITHERALL 39642 BLVD A EATON, CO 80615-9532 3. Service Type XXUCertifed Mail ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. I ` i i 4. Restncted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 1160 0001 4537 8561 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 YWeld County Department of g Services Inspection Report COLORADO91810`"St • Greeley,CO 80631 Date of Inspection: /- ` - . Permit/Case No.: V I - I Property Owner Name: t I.. 1L.i 't t i• t, "`j Address: ""L51 L `r _, i i)47 Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: 'l e; ! e /1 C' ' !L 11! • Inspection by: ( ( Contact Name: ij i i i t 1 / IL— ..J Contact Phone Number:970-353-6100,Ext.3555 Copy of this inspection wac fl r eft oon Sit O Mailed-o" .` Pictures taken during inspection: O Yes tbl No Weld County Department of C Inspection o Services Report (:OLORADO 918 10th St Greeley, CO 80631 Date of Inspection: FP- r: 1/7--) ( Y Permit/Case No.: \J i Property Owner Name: ; s 1 f. i�'�, _.- • I. t Address: 4; I r t l, )., ��tY I A Upon a(visual)(on-site)inspection of the property listed above, the following items were noted:Inspection by: Contact Name: ` .; V. • Contact Phone Number:970-353-6100,Ext.3555 Copy of this inspection was: on Pictures taken during inspection: O Yes el No DEPARTMENT OF PLANNING SERVICES a 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 ' Phone: (970) 353-6100, Ext. 3566 CFax: (970) 304-6498 O Southwest Office • 4209 4 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 WELD COUNTY ZONING VIOLATION NOTICE May 25, 2006 Troy Witherall 39642 Blvd A Eaton, CO 80615-9532 Subject: VI-0600209, Lot 3-33, Block 18, Camfield, Weld County, Colorado Dear Mr. Witherall: 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 several derelict vehicles and household trash shall be removed, restored or completely screened from all adjacent properties and public rights-of-way. 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 owner 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 oection 42-3-103,42- 4-138 or 42-12-102, C.R.S., and/or then 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 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. 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; used tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in their existing condition. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. 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 May 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, Gut iii.Acuu Ann Siron Zoning Compliance Officer pc: VI-0600209 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES ‘Itss.„ 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 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 May 17, 2006 Troy Witherall 39642 Blvd A Eaton, CO 80615-9532 Subject: VI-0600209, Lot 3-33, Block 18, Camfield, Weld County, Colorado Dear Mr. Witherall: 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 large piles of household trash and several derelict vehicles. 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, a/C.401U' Ann Siron Zoning Compliance Officer pc: VI-0600209 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY a 1 DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division C 918 10th Street, Greeley, CO 80631 WI O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: - t-NIONC l ifr-ZONING CODE COMPLAINT 0 Staff/Name: Citizen 0 Other fa 1 EALTH DEPARTMENT Citizen's Name(If known): WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): El BUILDING CODE COMPLAINT D PUBLIC WORKS/PEST& WEEDS Date Complaint was received: 5 -11-Ott Pending Case#(i.e. USR,RE, SE,ect...): C511‘ Legal Description: L31 —33, E\tt$� VU C1 Parcel#: U11‘' � p' O- pi5`O,l Violation Address: '� -rat B .,fl � edra CO % u S_ Property Owners Name: ✓La_is oned.9. Phone: Property Owners Address: 111 ��• Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: Additional Notes: �(��j`l , OJ\ Un , Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0930901 Parcel#: 071118008011 Tax Area: 0205 Bordering County: Acres: 0.4981 '0(PCX)ACFA Township Range Section Quart. Sec. Subdivison Name Block* Lot# 07- 64 - 18 - 0 • CAMFIELD - 18 - 31 Owners Name&Address: Property Address: WITHERALL TROY D& Street: 39642 BOULEVARD A WELD 39642 BOULEVARD A City: WELD EATON, CO 80615-9532 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 5/23/2002 $0 QCN 2961645 Legal Description L31 THRU 33 BLK18 CAMFIELD SITUS: 39642 BOULEVARD A WELD 00000 Land Valuation Summay Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Site Land Subtotal: $19,500 $1,550 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed 1 Residential Improvements Subtotal: $90,296 $7,190 Total Property Value $109,796 $8,740 Building Details Account#: R0930901 Parcel#:071118008011 Owners Name &Address: Property Address: WITHERALL TROY D & Street: 39642 BOULEVARD A WELD 39642 BOULEVARD A City: WELD EATON, CO 80615-9532 Building# Property Tvoe 1 Residential Individual Built As Detail Built As: Modular Year Built: 2001 Exterior: Frame Hardboard HVAC: Forced Air http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07111... 05/17/2006 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1280 # of Baths: 2 Roof Type: Gable #of Bdrms: 3 Roof Cover: Composition Shingle #of Stories: 1 Rooms: 4 Units: 1 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.merrick.com/W ebsite/W e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=07111... 05/17/2006 ‘jt-o(Qoo t n yr,y3 a7 5 ''3a x d : ' € .%C Ft;T 143 1; �I t sn. 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"Sat"Tsulmmoto Reception No. Recorder Quit Claim Deed THIS DEED is a conveyance from the individual(s),corporation(s)or other entily(ies)named below as GRANTOR to ' the individual(s)or enlity(iee)named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. ' . The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: Grantor: low.n.mem end pawl0 a maiden..o u„,pewn of da e.n..weaa'.Ma e a non o.ed m alus.had.bad lWMS.Malty husband.d.s.l Troy D. Witherall and Richard J. Duncan Grantee: (Ow nano®.a ddas.e.l.e°t.r.nIw.dal.,analog aeebue load or mew mina...required Troy D. Witherall and Richard J. Duncan and Shirley K. Duncan Form of Co-Ownership: lu u.r...rsa mom...Ins mood....y.al w aneaw.d Iel...0 en.nu a mm.rwn enl..an..°1°•reran Moats'er .ad.u S.eaem mowing w..add m ra 1900 boar) Joint tenants Property Description: fnadasmmnar.d.°..l Lots 31 through 33, Block 18 Townaite of Cornfield, County of Weld, State of Colorado Property Address: 39637 County Road 51, Eaton, CO 80615 aa Reservations-Restrictions; (It...GRANTORnan.b,esnu..ny oaf enn n.w..r e S eca.YM.nIWM»aa.msas GRANTOR a maaY.rha GMNTEE'S nada in M.properly.moo apwowW.Mctuon I Executed t„ Grants on May 23 M 2002 aerWu•Claus.l MWMdudls): tigrwlur.Couto log Corponllon.Patnsnhtp a Association: / � Nome of Grantor: Corporation.Porearahlp or Association rOy . F(itt ral —u�./,6/ Grantor or cram p,Richard J. 1]Slaeguta„...` fir... By f/ ' •..... h•;;.. Gronlcr �f :Cr* r Athol' .C 1 4i::•" ��I COL.:'W,v:. , rJ STATE OF COLORADO ) COUNTY OF Weld ) u' Tr..,a pal Indianan was a lnwA.dpedbolasm..d, 23rd daft RsDS- t571 2002 BY Troy D. Witherall and Richard J. Duncan • pay..arc mmiMda.dalllakdM�Y+ {B3 . - I//l , � • C STATE OF s) s. Potts COUNTY OF ss. The wapehW loboef rl vm ackavaa.[pWlMarn MID MO day of .14 er' f nano ap.ia a,a Gbidrco w n Gaio-YcapauYat Nbwn\p or/.mG9aa Ilwr'SOW.prow of Vedas,a Nc9 pwd.n aid teCarw a mlaux aonw of calvalam,a s pam.rte)a s anrtant.d mane.°)of amdwtl WINESR my hand and omcs teal. My coMmiMan espM.s: celery Public CAMFIELD III I\ \ y,l ,II }4 , \t 'll,11 II III I � �' ii I }1 , ', , blvd A 1 ti " 1 14ir I II I,ill I 4 \ I, k r—Blirl-13-S1\ I1' i 4 4� i WITHERALL, TROY 1 ,\ 1 VI-0600209 ' Main St II 1 I VIII \ 1 I, Blvd E 5 Ei �5 t II , � i---- --- F --- F ir . iI C. 11 ' 1 4 II �(� ,1 I - - I • I i , : ; \ - . . a I.3 ,c-- I . ,,, .......• • ,,, . _ ---4_ -1 r -:.fi _ , _� =y ="` r _= :. -�Jry(y r • 41* _ so•�, . • ibr Hello