HomeMy WebLinkAbout20060130.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST JOHN HOYT 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,John Hoyt,VI#0500365,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 10th day of January, 2006, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,John Hoyt 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 February 10, 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 #0500365 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against John Hoyt 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 February 10, 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.
2006-0130
PL0824
Col PL, Wo1 - O1 -0)4-0 le-
VIOLATIONS-VI #0500365 -JOHN HOYT
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 10th day January,A.D., 2006.
Imo'- BOARD OF COUNTY COMMISSIONERS
�_�� WELD COUNTY, COLORADO
ATTEST: , n 44 i ' „u y XCUSED
� . J. Geile, Chair
Weld County Clerk to the -
� h Cir EXCUSED
1/4(41-
David E. Long, Pro-Tern
D uty Cle to the Board •
am H. Jecke
AP ED AS •
7/ Robert D. Masden
ounty Attomey u
Glenn Vaa�d�,
Date of signature: '17,3/No
2006-0130
PL0824
Weld County Violation Summary
Compliance Officer, Ann Siron
BASIC INFORMATION
Property Owner: John Hoyt
Violation: VI-0500365
Address: 18929 Hwy 392, Lucerne, CO 80646
Legal: Lot 8-10-12-14, Block 2, North Greeley, Weld County, Colorado
Location: Directly East of Hwy 85 and North of and adjacent to Hwy 392
North: Mostly Agricultural and some C-3 Zone Districts
South: Mostly Agricultural and some C-3 Zone Districts
East: Agricultural
West: Mostly Agricultural and some C-3 Zone Districts
Parcel Number: 0803-18-0-06-002
Certified mail date: December 1, 2005 Received: December 6, 2005
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 automobile parts shall be removed, restored or 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 for immediate legal action.
CASE HISTORY
September 17, 2005 Initial complaint received.
September 19, 2005 Initial inspection completed.
October 19, 2005 Five day compliance encouragement letter issued.
October 25, 2005 Property owner called and said property would be cleaned in 30 days.
October 25, 2005 Violation letter issued.
November 29, 2005 Property inspected. Property remains in violation
December 1, 2005 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2006-0130
Z
DEPARTM f OF PLANNING SERVICES
t;L:, North Office
Code Compliance 03
918 10th Street, Greeley, 80631
WWW.CO.WELD.00.US
W.CO.W ELD.CO.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
December 1, 2005
Mr. John Hoyt
18929 Hwy 392
PO Box 162
Lucerne, CO 80646
Subject: VI-0500365, Lot 8-10-12-14, Block 2, North Greeley, Weld County, Colorado
Dear Mr. Hoyt:
•
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on January 10,2005 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:
During a visual inspection conducted on November 29, 2005 it was noted that
substantial progress has been made in the effort to bring your property into compliance.
I am setting the hearing out 30 days to allow a little additional time for you finish cleaning
the property.
The "Noncommercial Junkyard" consisting of several remaining derelict vehicles and
auto parts shall be removed, restored or screened from all adjacent properties and all
public road right-of-ways.
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: vehicle that is inoperable (unable to mo• :nder it's own
power); is partially or tot0,ry 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 42-3-102,42-3-138 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 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.
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 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,
Ann Siron ��JJ
Zoning Compliance Officer
pc: VI-0500365 SENDER: COMPLETE THIS SECTION COMPLETE T!;;.3:ECTION ON DELIVERY
Department of Plan
Bruce Barker, COUP, ■ Complete items 1,2,and 3.Also complete ignature j, "
item 4 if Restricted Delivery is desired. / Agent
■ Print your name and address on the reverse X ❑Addressee
so that we can return the card to you. B.Received by(Print Name) C. Date of Delivery
• Attach this card to the back of the mailplece A. .. ��, t 12 5-d
or on the front if space permits. lll��l
13.-Ts delivery address different from hem 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
JOHN HOYT
PO BOX 162
18929 HWY 392
LUCERNE, CO 80646 3. Service Type
Certified Mail 0 Express Mail
.7 :-.' O Registered O Return Receipt for Merchandise
0 Insured Mall 0 C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7004 2890 0003 5709 4022
(Transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
I
o
14 Weld County Department of
Planning Services
Inspection Report
91810`h St
COLORADO
Greeley,CO 80631
Date of Inspection: `,i '(\(;)
•
•
Permit/Case No.: V (50 t.r
Property Owner Name: t.A" .
Address: I `1 r_ l
Upon a(visual)(on-site)inspection of the property listed above,the following items
•
were noted:
•
•
:,-10-1 ( cY; '77)
Inspection by: L -{ A Contact Narne: / 1. , ..r
Contact Phone Number: 970-353-6100,Ext.3555
Copy of this inspection a on �.
Pictures taken during inspection: L'1'es ❑No
t . •
DEPARTMENT Of LANNING SERVICES
0 North Office
ctit:( 3, Code Compliance Division
4 918 10th Street, Greeley, CO 80631
♦j1 Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
I 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
October 25, 2005
Mr. John Hoyt
18929 Hwy 392
PO Box 162
Lucerne, CO 80646
Subject: VI-0500365, Lot 8-10-12-14, Block 2, North Greeley, Weld County, Colorado
Dear Mr. Hoyt:
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. "Noncommercial Junkyard"
To bring your property into compliance with the Weld County Code:
The"Noncommercial Junkyard"consisting of several derelict vehicles, car parts,tires, scrap
metal/iron, wood, fencing material and miscellaneous debris 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 r3gistered 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: , vehicle that is inoperable(unable to move u r 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 42-3-102,
42-3-138 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 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.
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 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
October 25, 2005, 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-0500365
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
Kita 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
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
October 19,2005
Mr. John Hoyt
18929 Hwy 392
PO Box 162
Lucerne, CO 80646
Subject: VI-0500365, Lot 8-10-12-14, Block 2, North Greeley, Weld County, Colorado
Dear Mr. Hoyt:
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,car parts,
tires, scrap metal/iron, wood, fencing material and miscellaneous debris.
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-0500365
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
,
O
O
I f IW' Weld County Department of
• Planning Services
Willie Inspection Report
OO OSADO 91810`° St
Greeley, CO 80631
Date of Inspection: 7/ - /`7 -i''_`7
Pemiit/Case No.: V I "" `' - a ''1.�r
Property Owner Name: JO!, , 1 17
Address: / icc.-) 0 4 ,`/, -77;
Upon a(visual)(on-site)inspection of the property listed above,the following items
were noted:
Ce .(t '( 4i( j✓_( tOi of J `e(/(.Ct_ (J
C'(G 1 i:1' l f:J
5/46.p /)1.6 Tic ( /f ir;l
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Liz - ''� ;b.—(.,tj
�+ l.iCrr n Sc';(-/�Inspection by: 5 Contact Name:
Contact Phone Number:970-353-6100,Ext. 3555
Copy of this inspection vkaa___9-W_
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\Z Pictures taken during inspection: Ye�n 'te a n:
s O No
tre;...":,
DEPARTMENT OF PLANNING SERVICES
wipe
Code Compliance Division
918 10th 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: VI (OS
ZONING CODE COMPLAINT 0 Staff/Name: Citizen 0 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: /
Pending Case#(i.e. USR,S� RE, SE, ect...): 7 `
Legal Description: L.S/O 1A/L/7 �'�i /-7\• h2r eJ2/ Parcel#: O7O�,'/l 8 -0 -062-60;;L
Violation Address: It9,:≥6 I//C'I y/ .-3 pr Lt (, 9 TO/ /,
Property Owners Name: �rn4� f'"j7Q1-L�f Phone:
Property Owners Address: Po .[Jl'Dff �COa
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: �p �Oj te �L�J '� 03tAL- .d
Additional Notes:
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1262086 Parcel#: 080318006002
Tax Area: 0226 Bordering County: v r -p' 31.4,6
Acres: 0.31
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
06 -65 - 18 -0 NORTH GREELEY - 2 - 8
Owners Name&Address: Property Address:
HOYT JOHN S Street: 18929 392 HWY
PO BOX 162 City: WELD
LUCERNE, CO 80646
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception#
5/9/1997 $48,500 WD 2547490
Legal Description
13702 L8-10-12-14 BLK2 NORTH GREELEY SITUS: 18929 392 HWY WELD 80646
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Square Feet 13381
Land Subtotal: 13381 $37,467 $2,980
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
1 Residential
Improvements Subtotal: $155,597 $12,390
Total Property Value $193,064 $15,370
Building Details
Account#: R1262086 Parcel#: 080318006002
Owners Name&Address: Property Address:
HOYT JOHN S Street: 18929 392 HWY
PO BOX 162 City: WELD
LUCERNE, CO 80646
Building# Property ype
1 Residential
Individual Built As Detail
Built As: 2 Story Year Built: 1889
Exterior: Frame Siding HVAC: Forced Air
http://maps.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=08031... 10/19/2005
Identify Results Page 2 of 2
Interior Finish: Drywall Built As SQ Ft: 2208
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=08031... 10/19/2005
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WARRANTY DEED
THIS DEED. Made this 9th day of May ,19 97 ,
between Leonard F. Arnendola
of the County of°GW�eldC?f�' and State of Colorado
grantor,and John'Hoyt
whose legal address is 18929 Weld County Road 392, Lucerne, CO 80646
of the County of Weld and State of Colorado grantee:
WITNESSETH,That the grantor.for and in consideration of the sum of FORTY EIGHT THOUSAND FIVE
6 HUNDRED AND NO/100
vo DOLLARS.($48,500.00 ),
en the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents
CV
0 does grant,bargain,sell,convey and confirm.unto the grantee,his heirs and assigns forever,all the real property together with
o
-- improvements;if-any,situate,lying-and-being imWe County of Weld ,and-State-of Colorado; -
described as follows:
Lots 8, 10, 12 and 14,
Block 2,
,n Town of North Greeley,
os County of Weld, State of Colorado
w
ca
•
•
also known by street and number as 18929 Weld County Road 392, Lucerne, Colorado 80646
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,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
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,be 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,bens, taxes,assessments,
encumbrances and restrictions of whatever kind or nature soever,except for taxes for the current year,a Hen but not yet due
or payable,easements,restrictions,reservations,covenants and rlghtsroUway of record,If any, ,
. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceableposses-
sion of thsyrsmie,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.
The singClarriuritber shall include plural,the plural the singular,and the use of any gender shall be applicable to all genders.
IN W tNES� wI .OF, tor has executed this deed on the date set forth above.
`' �.
L nor ctX//
-• F. Amen of
STATE OF COLORADO )
)as.
COUNTY OF WELD )
The foregoing instrument wasacknowledged before me this 9th day-of. May ,19.97 ,by.
Leonard F. Amendo la r.;.f
My Commission expires: July 15, 19 7{: t . adimess y d and official s
CAnR,F (� fin
WALKER 4.4.I t ( L—
d}.•t Wr Notary Public
'.fQ\•. .%�'G�a,Qrie walker
Asauapwo 'In G.C:r r
WARRANTY DEED(for Photographic Record)
Hied O023461A97
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