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HomeMy WebLinkAbout20063381 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MICHAEL AND KIMBERLY MARICK 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, Michael and Kimberly Marick, VI #0600391, are 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 14th day of November, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, at which time this matter was continued to December 12, 2006, to allow adequate time for the property owners to be notified of the violation hearing date. WHEREAS, on the 12th day of December, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation,and WHEREAS, Michael Marick, property owner, was present at said hearing, 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 12, 2007, to allow adequate time for the property owners 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 #0600391 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Michael and Kimberly Marick 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 12, 2007, to allow adequate time for the property owners to restore, remove or screen the noncommercial junkyard from all adjacent properties and public rights-of-way to bring the subject property into compliance. 2006-3381 PL0824 CO : PL WL -O -c2 VIOLATIONS - VI #0600391 - MICHAEL AND KIMBERLY MARICK PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of December, A.D., 2006. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, LORADO ATTEST: j E�a /!G � `'� '"��111 eile, Chair Weld County Clerk to the ,` -} ,a '5 avid E. Long, Pro-Tem BY: o Dept Clerk t e Will H. Jerke APP AS TO F � Q Robert D. Mas en un y Attorn y EXCUSED Glenn Vaad Date of signature: I L1107 2006-3381 PL0824 b DEPARTML...T OF PLANNING SERVICES North Office Code Compliance Division 918 10th 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, Ext. 3566 C Fax (970) 304-6498 Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720) 652-4211 October 25, 2006 Michael & Kimberly Marick 2205 E 18th St Greeley, CO 80631 Subject: VI-0600391, Lot 8, Part of the NW4S4 of Section 10, T5N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Marick: • The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on November 14, 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: The"Noncommercial Junkyard"consisting of several derelict vehicles 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 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 VEHICELS. If the Zone district allows, the NONOCOMMERCIAL 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 42-3-103,42-3-138 or 42-12-102,C.R.S.,and/or the number plate assigned to 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 2006-3381 road rights-of-way or c wise not equipped with lamps and othc auipment, as required in Sections 42-4-202 to 42-2-227, C.R.S> This definition snail 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. Sincerely, US.Postal Service TM CERTIFIED MAI RECEIPT o (Domestic Mail Only;No Insurance Coverage Provided) v Ann Siron F•r •elivery tnt•rmeti nvisit ur we•site atwww.us•s.c Zoning Compliance Officer m u) pc:VI-0600391 Postage $ Department of Planning Services o Certified Fee Bruce Barker, County Attorney R o stu em Postmark Receipt Fee Here (Endorsement Required) 9.- se Delivery Rlvery Fee - (Endorsement tictedDlivery Required) ri d� Total Postage&Fees $ O Sent To r r .:ll .�\__ -4 Jt bt(L Cjar i N Street,Apt.No.;di - l-� orPC Box No. ___1 �1 ' S*• City.State.ZIP+a { ,e Co �s� . Weld County Department of Planning Services WuuDc. Inspection Report COLORADO 918 10`° St Greeley, CO 80631 Date of Inspection' � - f �� Permit/Case No.: V { - i yL.a Property Owner Name: ' ' J, Address: n :i, 1 �.-. ' i i Upon a(visual)(on-site) inspection of the property listed above, the following items were noted: Inspection by: Contact Name: Contact Phone Number: 970-353-6100, Ext. 3555 or Ext. 3566 Copy of this inspection was: O Left on Sire— • Pictures taken during inspection: LI2'Yes O No 1 DEPARTMENT OF- PLANNING SERVICES ( 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 liD 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 September 6, 2006 Michael & Kimberly Marick 2205 E 18th St Greeley, CO 80631 Subject: VI-0600391, Lot 8, Part of the NW4S4 of Section 10,T5N, R65W of the 6th P.M.,Weld County, Colorado Dear Mr. Marick: 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, possible derelict boat 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 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: M vehicle that is inoperable(unable to move uriaer 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 is not permanently attached to the vehicle, 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 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 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 September 6, 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. Sinc re Ann Siron Zoning Compliance Officer pc: VI-0600391 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES \iff: d North Office Code Compliance Division 918 10th e: Street, Greeley, CO O.0 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us I Phone: (970) 353-6100, Ext. 3566 C 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 August 30, 2006 Michael & Kimberly Marick 2205 E 18th St Greeley, CO 80631 Subject: VI-0600391, Lot 8, Part of the NW4S4 of Section 10, T5N, R65W, of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Marick: 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,possible derelict boat 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,111. Ann Siron Zoning Compliance Officer pc: Vl-0600391 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY o O Weld County Department of Planning Services rnI O Inspection Report COLORADO 91810`"St Greeley, CO 80631 Date of Inspection: V" CU- Permit/Case No.: I — rC(7 7,x11 Property Owner Name: cc 1 C;t, Qt , c 1 , r\-Sik Address: '), .,C-) L . Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: ceci£ /Cc( C?IPccrc( v (/ Hcc_ ir-1 `_.1_`• ; / ( t� l . C t r' t C' • n Inspection by: ,� ) Contact Name:l '{ ,t i1 ) i ‘ Contact Phone Number: 970-353-6100,Ext 3555 Copy of this inspe Pictures taken during inspection: O Yes effi/ 3 ale f t Weld County Department of is Planning Services Inspection Report COLORADO 918 10th St Greeley, CO 80631 Date of Inspection: f `CL, Permit/Case No.: V " N..000 j"'i 1 Property Owner Name: Address: 290,5 ( , . 1 ti1 7* Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: 1 A(A A-C) t, l.. l ``-r,1 1 (om} (`. �.•t i =! f ('h,y'l ',) '� l � . �� 1. t.„j-.{.1..��• Inspection by: 0 J Contact Name: \_,1� +v �`l i lk Contact Phone Number:970-353-6100,Ext.3555 ��� Copy of this inspection w • on rte �❑Mailed on: Pictures taken during inspection: ❑Yes g Coo ct141 DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division 918 10th Street, Greeley, CO 80631 C Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: \i t'0 1600 \ �ZO.NING CODE COMPLAINT ❑ Staff/Name: Citizen ❑ Other: 1 ❑ 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: 1'4:0Lp Pending Case#(i.e. USR,RE, SE, ect...): oo Legal Description: L4 1 ,�qq 145.1 �{�t^(\��'S " 10"J - n . . 'Paar+ceell#: 101 IC)"t� Violation Address: aalso 6. ll( " " ^r4, (r .�,.,�(.��t' CL ] go t03‘ D3, Property Owners Name: Lk It-theft!4 �t l'.! YAt.\ mar,( C.t.. Phone: Property Owners Address: Tenant's Name: - Phone: Tenant's Address: ,.( ,,1 y ,, n 1_ , r. n. ` NATURE OF COMPLAINT: C\QS'QU.e N�t7\fix . bc[1tS • Additional Notes: �� Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R3369786 Parcel#: 096110400012 Wrattraettg attlana,a.PAMVa Tax Area: 0685 Bordering County: V 1' OUi UI.J� \ Acres: 5 Township Range Section Quart. Sec. Subdivison Name Block#Lot# 05 - 65 - 10 -4 UNION COLONY LANDS - - 8 Owners Name &Address: Property Address: MARICK KIMBERLY L&MICHAEL D JR Street: 2205 E 18 ST GREELEY 2205 E 18TH ST City: GREELEY GREELEY, CO 80631 Business/Complex: • Sales Summary Sale Date Sale Price Deed Type Reception# 9/4/1992 $75,000 02302862 Legal Description 12378 L8 NW4SE4 10 5 65 SITUS: 2205 E 18 ST GREELEY 80631 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 5 Land Subtotal: 5 $110,000 $8,760 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Mobile Home Improvements Subtotal: $37,125 $2,960 Total Property Value $147,125 $11,720 Building Details Account#: R3369786 Parcel#: 096110400012 Owners Name &Address: Property Address: MARICK KIMBERLY L& MICHAEL D JR Street: 2205 E 18 ST GREELEY 2205 E 18TH ST City: GREELEY GREELEY, CO 80631 Building# Property Type 1 Mobile Home Individual Built As Detail Built As: Double Wide Year Built: 1991 Exterior: Lap Siding HVAC: Forced Air http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?Cmd=QUERY&DET=PP&pin=0961... 08/30/2006 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1296 # of Baths: 2 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 0 Rooms: 6 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Mobile Home Details MH Make M_H.Length MH Width Titan 0 0 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0961... 08/30/2006 • • .;......9... ... m , ... .., . ... . . . 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I'll Ill I �i E ° a. 1. A E ,. mi -t : ..._, .tF ESSE!7SitE•.:::S:!::'ili,:':.:.:.::'r,::•:':::::••,••••• n 1350 REC 02302362 09/08/92 16:19 $5.00 1/001 AR23D2ae2 F 1124 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO c .`Warrrarlty`Deed THIS DEED is a conveyance of the real properly described below,including any improvements and other appurtenances (the "property")Irom the individual(s),cOrporatlon(s),partnership(,),or other entity(ies)named below es GRANTOR to the individual(s) or entity(ies)named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and'be GRANTOR warrants the title to the property, except lorry)the lien of the general property taxes for year of this deed,which the GRANTEE will pay(2)any easements and rights-of-way shown of record(3)any patent reservations and exceptions(41 any outstanding mineral interests shown of record(5) any protective covenants and restrictions shown of record,and(6)any additional matters shown below under"Additional Warranty Cx cc p1 io n5 , 'The Specific Terms of Thls Deed Are: Grantor. (Give name(al and pleads)01 r esdencei II IM spouse of the owner-grantor Is Joining In this Deed Ioreleeve homestead rights.identity gra piers as husband end wile.) ALICE M. WARDEN 2113 E. 18TH STREET Greeley, CO 80531 Grmlee: (Give enamels)and address(es):statement of address,including available road or street number.is required) • KIMBERLY L. MARICK and MICHA3,D. MARICK, JR. 2205 E. 18th Street b; Greeley, CO 80631 � 1s Form of Co-Ownership: (Inhere are two or more grantees named,they will be considered to toke ac tenants in common unless the words"in 1 1'5 V to int tenancy"or words Cl the same meaning are added in me apace below.) Joint Tenants Property Description: (include county and Vale.) Lot 8 of the NW 1/4 of the SE 1/4 of Section 10, Township 5 North, Range 65 West of the 6th P.M., according to the subdivision of lands by the Union Colony of Colorado, City of Greeley, Weld County, Colorado, together with perpetual access easement over the Southerly 20 feet of Lot 7 of the NW4 of the SE$ of Section 10, Township 5 North, Range 65 West of the 6th P.M. STATE DOCUMENTARY FEE Date 9A/9 SO Property Address: 2205 E. 18th Street, Greeley, CO Consideration: (The statement of a dollar amount is optional:adequate consideration for this deed will rte presumed unless I'is conveyance is identified as a gin:in any case this conveyance is absolule final and unconditioned I SEVENTY FIVE THOUSAND AND NO/100 DOLLARS ($75,000.00) Resereallons-Resleetions: 01 the GRANTOR intends to reserve any interest in me property or to convey less inan he owns.Or'.'the GRANTOR is restricting the GRANTEE'S right in the property.wave apprOpetale indication I R m a a Additional Waaranry Exceptions: (Inowde deeds Os trust being assumed and other matters not covered above.) EXCEPT general taxes for 1992 and subsequent years, and EXCEPT any easements, 'a reservations, restrictions and rights of way, visible or of record; and subject to building and zoning regulations. Executed by the Grantor on September 4 ,g 92 signature Clause to Corporation.Partnership or Aedoclallen: Signature Clause for Individual(s): giej,2 . Name DI Grantor Cordoratlon,Partnership or Association Alice M. Warder. Grantor By Grantor By Attest: _ Grantorr STATE OF COLORADO COUNTY.OF -Weld The toregomginitrumen,was acenowledged oetore me this 4th day el September le 92 WIT Alice M..Warden Q \ WITNESS Ybne bgll' la/16/95 / (Ar 1�L-d,-'1,-GI/-G_(.c(J MYd rrllaalonapl .oclp/16/95 NotaryDP,�bi�k srATE�F =,_ 1 ea 918 11 Av., Greeley, CO 80631 couATyor ) t ao p Tn 1 p nr-Est ��v.ras aoa owNdeed before me lnh day Of .19 BY O..i 1.�: O ? f•namejndlvld(aalorimol(syorI(Ggntoeis Corporation,Partnership or Association,men world y signeraes presidentorvice presidentandeecrelaryor assistant-ieeretan.ol tdcporatlon:or as partner(,)of partnership:or es authorized memberlet of essocle,mn.l WITNESS my hand'and official seal, My cemmla.len empiric Hillary Public P.O.eBe let . LEGAL FORMS NO.201 Bee Grecian.Colorado 60632 laoll339�11BB Di I I I lc R-3 ZONE DISTRICT - / MARICK, MICHAEL & KIMBERLY I4 VI-0600391 I n a) - >WI ili W ____ 1 1 / ' cl— 1!1 ___ R-1 ZONE DISTRICT 18th r k.��,4 �/ ' i 7,4 ii �� ��, I A ;II 1'1 �• is 5 ti� ti I 1._,' � 1,E, ,0„,,.14?•:-....,5. ..„4 :-.:-_:.:: ,,,,.,,•.,./..,...,:.,,. „ , ,,,, i ,..• . , • . tk, ,,..,,,,1,,,,,,,,.. ,I. • 17 11 gtvfti. --... > . � I` 1' jf* f r z i 9,a i. " •'tom; a Hello