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HomeMy WebLinkAbout20063133.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600372 AGAINST SEVERIANO AND ANDREA BRICENO 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, Severiano and Andrea Briceno, VI #0600372, 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, and WHEREAS, Severiano and Andrea Briceno were 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 deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Severiano and Andrea Briceno 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. 2006-3133 PL0824 (Y' , vii //-‘29-1) A VIOLATIONS - VI #0600372 - SEVERIANO AND ANDREA BRICENO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of November, A.D., 2006. BOARD OF COUNTY COMMISSIONERS IE Ij,a� WELD COU , COLORADO ATTEST: ,0,7„!,(-1, ; � , i L•.:,��� I ���� 1'6 4 = M. J. le, Chair Weld ounty Clerk to the .- . 4-4 t7 ��1 David E. Long, Pro-Tern BY: 2' • "y+►� Dep t Clerks the Board Will' H. Jerke AP AS TO F Robert D. Masde ounty Attor y 11P-4,C4 Gletfn Vaad Date of signature: 2006-3133 PL0824 DEPARTIC:AT OF PLANNING SERVICES a North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 WWW.CO.WELD.CO.US W.CO.W ELD.CO.US "lige E-mail Address: asiron@co.weld.co.us Phone (970) 353-6100, Ext. 3566 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 19, 2006 Briceno Severiano 4633 Zion Dr Greeley, CO 80634 Subject: VI-0600372, Lot 2, Block 12, Hill-N-Park, Weld County, Colorado Dear Ms. Severiano: 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 Ill, Div 2 "Residential Zone Districts" Section 23-3-150 "R-5 (Mobile Home Residential)Zone District" Section 23-3-150.8 "Uses Allowed by Right" Section 23-3-150.C "Accessory Uses" To bring the property into compliance: All vehicles on the property shall maintain current tags and remain in running condition; otherwise they shall be removed from the property. Evidence of current registration shall be submitted to the Department of Planning Services or an inspection shall be schedule at the point in time where current tags have been obtained. 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 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. 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. 2006-3133 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. Sincere) , U.S. Postal Services, m CERTIFIED MAIL,., RECEIPT D' (Domestic Mail Only;No Insurance Coverage Provided) f•r•elivery inf•rmati•n visit•ur we•site at vrww.us•s.c•m:Ann Siron r` Zoning Compliance Officer " x pc: VI-0600372 P° e $ ,a Department of Planning Services O Certified Fee O Bruce Barker, County Attorney a Return Receipt Fee - P ere k (Endorsement e Required) Here Restricted Delivery Fee A (Endorsement Required)r9 Total Postage S Fees $ Lc? o Sent 7o ^ r` Sheaf4 Norian° SLo_eraart or PO Box No. LiitfaE Zion .�G City,State,ZIP,4 rce O 806,S SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 If Restricted Delivery is desired. ` �. O Agent • Print your name and address on the reverse X }1-Vw ^C 4-1/4---) ),C ,`A.1/-\', O Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? O Yes If YES,enter delivery address below: O No Bri cat Scoertano zi/pES 7.--AbIdtot4��Pla�nniing Deprtment Greeley Co ¶5R[gE /JFFHCE 3. vice Type ! '3 ; 70Q6, , g Certified Mail O Express Mail Registered O Return Receipt for Merchandise R ,¢ O Insured Mail O C.O.D. v C E E 1. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1160 0001 4537 9063 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-4-1540 U � i Weld County Department of 1 Planning Services timeInspection Report COLORADO 918 10"' St Greeley, CO 80631 Date of Inspection: - PermibCaseNo.: —(")19005. • Property Owner Name: __Deoe',-", -Y1 LP it-fl- Address: Lk\-f 5 , -71- Upon a(visual)(on-site)inspection of the property listed above,the following item were noted: k 0 IC Dir. , ,t : Inspection by: ` �_) Contact Name: i, t≤I\t Contact Phone Number: 970-353-6100, Ext. 3555 or Ext.3566 Copy of this inspection w Pictures taken during inspection: t Yes O No DEPARTMENT 01- PLANNING SERVICES 6 North Office Code Compliance Division !' 918 i 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 CFax: (970) 304-6498 O e Southwest Office COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 WELD COUNTY ZONING VIOLATION NOTICE August 28, 2006 Severiano&Andrea Briceno 4633 Zion Dr Greeley, CO 80634 Subject: VI-0600372, Lot 2, Block 12, Hill-N-Park, 2n° Filing, Weld County, Colorado Dear Mr. & Mrs. Briceno: 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 2 "Residential Zone Districts" Section 23-3-150 "R-5 (Mobile Home Residential)Zone District" Section 23-3-150.8 "Uses allowed by Right Section 23-3-150.C "Accessory Uses" To bring your property into compliance with the Weld County Code: 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 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 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 requireu 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. 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 August 28, 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. Sincer I�Jr Ann Siron Zoning Compliance Officer pc: VI-0600372 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES North Office Code Compliance Division 918 1 Street, Greeley, CO 80631 Website:e: WWW.CO.WELD.CO.UO.US E-mail Address: asiron@co.weld.co.us ID D Phone: (970) 353-6100, Ext. 3566 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 21, 2006 Severiano &Andrea Briceno 4633 Zion Dr Greeley, CO 80634 Subject: VI-0600372, Lot 2, Block 12, Hill-N-Park, 2nd Filing, Weld County, Colorado Dear Mr. & Mrs. Briceno: 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 two derelict vehicles and a stack of tires. 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, Gila_1:AO4c Ann Siron Zoning Compliance Officer pc: VI-0600372 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY f t44; Weld County Department of Planning Services O Inspection Report COLORADO 918 10`° St Greeley, CO 80631 Date of Inspection: t j ,( _ - Permit/Case No.: ' Property Owner Name: Address: ' ' .7 Upon a(visual)(on-site)inspection of the property listed above, the following items were noted: ( ' : / . ,'j • , ) c ' (Inspection by: Contact Name: (✓/i r; —'r ; • Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspection Pictures taken during inspection: O Yes iaNire DEPARTMENT OF PLANNING SERVICES Code Compliance Division C 918 10th Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: v I -Ot0003`Ia ® ZONING CODE COMPLAINT 0 Staff/Name: 0 Citizen 0 Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): D BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST& WEEDS ry � Date Complaint was received: — n- IJ�K Pending Case#(i.e.USR,RE, SE,,ec`t....): �q Legal Description: ) , �1t ., �'R 'IV . Parcel#: CCI 1—DLO I` 'GI9 Violation Address: i33 Zion tr. _J1 Property Owners Name: 5 ti L( CL(1G !Px' ( °O Phone: Property Owners Address: Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: '11-61.1... 1 CSb..s rl a ULI It Additional Notes: Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2717586 Parcel#: 095926411019 Tax Area: 2820 Bordering County: Acres: 0.148 V'-c34401-1z Township Range Section Quart.Sec. Subdivison Name Block# Lot# 05 - 66 - 26-4 HILLNPARK2NDFG - 12 - 2 Owners Name&Address: Property Address: BRICENO SEVERIANO&ANDREA Street:4633 ZION DR WELD 4633 ZION DR City: WELD GREELEY, CO 80634 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reggption# 3/14/1990 $20,900 02208066 Legal Description 2HP12-2 L2 BLK12 HILL-N-PARK 2ND FILING %4633 ZION DR%SITUS: 4633 ZION DR WELD 00000 Land Valuation Summary Land T e Abst Code Unit of Number of Assessed yp Measure Units Actual Value Value Residential 1112 Site Land Subtotal: $30,000 $2,390 No_Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSq l.asp?cmd=QUERY&DET=PP&pin=0959... 08/21/2006 Identify Results Page 1 of 1 Mobile Home Valuation Account#: M1172300 Parcel#: 095926411019 Owners Name &Address: Property.Address: BRICENO SEVERIANO&ANDREA Street: 4633 ZION DR GREELEY 4633 ZION DR City:GREELEY GREELEY, CO 80634 Business/Complex: Legal Description 2HP 12-2 IMPS ONLY MH L2 BLK 12 HILL-N-PARK 2ND FILING MOBILE/MODULAR TITLE: MSO SERIAL: TXCDC994488A6 YEAR: 1999 MAKE: TOWN MANOR SIZE: 32X62 SITUS: 4633 ZION DR GREELEY 80634 Land Value $0 Land Assessed Value $0 Impr.Value $65751 Im_pr. Assessed Value $5,230 Total Value $65,751 Total Assessed Value $5,230 Total Taxes: $407.36 Amount Due: $407.36 Tax Area: Bordering County: Township Range Section Quart Sec. Subdiv_ison_Name Block# Lot# 05- 66 -26- 4 HILLNPARK2NDFG - 12 - 2 Acres: Sq. Ft.: Sale Price Sale Date Deed Type Reception# $0 hits://mans2.merrick.com/Website/Weld/setSgl.asp?cmd=ACCDET&acct=09592641101... 08/21/2006 v -o�003�1a 4.- ; tg :417�a co w Wy } f �0 .� c QZ ao e k JCI tSa N N F ., U J � Cayel. a CJi : -z MN R J ` 'C E 3al. W w ii ,: O 0 9 4 1d c "f" ,z o n I i : ui c n . ; ) ' a } £ } o o m z �d m ,wi C m ;@ i U. Z t{3 N 'c'" .4 yip}, .. .cv. _ Y =j ,12 I N 1 ' H N it NK IY Z ' .eQ NS Fl Yt O C°. p.. 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It.; jl:Eli t t.fS tcr;_ p Nib i d ri-i ''�y)ct reif•P:E:emu sti.. +.t N H i �F ql '�'li ?' fit,�:�.it,!!."': .;:' s Z " 5 s i xs t n O r •r t tPrl gi r 'a Ft,,I, I :� G� t `' f' '11-.11•••1'•Etills €p `r' n 1 ' }'''' t a €i! t�, -t'5'`€ B 1258 AEC 02208066 03/16/90 16:10 5.00 1/001 AR2208U66 F 1247 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ."CWarraltVDeed THIS DEED Is a conveyance of the real property described below,Including any Improvements and other appurtenances(the "property")from the Indivldual(s),corporatlon(s),partnership(,),or otherentlty(les)named betowas GRANTOR to theindividusl(s) or entity(les)named below as GRANTEE, The GRANTOR hereby sells and conveys the properly to the GRANTEE and the GRANTOR warrants the title to the property, except for(I)the lien of the general property taxes for the year of this deed.which the GRANTEE will pay(2)any easements and rights-ol-way shown of record(3)any patent reservations end exception,(4)any outstanding mineral Interests shown of record(5) any protective covenants and restrictions shown of record,and(8)any additional matters shown below under"Additional Warranty Exceptions". The Specific Terms of Thls Deed Are: Grantor: (Give name(s)and place°,of residence II the'Mussel the owner-grantor is Wring ln.iNs Deed to release homestead rights.Identity grantors es husband and wile) LEONARD G. PEREKAESTENKO and JOSEPHINE.PEREKRESTENKO P.U. Box 765 Greeley, Colorado 80632 Grantee: (Glee namelt and addreealan:slnemmi of address,Including mann.road or street number.is required., SEVERIANO BRICENO and ANDREA BRICENO 4633 Zion Drive Greeley, Colorado 80634 Form of Co-Ownership: it there are two or more grantees tamed,they will be considered to lake s tenants In common unless the woros in Joint tenancy"or words of the same meaning era added In the space below.) Joint Tenants Property Description: (Include county and noel State Cr' i. art.ry Fe° eibr Lot 2, Block 12, n ih M90 ,Gil�y l HILL-N-PARK SECOND FILING, g • A Subdivision of Weld County, Colorado. • Property Address. 4633 Zion Drive, Greeley, Colorado 80634 Consideration: (The statement of a dollar mount is optional:adequatecon.Ideralkn for this deed was be presumed unless fhb con,eyanca is Identified as a gilt In any case this conveyance Is absolute.final and unconditional,) Twenty Thousand Nine Hundred Dollars and No/100ths ($20,900.00) Reser shone"Realrictlons: III the GRANTOR Inter4s to reserve any interest In ow progeny or to convey lessthen he owns,or II the GRANTOR is restricting the GRANTEE'S right In the property.melte appropriate indication., R n Additional Warranty Exceptions: (Include deeds of trust being assumed and other metiers nol eeemad above.) 3 A C Executed by Gramoron March 14 w 90 Signature blew for Corporation.Pennarnip or Association: sign mile for IndMbul(s): Name of Grantor: Corporation.PanNrahipor AesociatIon / Grantor `peo and G. _Per kaI-t-n By • eT/ y one erekL- •e i,•/ / GGrantorGrantoreY Attest: / Grantor STA O O CO VIDE R aa. :n:elmsga g l Wacetarya acLnowedged before me Ina 14th day of March ,12 90 9y4- �1y'Atxsitt6 r-erekrestenko and Josephine Pereekkr��'q'enko[1 '// WITNESS-944.v�jtl cln;lel - . C YJ (Le,iAmpeTtw o r� t* ,,)-ay 20, 1991 / NeW Punk The Iora9oipmertqPNnl was acknowledged before me this day of ,19 ar• (*name Individual Cranial')or If Grantors,Corporation.ParinwahiperAseooletion,then Ideality signer'VS praeldentorvicepraeldentandeecretaryor assistant secretary of carporallon;or a,Pannerist at partnership:or as aumortsed member!).M association.) WITNESS my hand and official seal, My commission expires: Notary Punk a tan UPDATE LEGAL FORME ^ No got P.O.Sox 1313•Greeley,Colorado 50632 (3 0311544360 0TE It .E , „. _ _ _ _ _...........a....a.__:____ ______ . . _ _ ._ _ _ _____ _ _ __ _ . __ ____ _ .. .............,....:_____ , ,, , .........„ __:, _a... _ , 1, _ Abi IT • .4 !ROSE / BID ' c.. 1-•;.. a . I• .x z 'ice CO . ' DO ,.°s - • ;$ - r Hello