HomeMy WebLinkAbout20061634.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600130
AGAINST EDUARDO MARTINEZ 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, Eduardo Martinez, VI #0600130, 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 20th day of June, 2006, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Eduardo Martinez 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 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 Eduardo Martinez 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.
2006-1634
PL0824
m : et . CY9- pd -44 6
VIOLATIONS -VI #0600130 - EDUARDO MARTINEZ
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of June, A.D., 2006.
Ia �� BOARD OF COUNTY COMMISSIONERS
4 \WELD COU , COLORADO
ATTEST: 1141,1 � O—,),-
ile,Chair
Weld County Clerk to the _ - . , o
4-�i c 1, Y
David E. Long, Pro-Tem
BY: `• �2,j. 1 r
De y Cler o the Board `^
Wi 'a Jerke
APP AS TO F ,
Robert D. Masden 1 u t ttor 7Y--QQ—c),J, t _Glenn Vaad
Date of signature: e(oioto
2006-1634
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Eduardo Martinez
Violation: VI-0600130
Address: 7135 CR 23, Fort Lupton, CO 80621
Legal: Lot A of RE-3915 also known as part of the S2SE4 of Section 26, T2N, R67W of
the 6th P.M., Weld County, Colorado
Location: West of and adjacent to CR 23 and about 1/2 mile North of CR 14.5
North: Agricultural zoning with Residential uses
South: Agricultural zoning with Residential uses and about 1 %miles North of Hwy 52
East: Agricultural zoning with Residential uses and within about 1 mile of Fort Lupton
city limits
West: Agricultural zoning with Residential uses
Parcel Number: 1311-26-4-00-036 Acreage: 9.38 +/-Acres
Certified mail date: May 10, 2006 Received: May 15, 2006
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30
and 23-3-30.F of the Weld County Code.
REMEDY
To bring the property into compliance the mobile home shall be permitted or removed from the property.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office for immediate legal action.
CASE HISTORY
March 27, 2006 Violation initiated based upon visual inspection and general complaint of area.
March 27, 2006 Initial inspection completed.
March 28, 2006 Five day compliance encouragement letter issued.
April 6, 2006 Violation letter issued.
May 8, 2006 Property inspected. Property remains in violation.
May 10, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2006-1634
d DEPARTMENT OF PLANNING SERVICES
} 6 Compliance Division
0 \ NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman(a�co.weld.co.us
Q PHONE: (970) 353-61 00, Ext. 3555
FAX: (970) 304-6498
COLORADO SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
May 10, 2006
MR. EDUARDO MARTINEZ
7135CR23
FORT LUPTON, CO 80621
Subject: VI-0600130, Lot A of RE-3915 also known as part of the S2SE4 of Section 26, T2N,
R67W of the 6th P.M., Weld County, Colorado
Dear Mr. Martinez:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on June 20, 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 23-3-30F "Mobile homes subject to the additional requirements of Article IV,
Division 3 of this Chapter."
To bring the property into compliance:
The mobile home shall be removed from the property. Please call as soon as you have
removed it so a final inspection can be conducted and this case closed. If a final inspection
is scheduled and shows that the mobile home has been removed prior to June 19, 2006,
the Violation Hearing will be cancelled.
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.
Mr.Martinez
Page 2,VI-0600130
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,
t _4thiu,;(Y6-k-Na--)
Bethany Salzman U
Zoning Compliance Officer II
pc: Vl-0600130
Department of Planning Services
Bruce Barker, County Attorney g m S
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f Planning Services
Wire. Inspection Report
COLORADO 918 10"'St
�� Greeley, CO 80631
Date of Inspection: +1 l flYDS"�[�
\Permit/Case No.: V1 DS C°(l )
Property Owner Name: �'yamme: 1 \ ('1 niti Edu c
1V
Address: .erJ3 LV -7 .
Upon a(visual)I0NS) inspection of the property listed above, the following items
were noted:
N\f 1e.\ u ct 1 U IDLthenti
-_)
Inspection by: Contact Name:It::15-ktir\
Contact Phone Number: 970-353-6100,Ext. 3555
Copy of this inspection was: ---
Pictures taken during inspection: I` ,Yes 0 No
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10T" Street
I GREELEY, CO 80631
webs.: WWW.CO.WELD.CO.US
E-mail Address: bsalzman(oJco.weld.co.us
O PHONE: (970) 353-6100, Ext. 3555
• FAX: (97O) 304-6498
COLORADO
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-421O, Ext. 8730
FAX: (72O) 652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
April 6, 2006
MR. EDUARDO MARTINEZ
7135CR23
FORT LUPTON, CO 80621
Subject: VI-0600130, Lot A of RE-3915 also known as part of the S2SE4 of Section 26, T2N,
R67W of the 6`" P.M., Weld County, Colorado
Dear Mr. Martinez:
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.F "Mobile homes subject to the additional requirements of Article IV,
Division 3 of this Chapter."
To bring your property into compliance with the Weld County Code:
The mobile home shall be removed from the property. Please call as soon as you have
removed it so a final inspection can be conducted and this case closed.
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 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.
Mr.Martinez
Page 2,VI-0600130
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,
•
Bethany Salzman
Zoning Compliance Officer II
pc: VI-0600130
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
•• •
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzmana,co.weid.co.us
• PHONE: (970) 353-6100, Ext. 3555
COLORADO FAX: (970) 304-6498
SOUTHWEST OFFICE
4209 CR 24.5
L0NGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
March 28, 2006 •
MR. EDUARDO MARTINEZ
7135 CR 23
FORT LUPTON, CO 80621
Subject: VI-0600130, Lot A of RE-3915 also known as part of the S2SE4 of Section 26,T2N, R67W of
the 6th P.M., Weld County, Colorado
Dear Mr. Martinez:
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 an illegal mobile home. I have searched my case files and records and have
been unable to locate any Building or Zoning Permit for the mobile home.
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, •
Bethany Salz an
Zoning Compliance Officer II
pc: Vl-0600130
Department of Planning Services
SERVICE.TEAMWORK,INTEGRITY,QUALITY
{i
Weld County Department of
Planning Services
WL`Dc. Inspection Report
COLORADO 918 10`° St
Greeley, CO 80631
Date of Inspection: 3'Z.:1' LO
�/1 —OLQ CC') ��C
Permit/Case No.: t�-,,1
Property Owner Name:
V\ 1 k C'Q) C- CL I. (I C)
Address: (t--2-1-30_ (' P Z-T
Upon a(visual)( e) inspection of the property listed above, the following items
were noted:
Vii Lt 0 CN( (iflt l.C aACMC CAC Cr) k it l 1
a
Inspection by: C JN) Contact NameT ION)5'ro" \
Contact Phone Number: 970-353-6100,Ext. 3555
Copy of this inspection was. - ' -
Pictures taken during inspection: O Yes ,KNo
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE ''f'1.-7-CA-0OLiI
Account#: R3484205 Parcel#: 131126400036
Tax Area: 2228 Bordering County: ,.
Acres: 9.38
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
02 - 67 - 26 -4 - -
Owners Name&Address: Property Address:
MARTINEZ EDUARDO Street: 7135 23 CR
7135 COUNTY RD 23 City: WELD
FT LUPTON, CO 80621
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
5/24/2005 $409,000 WD 3290303
Legal Description
PT 52SE4 26-2-67 LOT A REC EXEMPT RE-3915 (.33R)
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Measure Units Actual Value Value
Agricultural 4147 Acres 6
Agricultural 4147 Acres 3.38
Land Subtotal: 938 $191 $60
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
1 Residential
Improvements Subtotal: $208,850 $16,620
Total Property Value $209,041 $16,680
Building Details
Account#: R3484205 Parcel#: 131126400036
Owners Name&Address: Property Address:
MARTINEZ EDUARDO Street: 7135 23 CR
7135 COUNTY RD 23 City: WELD
FT LUPTON, CO 80621
Buildings Property Type
1 Residential
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 1973
Exterior: Frame Masonry Veneer HVAC: Forced Air
http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13112... 03/28/2006
Identify Results Page 2 of 2
Interior Finish: Drywall Built As SQ Ft: 1458
# of Baths: 2 Roof Type:
# of Bdrms: 3 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 6 Units: 0
Garage:
Attached SQ Ft 648 Detached SQ Ft:
Basement:
Total SQ Ft: 1134 Finished SQ Ft:
http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13112... 03/28/2006
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DEPARTMENT OF PLANNING SERVICES
• 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:
ZONING CODE COMPLAINT X,Staff/Name: i hyLl4 C—Cf i Citizen ❑ Other:
❑ HEALTH DEPARTMENT Citizen's Name(f known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(1f known):
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: 3-aleCi.
Pending Case#(i.e.USR,RE, SE,ect...):
15C N
Legal Description: 1J* R. rt.' Re-- ) t\:..)�te—li ≥ Parcel#: k5�k — 'DerO5L
Violation Address: 1 ,�tf(Y D CC-2
-Z U Property Owners Name: 1 ht fAi C'f+l, l EAU AM. CI
/ Phone:
Property Owners Address: TDfit Lttc' tr l l lsuD7 A
Tenant's Name: Phone:
Tenant's Address: •
NATURE OF COMPLAINT: Pi'1CY A; - !Ant r.--AQ
rtnnot nett ko-NY -
Additional Notes: 94117.3/4t
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303 U�C�
I I'llll III"IIIII Ililll I"I'lll'II'II'I III'II'I/III VIII
3290303 06/31/2006 01:03P Weld County, CO / 130 7�3
1 of 1 R 6.00 D 40.90 Steve Moreno Clerk&Rewrder V
WARRANTY DEED
THIS DEED,Made this May 24,2005 between
Pioneer Land Company,LLC,A Colorado limited liability company
of the County of Weld,State of Colorado,grantor and
Eduardo Martinez
whose legal address is:7135 Weld County Road 23,Fort Lupton,CO 80621
of the County of Weld,State of Colorado,grantee(s).
WITNESSETH,That the grantor for and in consideration of the sum of FOUR HUNDRED NINE THOUSAND AND
00/100 DOLLARS(5409,000.00),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 A of Recorded Exemption No.1311-26-4 RE-3915 recorded February I,2005 as Reception No.3257887;being
more particularly described as a portion of the the South'A of the Southeast Vi of Section 26,Township 2 North,
Range 67 West of the 661 P.M.,County of Weld,State of Colorado.
0
a' also known by street and number as 7135 Weld County Road 23,Ft.Lupton,CO 80621
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,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,
sates, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,except all taxes and
assessments for the current year,a lien but not yet due or payable,and those specific Exceptions described by reference
to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a "Title
Review",of the contract dated May 11,2005,between the parties.
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 the date set forth above.
SELLER:
Pioneer Land Company,LLC,A Colorado limited
liability company
s +n4 r
ennen,Manager
STATE OF COLORADO
COUNTY OF BOULDER }SS.
The foregoing instrument was acknowledged before me this May 24,2005,by Thomas Bennett,Manager of Pioneer Land
Company,LLC,A Colorado Sa!limited liability company /
Witness my Hand and Official Sea! ���jf,�,�
My Commission expires: Lr/ r'W"K (A1 Grp
5e,2510e Notary Public
Return to: Eduardo Martinez M.MARLENE SHANNON
7135 Weld County Road 23 NOTAHY PUBLIC
Fort Lupton,CO 80621 STATE OF COLORADO s
My Commission Expires 05/24/2008
WDPHOTO File No.U0003072
Warranty Deed(For Photographic Record)
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