HomeMy WebLinkAbout20063385 RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST FRANK GONZALES 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, Frank Gonzales, VI #0600422, 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 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, Frank Gonzales 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 January 12, 2007, to allow adequate time for the property owner to restore or
remove the derelict vehicles 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 #0600422 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Frank Gonzales 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 January 12, 2007, to allow adequate time for the property owner to
restore or remove the derelict vehicles to bring the subject property into compliance.
2006-3385
PL0824
n C ; Pt, L. o e— O/-& s -v`7
VIOLATIONS - VI #0600422 - FRANK GONZALES
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
` �I_Q� ?2,
ATTEST: rig' / " ( .:', `J . /
r _' J. ile, ir
Weld County Clerk to the B r
c
vid E. Long, Pro-Tem
BY: __ A _
Dep Clerk the oard > rG�✓i
Willll i H. Jerke
APpROVEA AS TO FO
\\\110----
Robert D. Masden
unty Attorney EXCUSED
Glenn Vaad
Date of signature: i /0
2006-3385
PL0824
Weld County Violation Summary
Compliance Officer, Ann Siron
BASIC INFORMATION
Property Owner: Frank Gonzales
Violation: VI-0600422
Address: 4221 Grand Teton, Greeley, CO 80634
Legal: Lot 27, Block 5, Hill-N-Park, Weld County, Colorado
Location: East of and adjacent to 47th Ave and North of and adjacent to 49`h Street
North: Evans city limits and primarily residential uses
South: Evans city limits and primarily residential uses
East: Approximately'A mile west of Evans city limits and primarily residential uses
West: Evans city limits and primarily residential uses
Parcel Number: 0959-26-3-04-013
Certified mail date: November 17, 2006 Received:
Currently the property is in violation of Chapter 23, Article 111(3), Division 2 of Sections 23-3-150, 23-3-
150.B and 23-3-150.C of the Weld County Code.
REMEDY
To bring the property into compliance the derelict vehicles shall be restored 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
September 19, 2006 Initial complaint received.
September 19, 2006 Initial inspection completed.
September 21, 2006 Five day compliance encouragement letter issued.
October 2, 2006 Violation letter issued.
October 16, 2006 Received phone call from property owner.
November 11, 2006 Property inspected. Property remains in violation.
November 17, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2006-3385
a DEPARTM,.IT OF PLANNING SERVICES
(ittt;
North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
WWW.CO.WELD.CO.US
Il
E-mail Address: asiron@co.weld.co.us
WI 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
November 17, 2006
Mr. Frank Gonzales
4221 Grand Teton
Greeley, CO 80634
Subject: VI-0600422, Lot 27, Block 5, Hill-N-Park, Weld County, Colorado
Dear Mr. Gonzales:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on December 12, 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:
The "Noncommercial Junkyard" consisting of derelict vehicles shall be removed or
restored.
Proof of registration shall be provided to the Department of Planning Services for ALL
THREE VEHICLES currently on the property. Once copies of registration have been
provided or an on-site inspection has been scheduled and conducted to verify current
registration this case will be removed from the docket; otherwise,hearings will continue
as scheduled.
NONCOMMERCIAL JUNKYARD: An area where any waste,junk or used 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; is not have valid registration with the Stat s required by
Section 42-3-103,42-3-139 or 42-12-102, C.R.S.,and/or the number plate assigned to it
is not permanently attached to the vehicles,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.
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 matterctekt, , please call me.
Sincerely, U.S. Postal ServicerM,
r CERTIFIED MAILRECEIPT
o-
(Domestic Mall Only;No Insurance Coverage Provided)
For delivery information visit our website at www.usps.com,.,
fn
Ann Siron m
Zoning Compliance Officer S --
Postage $
pc: VI-0600422rq
Certified Fee
Department of Planning Services Postmark
Bruce Barker, County Attorney (Endorsement Required) Here
O Restricted Delivery Fee
.A (Endorsement Required)
r!
a
Total Postage 8 Fees
u7
CI Sent To
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sweet, t. :: 22L n od Tc. /''�
or PO Box No. r l Glry.Sfara,Z('`Crr lily C HJ[ �cf
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Att i r Weld County Department of
������ Planning Services
O Inspection Report
COLORADO 918 10th St
Greeley, CO 80631
Date of Inspection: kl - t (
Permit/Case No.: I I ( - C`r (f (
Property Owner Name:
Address: L_ "; /
Upon a(visual)(on-site)inspection of the property listed above, the follow:
were noted:
i '/f f 7 /;
r n•
r r,)- "
Inspection by:
Contact Name: .
Contact Phone Number: 970-353-6100. Ext. 3555 or Ext. 3566
Copy of this inspection was:—O-Lett on Site O Mailed on:
Pictures taken during inspection: 0 Yes No
•
DEPARTMENT ur PLANNING SERVICES
North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
Website: WWW.CO.WELD.00.US
E-mail Address: asiron@co.weld.co.us
Wilpe Phone: (970)353-6100, Ext. 3566
Fax: (970) 304-6498
Southwest Office
COLORADO 42, CO 4
Longmont, C 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
October 2, 2006
Frank Gonzales
4221 Grand Teton Rd
Greeley, CO 80634
Subject: VI-0600422, Lot 27, Block 5, Hill-N-Park, Weld County, Colorado
Dear Mr. Gonzales:
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:
The "Noncommercial Junkyard" consisting of several derelict vehicles shall be restored or
removed from the property.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used 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-
42-3-138 or 42-12-10<, C.R.S., and/or the number plate assigned ... 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.
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 2,2006, 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,
, 20/(1 " 4ce/t_
nn Siron
Zoning Compliance Officer
pc: VI-0600422
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
4 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 D C
Fax: (970) 304-6498 Southwest4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
September 21, 2006
Frank Gonzales
4221 Grand Teton Dr
Greeley, CO 80634
Subject: VI-0600422, Lot 27, Block 5, Hill-N-Park, Weld County, Colorado
Dear Mr. Gonzales:
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 at least three 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.
Sinc ely,
Ann Siron
Zoning Compliance Officer
pc: Vl-0600422
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
fV Weld County Department of
Planning Services
Wipe. Inspection Report
COLORADO 918 10"'St
Greeley, CO 80631
Date of Inspection: 9- 0 -or,
Permit/Case No.: V\ -C-Vh'4 T4 ,
Property Owner Name: (Ti n 4. �:a .3 '(t (._,(
Address: / (-17/74/ ?"7 i f' 7`-lv._)
Upon a(visual)(on-site) inspection of the property listed above,the following items
were noted:
-3dered, , t p(i) it '(_ s
•
,• •
Inspection by:_ 1. . Contact Name: (.11(.1 I(
Contact Phone Number: 970-353-6100,Ext.3555
Copy of tl pection was: ❑ Left on Site/❑Mailed on:
1 Pictures taken during inspection: O Yes o
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Iii0
918 10'" 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 t _.al 00_1 as
/ZONING CODE COMPLAINT 0 Staff/Name: 0 Citizen D Other:
• HEALTH DEPARTMENT Citizen's Name(If known):
O WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
• BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST& WEEDS
Date Complaint was received: q
Pending Case#(i.e. USR, RE, SE, ect...):
Legal Description: L_21 t RI�P.) t__ R[1qy, Parcel#: 01169 -21f-3- rtt - I
Violation Address: 1-4'n,\ ( -,tc rA Te --Eon,
Property Owners Name: ' 11-tj'\\ (�,nll G-c..,��,' ti Phone:
Property Owners Address:
Tenant's Name: Phone:
Tenant's Address: �� ,, h
NATURE OF COMPLAINT: "�J 7 4 ,1 iLU L C 'E- v4.\1c.c t Ls
Additional Notes:
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Identify Results Page 1 of 1
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Accounts: R2644586 Parcel#: 095926304013
Tax Area: 2825 Bordering County: X11 _cipooL a,
Acres: 0.1909 `I l AJL7'S
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
05 - 66 - 26 - 3 HILL PARK - 5 - 27
Owners Name &Address: Property Address:
GONZALES FRANK & Street: 4221 GRAND TETON DR WELD
4221 GRAND TETON RD City: WELD
GREELEY, CO 80634
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type ReC ption St
2/7/2006 $50,000 WD 3363476
Legal Description
HP5-27 L27BLK5 HILL-N-PARK SUB %4221 GRAND TETON DR% SITUS: 4221 GRAND TETON DR WELD 00000
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Mobile Home 1135 Site
Land Subtotal: $30,000 $2,390
No Buildings on Parcel
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0959... 09/19/2006
Identify Results Page 1 of 1
Mobile Home Valuation
Account#: M6571586 Parcel#: 095926304013
Owners Name &Address: Property Address:
ENTZI LEO L&DELIGHT M Street:4221 GRAND TETON RD WELD
8001 HILLSBORO CT S City: WELD
FT COLLINS, CO 80525-4271
Business/Complex:
Legal Description
HP5-27 IMPS ONLY MH L27 BLK 5 HILL N PARK MOBILE/MODULAR TITLE: 03M561108 SERIAL: 684192133 YEAR: 1972 MAKE:
CLARMONT SITUS: 4221 GRAND TETON RD WELD 80634
Land Value $0 Land Assessed Value $0
Impr. Value $10,083 Impr. Assessed Value $800
Total Value $10,083 Total Assessed Value $800
Total Taxes: $62.32 Amount Due: $0.00
Tax Area: Bordering County:
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
05 - 66- 26 - 3 HILL PARK - 5 - 27
Acres:
Sq. Ft.:
Sale Price Sale Date Deed Type Reception #
$0
http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=ACCDET&acct=09592630401... 09/19/2006
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Iltlll IIIII111111111111IIIII Illlt 11111 III 1111111111111
3363476 02/16/2006 11:11A Weld County,CO
filed for retort 1 of 1 A 6.00 D 6.00 Steve Moreno Clerk&Recorder M. RECORDER.}
Reception No. Sy DEPUTY.
WARRANTY DEED
THIS DEED, Made on this day of February 07, 2006 , between
THE ENTZI LIVING TRUST, DATED JUNE 27, 1996
•
of the County of and State of COLORADO , of the Grantor(s), and
FRANK GONZALES AND JESSICA GONZALES
•
whose legal address is :4221 GRAND TETON ROAD GREELEY, CO 80634 •
of the County of WELD and State of COLORADO , of the Grantee(s):
WITNESS, That the Grantor(s), for and in consideration of the sun of ( $50,000.00
••` Fifty Thousand and 00/100 ••• DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
i presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, •
not in tenancy in common but in joint tenancy, 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 27, BLOCK 5, HILL-N-PARK SUBDIVISION, COUNTY OF WELD, STATE OF COLORADO.
•
•
a(so known as street number 4221 GRAND TETON ROAD GREELEY CO 80634 •
TOGETHER with all and singular and heredltaments and appurtenances thereto 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(s), either in law or equity, of, in and to the above bargained
premises, with the heredi taments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,',
• bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the time of the ensealing and delivery
04 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 ell former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
Subject o general taro for the year 2006 and those specific Rraeptima daaaribed by refereeae co reworded documents ar
reflected In the Title D reats accepted by d m(e) In aaoardanae Frith ',action as 'Title Review) contract the C act to
Buy and sell Real 2s tats relaxing to the above de scribed property; distribution utility flamenco (including cable TV);
those specifically described rights of third pandas not shown by eta public records of which draftee f•.1 has actual
knowledge and which were anepted by Crantee(a) in accordance with Saatim Mb (Natters net Shown by the Public Records) and'
Section as (Survey Review) of the Contrast to Buy and Sell Real Estate relating to the above described real property;
inclusion of the Property within any spacial tar district; and, the benefit and burdens of any declaration and party wall
agreements, if any and other Mon
The Grantors) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), 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, and the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above.
271P LIVING
L LIVING TRUST,
D5TID JONB 27, 1996
ffii By ,c CA e
LEO L. BRTLI, TRUSTER P Sri 1
By
LIORT ILWR THE
DRLICNP Rxvif3, 27. 225 90Rwarn
•
TROST, D1Ty1 JUNE 27, 1996
•
STATE OF coLosann )
)es.
County of Raw
•
The foregoing instrument was acknowledged before me on this day of february 07, 2006
by Lao L. BMRi AND Da B1rlLl LIV1Ra TRUST, VITRO MINE 27, 1956
IVI IF D C(TO
•
• NOTARYOLOLIC
RA �iTy* de
My ness my hand
expire. STATE OF COLORADO
Witness our nand and�••-•-+ -^^
My Commission E�ires Nov.17,2006
otary Public
Name and Address of Person Creating Newly Created Legal Description ( 38-35-106,5, D.R.S.) •
Escrow# 6125061987 When Recorded Return to: FFR/A-NrK.GONZALES AND JE SICA GONZALES
Title# FC25061987 Q 6s ' a, Raurt,
4221-GUN i TDN RD GREELEY, CO 80634
Form 96 08/29/04 WOJT1 WARRANTY DEED (Jain Tenants) Printed: February 06, 2006 (2865291)
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