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HomeMy WebLinkAbout20062505.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600275 AGAINSTGUADALUPE CERVANTES 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, Guadalupe Cervantes, VI #0600275, 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 September, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS,Guadalupe Cervantes 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 Guadalupe Cervantes 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. 2006-2505 PL0824 (10 '. A, woL. vb VIOLATIONS - VI #0600275 - GUADALUPE CERVANTES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of September, A.D., 2006. 1EIL � BOARD OF CO NTY COMMISSIONERS WELD COU , COLORADO ATTEST: il1 DD . J. Chair Weld County Clerk to the " r:Y "` ir David E. Long, Pro-Tem BY: Dep y Clerk . the =oard William H. Jerke A ED AS TO F • EXCUSED Robe D. Masd n of Attor y z 1�� a9\> Glenn Vaad Date of signature: 9 (2S'O� 2006-2505 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Guadalupe Cervantes Violation: VI-0600275 Address: 4220 Arches St, Greeley, CO 80634 Legal: Lot 14, Block 14, West Hill-N-Park, 2nd Filing, Weld County, Colorado Location: East of and adjacent to 47th Ave and North of and adjacent to 49th St North: Evans city limits and primarily residential uses South: Evans city limits and primarily residential uses East: Approximately 1/2 mile West of Evans city limits and primarily residential uses West: Evans city limits and primarily residential uses Parcel Number: 0959-26-3-11-004 Certified mail date: August 1, 2006 Received: August 7, 2006 Currently the property is in violation of Chapter 23, Article III, 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 vehicle 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 June 15, 2006 Initial complaint received. June 15, 2006 Initial inspection completed. June 21, 2006 Five day compliance encouragement letter issued. June 26, 2006 Violation letter issued. July 31, 2006 Property inspected. Property remains in violation. August 1, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2006-2505 Q DEPARTML..T OF PLANNING SERVICES les North Office Code Compliance Division 918 10t"Street, Greeley, CO 80631 WWW.CO.WELD.CO.US W.CO.W ELD.CO.US li E-mail Address: asiron@co.weld.co.us WI Phone (970) 353-6100, Ext. 3566 Fax (970)304-6498 O e Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 August 1, 2006 Guadalupe Cervantes 4220 Arches St Greeley, CO 80634 Subject: VI-0600275, Lot 14, Block 14, West Hill-N-Park, 2"d Filing, Weld County, Colorado Dear Ms. Guadalupe: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 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 a derelict shall be restored or removed from the property. 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 bodywork 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 '02 to 42-2-227, C.R.S. This definition :I 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, Q.,th U.S. Postal Service,. Ann Siron m CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) Zoning Compliance Officer co F r •elivery inf•rmati nvisit ur wesite at www.us•s.c.my. I` pc: VI-0600275 rn p. u 1 Department of Planning Services Postage $ Bruce Barker, County Attorney r 1 O Codified Fee O Postmark O Return Receipt Foe - (Endorsement Fee Here O sted Delivery red -D (Endorsement Required) ✓R Total Postage&Fees $ is) O Sent To N O Street.Apt Ndi��llIrll�.l^ll lit c Qcnl n*C3 or PO Box No. L /� yt ` r..1...C St O,134 state,ZIP+4GLLLLLLxrfie.:i C.O� egoc34 SENSE': C�M'LETF THIS SECTION C�M•LETE THIS SECTION •N •ELIVE-Y • complete items 1,2,and 3.Also complete A. ature item 4 if Restricted Delivery is desired. Agent • Print your name and address on the reverse :6^ =` ressee so that we can return the card to you. B. Received by(minted Name) C. Da e o Delivery • Attach this card to the back of the mailpiece, 66 or on the front if space permits. D. Is delivery address different from item 17 DYes 1. Article Addressed to: If YES,enter delivery address below: ❑ No GUADALUPE CERVANTES 4220 ARCHES ST GREELEY, CO 80634 3. Service Type XZY.Certified Mail O Express Mail O Registered O Return Receipt for Merchandise O Insured Mail O C.O.D. I 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1160 0001 4537 8882 (Transfer from seMce label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 .O_ Ate"; Weld County Department of UDC Planning Services Inspection Report COLORADO 91810'"St Greeley, CO 80631 Date of Inspection: 1 —?.)I - Ol a PennitlCase No.: \j( - Property Owner Name: (";ll\{!d(4 LEO c l-1 6(L,,1 Address: (..( a are C k ; 1' j"t . Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: 7), 1(-( C U' ( L e* OK: 1 Inspection by: ( ) Contact Name: (.11.11 "'i :1( ! Contact Phone Number: 970-353-6100,Ext.3555 Copy of this inspection was: Le on rte Pictures taken during inspection: ❑Yes btTo DEPARTMENT OF PLANNING SERVICES 6ft 6 North Office Code Compliance Division 918 Street, Greeley, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us ' 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 WELD COUNTY ZONING VIOLATION NOTICE June 26, 2006 Guadalupe Cervantes 4220 Arches St Greeley, CO 80634 Subject: VI-0600275, Lot 14, Block 14, West Hill-N-Park, 2nd Filing, Weld County, Colorado Dear Ms. Cervantes: 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: Any derelict vehicles shall be restored or removed from the property. 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. 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 June 26,2006,to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Con„dissioners 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. Sincely, -Ann Siron Zoning Compliance Officer pc: VI-0600275 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES itcTHe ‘t, North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 Website:e: WWW.CO.WELD.CO.UO.US E-mail Address: asiron@co.weld.co.us 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 June 21, 2006 Guadalupe Cervantes 4220 Arches St Greeley, CO 80634 Subject: VI-0600275, Lot 14, Block 14, West Hill-N-Park, 2nd filing, Weld County, Colorado Dear Ms. Cervantes: 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 derelict vehicle. 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, Cura.130A) Ann Siron Zoning Compliance Officer pc: VI-0600275 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY I I ll I ft�/�� V ,� Weld County Department of Planning Services Ell C Inspection Report 918 10th St Greeley, CO 80631 ii Date of Inspection: `� Li - 14 LX n Permit/Case No.: V \ '/C A.I :��� C 1 Property Owner Name: : V it V It, OC t 0 £ (V1' 1 li ( I, Address: L/)WT.' (I / (('i-) -) 9 . i Upon a(visual)(on-site)inspection of the property listed above,the following items I were noted: i (.Vi t 1. ( L 0 )l'`111\.L..1-_,_.. I' I 1 i 1 i Inspection by: if 1 -5 Contact Name: (_1 il_i 1 b. 1 r<<k---- I Contact Phone Number: 970-353-6100,Ext.3555 Copy of this inspection was: OJeff an Site D Mailer rm. Pictures taken during inspection: 0 Yes 42t'No 1 3 i i y� a r�' \ DEPARTMENT OF PLANNING SERVICES ICode Compliance Division C 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-AD.,M1 W a-1 E O' ZONING CODE COMPLAINT 0 Staff/Name: 0 Citizen 0 Other: C HEALTH DEPARTMENT Citizen's Name(If known)- ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST Sz WEEDS Date Complaint was received: Pending Case#(i.e.USR,RE, SE, ect...):/' A f / Legal Description: 1— I 1 B3 i K [`I 0). i7/1 -/V'Pa{ (�1 Parcel#: -21i-3- It-M4 Violation Address: 4/2aDr�/ S Property Owners Name: odpp Ll-� Phone: Property Owners Address: Tenant's Name: Phone: Tenant's Address: .. nn NATURE OF COMPLAINT: C(�2 Lf� L �� f,t// CCU • Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2654086 Parcel#: 095926311004 •w:iHt4bEl :NiNJYY: : II EYa0.41...M.Y...' 'T+"A'^T Fti.7'h3 d2,111.••.", +.r--a.__.4............,....,......+..4.ai✓;-M -ri2'_;ifw Y.,eiycaurvit rtJY:��y�yl Tax Area: 2820 Bordering County: Acres: 0.1544 Township Range Section Quart. Sec. Subdivison Name Block* Lot# 05 - 65 - 26 - 3 WEST HILL N PARK 1ST FG - 14 - 14 Owners Name&Address: • Property Address: CERVANTES GUADALUPE I Street: 4220 ARCHES ST GREELEY 4220 ARCHES ST City: GREELEY GREELEY, CO 80634 Business/Complex: Sal.es.Summa Sale Date Sale Price Deed Type Reception# 10/10/2002 $109,000 WD 3014525 • Legal Description 1WIIP14-14 L14 BLK14 WEST HILL-N-PARK 1ST FILING 1ST REPLAT SITUS: 4220 ARCHES ST GREELEY 80634 1 Land Valuation Summary Land T Unit of Number of Assessed ype Abst Code Measure Units Actual Value Value Mobile Home 1135 Site Land Subtotal: $30,000 $2,390 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Mobile Home Improvements Subtotal: $33,046 $2,630 Total Property Value $63,046 $5,020 Building Details • Account#: R2654086 Parcel#: 095926311004 Owners Name&Address: Property Address: CERVANTES GUADALUPE I Street:4220 ARCHES ST GREELEY 4220 ARCHES ST City: GREELEY GREELEY, CO 80634 Bulldi.ng# Property Type 1 Mobile Home Individual Built As Detail Built As: Double Wide Year Built: 1991 Exterior: Hardboard Sheet HVAC: Forced Air http://maps.merricic.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09592... 06/16/2006 Identify Results Page 2 of 2 Interior Finish: Paneling Built As SQ Ft: 1080 # of Baths: 2 Roof Type: # of Bdrms: 3 Roof Cover: Shingle Comp # of Stories: 1 Rooms: 5 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Mobile Home Details MH Make MHLength MH Width 0 0 • http://map s.m errick.com/W eb site/Weld/s et S gl.asp?cmd=QUERY&DET=PP&pin=095 92... 06/16/2006 V I ol000a75 14 t rr g ': p 4 , L . t .3� eI { , iu 'Cd . i i II 4 t�1 a Tp t at E '1 4 A ! ...Th., r 'Q W YR ta-14 IS -M I 4 `� T< ea h i '.-'� Ja 4 oilIli fi h ' ty3 iN; : r 4 Z� ': 14i 2I• III ,4-Wril 1 h iisit'agitiiiiLLLLJL dpi i~E F 6 i F i irM �¢ i C ) 9 I_iRr 5,� i i �' � �� ' r `w, '1� rp, r aii. r i1 t i; 2 Z 9, 3 7,,N r 5 ar-i tts r 'i a ,i{ d r LL s d J It tji . 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