HomeMy WebLinkAbout20060135.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST FELIPE DE JESUS MORALES 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, Felipe de Jesus Morales, VI #0500355, 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 10th day of January, 2006,a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Felipe de Jesus Morales, property owner, and Wanda Ulloa, interpreter,were
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 March 10, 2006, to allow adequate time for the property owner to submit a Use
By Special Review application, and to remove all structures from the property line, 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 #0500355 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Felipe de Jesus Morales 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 March 10, 2006, to allow adequate time for the property
owner to submit a Use By Special Review application, and to remove all structures from the
property line to bring the subject property into compliance.
2006-0135
PL0824
CO PL, 12101--
VIOLATIONS -VI #0500355 - FELIPE DE JESUS MORALES
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 10th day of January,AD,, 2006.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
ATTEST: gat" USED
.; . J. Geile, Chair
Weld County Clerk to the B� 1r
/
CUSED
BY: 1/an David E. Long, Pro-Tem
uty CI to the Boa /1"L
Wil m Jerke APP D AS FORM: Q \I- l
Robe D. Masden
unty Attorney ���
Glenn aaje
Al
Date of signature: I�3faP
2006-0135
PL0824
Weld County Violation Summary
Building Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Felipe de Jesus Morales
Violation: VI-0500355
Address: 15685 Mary AV, Fort Lupton, CO 80621
Legal: Lot 7, Block 27, Aristocrat Ranchettes 2nd Filing, Weld County, Colorado
Location: Between County Road 16 and 18, East of County Road 31
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Agricultural property
Parcel Number: 1309-27-1-19-004 Acres: .99
Certified mail date: December 9, 2005 Received: December 14, 2005
Currently the property is in violation of:
Chapter 23, Article III, Division 1, Sections 23-3-40, 23-3-40.6.17, 23-3-40.B.18, 23-3-C.1, 23-3-50
Chapter 29, Article III, Section 29-3-10
REMEDY
To bring the property into compliance, all rodeo activity shall cease pending approval of a Use by Special
Review. Building permits shall be obtained for all non-permitted structures, and all inspections shall be
completed.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney but
delay action for 30 days to allow Mr. Morales to obtain all appropriate permits.
CASE HISTORY
September 13, 2005 Complaint of structures built without permits, do not meet setbacks.
September 16, 2005 10-day letter to obtain all necessary building permits.
September 28, 2005 Complaint of rodeos on weekends.
October 12, 2005 30-day violation letter addressing rodeo activity without a Use by Special Review and
structures without building permits.
November 18, 2005 Phone call from complainant regarding buildings and animals.
December 8, 2005 Site inspection.
2006-0135
Violation Summary
VI-0500355
page two
December 9, 2005 Certified letter mailed indicating the violation case is scheduled before the Board of
County Commissioners.
December 19, 2005 Phone call from "Wanda"who is interpreting for Mr. Morales. She states the rodeo
activity is only when friends and relatives visit. I advised her they need to submit
building permit applications and appear at the hearing on January 10, 2006.
("iisQ DEPARI ,.IENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
C Fax: (970) 304-6498
O SOUTHWEST OFFICE
4209 CR 24.5, Longmont, CO 80504
COLORADO Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
December 9, 2005
FELIPE DE JESUS MORALES
15685 MARY AV
FORT LUPTON CO 80621 •
Subject: VI-0500355, Lot 7, Block 27, Aristocrat Ranchettes 2nd Filing, Weld County, Colorado
Dear Mr. Morales:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the
Board of County Commissioners on January 10,2006,at 10:00 a.m.,to consider the violations. The property is in
violation of the following Section(s)of the Weld County Code:
Chapter 23,Article Ill, Division 1, "A (Agricultural)Zone District"
Section 23-3-40 "Uses by special review."
Section 23-3-40.8.17 "Rodeo Arenas, Commercial
Section 23-3-40.8.18 "Roping Arenas, to include both indoor and outdoor arenas,
commercial.
Section 23-3-C.1 "Race tracks."
Section 23-3-50 "Bulk requirements."
Chapter 29,Article Ill "Building Permits"
Section 29-3-10 "Building permit required."
To bring your property into compliance:
All commercial rodeo activity shall cease until a Use by Special Review permit is obtained.
Building permits shall be obtained for all non-permitted structures on the property,
setbacks and offsets shall be verified, and all required inspections shall be completed.
This meeting will take place at the Weld County Planning Department Office,918 10th Street, Greeley,Colorado.
It is recommended that you or a representative be in attendance at this meeting to answer any questions the
Board of County Commissioners might have regarding the violation.
The Department of Building Inspection 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,the action necessary to correct the violation,and that you were given sufficient
time to remedy the violation. If you have any questions concerning this matter, please contact me at the above
address, telephone number or e-mail address.
Sincerely,
Nu
Peg9y iregorY eat
Building Compliance Officer -
pc: VI-0500355
U.S. Postal Service,„
m CERTIFIED MAIL,., RECEIPT
H (Domestic Mail Only;No Insurance Coverage Provided)
F r•elivery inf•rmation visit•ur we•site at www.us•s.c•rot,
N *-d . :. jd' -. F3 a•n M '
Postage $
m
O Certified Fee
l7
O Return Receipt Fee er
(Endorsement Required) H Herae Dom-, Restricted Delivery Fee
(Endorsement Required)
RJ
Total Postage&Fees $
o ant To
C Felipe de Jesus Morales
Street,Apt.No.;
oi POBoxNo. 15685 Mary AV
City,State,nP.a Fort Lupton CO 80621
PS Form 3800.June 2002 See Reverse tar Instructions
SEN a E': C•M•LETE THIS SECTI•N C•M•LETE THIS SECTI•N •N•ELIVERY
IN Complete items 1,2,and 3.Also complete A,Sign ure
item 4 if Restricted Delivery is desired. • Agent
• Print your name and address on the reverse
� L Addressee
so that we can return the card to you. B. =ved by(Printed Name) C. Date of.:livery
II Attach this card to the back of the mailpiece, - is • �`` /2
or on the front if space permits. D. s delivery address different from' - 1? u Y
1. Article Addressed to: If YES,enter delivery address below: ❑No
FELIPE DE JESUS MORALES
15685 MARY AV
FORT LUPTON CO 80621
3. Service Type
to Certified Mall ❑Express Mail
O Registered O Return Receipt for Merchandise
El Insured Mall O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7004 2890 0003 5709 4138
(Transfer from service lab.
PS Form 3811,February 2004 Domestic Return Receipt 1025ssm-M-1540
4 DEPARTMENT OF PLANNING SERVICES
4Building Compliance Division
F
NORTH OFFICE
918 10th Street, Greeley, CO 80631
ip
Website: www.co.weld.co.us
E-mail Address: pgregory(&co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Wle Fax: (970) 304-6498
SOUTHWEST OFFICE
COLORADO 4209 CR 24.5, Longmont, CO 80504
Phone: (720)652-4210, Ext. 8730
Fax: (720) 652-4211
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
•
October 12, 2005
FELIPE DE JESUS MORALES
15685 MARY AV
FORT LUPTON CO 80621
Subject: VI-0500355, Lot 7, Block 27, Aristocrat Ranchettes 2nd Filing, Weld County, Colorado
Dear Mr. Morales:
It has been determined that the property located at 15685 Mary Avenue is currently in violation of the following
Sections of the Weld County Code,.
Chapter 23,Article Ill, Division 1 "A(Agricultural)Zone District"
Section 23-3-40 "Uses by special review."
Section 23-3-40.6.17 `Rodeo Arenas, Commercial
Section 23-3-40.8.18 "Roping Arenas, to include both indoor and outdoor arenas, commercial.
Section 23-3-40.C.1 "Race tracks."
Section 23-3-50 "Bulk requirements
Chapter 29,Article Ill "Building Permits"
Section 29-3-10 "Building permit required."
To bring your property into compliance with the Weld County Code:
No commercial rodeo activity shall occur without a Use by Special Review permit.
Building permits shall be obtained for all non-permitted structures on the property,setbacks and offsets
shall be verified,and all required inspections shall be completed.
For questions regarding the rodeo and roping issues, I suggest you speak to one of our"On-Call"Planners. To better
serve the public, we have two locations open. Our North office is located at 918 10`h Street in Greeley and we have a
planner available Monday through Thursday from 7:30 a.m. to 11:30 a.m. Our Southwest office is located at 4209
County Road 24.5. A planner is available at that office Monday through Thursday from 12:30 p.m.to 4:30 p.m. You do
not need to call for an appointment as individuals are seen on a sign-in basis. There is not a planner available at either
office on Fridays. To better serve you, please bring this letter with you.
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 12, 2005, to
correct this 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.
Felipe DeJesus Morales
October 12, 2005
page two
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.
cerely,
te A
Pegg fag oD'
Building Compliance Officer
pc: VI-0500355
Bethany Salzman, Zoning Compliance Officer
DEPARTMENT OF PLANNING SERVICES
Kitb Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
pgregory@co.weld.co.us
I Phone: (970) 353-6100, Ext. 3568
WI I D Fax: (970)304-6498
Q SOUTHWEST OFFICE
4209 CR 24.5, Longmont, CO 80504
COLORADO Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
September 16, 2005 •
FELIPE MORALES
15685 MARY AV
FORT LUPTON CO 80621
Subject: Lot 7, Block 27, Aristocrat Ranchettes 2"d Filing, Weld County, Colorado
Dear Mr. Morales:
It has come to the attention of the Department of Building Inspection that we have no record of building
permits for two of the structures on your property at 15685 Mary Avenue.
Section 29-3-10 of the Weld County Code states:
No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered,
repaired, moved, improved, removed, converted or demolished unless a separate building permit for each
building or structure has been first obtained from the Building Inspection Department.
I have enclosed permit applications for your convenience. Please submit the forms, plus all required
documents,within 10 days from the date of this letter to avoid a violation notice. If you have any questions, I
may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter.
S'
Ank
Peggy Gregory
Building Compliance
SERVICE,TEAMWORK.INTEGRITY,QUALITY
tr.)
rs
DEPARTMENT OF PLANNING SERVICES
' Code Compliance Division
C
918 10'h 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 ❑ Staff/Name: }( Citizen O Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
k BUILDING CODE COMPLAINT
II PUBLIC WORKS/PEST&WEEDS Date Complaint was received: `n
1-Z, -C)
Pending Case#(i.e. USR,RE, SE, ect...):
Legal Description: \ (�}� C�\l`?( t. .4-1 S{ (;t[:4- YVicf !Parcel#: 1aCk-41- \- -no-A
Violation Address: lfty fS WortA [\yam
Property Owners Name: \tXti c i.C. c-C t ,. Phone:
Property Owners Address: tk* 14 t Fit ; ( Rot on
Tenant's Name: 't` Phone:
Tenant's Address:
NATURE OF COMPLAINT: Z>,U'C�� (XVI hrn cr-ri 0 f`,S cn LCt kR 1'Y{ -
( t lrn l (nm t).i'Cpncll i I c y-tr: ►-t VIUKS.C1 't .tt_erS
\\"1/41--5,1‘ ‘.C 42 `!`-i' r� l I CA& (w A rct a 1 �tc en Or-e vA41-I(Lk —
Additional Notes: C` b'*,_-
cta
DEPARTMENT OF PLANNING SERVICES
C
1 Code Compliance Division 918 101h
(970) Greeley,0 CO 80631
O Phone: (97O) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
❑ ZONING CODE COMPLAINT ❑ Staff/Name: X Citizen 0 Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
X BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: "/�,1-k
Pending Case#(i.e.USR, RE, SE,ect...):
^� t ,�' U sd� ZrdV(Uvik- n i
Legal Description: 1 �� 1,�[}�(�,1,�(�"a 1, n�p( (V), " Parce #: Y U4 - t- ,q n -coq
Violation Address: 1: 7Cy E- _ct, p(�eArk..\, 1 ,
Property Owners Name: ` \ l-X alkTh I 6F-C AA Phone:
Property Owners Address: VnA- UL d*," ^rn I j�
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: t-�( St ctUSSLUCCD CL, \-ke)I (a )M-l1
nnmi��1 - Ek\PJ f± SLtY)Nkn
Additional Notes: .X_ \ tUD Q `\f'' OA rak...0 Inatrih(r\ & -CAO1 D CUM.,
a— \r ad V1,11/4"C\ \N'Artie)f 40 C vcn
A-1,20 nitt ochaLkVvlm ork \-\esk msl a ' u i k- —
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5207486 Parcel#: 130927119004
Tax Area: 2241 Bordering County:
Acres: 0.99
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
02 -66 - 27 - 1 ARISTOCRAT RANCHETTES 2ND FG - 27 - 7
Owners Name&Address: Property Address:
MORALES FELIPE DE JESUS Street: 15685 MARY AV WELD
15685 MARY AVE City: WELD
FORT LUPTON, CO 80621
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception#
8/23/2002 $195,000 WD 2981999
Legal Description
2AR27-7 L7 BLK27 2ND ARISTOCRAT RANCHETTES SITUS: 15685 MARY AV WELD 80621
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Measure Units Actual Value Value
Residential 1112 Acres 0.99
Land Subtotal: 0.99 $49,500 $3,940
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
2 Out Building
Improvements Subtotal: $106,075 $8,440
Total Property Value $155,575 $12,380
Building Details
Account#: R5207486 Parcel#: 130927119004
Owners Name&Address: Property Address:
MORALES FELIPE DE JESUS Street: 15685 MARY AV WELD
15685 MARY AVE City:WELD
FORT LUPTON, CO 80621
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Modular Year Built: 1990
Exterior: Frame Hardboard HVAC: Forced Air
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13 092... 09/29/2005
Identify Results Page 2 of 2
Interior Finish: Drywall Built As SQ Ft: 1080
# of Baths: 2 Roof Type: Gable
#of Bdrms: 3 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: 6 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: 1080 Finished SQ Ft: 1080
Account#: R5207486 Parcel#: 130927119004
Owners Name&Address: Property Address:
MORALES FELIPE DE JESUS Street: 15685 MARY AV WELD
15685 MARY AVE City: WELD
FORT LUPTON, CO 80621
Building# Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1983
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 672
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 09/29/2005
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y g / WARRANTY DEED
THIS DEED, Made this 23rd day of August , 2002,
between Jeanne M. Brown
State QOc. Fee
of the County of Weld and State of Colorado $ `�"Iq
grantor,and Felipe de Jesus Morales
whose legal address is 15685 Mary Avenue, Fort Lupton, CO 80621
of the County of Weld and State of Colorado ,grantee:
WITNESSETH.That the grantor,for and in consideration of the sum of ONE HUNDRED NINETY FIVE
THOUSAND AND NO/100
DOLLARS,O195,000.00 ),
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 7,
Block 27,
Aristocrat Ranchettes Subdivision,
Second Filing,
County of Weld, State of Colorado
also lmown by sheet and number as 15685 Mary Avenue, Fort 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 end 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 gantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and
agree to and with the gantee,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-sales,liens,taxes,assessments,
encumbrances and restrictions of whatever kind or nature soever,except for taxes for the current year,a lien but not yet due
and payable,and those specific Exceptions described by reference to recorded documents as reheated in the Title
Documents accepted by Buyer in accordance with section fla[Title Review],of the contract dated
July 25, 2002 between the parties.
The grantor shall and will WARRANTANDFOREVER DEFEND the above-bargained premises in the quiet and peaceable posses-
sion 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.
d -��rama M. BrTT
U
STATE OP Colorado
)ss.
COUNTY OP Adams
The foregoing instrument was acknowledged before me this 23rd day of August ii',oust '-. by
Jeanne M. Brown � !C `
My Commission expires: Witness my hand:,;off$ial sd�0'1 I I
@m D.Clement C .
-
7220 Bridge Street
Brighton,Colorado 80801
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