HomeMy WebLinkAbout20063386 RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600314
AGAINST ELIAS VILLAGOMEZ 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, Elias Villagomez, VI #0600314, 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, Elias Villagomez 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 Elias Villagomez 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.
2006-3386
ea ,` P/, `�/OL PL0824
0/OS-07
VIOLATIONS -VI #0600314 - ELIAS VILLAGOMEZ
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
�I��Q�/�(/® ''l(/////1���� - � ��.�. WELD COUNTY ORADO
ATTEST: f ,'..:
Igo ' ,, 1 xs'i_ _ . Geile, Chair
Weld County Clerk to the Bo d f4 ,/ 1
--
BY: ,rut p�{I(1�� 4 c,�-t_ , Vivid E. Long, Pro-Tem
Depu Clerk tbthe BoardV^'� ,4.....„
W ' m H. Jerke
APPROVE.C�' AS T : W ---
'-___:,7...„,"'
�/ `' Robert D. Masden
��
ounty Attorney EXCUSED
Glenn Vaad
Date of signature: 11416-1
2006-3386
PL0824
•
Weld County Violation Summary
Compliance Officer, Ann Siron
BASIC INFORMATION
Property Owner: Elias Villagomez
Violation: VI-0600314
Address: 39343 Blvd D, Eaton, CO 80615
Legal: Lot 8-15, Block 20, Camfield, Weld County, Colorado
Location: West of and adjacent to CR 51 and directly South of Hwy 14
North: Agriculture
South: Agriculture
East: Agriculture
West: Agriculture
Parcel Number: 0711-18-0-15-019
Certified mail date: October 30, 3006 Received: November 3, 2006
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30
and 23-3-30.1 of the Weld County Code.
REMEDY
To bring the property into compliance the"Noncommercial Junkyard" consisting of several derelict
vehicles shall be restored, removed or completely screened from all adjacent properties and public rights-
of-way.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office for immediate legal action.
CASE HISTORY
July 13, 2006 Initial complaint received.
July 13, 2006 Initial inspection completed.
July 24, 2006 Five day compliance encouragement letter issued.
August 7, 2006 Violation letter issued.
August 8, 2006 Property owner's son called and asked for me to explain violation. Property
owners did not speak English.
October 17, 2006 Property inspected. Property remains in violation.
October 30, 2006 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2006-3386
November 11, 2006 Property owner came into the office and met with Roger Vigil and myself as he
did not speak English. He said all vehicles were tagged and running except one
that had flat tires. I asked that copies of registration be provided or an on-site
inspection scheduled once all vehicles were in running condition.
DEPARTh ,T OF PLANNING SERVICES
North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
WWW.CO.WELD.CO.US
W.CO.W ELD.CO.US
I E-mail Address: asiron@co.weld.co.us
Phone (970) 353-6100, Ext. 3566
Fax (970) 304-6498
Cei
Southwest Office
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
October 30, 2006
Elias Villagomez
39343 Blvd D
Eaton, CO 80615
Subject: VI-0600314, Lot 8-15, Block 20, Camfield, Weld County, Colorado
Dear Mr. Villagomez:
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 1 "A (Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right"
Section 23-3-30 "Accessory Uses"
Section 23-3-30.1 "Noncommercial Junkyard"
To bring the property into compliance:
The"Noncommercial Junkyard"consisting of several derelict vehicles shall be removed,
restored or screened from all adjacent properties and all public road right-of-ways.
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 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
required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include
implements of husband arm tractors or vehicles customarily operai n 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, U.S.Postal ServiceTM
•
•
CERTIFIED MAIL RECEIPT
Lit/l o (Domestic Mail Only;No Insurance Coverage Provided)
rr
Ann Siron f r•elivery inf•rmati•n visit ur we•slte etwww.us•s.c•m,
Zoning Compliance Officer m
pc: VI-0600314 Postage $
Department of Planning Services o codified Fee
Bruce Barker, County Attorney o Postmark
Return Receipt Fee Here
(Endorsement Required)
9 Restricted Delivery Fee
(Endorsement Required)
rR cc
Total Postage 8 Fees $
U.)
o Sent ToCA%cL5- <<1 ----Cr CZ-
0
C` Sneer,Apt.xNo., 3`1 13-- \x D
or PO Box No. U-1. U
City Sfate,ZIPW C o
3EN�E•: C�M•LETE THIS SECT/•N C•M•LETS THIS SECTUN .NPELIVE•Y
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. I O Agent
• Print your name and address on the reverse � • - V' O Addressee
so that we can return the card to you. oT/R •(dived by(Pd fe Name) c.,D t:of D:ivery
• Attach this card to the back of the mailpiece, /0" O.L I t, c-7 I
or on the front if space permits.
D Is delivery address different from Rem 17 Yes
1. Article Addressed to: r. r C
If Y ,ehtArH�Rvery address below: O No
GafonIC2c6C)LoI6
t"' 4Vdi Certified Mail O Express Mail
■ Registered O Return Receipt for Merchandise
O Insured Mail O C.O.D.
4. Restricted Deliver)?(Extra Fee) O Yes
2. Article Number 7005 1160 0001 4537 9094
(Transfer from service IabeO
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
(ea
� Weld County Department of
PlanniWIIDe Inspection
Report
O Inspection Report
COLORADO 918 10`" St
Greeley, CO 80631
Date of Inspection:
Permit/Case No.: V i .' {
Property Owner Name: ' r/,
Address: ', /'riy;
Upon a(visual)(on-site) inspection of the property listed above,the following it
were noted:
,4 i i i"/
f k -
Inspection by: Contact Name
Contact Phone Number: 970-353-6100,Ext. 3555 or Ext. 3566
Copy of this inspection was: ❑Left on Site
Pictures taken during inspection: O Yes R'No
DEPARTMENT OF PLANNING SERVICES
North Office
Code Compliance Division
918 10`"Street, Greeley, CO 80631
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 Southwest Office
• 4209 4
COLORADO
Longmont, CO 80504
Phone: (720)652-4210, Ext. 8730
Fax: (720) 652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
August 7, 2006
Elias Villagomez
39343 Blvd D
Eaton, CO 80615
Subject: VI-0600314, Lot 8 thru 15, Block 20, Camfield, Weld County, Colorado
Dear Mr. Villagomez:
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 23-3-30.1 "Noncommercial Junkyard"
To bring your property into compliance with the Weld County Code:
The "Noncommercial Junkyard" consisting of several derelict vehicles shall be removed,
restored or completely screened from all adjacent properties and public rights-of-way.
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 .t 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
August 7,2006,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,
Quccu'
Ann Siron
Zoning Compliance Officer
pc: VI-0600314
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
�6 North Office
bl Code Compliance Division
918 Street, Greeley, CO 80631
Website:e: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
wilD
Illik
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
July 24, 2006
Elias Villagomez
39343 Blvd D
Eaton, CO 80615
Subject: VI-0600314 Lot 8 thru 15, Block 20, Camfield, Weld County, Colorado
Dear Mr. Villagomez:
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 "Noncommercial Junkyard"consisting of several 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.
Sin I
Ann Siron
Zoning Compliance Officer
pc: VI-0600314
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
O
A
fWeld County Department of
�����• Inspection o Report
ervices
Report
COLORADO 918 10`° St
Greeley, CO 80631 •
Date of Inspection: —C'Xr
Permit/Case No.. �.� f " �( ; ,(! 1
Property Owner Name: i(. V //a i(1)17)e' Z,
Address: '5'J -541 ') �/ U't./ % J
Upon a(visual)(on-site)inspection of the property listed above,the following items
were noted:
Inspection by: > Contact Name: I / )
Contact Phone Number: 970-353-6100,Ext.3555
Copy of this inspectiva-was: on rte O Mailed d of n.
Pictures taken during inspection: O Yes 0 N
sies...71.----s.Hr
DEPARTMENT OF PLANNING SERVICES
Willie Code Compliance Division
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 : V 1 " (4
O ZONING CODE COMPLAINT 0 Staff/Name: Citizen O Other:
El HEALTH DEPARTMENT Citizen's Name(If known):
D WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
D BUILDING CODE COMPLAINT
D PUBLIC WORKS/PEST& WEEDS ��))
Date Complaint was received: 1 —13 —OLE'
Pending Case#(i.e. USR,RE, SE, ect...):
Legal Description: Li -tS�1,—FA/k ;ri) (I fil c Id Parcel#: 6711-/f-6 -IS-019
Violation Address: / 1�h��__ I l t �l ? E/��, ��
Property Owners Name: `( .l I�Q `"\j I t (ABM-1/19 Phone:
Property Owners Address:
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: ( 11 ' l I 1
Additional Notes:
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R8460700 Parcel#: 071118015019
Tax Area: 0249 Bordering County:
Acres: 0.64
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
07 - 64 - 18 - 0 - CAMFIELD - 20 - 8
Owners Name &Address: Property Address:
VILLAGOMEZ ELIAS Street: 39343 BOULEVARD D WELD
39535 COUNTY RD 51 City: WELD
EATON, CO 80615
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception
12/3/2004 $156,600 SWD 3246852
Legal Description
L8 THRU 15 BLK20 CAMFIELD SITUS: 39343 BOULEVARD D WELD 00000
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Site
Land Subtotal: $19,500 $1,550
Buildings Valuation Sum mary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
Improvements Subtotal: $168,180 $13,390
Total Property Value $187,680 $14,940
Building Details
Account#: R8460700 Parcel#: 071118015019
Owners Name&Address: Property Address:
VILLAGOMEZ ELIAS Street: 39343 BOULEVARD D WELD
39535 COUNTY RD 51 City: WELD
EATON, CO 80615
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 2000
Exterior: Frame Hardboard HVAC: Forced Air
http://maps.merrick.com/W ebsite/W e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=07111... 07/17/2006
Identify Results Page 2 of 2
Interior Finish: Drywall Built As SQ Ft: 1702
# of Baths: 2 Roof Type: Gable
# of Bdrms: 2 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: 4 Units: 1
Garage:
Attached SQ Ft: 586 Detached SQ Ft:
Basement:
Total SQ Ft: 1702 Finished SQ Ft:
http://maps.melrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07111... 07/17/2006
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321665E 12/2712004 02:17P Weld County,CO
852 1 of 1 R 6.00 D 16.66 Steve Moreno Clerk&Recorder
SPECIAL WARRANTY DEED
THIS DEED,Made on December 3,2004 between
Bank One,National Association as trustee,for the holders of ACE Securities Corp.Hone Equity Loan Trust,Series
2002-HEI Asset Backed Pass-Through Certificates
of the County of Orange,State of Florida,grantor(s),and
Elias Villagomes
whose legal address is 39535 WCR 51 •
Eaton,CO 80615
of the County of Weld,State of Colorado,grantee(s): •
W ITNESSETH,That the granta(s)for end in consideration of the sum of One Hundred Fifty Six Thousand Six
Hundred and 001100 DOLLARS($156,500.00),the receipt and sufficiency of which are hereby acknowledged,have
granted,bargained.sold and conveyed,and by these presents do grant,bargain,sell,convey and confirm,unto the'
grantee(s),their heirs end assigns forever,all the real property,together with Improvements,if any,situate,lying and being in
the County of Weld State of Colorado,described as follows:
• Lots 8 through 15 Block 20 Townsite of Camfleld County of Weld State of Colorado
also known by street and number as: 39535 WCR 51,Eaton.CO 80615
TOGETHER with all and singular the heradltaments 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,tale,Interest,claim and demand whatsoever of the grantor(s),either in taw or equity,of,in and to the above
bargained premises,with the hereditaments end appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the
grantee(s),their hairs and assigns forever. And the grantor(s),for themselves,their heirs and personal representatives or
successors,do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained
premises in the quiet and peaceable possession of the grantee(s),their heirs and assigns,against all and every parson ar
person claiming the whole or any part thereof,by,through or under the grantor(s)except
for general taxes end assessments for the year 2004 and subsequent years;and subject to easements,covenants,
reservations,restrictions and rights of way of record.
Wherever used herein,the plural references shall be construed to be singular references and singular refergnces
shall be construed to be plural references where the context requires and aft references of gender and person shalt be
construed to refer to the grantor or grantors identified herein regardless of the context
IN WITNESS WHEREOF,the grantor(s)have executed thls deed on the date set forth above.
•
Bank One,National Association as
trustee,for the holders of ACE Securities
tt t1 n r r Corp.Home Equity Loan Trust,Series
• ‘"0o. rrrx, 2002-HE1 Asset Backed Pass-Through•
•N_ Certificates JOSEPH ILLERY
i 4pFPUq fTe:'fi1.
DH HU.f
=O•, SL, ;,m` BY. en Fede nk,FSB as
JAi ey-In-Fa
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vArrrnttfP`v
N EST:
Secretary
STATE OF FLORIDA
SS.
COUNTY OF ORANGE
The foregoing instrument was acknowledged before me this ' day of l r)tt..cw•w( by
as Director of Ocwen Federal BankSB as Attorney-in-Fact for Bank One,National
Association,as trustee,for the holders of ACE Securities Corp.Home,Equity Loan Trust,Series 2002-HE1 Asset Backed
Pass-Through Certificates.
•
7" mows s.T ONIBURG,li
ia' �
.• M1'COMMISSIONS OD3W700 Witness my hand and official seal. •
EXPIRES:Iwo MY sloe expires
'mat,• lame NowibOwl?'2638
tr»90o
Notary Public
532416e3PFO GG aneBFFaC
No.
lea..•1247 sa wndd mgr ss of Person Creating Newly Created Legal Description(38-35-106.5,C.R.S.)
a21COOTD.2e20 Rev.1101104
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