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HomeMy WebLinkAbout20063384 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ALBERTO LOYA 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,Alberto Loya, VI #0600435, 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, Alberto Loya 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 vehicle 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 #0600435 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Alberto Loya 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 vehicle to bring the subject property into compliance. 2006-3384 PL0824 011 . /-)L L'/c1_ £ )/-CS -c'7 VIOLATIONS - VI #0600435 -ALBERTO LOYA 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 ,& vA2I ATTEST: J 771 '`• +m n Ji e, Chair Weld County Clerk to the Board P i, . 41v E'� vid E. Long, Pro-Tem BY: Dep Clerk t he Board " k- Will' m H. Jerke AP OV DASTOF 1p^ n Robert D. MasdeUnV o t A orney EXCUSED Glenn Vaad Date of signature: i I� ICI 2006-3384 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Alberto Loya Violation: VI-0600435 Address: 4449 Mesa Verde Dr, Greeley, Colorado 80634 Legal: Lot 1, Block 1, West Hill-N-Park, Weld County, Colorado Location: East of and adjacent to 47th Ave and North of and adjacent to 49th Street 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: 0959-26-3-34-012 Certified mail date: November 20, 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 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 September 19, 2006 Initial complaint received. September 19, 2006 Initial inspection completed. September 22, 2006 Five day compliance encouragement letter issued. October 2, 2006 Violation letter issued. November 16, 2006 Property inspected. Property remains in violation. November 20, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2006-3384 a DEPARTNI_.JT OF PLANNING SERVICES North Office Code Compliance Division 918 10'h Street, Greeley, CO 80631 WWW.CO.WELD.00.US ll 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 20, 2006 Alberto Loya 4449 Mesa Verde Greeley, CO 80634 Subject: VI-0600435, Lot 1, Block 1, West Hill-N-Park, Weld County, Colorado Dear Mr. Loya: 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 a red derelict vehicle 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 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 4 202 to 42-2-227, C.R.S. This definition III not include implements of husbandry,farm tractors or vehicles customarily operate° 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. Sincer U.S. Postal ServiceTM -u CERTIFIED MAILTM RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) Ann Siron D F. elweryinf•rmatnnvisit •urwe•siteat www.us•s.c. Zoning Compliance Officer pc: VI-0600435 Postage $ Department of Planning Services ,a Bruce Barker, County Attorney O Certified Fee Return Receipt Fee Postmark O (Endorsement Required) Here al Restricted Delivery Fee t (Endorsement Required) P-9 r9 Total Postage&Fees $ ci Sent To Cllbc.r11C) L., or PO Box No.atreet.Apt. qN 44 C/:it. \y y City,State,ZIP+4 Lt1L r .1-w 7� r SF rm 38.r,June 2r r2 See everse f r Instructs ns 0 ii'1/$ ^ 1 Weld County Department of 1 Planning Services wipe Inspection Report COLORADO 918 10°i St Greeley, CO 80631 Date of Inspection: Permit/Case No.: 1r r 'et / Y� 1 Property Owner Name: /� f1Jt /' Address: /711// , .� !/`( . <f Upon a(visual)(on-site) inspection of the property listed above,the following i were noted: Inspection by: �r Contact Name. - , Contact Phone Number: 970-353-6100, Ext. 3555 or Ext. 35661 Copy of this inspection was: O Left on Site ❑1N g1JFd nit Pictures taken during inspection: 1 O No DEPARTMENT OF PLANNING SERVICES a 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 I Phone: (970) 353-6100, Ext. 3566 CFax: (970) 304-6498 O Southwest Office COLORADO• 42, C 4 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE October 2, 2006 Alberto Loya 4449 Mesa Verde Dr Greeley, CO 80634 Subject: VI-0600435, Lot 1, Block 1, West Hill-N-Park, Weld County, Colorado Dear Mr. Loya: 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.B "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 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 DERLEICT 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 ENCLSOED 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.,..S., and/or the number plate assigned to ii 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. Sincere) , ( ,0(c/a Ann Siron Zoning Compliance Officer pc: VI-0600435 Department of Planning Services Bruce Barker, County Attorney O O 'S1;\\ "IR Weld County Department of Planning Services Wine. Inspection Report COLORADO 91810`"St Greeley, CO 80631 Date of Inspection: Permit/Case No.: 14 1.0C 'N-i:-)5 Property Owner Name: ; I b is t tr.- Address: ' /`/ /2i/[_�'/. V C lr/ 1'y'� i Upon a(visual)(on-site)inspection of the property listed above,the following item were noted: Qi 4C (..c (e ('7" 1 /j/& C.i II Inspection b P.P y: C 2 H - Contact Name: i a.tt..i 1 \. ( L Contact Phone Number: 970-353-6100,Ext.3555 Copy of this inspection was: efr nn Si O Mailed on. Pictures taken during inspection: O Yes t o ~� { II DEPARTMENT OF PLANNING SERVICES tri . : North Office "� Code Compliance Division 918 10th Street, Greeley, CO 80631 Website:e: WWW.CO.WELD.CO.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 September 22, 2006 Alberto Loya 4449 Mesa Verde Dr Greeley, CO 80634 Subject: VI-0600435, Lot 1, Block 1, West Hill-N-Park, Weld County, Colorado Dear Mr. Loya: 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 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. Sincerely, ae6n32(ayt Ann Siron Zoning Compliance Officer pc: VI-0600435 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES 1 Code Compliance Division 918 10'h Street, Greeley, CO 80631 C Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by:J t (t3S ri ZONING CODE COMPLAINT ❑ Staff/Name: ❑ Citizen c Other: in HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST R. WEEDS Date Complaint was received: —( 'I 0 Cc Pending Case#(i.e.USR, RE, SE, ect..,): Legal Description: 112 Rik 1 �,( ;. "-LC( ( G�—1 Parcel #: 0'J`I6Cj -2.1( 2,,- j� -0)1 `Y�J 9 trier-4 L/F[ LL� fir F rr 'Violation Address: p /"' �T � (i_P� { f� Property Owners Name: G.r I './ �C�il?Lr Phone: Property Owners Address: Tenant's Name: Phone: Tenant's Address: �j /� NATURE OF COMPLAINT: O) CLt L,[ta.' (- a (eZti Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0042801 Parcel#: 095926334012 Tax Area: 2820 Bordering County: Yt`_ O R1n.l Acres: 0.35 �lJ'C Township Range Section Ouart.Sec. Subdivison Name Block# Lot# 05 - 66 - 26 - 3 WEST HILL N PARK 5TH FG - 1 - 12 Owners Name &Address: Property Address: LOYA ALBERTO I Street: 4449 MESA DR WELD 4449 MESA VERDE DR City: WELD GREELEY, CO 80634 Business/Complex: Sales Summary Sale Date Sale Price Deed Ty pc Reception # 3/31/2004 $165,000 WD 3168061 Legal Description f WHP5 L12 BLK1 WEST HILL-N-PARK 5TH FG SITUS: 4449 MESA DR WELD 000000000 Land Valuation Summary. Land Type Abst Code Unit of Number of Assessed yP Measure Units Actual Value Value Residential 1112 Site Land Subtotal: $62,000 $4,940 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $119,769 $9,530 Total Property Value $181,769 $14,470 Building Details Account#: R0042801 Parcel#: 095926334012 Owners Name&Address: Property Address: LOYA ALBERTO I Street: 4449 MESA DR WELD 4449 MESA VERDE DR City: WELD GREELEY, CO 80634 Building# Property Type 1 Residential Individual Built As Detail Built As: Split Level Year Built: 2004 Exterior: Frame Hardboard HVAC: Forced Air http://maps2.merri ck.com/Website/Weld/setSql.asp?cmd—QUERY&DET=PP8cp in=0959... 09/19/2006 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft 1330 # of Baths: 3 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 462 Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0959... 09/19/2006 tx. ) 4 is , in L L 6 % r. k v J 2 cc ; t .. % « le i $ / a / ? tz k I . / » $ % $ $ S 1 / | CO I $ $ 46 ' . _ E §CO u [ § .\ § � .g 2 c o a \ \n J 3 - 0-m a 21.)1 \7 Aon 41 v. \ , :iii- & d . ! § ; . = a 'U::1.1.:} / \ - U :2 qc 47 E ■ !iIi Ci n ■. i ' t / t � / Z$ X= o » � $q _ �_ ez w k % - g ® ® §44 Ni . / \ # cm 2, 2 § 44 § . o J 2 1 7 $ & i 7 . . . 2 « • •'* I'. ,g r 4.,,,A I n d t s :f....7x• •• uw .t:„ ... 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J'-'..i.':•-,:f,.'; C E EE jx;w + t '✓rat?• !:I.0 11111111111111111h u he,4il1111111111111IIIIIIIIIIIII 3168061 04/06/1004 10:48* Weld County, 00 � 1 of 1 R 6.00 0 16.60 Stave Moreno Clerk&Recorder I� 4• 4c- WARRANTY DEED Ga 5d THIS DEED, Made this 31st day of March, 2004 between /6�, Lifestyle Homes, Inc., A Colorado Corporation of the County of Weld and State of Colorado, grantor, and AlbertolLoya Anse legal address is 4449 Mesa Verde Drive, Greeley, Colorado 80634 of the County of Weld and State of Colorado, grantees: WITNESSETH, That the grantor for and in consideration of the sum of ONE HUNDRED SIXTY FIVE THOUSAND AND 00/100, ($165,000.00) Dollars, 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 12, Block 1, West Hill-N-Park 5th Filing, County of Weld, State of Colorado. also known by street and number as 4449 Mesa Verde Drive, Greeley, Colorado 80634 TOGETHER with all and singular the hereditaments 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, 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 seised 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 general taxes for 2004 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; 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 for*,,pbove. Lifestyle Homes, Inc., A lcado 0'•, t. e'. Corporation z i c,' J On s.,'•' �a1 4 . n ; �a����1� F. BY etty ,Jf dath. Betty J ach, Assistant6gcrAja4y, ' • STATE OF COLORADO } } es. The foregoing instrument was acknowledged before County of Weld ) me this 31st day of March, 2004 • by Betty Jo Beach as Assistant Secretary of Lifestyle Homes, Inc. , a Colorado Corporation witness my hand and official seal. My commission expires April 13, 2006 co • NOTARY PUBLIC 1113 Tenth Avenue No. 932A. Rev. 7-84 Greeley, COLORADO 80631 TNGS =--- HILL-N-PARK I MIIIIIIII®PJIIIIIIai EVANS r ■■ LOYA, ALBERTO milling !!!■rl . f ■■■■■■ ■■■rlMP jr �. 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