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Home My WebLink About20061270.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0500166 AGAINST SAM AND VALERIE VIGIL, JR. 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, Sam and Valerie Vigil, Jr., VI #0500166, are 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 9th day of May, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Sam and Valerie Vigil, Jr. were 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 Sam and Valerie Vigil, Jr. 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. 2006-1270 PL0824 00 . PL, VIOL , o4 ni z -o VIOLATIONS - VI #0500166 - SAM AND VALERIE VIGIL, JR. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of May, A.D., 2006. zt BOARD OF OUNTY COMMISSIONERS WELD CO TY, COLORADO ATTEST: g O_c4 I. J. Geile, Chair Weld County Clerk to the Ffe jt EXCUSED 4U V- -e4 David E. Long, Pro-Tem Duty Cle to the Board ` F7.7 William H. Jerke AP OV AST EXCUSED Robert D. Masde unty A torney y2 ./Jo A I rit-ALA lenn Vaadaad Date of signature: 5Ih'I 2006-1270 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Sam Jr. & Valerie Vigil Violation: VI-0500166 Address: 23081 CR 23, Milliken, CO 80543 Legal: Part of the SE4 of Section 2, T4N, R67W of the 6'" P.M., Weld County, Colorado Location: West of and adjacent to CR 23 North: Milliken, Agricultural Zoning South: Milliken, Agricultural Zoning East: Milliken West: Milliken, Agricultural Zoning Parcel Number: 1059-02-0-00-020 Acreage: 3.29 +/-Acres Certified mail date: March 27, 2006 Received: April 12, 2006 April 19, 2006 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-20.A, 23-3-30, 23-3-30.F and 23-3-30.1 and Chapter 29, Article 111(3) of Section 29-3-10 of the Weld County Code. REMEDY To bring the property into compliance the following shall occur: P. The non-permitted mobile home shall be removed from the property. D. The Noncommercial Junkyard shall be removed, restored or completely screened from all adjacent properties and public rights-of-ways. ► Appropriate building permits shall be completed and submitted. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. CASE HISTORY August 16, 1999 PR-9930251 building permit submitted for Principle Dwelling. December 16, 1999 PR-9930251 finalized mobile home on un-finished basement. April 26, 2005 Initial complaint received. April 27, 2005 Initial inspection completed. 2006-1270 Vigil Page 2,VI-0500166 January 9, 2006 Five day compliance encouragement letter issued. January 19, 2006 Violation letter issued. February 8, 2006 Valerie Vigil called and left message. February 9, 2006 I spoke to Mrs. Vigil briefly over phone. February 10, 2006 I left message for Mrs. Vigil to call me. March 27, 2006 Property inspected. Property remains in violation. March 27, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. April 11, 2006 Violation Hearing continued until May 9, 2006. April 12, 2006 Valerie Vigil called and indicated that she had just received the March 27th letter regarding a hearing for April 11, 2006. April 12, 2006 Letter re-sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10T" Street GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman(a�co.weld.co.us to PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 April 12, 2006 MR. & MRS. SAM VIGIL JR 7208 GULF HIGHLANDS DR PORT RICHEY, FL 34668 Subject: VI-0500166, Part of the SE4 of Section 2, T4N, R67W of the 6'h P.M., Weld County, Colorado Dear Mr. & Mrs. Vigil Jr: The property referenced above remains in violation of the Weld County Code. I originally scheduled your case to appear before the Board of County Commissioners on April 11, 2006 at which time I requested a continuance for May 9, 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 III, Div 1 "A (Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-20.A "One (1) Single-Family Dwelling Unit and Auxiliary Quarters per LEGAL LOT." Section 23-3-30 "Accessory uses." Section 23-3-30.F "Mobile homes subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-30.1 "Noncommercial Junkyard." Chapter 29, Article 111(3) "Building Permits." Section 29-3-10 "Building permit required." To bring the property into compliance: ► The NONCOMMERCIAL JUNKYARD shall be restored, removed or completely SCREENED from all adjacent properties and public rights-of-ways. ► The mobile home shall be removed from the property. ► The Weld County Code allows 1 (one)LIVING UNIT per household(unless zoned R-2, R-3 or R-4); however, there are not provisions allowing more than 1 (one) kitchen per household. Furthermore, any structural, pluming or electrical work requires a building permit. Mr.&Mrs.Vigil Page 2,VI-0500166 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; is not registered with the State,as required by Section 42-3-103, C.R.S., or by Section 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. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. 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, kari Bethany Salzma Zoning Compliance Officer II pc: VI-0500166 Department of Planning Services Bruce Barker, County Attorney U.S. Postal Service, o CERTIFIED MAIL, RECEIPT P- (Domestic Mail Only;No Insurance Coverage Provided) M1 F.r.slivery inf.rmati.n visit.ur we.site at www.os.s.c.m; r- 0 uT r 127; '17 mow , +„ Postage $ rl D Cerdled Fee Postmark O Return Receipt Fee Here (Endorsement Required) (Endoredsement Delivery Fee '� Required) a Total Postage S Fees Sent To IM MR. & MRS. SAM VIGIL JR N $aeet,Apt.Na; or Po Box No. 72 0 a__G U.L E..11IGJ3LAND&..DR Cly,State,ZIP.4 PORT RICHEY FL 46 8 • SENeE': CIIWLETE TiilS SECTUN C•M•LETETHISSECTI•N eN •ELIVERY • Complete items 1,2,and 3.Also complete A ignatura" Item 4 If Restricted Delivery is desired. ! / 0 Agent • Print your name and address on the reverse X - .fir' J 0 Addressee so that we caakMtilrn the card to you. B. Received by(Printed N: ,J . Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address differed from Item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No MR. & MRS. SAM VIGIL JR 7208 GULF HIGHLANDS DR PORT RICHEY, FL 34668 3. Service Type $RCertified Mail 0 Express Mall ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. 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