HomeMy WebLinkAbout20021482.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on June 4, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David E. Long, Pro-Tern
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Donna Bechler
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
Planning Department representative, Trudy Halsey
The following business was transacted:
I hereby certify that a public hearing was conducted to consider whether to authorize the County
Attorney to proceed with legal action against the individuals named for violations of the Weld
County Zoning Ordinance. Cases were heard as follows:
VI#0100163 -JARAMILLO: Trudy Halsey, Department of Planning Services, presented the case
report for the record and stated the property is in violation of Section 29-8-40 of the Weld County
Code. Ms. Halsey stated the violation has been settled and all final inspections have been
completed, therefore, staff recommends dismissal of the case.
Commissioner Long moved to dismiss the case VI#0100163 against Jose and Rita Jaramillo. The
motion was seconded by Commissioner Masden, and it carried unanimously.
VI #0100258 - CATENCAMP / MADSEN: Bethany Salzman, Department of Planning Services,
presented the case report for the record and stated the property is in violation of Sections 23-3-20,
23-3-30, 23-3-30.1, 23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into
compliance, the property owner must completely remove or screen the noncommercial junkyard
from all adjacent properties and all public rights-of-way. In addition, the maintenance of
commercial vehicles constitutes a commercial operation, therefore,the vehicles must be removed
or a Use by Special Review application must be completed and submitted for review. The Board
viewed a video taken by Ms. Salzman on June 3, 2002, showing derelict vehicles, trash, barrels,
wood, and miscellaneous debris.
Neil Madsen, tenant, stated the trailer on the property is licensed; however, the pickup truck is not
licensed because he is trying to sell it. Chair Vaad explained that any vehicle without license plates
is considered a derelict vehicle. Mr. Madsen stated he has moved the trucks to another location
and will no longer be living at this location after the middle of July because they will be moving to
Nebraska. There was no public testimony given.
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Commissioner Geile stated he understands the frustrations Mr. Madsen has brought before them
and moved to refer VI #0100258 against Lou Ann Catencamp, owner, and Neil Madsen, tenant,
to the County Attorney for legal action, with the instruction to delay action upon such referral until
August 4, 2002, to allow adequate time for Mr. Madsen to clean up the property before moving to
another residence in Nebraska. The motion was seconded by Commissioner Long, and it carried
unanimously.
VI #0200043 - OKEY DOKE FARMS: Ms. Salzman presented the case report for the record and
stated the property is in violation of Sections 23-3-20, 23-3-20.P, 23-3-30, 23-3-30.1, 23-4-140 and
29-7-10 of the Weld County Code. To bring the property into compliance,the property owner must
remove or completely screen the noncommercial junkyard from all adjacent properties and public
rights-of-way, and obtain a Building Permit and Zoning Permit for a Mobile Home for the six mobile
homes currently stored on the property. Ms. Salzman stated staff did not receive a confirmation
showing the property owner had received a notice of the scheduled hearing. Neither the property
owner nor a representative was present. There was no public testimony given.
Commissioner Long moved to continue VI#0200043 against Okey Doke Farms, do James Doke,
to July 9, 2002,to allow adequate time for staff to personally contact the property owner and advise
him of the violation hearing. The motion was seconded by Commissioner Masden, and it carried
unanimously.
VI #0100228 - FREEBURG / HARDY: Ms. Salzman presented the case report for the record and
stated the property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.F, 23-3-30.1, 23-3-40 and
23-3-40.0 of the Weld County Code. To bring the property into compliance the property owner
must remove all debris associated with the existing business, and the derelict mobile home must
be removed from the property. Ms. Salzman stated she did a visual inspection of the property on
June 3, 2002, at which time she had concerns about the electrical transformers. She presented
a letter, marked Exhibit A, to the Board from Trevor Jiricek, Director of Environmental Health
Services, indicating the transformers may contain a toxic substance and the Environmental
Protection Agency has been notified. Ms. Salzman stated she spoke with Mr. Freeburg before the
hearing and the property owners have certification that everything has been removed from the
transformers. The Board viewed a video taken by Ms. Salzman on June 3, 2002, showing the
miscellaneous debris on the property.
Jeffrey Freeburg, property owner, stated they received the list of violations last month, and have
been working to clean up the property. Mr. Freeburg stated the business has been removed and
they are in the process of cleaning up the debris from the demolished mobile home. In response
to Commissioner Jerke, Mr. Freeburg stated they are planning to sell the property. There was no
public testimony given.
Commissioner Masden moved to refer VI #0100228 against Jeffrey and Cheri Freeburg and Jeff
Hardy to the County Attorney for legal action,with the instruction to delay action upon such referral
until August 4, 2002,to allow adequate time for the property owners to clean up the property. The
motion was seconded by Commissioner Jerke, and it carried unanimously.
Hearing Certification, Zoning Violations
June 4, 2002 2002-1482
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VI #0200001 - SCHRAM: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.G of the Weld County
Code. To bring the property into compliance, the property owner must remove the salvage yard
or complete and submit a Use by Special Review application for review. Ms. Salzman stated there
are several semi-trailers and cabs on the property which are in the process of being moved to
another location. The Board chose not to watch the video taken by Ms. Salzman on June 3, 2002.
Daniel Schram, property owner, stated 90 percent of the salvage vehicles were loaded on trailers
yesterday and will be taken to the salvage yard for scraping as soon as the ground is dry enough
to move them. There was no public testimony given.
Commissioner Long moved to refer VI #0200001 against Daniel and Michelle Schram to
the County Attorney for legal action, with the instruction to delay action upon such referral until
July 4, 2002, to allow adequate time for the property owners to move the semi-trailers and cabs
to another location. The motion was seconded by Commissioner Jerke,and it carried unanimously.
VI #0100255 - KOHN: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-40 and 23-3-40.H of the Weld
County Code. To bring the property into compliance, the property owner must remove or
completely screen the noncommercial junkyard from all adjacent properties and public
rights-of-way. In addition, the number of household pets must be reduced to fall within the
guidelines as established through the Weld County Code or a Use by Special Review application
must be completed and submitted for review by the Department of Planning Services. Ms.
Salzman stated Mr. Kohn had come to the Department of Planning Services stating he would
cease the kennel operation, but he failed to bring them the required proof. The Board watched a
video taken by Ms. Salzman on June 3, 2002, showing a derelict truck, van, wood, and
miscellaneous debris. Neither the property owner nor a representative was present. There was
no public testimony given.
CommissionerJerke moved to refer VI #0100255 against Arthur Kohn to the County Attorney for
immediate legal action. The motion was seconded by Commissioner Geile, and it carried
unanimously.
VI #0000316 - SEBO PROPERTIES c/o BOB BEHRANDS: Ms. Salzman presented the case
report for the record and stated the property is in violation of Sections 23-3-230, 23-3-230.B, and
23-3-230.B.11 of the Weld County Code. To bring the property into compliance, the property
owner must submit a completed Site Plan Review application to the Department of Planning
Services for review, or the business must cease to operate. Ms. Salzman stated the property
owner submitted a Site Plan Review application yesterday afternoon and staff recommends the
case be referred back to the Department of Planning Services for further consideration. Neither
the property owner nor a representative was present. There was no public testimony given.
Commissioner Geile moved to refer VI#0000316 against Sebo Properties, do Bob Behrands back
to the Department of Planning Services for further consideration. The motion was seconded by
Commissioner Long, and it carried unanimously.
Hearing Certification, Zoning Violations
June 4, 2002 2002-1482
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VI #0000043 - MEZA: Ms. Salzman presented the case report for the record and stated the
property is in violation of Sections 23-3-20, 23-3-30, 23-3-30.1, 29-2-60 and 29-11-40 of the Weld
County Code. To bring the property into compliance the property owner must remove or
completely screen the noncommercial junkyard from all adjacent properties and public
rights-of-way. In addition, the structures must be abated by repair, demolition or boarded.
Ms. Salzman stated the fence was erected, has fallen down, and is being reconstructed with
different types of materials and must be painted in earth-tone colors. Responding to Commissioner
Jerke, Ms. Salzman stated the earth-tone colors consist of white, tan, gray etc. Bright colors such
as pink are not allowed. Responding to Chair Vaad, Ms. Salzman stated a noncommercial
junkyard is allowed on the property; however, it must be screened. Neither the property owner nor
a representative was present. There was no public testimony given.
Commissioner Jerke moved to refer VI #0000043 against Francisco Meza to the County Attorney
for legal action, with the instruction to delay action upon such referral until July 4, 2002, to allow
adequate time for the property owner to screen the noncommercial junkyard. The motion was
seconded by Commissioner Masden, and it carried unanimously.
VI #0100375- DENTLINGER: Ms. Halsey, Department of Planning Services, presented the case
report for the record and stated the property is in violation of Section 29-8-40 of the Weld County
Code. To bring the property into compliance the property owner must complete all required
inspections. Ms. Halsey stated the property owners are making progress and the inspections
should be completed soon.
Leroy Dentlinger, property owner, stated he is nearly finished with the projects he needs to
complete for the final inspections. Responding to Commissioner Geile, Mr. Dentlinger stated he
needs to fill in some dirt and change a couple of electrical items. There was no public testimony
given.
Commissioner Long moved to refer VI #0100375 against Leroy and Julianne Dentlinger to the
County Attorney for legal action, with the instruction to delay action upon such referral until July 4,
2002, to allow adequate time for the property owners to complete all required inspections. The
motion was seconded by Commissioner Geile, and it carried unanimously.
VI#0200027-HEFNER: Ms. Halsey, Department of Planning Services, presented the case report
for the record and stated the property is in violation of Section 29-8-40 of the Weld County Code.
To bring the property into compliance, the property owner must complete all required inspections.
The residents have been living on a Temporary Certificate of Occupancy since December 20, 1999.
Ms. Halsey stated the property owners are no longer answering any of her phone calls, and the
violation notice was unclaimed. Neither the property owners nor a representative was present.
There was no public testimony given.
Commissioner Geile moved to continue VI #0200027 against Troy and Judy Hefner until July 9,
2002, to allow adequate time for staff to personally notify the property owners of the scheduled
hearing. The motion was seconded by Commissioner Masden, and it carried unanimously.
Hearing Certification, Zoning Violations
June 4, 2002 2002-1482
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VI #0200028 - MUNOZ: Ms. Halsey presented the case report for the record and stated the
property is in violation of Section 29-8-40 of the Weld County Code. To bring the property into
compliance, the property owner must complete all required inspections. Ms. Halsey stated the
property owners do not speak English, therefore, staff has been translating through the son.
Several inspections were completed during the past week, and they are very close to having them
all completed. Responding to Commissioner Geile, Ms. Halsey stated the inspectors have been
showing the son exactly what has to be done. Neither the property owners nor a representative
was present. There was no public testimony given.
Commissioner Geile moved to continue case VI #0200028 against Adolfo and Hortencia Munoz
until July 9, 2002, to allow adequate time for the property owners to bring the property into
compliance. The motion was seconded by Commissioner Jerke, and it carried unanimously.
This Certification was approved on the 10th day of June, 2002.
APPROVED:
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ATTEST: `/ '� �'� ₹ e� BOARD OF COUNTY COMMISSIONERS
WELI? COUNTY„COLORADO
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c� r.BY: W q, Gl aad1 CAr
Deputy Clerk to the Bob
David E. Lo , Pro-Te
TAPE #2002-03 (V)
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Robert D. Masden
Hearing Certification, Zoning Violations
June 4, 2002 2002-1482
Page 5 PL0824
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