HomeMy WebLinkAbout20022459.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST RALPH AND BARBARA MAY CIO BECKY HAYNES 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, Ralph and Barbara May do Becky Haynes, VI #0100341, 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 10th day of September, 2002, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Becky Haynes, property owner, was 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 November 10, 2002, to allow adequate time for the property
owners to submit an application for a Use by Special Review Permit.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0100341 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Ralph and Barbara May do Becky Haynes 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 November 10,
2002, to allow adequate time for the property owners to submit an application for a Use by
Special Review Permit.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the Department of Planning Services waive the investigation fee until
November 10, 2002. If the case has not been resolved at that time, the fee will be reinstated.
2002-2459
PL0824
VIOLATIONS - VI #0100341 - RALPH AND BARBARA MAY C/O BECKY HAYNES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of September, A,D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: E - Q/ ,I � E La EXCUSED
" f GI Vaad, Chair
Weld County Clerk to th �I.+. ^ i; ê,
�
David E. L. g, Pro-Tem
BY: _ ���i:•.A . . '� I I
Deputy Clerk to the Bo
. J. eile
AP VED AS T` FT3RM: EXCUSED
// illiam H. Jerke
my ttgiey
R bert D. Masd n
Date of signature: 9/.03
2002-2459
PL0824
DATE: September 5, 2002
VIOLATION NUMBER: VI-0100341
NAME: Mr. & Mrs. Ralph May c/o Ms. Becky Heins
ADDRESS: 2827 CR 39, Brighton, CO 80601
ZONE DISTRICT: Agri;'-!wre
LEGAL DESCRIPTION: Lot 6, Apollo Subdivision, 2n° Replat, Weld County, Colorado
TOTAL ACREAGE: 9.63 Acres
CASE SUMMARY
December 13, 2001 Initial complaint received.
January 3, 2002 Initial inspection completed.
January 8, 2002 Five day compliance encouragement letter issued.
January 15, 2002 Violation letter issued.
July 8, 2002 Property inspected. Property still in violation.
July 15, 2002 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
September 5,2002 Mr.&Mrs.Ralph May and Ms.Becky Heins,met with myself,Kim Ogle and Frank
Piacentino at the office.
Currently,there is a violation of Chapter 23,Article 111(3), Division 1, of Sections 23-3-20,23-3-30,23-3-40
and 23-3-40.H of the Weld County Code. To bring the property into compliance, the property owner shall
reduce the number of dogs to 4 (four) or a completed Use by Special Review (USR) application shall be
submitted.
The Department of Pla ining also recommends that the County Attorney authori,e legal rtioa against any
other persons occupying the properties,any persons claiming an interest in the pi oper lies,aid any persons
acting in active concert with the identified parties.
2002-2459
Inspection information Sheet
VIOLATION: VI-0100341 STATUS: ISSUED
DESCRIPTION: Too many dogs
BASE INFORMATION:
PARCEL NUMBER: 1473-19-1-01-012
LEGAL DESCRIPTION: AP-6 L6 APOLLO SUB 2ND REPLAT %2827 WCR 39% SITUS: 2827 39
CR WELD 00000
OWNER: MAY RALPH & BARBARA
OCCUPANCY:
LOCATION: 2827 WCR 39 Apollo Subdivision
APP TYPE: VI CLASS CODE: VI-8 ZONING DIST: AGRI
INSPECTIONS:
Item: 00404 TELEPHONE CALL
01/14/2002 By: BJS Action: TEL Comments: Ms.
Becky Haim (303-536-0227) called. She said that due
to a medical hardship, she lives on the property with
her parents. Her parents (Mr. & Mrs. May-
303-536-4307) are ill. Becky raises dogs and breeds
them to sell. I informed her that she needed to have
a kennel license if she had more than 4 dogs. Later I
asked her specifically how many she had, she said
that if she said she would just be in more trouble
and left it as they have more than 4. I explained the
necessity of a Use by Special Review permit. She
asked who complained. I gave her the complainants
name. She said that she figured it was him. I told
her that it really didn't matter who turned her in,
more than 4 dogs was a violation of the Weld County
Code. She said she would figure out what to do. She
asked for a USR application. I told her that I would
mail one with the 30 day letter. I explained that it
was very important that she call me back before the
30 days expired to avoid going to a hearing. She said
she would.
Item: 00405 LETTER
01/08/2002 By: BJS Action: NO Comments: 5
day compliance encouragement letter was sent.
01/15/2002 By: BJS Action: NO Comments: 30
day violation notification was issued.
07/15/2002 By: BJS Action: HR Comments:
Violation Hearing notification was issued (certified
- 09/10/02 @ 10:00 a.m.)
Item: 00400 SITE INSPECTION
01/03/2002 By: BJS Action: INSP Comments: Weld
County Sheriffs Office, Animal Control conducted a
site inspection. They did notify that there more dogs
than allowed as a use by right, but could not get an
accurate count.
07/08/2002 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
items were noted: I could not obtain an accurate
count on the number of dogs. I could hear several
dogs barking, but could not see any.
Item: 00406 OFFICE VISIT
printed:September 5,2002
form:inspinfo
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' DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
COLORADO• 1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100
Fax (970) 304-6498
July 15, 2002
Mr. & Mrs. Ralph May
do Ms. Becky Hains
2827 WCR 39
Brighton, CO 80601
Subject: VI-0100341, Lot 6, Apollo Subdivision, 2id RePlat, Weld County, Colorado
Dear Mr. & Mrs. May:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with
the Board of County Commissioners on September 10,2002,at 10:00 a.m.,to consider the violations occurring
on the property. The above mentioned 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 23-3-40 "Uses by special review."
Section 23-3-40.H "KENNELS,subject to the additional requirements of Section 23-4-400."
KENNEL: Any place other than a PET SHOP or veterinary clinic or HOSPITAL,where five(5)or more HOUSEHOLD
PETS of one(1) species, or a total of eight(8) or more HOUSEHOLD PETS of two(2) or more species are kept or
maintained. Property that is zoned Agricultural(A)and not part of a platted subdivision or unincorporated town and
which is larger than ten(10)acres shall be permitted to keep or maintain eight(8) HOUSEHOLD PETS of one species
or sixteen (16) HOUSEHOLD PETS of two(2)or more species without being considered a KENNEL.
To bring the property into compliance the following option(s)are available:
The number of dogs shall be reduced not to exceed 4(four)or a combination of 7(seven)cats and dogs,at any given
•
time;otherwise,a Use by Special Review application shall be completed and submitted for review. I was under the
impression that you were in the process of completing and submitting a Use by Special Review application;however,
I have not heard from you since January (2002). As a result the above mentioned Violation Hearing has been
scheduled.
This meeting will take place in the County Commissioners'Hearing Room, First Floor,Weld County Centennial
Center, 915 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 from the road or adjacent properties she business day before
or as soon as possible to the above mentioned Violation Hearing date.
Page 2
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,y in
Bethany Salzman
Zoning Compliance Officer
pc: VI-0100341 r c o
Department of Planning Services m v o 5
Bruce Barker, County Attorney a< o z° e >
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SERVICE,TEAMWORK,INTEGRITY,QUALITY
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
' E-mail Address: bsalzman@co.weld.co.us
C 1555 N. 17th Avenue, Greeley, CO 80631
O Phone: (970) 353-6'100, Ext. 3540
Fax: (970) 304-6498
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
January 15, 2002
Mr. & Mrs. Ralph May
do Ms. Becky Hains
2827 WCR 39
Brighton, CO 80601
Subject: VI-0100341, Lot 6, Apollo Subdivision, 2i° RePlat, Weld County, Colorado
Dear Mr. & Mrs. May:
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 I "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-40 "Uses by special review."
Section 23-3.40.H "KENNELS,subject to the additional requirements of Section 23-4-400."
KENNEL; Any place other than a PET SHOP or veterinary clinic or HOSPITAL,where five(5)or more HOUSEHOLD PETS
of one(1)species, or a total of eight(8)or more HOUSEHOLD PETS of two(2)or more species are kept or maintained.
Property that is zoned Agricultural(A)and not part of a platted subdivision or unincorporated town and which is larger than
ten (10) acres shall be permitted to keep or maintain eight (8) HOUSEHOLD PETS of one species or sixteen (16)
HOUSEHOLD PETS of two(2)or more species without being considered a KENNEL.
To bring your property into compliance with the Weld County Code:
Currently,the property has more than 4 dogs. In order to maintain a number of dogs higher than 4(fow)a Use by Special
Review permit shall be obtained. For your convenience, I have included a Use by Special Review application. For
questions,I would suggest that you come to the office and speak to one of our"On-Call Planners"(Monday or Wednesday,
7:30 a.m.-4:00 p.m.or Friday, 12:00 p.m.-4:00 p.m.) No appointment is necessary because individuals are seen in the
order they sign in.
Additionally,you requested information regarding our website,which is: WWW.CO.WEI.D.CO.US Please be advised
that I have included a brief description on how to utilize our code. If you have any additional questions, please feel hee
to contact me at your earliest convenience. As we discussed on the phone,it is very important that you call me before your
30 days have expired to avoid further action.
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 ,January 15,
2002, 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
Mr. &Mrs. May
Page 2
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,
•
Bethany Salz n
Zoning Compliance Officer
pc: VI-0100341
Department of Planning Services
Bruce Barker, County Attorney
sritv ICI!,TEAMWORK,INTEGRITY,QUALITY
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
ip E-mail Address: bsalzman@co.weld.co.us
C 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
•
Fax: (970) 304-6498
COLORADO
January 8, 2002
Mr. & Mrs. Ralph May
2827 WCR 39
Brighton, CO 80601
Subject: VI-0100341, Lot 6, Apollo Subdivision, 2°' RePlat, Weld County, Colorado
Dear Mr. & Mrs. May:
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. The potential noncompliance with the Weld County Code is the
maintenance of too many dogs without a Use by Special Review permit. Additionally, please be advised that
we have received complaints stating that there have been"dogs at large". Since Weld County does have a leash
law, this complaint has been forwarded to the Weld County Sheriff's Office, Animal Control Division.
Please contact me within five working days of the date of this letter to review these concerns with me. Failure
to show progress or to close the violation, will result in a thirty-day violation notice being issued. 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,
Bethany Salzman
Zoning Compliance Office:
pc: VI-0100341
Department of Planning Services
Bruce Barker, County Attorney
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
O 1555 N. 17th Avenue, Greeley, CO 80631
• �� t Phone: (970) 3`i3-6100 Ext. 3540
COLORADO k i C'\� \l Fax: (970) 304-6498
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
,Q ZONING CODE COMPLAINT ❑ Staff/Name: %( Citizen 0 Other:
• HEALTH DEPARTMENT Citizen's Name(If known): tk\i L+ Ctibt
M WELD COUNTY SHERIFF'S OFFICE(ANIMAL CONTROL) Phone Number(If known): q J DC tL.P '()g 29
o BUILDING CODE COMPLAINT
o PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: IaIla p
Pending Case#(i.e. USR,RE,SE,ect...):
Legal Description:]-0}- I p I (Wlln t FYiiv'r.`v en and Q.ePig 4- Parcel#: �cl7�•Ia• I•n 1•n l D
Violation Address: &Kai tti CPl en
Property Owners Name: rnf f3I P•A.Iph &kiienYca Phone:
Property Owners Address: f Yt igh+Ur) t (t ID SOLD()I
Tenant's Name: CI Phone:
Tenant's Address: �C",
NATURE OF COMPLAINT: 54 tint dch'lI IvithSn = on Lei 4 rings
- frte - Dl ftr- 011,1004I A.n)-+-\•-k-) .one. n cP. . at1 n-wud
Tccp abp Loma .
Complaint Referred To: Date:
Complaint Referred To: Date: / -
Additional Notes: .X311 e
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204330
DEED OF TRUST 324189
THIS INDENTURE,made this 1 1 T day of OCTOBER A.D.19 76
RALPH E. HAY. HUSBAND AND BARBARA I. HAY. WIFE '��e�
DRIGNiU?I ,whose address is 2827 WELD COUNTY RD (439
County of WELD ,State of Colorado,hereinafter
referred to as the grantor, and the Public Trustee of THE
County of WELD ,State of Colorado, hereinafter referred to as the trustee, Witnesseth:
WHEREAS, the grantor has executed his certain promissory note bearing even date herewith,payable
totheorderof SECURITY PACIFIC IURTGAGE CORP MAT ION. A DEL AMR E CURPURAT ION
whose present address is 2 460 WEST 26111 AVENUE
DENVER. COLORADO 80211
,hereinafter referred to as the beneficl
FORTY SIX THOUSAND FIVE HUNDRED AND NU\100 my,for the principal sum of
(E 46,500D0 ), with interest at the rate of E IGIIT & ONE.IIALF Dollars
annum until paid,payable in monthly installments of per centum ( 85 %)) per
THREE HUNDRED FIFTY SEVEN AND 59\ 100-Dollars ($ 35759 ), commencing on the
first day of NOV EIM ER ,10 76,and continuing on the first day of each month thereafter until
the said note is fully paid,except that,if not sooner paid,the final payment of principal and interest shall i •
be due and payable on the first day of OC T OD ER 2006. Said principal rim, together
with interest thereon, and other payments provided to be made under the terms of this indenture, are
hereinafter referred to as the indebtedness;
AND WHEREAS,the grantor is desirous not only of securing the prompt payment of the indebtedness,
but also of effectively securing and indemnifying the beneficiary for or on account of any assignment,
endorsement, insurance or guarantee of the indebtedness;
Now, THEREFORE, the grantor, in consideration of the premises,and for the purposes aforesaid,has
granted, bargained,sold, and conveyed,and does hereby grant,bargain,sell,and convey unto the trustee,
in trust forever, all the following described property situate in the
County of WELD ,and State of Colorado,to wit:
LOT 6, SECOND REPLAT OF LOTS S AND 6, APOLLO SUBDIVISION.
PART OF THE NI\2 OF THE IIE1\ 4 CF SECT ION 19. TOWNSHIP 1
NORTH, RANGE 65 WEST Cr THE 6111 P.11., COUNTY OF WELD.
STATE OF COLORADO.
COIUIONLY KNOWN AS: 2827 WELD COUNTY RD #39
BRIGHTON, COLORADO 80601
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