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HomeMy WebLinkAbout20022458.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST FREDERIC AND BRENDA SCHAIBLE 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, Frederic and Brenda Schaible, VI #0000060, 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, Brenda Schaible, property owner, and Peter Anderson, representative, were 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 December 10, 2002, to allow adequate time for the property owners to remove the second mobile home, the noncommercial junkyard, and screen the derelict vehicle. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0000060 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Frederic and Brenda Schaible 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 December 10, 2002, to allow adequate time for the property owners to remove the second mobile home, the noncommercial junkyard, and screen the derelict vehicle. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Department of Planning Services waive the investigation fees until December 10, 2002. If the case has not been resolved at that time, the fee will be reinstated. 2002-2458 •(lc; 1 1..y62PL0824 VIOLATIONS - VI #0000060 - FREDERIC AND BRENDA SCHAIBLE 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 / #t2 EXCUSED' t4 % ATTEST: i; ,�► 0,0‘ Gle aad,� hair Weld County Clerk to the B61: 1!)."--w%�,� b" Q y '- W • I David E. L' g, Pro-Tem BY: o >� A( '- Deputy Clerk to the Bo. .%woo . J ede 7Frq./ED AS TO - . EXCUSED Ili H. Jerke ou ttorn k. Robert D. Masden Date of signature: q�''-� 2002-2458 PL0824 DATE: September 5, 2002 VIOLATION NUMBER: VI-0000060 NAME: Mr. & Mrs. Frederic Schaible ADDRESS: 15165 Good Avenue, Fort Lupton, CO 80621 ZONE DISTRICT: Agriculture LEGAL DESCRIPTION: Lot 7, Block 55, Aristocrat Ranchettes, Weld County, Colorado TOTAL ACREAGE: .99 Acres CASE SUMMARY February 9, 2000 Initial complaint received. April 26, 2000 Initial inspection completed. May 8, 2000 Five day compliance encouragement letter issued. June 21, 2000 Violation letter issued. July 3, 2002 Property inspected. Property still in violation. July 9, 2002 Letter sent to property owner indicating that the violation case WE:: scheduled before the Board of County Commissioners. July 15, 2002 Spoke with Ms. Schaible on telephone and mailed her another explanatory letter. September 5, 2002 Spoke with Ms. Schaible and her daughter on telephone. Currently,there is a violation of Chapter 23,Article II1(3),Division 1, of Section 23--3-20,23-3-20.r,23-3-30, 23-3-30.1, 23-3-40 and 23-3-40.H and Chapter 23, Article IV, Division 4 of Section 23-4-140 and Chapter 29, Article VII of Section 29-7-? �)f 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 oy Special Review (USR) application shall be submitted. Additionally, the Noncommercial Junkyard shall be removed or screened from all adjacent property owners and public rights-of-ways. Lastly,submit a letter requesting to convert the existing Zoning Permit for a Mobile Home (ZPMH) permit as a Principle Dwelling Unit into a Temporary During Construction shall be submitted to Wendi Inloes, Department of Planning Services. The Department of Planning also recommends that the County Attorney authorize legal action against 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. 2002-2458 a KittDEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US I E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 O V� Phcne (970) 353-6100 Oc6� Fax (970) 304-6498 COLORADO July 15, 2002 l�� Mr. & Mrs. Frederic Schaible "•\C 15165 Good Avenue Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0000060, Lot 7, Block 55, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. & Mrs. Schaible: During our telephone conversation last week you indicated that you wanted to receive a complete list of the existing violations and how to correct each one. Please see the following: • • The maintenance of a "Noncommercial Junkyard"without being screened from all adjacent properties and public rights-of-way. (Please see the definition of NONCOMMERCIAL JUNKYARD, JUNK, SCREENED and DERELICT VEHICLE as listed below.) To bring this aspect into compliance, the derelict items shall be removed from the property or completely screened from all adjacent properties and public rights-of-way. • The operation of a "Kennel" without an approved and recorded Use by Special Review piat. To bring this aspect into compliance, the number of dogs/cats shall be reduced to 4 (four) or a Use by Special Review application shall be completed and submitted for approval or denial by the Board of County Commissioners at a public hearing. 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.) Additionally, please be advised that we have opened another location to better serve the public. Our other office is located at 4209 WCR 24.5 (East of I-25 and North of Highway 119). The Southwest office is open on Tuesdays and Thursdays, 8:00 a.m. -4:00 p.m.. No appointment is necessary at either location because individuals are seen in the order they sign in. Additionally, to save time for you and the planner, please bring this'letter with you to the office. • Currently there are 2 (two)dwelling units located on the property,the double wide modular which you have indicated will be the "Principle Dwelling Unit", and the single wide mobile homes, which are currently being utilized as the dwelling unit. To bring this aspect into compliance, a letter shall be received asking the Department of Planning Services to convert the existing "Principle Dwelling Unit" into a "Temporary During Construction". Our records indicate that you have already applied for a Building Permit(PRS-023057)to replace your principle dwelling unit with a double wide modular. Since, the new unit will be placed on a permanent foundation a Zoning Permit is not required. Please be advised that this violation will hold any pending applications that you may have (such as the building permit)until applications and corrections have been received to bring the property into compliance. Ivir. QL 1V1rs. ocnaioie , Page 2 Definitions: DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power);or is partially or totally dismantled;or has all or portions of its body work missing or is substantially damaged;or is not registered with the State of Colorado,as required by Section 42-3- 103,CRS,or by Sections 42-3-138 or 42-12-102,CRS,and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123,CRS;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,CRS. 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. NONCOMMERCIAL IUNKYARD:An area where any waste,JUNK,or used or second hand materials are stored or handled,including,but not limited to scrap iron and other metals,paper,rags,rubber tires,building materials,and bottles. A NONCOMMERCIALIUNKYARD may also includethe storage or keeping of DERELICT VEHICLES. The NONCOMMERCIALJUNKYARD shall betotally enclosed within a building or structure or visually SCREENED from all adjacent properties and public rights-of-way. JUNK:Scrap brass,iron,lead,tin,zinc;all other scrap metals and alloys;bones; rags; used cloth, rope, rubber,tinfoil,bottles,old or used machinery of any type;used tools,used appliances;.used lumber or crates;building materials;fabrication of any material;used pipe or pipe fittings;used conduit or conduit fittings;used automobile parts; DERELICT VEHICLES;used tires and other manufactured goods that are so worn,deteriorated, or obsolete as to make them unusable in their existing condition. KENNEL: Anyplace 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. 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-0000060 Department of Planning Services Bruce Barker, County Attorney • SERVICE,TEAMWORK,INTEGRITY,QUALITY 4fiva DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone (970) 353-6100 • Fax (970) 304-6498 COLORADO July 9, 2002 Mr. Frederic Schaible 15165 Good Avenue Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0000060, Lot 7, Block 55, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Schaible: 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 property remains in violation of the following Section(s) of the Weld County Code: Chapter 23,Article lil, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-20.P "Mobile home subject to the additional requirements of Article IV,Division 3 of this Chapter." Section 23-3-30 "Accessory uses."Section 23-3-30.1 "Noncommercial junkyard." Section 23-3-40 "Uses by special review." Section 23-3-40.H "KENNELS,subject to the additional requirements of Section 23-4-400." Chapter 23,Article IV, Div 3 "Mobile Homes" -No mobile home may be located or relocated in the County after August 25, 1981,except in accordance with this Division,including the issuance of any zoning permit which may be required by this Section. Each mobile home located or relocated in the County after said date must have a building permit for a mobile home issued pursuant to Chapter 29 of this Code.... Section 23-4-140 "Mobile homes permitted in the A Zone District." Chapter 29,Article VII "Mobile,Manufactured or Factory-Built Home Permits" Section 29-7-10 "Permit required." -No mobile, manufactured or factory-built home, as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official. To bring the property into compliance the following option(s) are available: The"Noncommercial Junkyard"shall be removed or screened from all adjacent properties and public-rights-of way. Additionally,the number of dogs shall be reduced to 4(four)or a combination of species(i.e. cats and dogs)of 7 (seven)or a Use by Special Review application shall be completed and submitted for review. Lastly,upon a visual inspection conducted yesterday,July 8,2002,it was noted that an additional mobile/modular home was located on the property. In order to bring the property back into compliance regarding this aspect, a Zoning Permit for a Mobile Home applic.'ion, thus converting the existing mobile home into a "Temporary During Construction". Otherwise,only 1(one)dwelling unit structure shall remain on the property at any given time. Please note that this violation will hold up any pending applications that you may have in our office. 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 the business day before or as soon as possible to the above mentioned Violation Hearing date. Ml. Jcrialute 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, U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail.Only; No Insurance Coverage Provided) Bethany Salzman Zoning Compliance Officer C IS) Postage $ pc: VI-0000060 Certified Fee Department of Planning Services — Return Receipt Fee Postmark Bruce Barker, County Attorney (Endorsement Required) Rem O Restricted Delivery Fee O (Endorsement Required) O Total Postage&Fees IU L!T Recipient's Name (Please Print Clearly)(To be completed by mailer) o MR. FREDERIC SCHAIBLE O Street,Apt No.;or PO Box No. O 15165 GOOD AVENUE - ARISTOCRAT RANCHET D- State City,FORT LUPTONCO 80621 S Farm 3:.r t,Fe•ruary2ut See erse f•rin truct4•ns.. SEN�E': C�M'LETETHISSECTI•N C!MLETETHISSECTI!N !N !ELIVE•Y • Compiete items 1,2,and 3.Also complete Received by(Please Print Clearly) 5:Date of Delivery item 4 i Restricted Delivery is desired. c �. • Print ygur name and address on the reverse �' �•r - '` r 't1 ." ` ,gyp �'L so that we can return the card to you. C Signature • Attach this card to the back of the mailpiece, I � ❑Agent or on the front if space permits. V� , �Q �1 O Addressee 1. Article Addressed to: - !.Is delivery address different from item 1? O Yes If YES,enter delivery address below: O No MR. FREDERIC SCHAIBLE 15165 GOOD AVENUE ARISTOCRAT RANCHETTES FORT LUPTON, CO 80621 3. Service Type XXtertified Mail O Express Mail O Registered ❑ Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number(Copy from service label) 7000 0520 0025 0405 0015 PS Form 3811,July 1999 Domestic Return Receipt 102595-o0-M-0352 SERVICE,TEAMWORK,INTEGRITY,QUALITY PTXT PAGE NO. 0001 GPU8i ' MTO5 07-02-2002 15 : 22 WCO203024 WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WCO2-3024 Crime/Incident: CRUELTY TO ANIMALS N/C: ANMLM F/M: M Addl Offense F/M: Date reported : 062202 Time Rpt : 1130 Clearing case N : Connecting cases: + INCIDENT DATE-TIME-AND LOCATION -- + IF/Date: 062202 F/T: 1130• I ILoc: 15165 GOOD AV City: FORT LUPTON IT/Date: 062202 T/T: 1210 Case status : OPEN IDEP: WC0042 CLAUSSEN, DOUGLAS R + CASE STATUS AND MISC DATA -- IDrugs/Alcohol : Domestic Viol : Evidence/Photos : ITot Prop Stolen: Prop Rcvd: Prop Damg: I ' Force: Attempted or Completed: ' Extent Injuries : ****************************DATA FOR PERSON INVOLVED AS A: REP PARTY *** *Name: RAMIREZ , SARA DOB: 082582 * *Addr: 1105 MOUNTAIN VIEW #301 Phone: 3038571504H/B: H * *City : FORT LUPTON St: CO Zip: 80621 OLN: OLS : * *Sex: Rac: Eth: Hgt: Wgt: Hai : Eye: SS: * *Occupation: Bus Addr: BusTX: * * *Addl Desc Info: * * ****************************DATA FOR PERSON INVOLVED AS A: SUBJECT *** *Name: SCHAIBLE, BRENDA DOB: 120647 * *Addr: 15165 GOOD AV Phone: 3338577961H/B: H * *City : FORT LUPTON St: CO Zip: 80621 OLN: OLS: * *Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: SS : * *Occupation: Bus Addr: BusTX : * * * *Addl Desc Info : * * Weld County Planning Department GRFELEY OFFICE JUL U 3 2002 GR►.ELEY I WELD CRIMINAL JUSTICE RECORDS. E .: COPY RELEASED 7) REC . 444 DATE: U ' BY: Use of this ;nsormatiOt is regulated by LAW DO NOT DISSEMLNATF PTXT PACE NO. 0002 Gr080 `.1T05 07-02-2002. 15 : 22 WCO203024 + SYNOPSIS OR NARRATIVE + : DAYTIME OCCURRANCE. REPORTING PARTY CALLED REFERENCE CONCERNS OVER TWO HORSES THAT APPEARED VERY THIN. ANIMAL CONTROL ALREADY DEALING WITH THE ISSUE OF THE THIN HORSES. SUBJECT ADMITS TO HAVING 20 DOGS INSIDE HER RESIDENCE. CASE REFERRED TO HEALTH DEPARTMENT AND PLANNING AND ZONING. NARRATIVE/FACTS: REPORTING PARTY RAMIREZ CALLED TO ADVISE THAT SHE WAS CONCERNED ABOUT HORSES THAT LOOKED VERY THIN AT 15165 GOOD AVENUE. I RESPONDED TO THAT ADDRESS AND FOUND TWO HORSES, ONE BROWN AND ONE WHITE, WHICH DID IN FACT APPEAR TO BE VERY THIN. THE TWO HORSES WERE IN A SMALL CORAL AREA AND .I DID SEE EVIDENCE THAT THERE HAD AT ONE TIME BEEN HAY IN THE CORAL, BUT THE SMALL TUB WHICH IS USED TO WATER THE HORSES WAS EMPTY AND DRY . BRENDA SCHAIBLE STATED THAT SHE LAST WATERED THE HORSES ONE HOUR AGO, WHICH WAS OBVIOUSLY NOT TRUE SINCE THE BOTTOM OF THE TUB WAS COMPLETELY DRY . I TOLD BRENDA SCHAIBLE TO PUT SOME WATER IN THE TUB AND WHILE I WAS STANDING THERE, SHE DID IN FACT TURN ON A HOSE AND FILL THE TUB UP WITH WATER. SCHAIBLE STATED THAT SHE IS WORKING WITH ANIMAL CONTROL AT THIS TIME IN REGARD TO THE HORSES AND STATED THAT THE HORSES ARE OLD AND ARE OF AN ARABIAN BREED WHICH SHE INDICATES MEANS THAT THEY ARE NATURALLY THIN. THE HORSES, IN MY OPINION, APPEARED TO BE MALNOURISHED, AND THEIR CONDITION WAS NOT ATTRIBUTABLE TO THE BREED. WHILE ON SCENE CONTACTING THE SUBJECT, I COULD HEAR NUMEROUS DOGS BARKING FROM INSIDE THE HOUSE . I ASKED THE SUBJECT HOW MANY DOGS SHE HAD INSIDE OF HER HOME, WHICH IS A MOBILE HOME, AND SHE ADVISED ME 15 TO 20 . I ASKED IF SHE COULD BE MORE SPECIFIC, TO WHICH SHE STATED THAT SHE HAD 20 DOGS INSIDE OF HER RESIDENCE. I INQUIRED AS TO THE DOGS HEALTH CONSIDERING 20 DOGS INSIDE OF A SMALL MOBILE HOME DID NOT APPEAR TO BE CONDUCIVE TO A HEALTHY ELEMENT FOR THE ANIMALS, AND ASKED IF I COULD SEE THE ANIMALS. SHE INDICATED THAT WITHOUT A SEARCH WARRANT, SHE WOULD NOT LET ME INTO HER RESIDENCE. I CONTACTED KIRK HIGGINS, WHO WAS THE ANIMAL CONTROL OFFICER ON DUTY ON THIS DATE. MR. HIGGINS STATED THAT HE WAS AWARE OF BRENDA SCHAIBLE, AND WAS AWARE THAT GARY SCHWARTZ WAS WORKING WITH SUBJECT SCHAIBLE IN AN ATTEMPT TO PUT WEIGHT BACK ON THE HORSES. ANIMAL CONTROL OFFICER HIGGINS ALSO ADVISED THAT NO MORE THAN 4 DOGS WERE AL1,OWED IN ANY RESIDENCE AND INDICATED THAT THE PLANNING AND ZONING DEPARTMENT IS RESPONSIBLE FOR ENFORCEMENT AND INDICATED THAT STEPHANIE SALZMAN AT PLANNING AND ZONING WAS IN CHARGE OF THAT ENFORCEMENT. 1 ADVISED SUBJECT SCHAIBLE THAT I WOULD BE REFERRING A COPY OF THIS Use of this trifcrrnatio. i . is regulated by LAW 00 NOT DISSEMINATE PTXT PAGE NO. 0003 GP0002 IT05 07-02-2002 15 : 22 WCO203024 REPORT TO THE WELD COUNTY PLANNING AND ZONING DEPARTMENT, ALONG WITH THE HEALTH DEPARTMENT, AND ALONG WITH THE ANIMAL CONTROL DEPARTMENT, FOR THEIR INFORMATION AND WHATEVER FOLLOW UP THEY DEEM NECESSARY . NO FURTHER ACTION BY THIS OFFICER . + + THIS IS THE END OF THIS REPORT + + Report Approved By: WC0012 SPALDING, WILLIAM E a DEPARTMENT OF BUILDING INSPECTION Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE June 21, 2000 Mr. Frederic Schaible 15165 Good Ave Fort Lupton, CO 80621 Subject: VI-0000060 Lot 7, Blk 55, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Schaible: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Zoning Ordinance. Your property is currently in violation of the following Section(s) of the Weld County Zoning Ordinance: 31.3.9 "Noncommercial junkyard"consisting of derelict vehicles and miscellaneous debris. In order to bring this property into compliance,the noncommercial junkyard must either be removed or screened from all adjacent properties and public rights-of-way. 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 , June 21, 2000, 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. This office is ready to be of any assistance in clarifying or answering questions concerning this matter. Please contact me at the above address or telephone number. Sincerely, Bethany Salz n Zoning Compliance Officer pc: VI-0000060 Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY (it DEPARTMENT OF PLANNING SERVICES Code Compliance Division ' 1555 N. 17th Averue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 "I C. Fax: (970) 304-6498 COLORADO May 8, 2000 Mr.Frederic Schaible 15165 Good Ave Fort Lupton,CO 80621 Legal Description: VI-0000060 Lot 7,Blk 55, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Schaible: 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 Zoning Ordinance. The potential noncompliance with the Zoning Ordinance is a Noncommercial Junkyard consisting of derelict vehicles and other miscellaneous debris. In order to bring this property into compliance, the noncommercial junkyard must either be removed from the property or screened from all adjacent properties and public right-of-ways. This is a violation of 32.2.3.6 "Storage of those vehicles,or parts thereof,which are defined in Section 42-12-101 CRS,as amended,and are screened;and/or the storage of no more than two vehicles which regardless of their condition and/or classification as derelict vehicles,have been operated at any time during the past one year period in a sanctioned or sponsored race, derby,or event and are screened." Please call me within five working days of the date of this letter to review these concerns with me or a thirty- day violation notice will be issued. Sincerely, Bethany Salzman Zoning Compliance Office • pc: VI-0000060 Julie Chester, Lead Pla lner Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY it:14;s6s Kit DEPARTMENT OF PLANNING SERVICES Wlige Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 COLORADO Fax: (970) 304-6498 INSPECTION REPORT NAME: Frederick& Brenda Schaible LEGAL DESCRIPTION OF PROPERTY: Lot 7, Blk 55, 2nd, Aristocrat Ranchettes, Weld County, Colorado DATE: April 26, 2000 CASE NUMBER: VI-0000060 Upon a visual inspection of the property, neither myself, Bethany Salzman, current Zoning Compliance Officer, or Joe Mendez, current Building Compliance Officer could find any sign of dogs. We didn't even hear them. There is however, a noncommercial junkyard consisting of derelict vehicles and other miscellaneous debris. 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LLYO n = m Q • E h tat m m m U b a a m CO m m m a (b\)\a, ) i✓ A(ifiet 6H."'%%N:\4):1 4\666 DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT COLORADO / a Ier<DNING COMPLAINT Com�rpplaint Initiated by: a BUILDING CODE COMPLAINT uattaff ❑ Citizen a Other /) LEGAL DESCRIPTION: ;!-en% 7/ A14- ASS / c9 1 "v z CyivaY 42('22c e-c) VIOLATION ADDRESS: 1 S/ eo.c- a&cc/ /Lti1 Parcel# /30 9 T1 /G`(JO ATTACH COPY OF DEED *l; lvd � 3749-1 r Property Owner's Name: - c t e .f`-5Y -CP /,Ante Phone# <3 3 IC:Cy " '/ 76 / Property Owners Address: /Jr / �`,r Z l j f/Q - Tenants Name and Mailing Address: NATURE OF COMPLAINT: c1 e, ina- 'c rt/O ,- frti 1 ems -(_ 4 OC('7-?/ `70 k%o /k A. /tee. Zoning Complaint Referred To: Date: Building Code Complaint Referred To: Date: Case Assigned To: Date: ACTION OF INVESTIGATOR: Date of Inspection: Inspection of property indicates: • a No violation of the Weld County a Zoning / a Building Code Ordinance Referred to: on ❑ No violation of the Weld County a Zoning / a Building Code Ordinance a Violations of the following Sections of the a Zoning ❑Building Code Ordinance ACTION ON COMPLAINT: ❑ No Action Taken/No Violation a Violation File Started Date Date CASE REVIEWED BY SUPERVISOR Date SUPERVISORS COMMENTS NOTE: Attach all pertinent information and facts disclosed by investigation to this form. t IAl rktUM LVu.uuut vruc ui , :.UO U4—UO—ZUUU uo : uU WLUUUU522 + WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC00-522 + Crime/Incident: INFO ITEM N/C: MISC F/M: Addl Offense F/M: Date reported : 020400 Time Rpt: 1100 Clearing case # : Connecting cases : + INCIDENT DATE-TIME-AND LOCATION + IF/Date: 020400 F/T: 1100 ILoc: 15165 GOOD AV City: FT LUPTON IT/Date: 020400 T/T: 1200 Case status : EX CLRD (OTH AGENCY) IDEP: WC0042 CLAUSSEN, DOUGLAS R + CASE STATUS AND MISC DATA ' Drugs/Alcohol: Domestic Viol : Evidence/Photos : I 'Tot Prop Stolen: Prop Rcvd: Prop Damg: I ! Force: Attempted or Completed: I ' Extent Injuries : I ****************************DATA FOR PERSON INVOLVED AS A: SUB *** *Name: SCHAIBLE, BRENDA DOB: 020647 * *Addr: 15165 GOOD AV Phone: 3038577961H/B: H * *City: FT LUPTON St: CO Zip: 80621 OLN: OLS: * *Sex : Rac: Eth: Hgt: Wgt: Hai: Eye: SS: * *Occupation: Bus Addr: BusTX: * * *Addl Desc Info: * * * * + SYNOPSIS OR NARRATIVE + : ANONYMOUS PERSON REPORTED POSSIBLE CRUELTY TO ANIMALS, CRUELTY TO ANIMALS UNSUBSTANTIATED HOWEVER A LARGE NUMBER OF DOGS WERE FOUND TO BE LIVING IN THE RESIDENCE, CONTACTED PLANNING AND ZONING WHO REQUESTED A REPORT BE REFERRED TO THEM. NARRATIVE/FACTS: ON FEBRUARY 4 , 2000 , I RESPONDED TO 15165 GOOD AVENUE, ARISTOCRAT ACRES, IN REGARDS TO A POSSIBLE CRUELTY TO ANIMALS. THE REPORTING PARTY, WHO REFUSED ANY INFORMATION, TOLD DISPATCH THAT THE PEOPLE WHO LIVE AT THAT ADDRESS WERE NOT TAKING CARE OF THEIR HORSES. THE REPORTING PARTY ALSO ADVISED A SHEEP HAD DIED AT THAT RESIDENCE, AND THEY HAD NOT DISPOSED OF THE BODY AND IT STUNK . UPON ARRIVAL, THIS DEPUTY SAW THE TWO HORSES APPARENTLY IN CREEL Ear/WELD CRiiviINA .. LIS T iCE i CORDS aid County Planning De�ii, �;Qr''�,r. iRE�.Li- U TC: `-i -B o 9 2000 DA K Fes:ii 1 _. t tC J , �, --s RECEIVED : _ B CTAi rhUt NU. UUU2 UVUbU2 ,'06 02-08-2000 06 : 00 WO0000522 QUESTION. THE HORSES APPEARED TO BE IN GOOD HEALTH. I OBSERVED THERE WAS HAY IN THE AREA, AND A SMALL PLASTIC. BUCKET WHICH HAD A VERY SMALL AMOUNT OF WATER IN THE BOTTOM OF IT. I RESPONDED TO THE FRONT DOOR OF THE RESIDENCE AND KNOCKED, AT WHICH TIME I COULD HEAR MANY, MANY DOGS WITHIN THE RESIDENCE . AT FIRST, I THOUGHT MAYBE THE TRAILER WAS BEING USED AS A KENNEL RATHER THAN A RESIDENCE . A SHORT TIME LATER, SUBJECT BRENDA SCHAIBLE CAME TO THE DOOR. I ADVISED SCHAIBLE THAT SOMEONE HAD COMPLAINED ABOUT THE FACT THE HORSES WERE NOT BEING TAKEN CARE OF, AND A SHEEP HAD PREVIOUSLY DIED AND THE BODY HAD NOT BEEN DISPOSED OF. I POINTED OUT TO SUBJECT SCHAIBLE THERE WAS VERY LITTLE WATER IN THE BUCKET, AND SUGGESTED MAYBE SHE NEEDED A LARGER WATERING TOFT OR NEEDED TO MAKE SURE THE BUCKET WAS FULL. I ALSO QUESTIONED SCHAIBLE ABOUT THE DEAD SHEEP, TO WHICH SHE ADVISED THE SHEEP HAD DIED LAST SUMMER. SCHAIBLE STATED THE CHICKENS HAD EATEN THE CORPSE THE DAY AFTER IT DIED, AND THERE HAD BEEN NO ODOR PROBLEM. I DID OBSERVE A SMALL SKELETAL REMAIN OF A SHEEP. I ASKED HOW THE SHEEP HAD DIED, AND SCHAIBLE ADVISED SHE DIDN'T KNOW. I ALSO OBSERVED THERE WAS A DOG INSIDE A MINI VAN AND A DOG INSIDE OF A MOTOR HOME, AND QUESTIONED SCHAIBLE AS TO WHY THEY WERE IN THOSE VEHICLES . I WAS ADVISED THE DOG INSIDE THE MOTOR HOME WAS ONLY THERE TEMPORARILY BECAUSE SHE DIDN' T WANT THE DOG RUNNING LOOSE. I ASKED IF THERE WAS FOOD AND WATER INSIDE THE MOTOR HOME SO THE ANIMAL WOULD HAVE SOMETHING TO EAT AND DRINK . SCHAIBLE ADVISED THERE WAS NOT. I SUGGESTED THAT EITHER THE DOG BE RELEASED FROM THE MOTOR HOME, OR MAKE SURE THERE WAS FOOD AND WATER INSIDE . I ASKED SUBJECT SCHAIBLE HOW MANY DOGS SHE HAS INSIDE OF HER RESIDENCE, TO WHICH SHE RESPONDED, "ABOUT FIFTEEN. " I TOLD SCHAIBLE IT SOUNDED LIKE THERE WERE MORE THAN FIFTEEN DOGS TO ME. SCHAIBLE ADMITTED THERE WERE PROBABLY MORE THAN FIFTEEN, BUT SHE DIDN' T KNOW HOW MANY FOR SURE. I ESTIMATE THERE WERE PROBABLY TWENTY TO TWENTY-FIVE DOGS JUST FROM THE SOUND. I DETERMINED AT THIS POINT THERE WAS NO PROBABLE CAUSE FOR ANY CHARGE OF CRUELTY TO ANIMALS. I THEN CONTACTED THE WELD COUNTY PLANNING AND ZONING DEPARTMENT, AND REQUESTED INFORMATION AS TO HOW MANY DOGS ARE ALLOWED ON THE PROPERTY. I WAS ADVISED ONLY FOUR DOGS ARE ALLOWED, AND THAT I SHOULD FORWARD A COPY OF THIS REPORT TO THEIR OFFICE. NOTHING FURTHER BY THIS OFFICER. REQUEST A COPY OF THIS REPORT BE PROVIDED TO THE WELD COUNTY ZONING AND PLANNING, ATTENTION VICKY. THIS IS THE END OF THIS REPORT . ."A . nvu irv. vuvJ uruou, .vo UL-O0-GUUU Ub : UU WC0000522 Report Approved By: WC0068 TOFT, RICHARD J 06/15/98 13:27 FAX 303 i 1501 LONGMONT TITLE Ij 010 I IMO 11111111111111111111111111111 111111 IIII IHI 2622535 06/29/1996 12:21P Weld County CO 1 of 1 R 6.00 D 4.50 JR Suitt !sultanate WARRANTY DEED- THIS DEED, Made this 16th day of dune, 1998, between WBYERHAUSER MORTGAGE COMPANY of the County of and State of California, grantor, and FREDERIC W. SCHAIELE and BRENDA S. SCHAIBLE whose legal address is 11259 FLATIRON DRIVE as LAFAY'ERTE, CO 80026 of the County of WELD and State of Colorado, grantee: WITNESS, That the grantor, for and in consideration of the sum of $45,000.00 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, their heirs and assigns forever, not in tenancy in common but in joint tenancy, 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 7, BLOCK 55, ARISTOCRAT RANCEETTES AND PILING, A SDEDIVSION Of WILD COUNTY, COUNTY OF WELD, STATE OF COLORADO. • also known by street and number as: 15165 GOOD AVENUE, FORT L,UPTON, CO, 90671. TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 RAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, their heirs and assigns forever. And the grantor, for himself, hie heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized 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 aforesaid, and that the Dame are free and clear from all former and other grants, bargains, melee, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except 1998 taxes due and payable in 1999. subject to easemants, covenants, restrictions, reservations and right of way of record if any. The-grantor shall and-will- WARRANT AND-FOREVER- DEFE21D• the-above-bargained-premises- inr the- quiet- and peaceable possession of the grantee, their heirs and assigns, against all and every person or persons lawfully claiming the whale 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 WHrlERREOFI, the grantor haa/�s executed this deed on the date set forth above. TE W IGHT SENIOR VI PRESILEN21/pF KEN6IATHIERRY WE ER RTGAGE C0 Y e .:..` Commiss1on8g:enli `r Notary pub8c-Colilomlp 2 - ,''• los A gales County • ^� hWarewn.bptesFeb12.2332 STATE OF CALIFORNIA} (SEAL) COUNTY OF Lob Rn9e)el The foregoing instrument was acknowledged. subscribed and sworn to before me this 16th day of June, 1998 by Terry Wright, Senior Vice President of Weyerhauser Mortgage Company. My Commission Expires: o?-1a-ad e 3� \Witness my hand and official seal. J / DIOTARY PUBLIC Hello