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HomeMy WebLinkAbout20022769.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CHRISTINE TRUJILLO 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, Christine Trujillo, VI #0200251, 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 15th day of October, 2002, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Christine Trujillo 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 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 Christine Trujillo 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. 2002-2769 (1(J ✓ Li d�i1) PL0824 VIOLATIONS - VI #0200251 - CHRISTINE TRUJILLO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of October, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: a ���`?� IE LA EXCUSED � ,A' Gler4n ad, Chair Weld County Clerk to th p �. I coc cY • a David E. L ng, Pro-Tem (y, BY: 6,- / . (v- _ I , L'7 Deputy Clerk to the Bo&d �� � M. J. eile APPROVED AS TO FORM: / 2)71‘71-/ William H. Jerke dunty Attorney EXCUSED Robert D. Masden Date of signature: 2002-2769 PL0824 DATE: October 10, 2002 VIOLATION NUMBER: VI-0200251 NAME: Ms. Christine Trujillo MAILING ADDRESS: 8047 CR 48, Johnstown, CO 80534 ZONE DISTRICT: Agriculture LEGAL DESCRIPTION: Lot 13, Block 2, North Johnstown, Weld County, Colorado CASE SUMMARY June 14, 2002 Initial complaint received by the Health Department. June 17, 2002 Complaint forwarded to Zoning Compliance. June 19, 2002 Initial inspection completed. June 21, 2002 Five day compliance encouragement letter issued. June 26, 2002 Violation letter issued. July 30, 2002 Property inspected. Property still in violation. September 30, 2002 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. October 10, 2002 I called Ms. Trujillo and informed her of hearing. c.irrentty, there is a violation of Chapter 23, Article III (3i , D;.v_sion 1, of Sections 23-3-20, 23-3-30, 23-3-30.I, 23-3-40 and 23-3-40.R of the Weld County Code. To bring the property into compliance the property owner shall remove, restore or completely screen from all adjacent property owners and public rights of -nays. Additionally, any commercial equipment shall be remove from the site. 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. 2002-2769 • ttZ.%%•• ' C DEPARTMENT OF PLANNING SERVICES Code Compliance Division 11111, O WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100 Fax (970) 304-6498 September 30, 2002 Ms. Christine Trujillo 8047 CR 48.5 Johnstown, CO 80534 Subject: 71-0200251, Lot i3, BlocK 2, North Johnstown, Weld County, Colorado Dear Ms. Trujillo: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on October 15, 2002, at 10:00 a.m., to consider the violations occurring on the property. As we have previously discussed the above mentioned property is in violation of the following Section(s) of the Weld County Code: Chapter 23,Article III, Div I "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." 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.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts,provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." rfre ...It coavenier' ,. I nay% r..r laded the appropriate definitions. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); or is partially or totally d�sn.... Ped;or has all or:.;,r rens of rh,'rody work missing Cr is substantitily damaged,or not registered .:nith the Sta'' cr Co:.n ado,as required A f-Section A.T 3-103,CRS,or by Sections 42-3-)31+or 42-12-102, CRS,and'or the number plate assigr:.;d to it is not permanently attached to the vehicle, as required by Section 42-3-123, CRS; or is lacking pruper eq..,n-..ent to the extent tnz,it would be unsafe or illegal to USE on public road rights-of-way or othervwss not e4:';aped wits, lamps and other ec...!pmen:as required in Sections 42-4-202 to 42-2-227, CRS. This definition shaii not tnclt de; in:;dzn rents 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' ;JSE on surrounding USES. NONCOMMERCIAL IUNKYARD:KYARD: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 NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES. The NONCOMMERCIAL JUNKYARD shall be totally 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. Ms. Trujillo Page 2 To bring the property into compliance the following option(s) are available: The "Noncommercial Junkyard" consisting of any derelict vehicles or miscellaneous debris shall be removed or screened from all adjacent property owners and public rights-of-way. Additionally,the allowance of any commercial vehicles to utilize the lot to park vehicles is not an allowed use in a subdivision. Therefore,the commercial vehicles shall be removed from this location. 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. 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, piease call me. Sirrerely, Bethany Salzman Zoning Compliance Office U.S.Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) m a 0 Ln Postage $ O C'4ined Fee Postmark Return Receipt Fee Here In n.l (Endorsement Required) _ im Restricted Delivery Fee 0 (Endorsement Required) @ Total Postage 8 Fees $ rU la Recipient's Name (Please Print Clearly)(To be completed by mailer) CS MS. CHRISTINE TRUJILLO Street,Apt.No.;or PO Box No. CI 0 8047 CR 4825 O City,State,ZIP+a r` � � . p rrc s 80534 •S F.rm 3:rt,Febru ry 2t,r S verse f,r lnstructi.ns SERVICE,TEAMWORK,INTEGRITY,QUALITY (711,t • DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us III'gel 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE June 26, 2002 Ms. Christine Trujillo 8047 CR 48.5 Johnstown, CO 80534 Subject: VI-0200251, Lot 13, Block 2, North Johnstown, Weld County, Colorado Dear Ms. Trujillo: 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 III, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." 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.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or industrial zone districts,provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." 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 JUNKYARD: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 NONCOMMERCIAL JUNKYARD .may also include the storage or keeping of DERELICT VEHICLES. The NONCOMMERCIAL JUNKYARD shall be totally 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. Ms. Trujillo Page 2 To bring your property into compliance with the Weld County Code: The"Noncommercial Junkyard"consisting of any derelict vehicles or miscellaneous debris shall be removed or screened from all adjacent property owners and public rights-of-way. Additionally,the allowance of any commercial vehicles to utilize the lot to park vehicles is not an allowed use in a subdivision. Therefore, the commercial vehicles shall be removed from this location. 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 26, 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 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, ( �[\ Vad Bethany et any Salzman Zoning Compliance Officer pc: VI-0200251 Department of Planning Services Bruce Barker, County Attorney SERVICE.TEAMWORK,INTEGRITY,QUALITY ritar54->H, 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 Phone: (970) 353-6100, Ext. 3540 Fax: 1970) 304-6498 COLORADO June 21, 2002 Ms. Christine Trujillo 8047 CR 48.5 Johnstown, CO 80534 Subject: VI-0200251, Lot 13, Block 2, North Johnstown, Weld County, Colorado Dear Ms. Trujillo: 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 allowance of commercial parking. It has been reported that there are approximately 5 (five)dumptrucks, 1 (one) semi trailer and a boat located on the above mentioned property. Please be advised that this is not an allowed use in a Subdivision (North Johnstown) through the Weld County Code. 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, Kati Bethany Salzman Zoning Compliance Officer pc: VI-0200251 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK.INTEGRITY,QUALITY i CI' , 1 I IrL EL I ; I . 1 -I i 11 III .g 1 H O O 1 t; ...--.--5, O CN E E" rn IIQ � .. ;R,. = �. 1 a w.; z c Cg a a` a . -Q.)44:x LI >I 1.)" "' d o p o 6:Im a � x t`_ m O N I- C CC m lit N Z LAI _O _O O U. a � • C u N r . .All ?inc 00 J - d. U d . v.. m ".` p Z +1 1 I. .O d. 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H ' N u JI 4 aQ o U1121 ON C W.4 -� C I 1Z CL J 1. ,,,,y z iri ai ,�.- U m i Nt"''i;'f•:•:,', a O of ;,{;: UJ DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division ClL5\ 1555 N 17th A 1 Y Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS 11C,,,omplaint Initiated by: ( ZONING CODE COMPLAINT X Staff'Name:, Cak lTh' O Citizen C Other: ( HEALTH DEPARTMENT Citizen's Name(If known): WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If knownL. t BUILDING CODE COMPLAINT PUBLIC WORKS/PEST&WEEDS Date Complaint was received: (NA 'ending Case#(i.e. USR,RE, SE,ect...): �� "egal Description: \ �t�CA- ( A D( �‘C�;tn cr, Parcel#: kC c� t`n'na��aa Violation Address: \ \ `AJt Penn t NYI Property Owners Name:--CC 1�\IJ,1D 1 Chi(c,-ti new Phone: � Property Owners Address: M A r1 C p1 L\ U 1 5-4nn j�I1xf t�r) I L c Cf : ' Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: • Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: a Incident Report/Complaint No: ej opo z"t 9 Copy to File? Y N 1001 1 • File Name: WineENVIRONMENTAL HEALTH SERVICES INCIDENT REPORT/COMPLAINT RECORD COLORADO �Report/Complaint Received By: Date/Time : 10(06 k. � Report/Complaint Initiated By: ❑Staff tizen ❑Other Legal Description: west !� � / • �/� ��/ Jn �,rry ' ' Violation Address: wet JI oh (�f %'-(5 oonrad-� V ahKS atovu Parcel#(if known): I In I� Property Owner's Name: 71^It! ` UJ 1St( ne#: Property Owner's Address: Tenant's Name(if applicable): Phone#: Tenant's Address: Redcort/ omplaint: .1.ot.INV\ J (S g I �k --ww c, C/ ,Of.) �I'Yt� , C t'I"' NNt -, e,-[ on -� %tom C_^e,'T,,w t (Ern p n. .�iy Report/Complaint Refereed To: 1 1 I�A� 7VLC.Itt)ate: 61`4-1/62 J 1 0 Investigation : By: Date: Follow-up: By: Date: Final Disposition of Report/Complaint: By: Date: Qc 1111111i1111111111111111111111111 HI 1111{1111111 2768893 0313012000 03:50P JA Snkl Tsukamoto 1 of 1 R 5.00 0 8.00 Weld County CO I tie- I I, QUITCLAIM DEED act-..C7 , I I I THIS DEED,made this 2(..i47. day of �y-1 ,.44, I IIbetween II .71-.Yt 111-i• 6). A1evn f2./' II of the *County of WL+1d and State ar II II 11 Colorado,grantor(s),end I: r,, O10 I Ch.,�+trl vr� . (1 II .whose legal address is Jt,N in 3++`^r^ I I1 of the County of \N et t c1 and State of Colorado.grantee(s), lilt I I: WILINESS,that the grantor(s),for and in consideration of the sum of --- v r is `"iic& I I ` II DOLLARS. II II the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold and QUITCLAIMED,and by theseII heirs.succeasms and assigns foram all presents do moistrelease,sell end QUITCLAIM unto the grantee(%). with improvemems.if any, I I 111 the right,title,interest,claim and demand which the gmutur(s)haS in and to the real prope�y,together I County of vs)e la and State of Colerado, I II situate,lying and being in the deathbed as follows: LcV \3 Btocx - t cn4 . (A nn s bw'^ II I II also known by street and number as: assessor's schedule or parcel number thereunto belonging,or in anywise TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the grantor(s),either in law or equity,to the qdY proper use,benefit and bekoof of the Se(s) heirs and assigns forever. IN WILINESS WHYREOE the grantor(%)bat executed this deed on the date set forth above. I fritig;r3- A STATE OF COLORADO `................OO.. ..I 3.countyof wlid rs� W'i Q' , . The foregoing instrument was acknowledged before me this 9 C4fI day of moA a�, z Ct go ' i by \,S'tos-' G. A tn..o.r �-. a 4 :e� : Witness my hand and official seal.� L1 i Yom.••'La My commission expires: �.1'7- t5-03 (nett%.. Ua,i&WV}+-J ,Public 9r is Dart Sat"Owe. Nse BM Addams of Penult Caring Neat'Creased trill rka+ipne(L 7x35-106.3.CRS) No.933.Rex 444. QUYrCLAIM DEED Bradawl PubloaaV,1743 Wise St,Dann CO 80102—(303)392.3500-12-97 Hello