HomeMy WebLinkAbout20021212.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST SANTOS VEGA AND YADIRA LUZ 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, Santos Vega and Yadira Luz, VI #0200041, 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 14th day of May, 2002, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Santos Vega and Yadira Luz 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 Santos Vega and Yadira Luz 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.
@c: ft, Vick,
2002-1212
PL0824
VIOLATIONS - VI #0200041 - SANTOS VEGA AND YADIRA LUZ
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of May, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
��teM I "ii-ca‘
ATTEST: �51�'ccs9 i����;•^
tleer ad, Chair
Weld County Clerk to the to s s'"fi Q�1oile
1 \ C
,D . ,'David E. Lo , ro-Tem
BY: �y � +
Deputy Clerk to the Boat �'
M. J. eile
AP rDASTO " OR i . - 4 L-
W iam H. Jerke r
nty ttorney, 6
Robert D. Masden
54 Date of signature:
2002-1212
PL0824
DATE: May 8, 2002
VIOLATION NUMBER: VI-0200041
NAME: Mr. Santos Vega and Ms. Yadira Luz
ADDRESS: 909 E. 16`h Street, Greeley, CO 80631
ZONE DISTRICT: Agriculture
LEGAL DESCRIPTION: Lot 6, also known as part of the SW4NE4 of Section 9, T5N,
R65W, of the 6`h P.M. , Weld County, Colorado
ACREAGE: 5 Acres
CASE SUMMARY
February 21, 2002 Initial complaint received.
February 21, 2002 Initial inspection completed.
February 21, 2002 Five day compliance encouragement letter issued.
March 4, 2002 Property inspected. Property remains in violation.
March 6, 2002 Violation letter issued.
April 5, 2002 Letter sent to property owner indicating that the violation
case was scheduled before the Board of County Commissioners.
Currently, there is a violation of Chapter 23, Article III (3) , Division 1, of
Sections 23-3-20, 23-3-20 .B, 23-3-30 and 23-3-30 .I of the Weld County Code. To
bring the property into compliance the property owner shall remove or completely
screen the Noncommercial Junkyard from all adjacent properties and public rights-
of-way. Additionally, the derelict mobile home shall be removed from the
property.
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.
2002-1212
Kit
DEPARTMENT OF PLANNING SERVICES
C Code Compliance Division
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
April 5, 2002
Mr. Santos Vega & Ms. Yadira Luz
909 E. 16th Street
Greeley, CO 80631
Subject: VI-0200041, Lot 6, also known as part of the SW4NE4 of Section 9, T5N, R65W of the 6"' P.M.,
Weld County, Colorado
Dear Mr. Vega & Ms. Luz:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with
the Board of County Commissioners on May 14,2002,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 III, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-20.8 "One(1)single-family dwelling unit and auxiliary quarters on a parcel of land created under the
provisions of Chapter 24,Article VIII of this Code."
Section 23-3-30 "Accessory uses."
Section 23-3-30.1 "Noncommercial junkyard."
To bring the property into compliance the following option(s) are available:
The "Noncommercial Junkyard" consisting of derelict vehicles and miscellaneous debris shall be removed or
screened from all adjacent property owners and public rights-of-way. Additionally,the yellowish and cream colored
mobile home is not permitted to remain on the property. That mobile home shall be removed. Lastly,we have
received numerous complaints regarding more than 1(one)living unit occupying the property. In Weld County only
1 (one)LIVING UNIT is allowed to occupy a residence.
LIVING UNIT:One(1)FAMILY plus up to three(3)additional individuals whose place of residence is with the FAMILY
in the DWELLING UNIT.
FAMILY: An individual, or a group of two (2) or more individuals related by blood, marriage or adoption, living
together.
DWELLING UNIT: One (1) or more interconnected rooms which are arranged, designed, used or intended for USE
as a complete independent living facility for one (1) LIVING UNIT. The term DWELLING UNIT does not include
HOTELS,MOTELS,RECREATIONAL VEHICLES or other places or accommodations when used for transient occupancy.
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 SeHces :o lessen the noise, :ight, heat or visual
impacts of a LSE on surrounding USES.
Mr. Vega& Ms. Luz
Page 2
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.
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,
please call me.
Sincerely,
U.S. Postal Service CERTIFIED MAIL RECEIPT
,'`\.Jhl- (Domestic Mail Only; No Insurance Coverage Provided)
Bethany Salzman
Zoning Compliance Officer -U •
Postage
pc: VI-0200041 $
Department of Planning Services p Certified Fee
Bruce Barker, County Attorney Return Receipt Fee Postmark
(Endorsement Required) Here
rU
O Restricted Delivery Fee
O (Endorsement Required)
0 Total Postage&Fees
ru
Lt) Recipient's Name (Please Print Clearly)(To be completed by mailer)
o MR. SANTOS VEGA & MS. YADIRA LUZ
Street,Apt No.;or PO Box No.
0 909 E. 16TH STREET
C City,State,2/Ps 0
N GREELEY, CO 80631
SERVICE,TEAMWORK,INTEGRITY,QUALITY
h
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
' E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
g el Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
March 6, 2002
Mr. Santos Vega & Ms. Yadira Luz
909 E. 16`" Street
Greeley, CO 80631
Subject: VI-0200041, Lot 6, also known as part of the SW4NE4 of Section 9, T5N, R65W of the 6th P.M.,
Weld County, Colorado
Dear Mr. Vega & Ms. Luz:
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 23-3-20.B "One(1)single-family dwelling unit and auxiliary quarters on a parcel of land created under the
provisions of Chapter 24,Article VIII of this Code."
Section 23-3-30 "Accessory uses."
Section 23-3-30.1 "Noncommercial junkyard."
To bring your property into compliance with the Weld County Code:
The"Noncommercial Junkyard"consisting of derelict vehicles and miscellaneous debris shall be removed or screened from
all adjacent property owners ano public rights-of-way. Additionally,the yellowish and cream colored mobile home is not
permitted to remain on the property. That mobile home shall be removed. Lastly,we have received numerous complaints
regarding more than 1 (one) living unit occupying the property. In Weld County only 1 (one) LIVING UNIT is allowed to
occupy a residence.
LIVING UNIT: One(1) FAMILY plus up to three(3)additional individuals whose place of residence is with the FAMILY
in the DWELLING UNIT.
FAMILY:An individual,or a group of two(2)or more individuals related by blood,marriage or adoption,living together.
DWELLING UNIT: One(1)or more interconnected rooms which are arranged, designed, used or intended for USE as a
complete independent living facility for one(1) LIVING UNIT. The term DWELLING UNIT does not include HOTELS,
MOTELS, RECREATIONAL VEHICLES or other places or accommodations when used for transient occupancy.
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 Sec:ions 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 or Planning Services to lessen the noise,-ight,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 orhanr,'led,
inciuo ng, out not limited to scrap iron and other metals paper, rags, rubber tires, building m '"'lals, and br ;es. A
NO DM.MERCIAL JUNKYARD may also Include the storage or keening of DERELICT VEHICLES. The
NON.COMwIERCIAL JUNKYARD shml be totally enclosed w Hct.In a building or structure or visuaily SCREENED from all
u nt oror-'n ids and pub' ights-or-way.
;U`1K Scrap crass, iron, leaU tin, zinc; all other scrap met is and alloys; bones: rags; used c'oth rope, rubber, tinfo.
:orues, aid or used machinery of any type; used tools, used appliances; used umber or cratesr.building materials;...w+u...,,-_.
r,aoncauon or any material; used pipe or pipe fittings; used conduit or conduit fittings; used automooi le pans; DERELICT
EN CLES u. 0 tires and other man ufactuieo goods that are to worn.deteriorated,or 0 a,o i,te as to make them tin0500;e
in their existing condition,
Mr. Vega and Ms. Luz
Page 2
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 , March 6,
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,
(bISL?
Bethany Salzma
Zoning Compliance Officer
pc; VI-0200041
Department of Planning Services
Bruce Barker, County Attorney
SERVICE.TEAM W OICC.INYEG RITv.Q�:nLrry
elf 6
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
cie
555 N 17th Avenue Greeley, CO 80631
WI I Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORAD •
February 21, 2002
Mr. Santos Vega & Ms. Yadira Luz
909 E. 16' Street
Greeley, CO 80631
Subject: VI-0200041, Lot 6, also known as part of the SW4NE4 of Section 9, T5N, R65W of the 6t" P.M.,
Weld County, Colorado
Dear Mr. Vega & Ms. Luz:
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(s)with the Weld County Code are
a "Noncommercial Junkyard" consisting of numerous derelict vehicles and miscellaneous debris, more than 1
family living in the principle dwelling unit and a mobile home without the required permits. While we do have
a building permit for the mobile home currently utilized as a dwelling unit,the other mobile home(located next
to the road) should have been removed from the property. The "Noncommercial Junkyard" is a use allowed in
the Agricultural Zone District; however, it must be screened from all adjacent properties and all public rights-of-
way. Lastly, in Weld County only 1 (one) living unit is allowed to occupy a dwelling unit. Please see the
following definitions as listed in the Weld County Code.
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)orthe 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
NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES. The NONCOMMERCIAL
JUNKYARD shall he teta.ly enclose°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,tnfoil, 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 nduit fittings; ,wed 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.
LIVING UNIT:One ill FAMILY plus up to three 13)additional indivlaua,s whose place of residence is with the FAMILY in the
DWELLING UNIT.
FAMILY: An individual, or a group of two(2)or more individuals related by bu;od, man age or adoplion, Iivng together.
DWELLING UNIT:One III or more interconnected rooms which are arranged,designed.used or intender.for USE as a complete
.;epenaent living facility for one (I) LIVING UNIT. The term DWELLING UNIT does not include HOTELS, MOTELS,
RECREATIONAL VEHICLES or other places or accommodations when used for transient occupancy.
Mr. Vega & Ms. Luz
Page 2
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 Officer
pc: VI-0200041
Department of Planning Services
Bruce Barker, County Attorney
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
C 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
l4 Fax: (970) 304-6498
COLORADO 4
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
Id ZONING CODE COMPLAINT o Staff/Name: X Citizen ❑ Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known): P\CthLJ ,'h
NISA.t -
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
o BUILDING CODE COMPLAINT
o PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: a
Pending Case#(i.e.USR, RE,SE,ect...): 11 3 LCC6Legal Description: t1; (—O til.>_f` c 4 .C.,( tt"fl`"1 ST' L Parcel #: (` L k•lam, \•Cfm•mut
Violation Address: qin . Lc44
Property Owners Name: \\A \, ,1 G eA l� '1xt c3 Phone:
Property Owners Address: 6c-text IA Cl' 5CkG I
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: Va.59 — 5t rtenPlade- Vt Y\IeIt.T"J*�A"Sfl
VVC kCit‘C.rThecn %a.) e r C - !:,f t.(` r'ncr l c,t 'C$Z., comic 1. c\
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Complaint Referred To: • Date:
Complaint Referred To: Date:
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1111111 VIII Milli ill 11111111iii 111 HIM III I Iiii II III
2187563 08/16/2000 02:48P JA Sold Tsukamoto
1 of 1 R 5.00 0 15.50 Weld County CO
WARRANTY DEED
THIS DEED, Made this 14th day of August , 2000 , (1 lk F n 1
between Bradley R. Nazarenus and Stacy L. Dilka- LID3[ /- C°
Nazarenus
dk i VDi 5G'
of the County of Weld and State of Colorado
grantor,and Santos Vega and Luz Yadira Vega
whose legal address is 909 East 16th Street, Greeley, CO 80631
of the County of Weld and State of Colorado ,grantees:
WITNESS,That the grantor,for and in consideration of the sum of ONE HUNDRED FIFTY FIVE THOUSAND
AND NO/100
DOLLARS, ($155, 000. 00 ),the receipt and
sufficiency of which is hereby acknowledged, has granted, bargained,sold and conveyed, and by these presents does grant, bar-
gain,sell,convey and confirm,unto the grantees,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 6 of the Southwest Quarter of the Northeast Quarter of Section 9, Township
5 North, Range 65 West of the 6th P.M. ,
County of Weld, State of Colorado
also known by street and number as 909 East 16th Street, Greeley, CO 80631
TOGETHER with an 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 HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,their
heirs and assigns forever. And the grantor, lox himself.his heirs and personal representatives,does covenant, grant, bargain and
agree to and with the grantees, 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
as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year,a lien but not yet due
and payable,easements,restrictions,reservations,covenants and rights-of-way of record,if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses-
sion of the grantees,their heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural.the plural the singular, and the use of any gender shall be applicable w all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
Bradley R Nazare st St cy L Dil a-Nazarenes
STATE OF COLORADO )1µ O r s
ate..-•,q9
2
COUNTY OF WELD 140 'IA
The foregoing instrument was acknowledged be Jpe thiyf h \'May of August , 2000 ,by
Bradley R. Nazarenus and Stec 9j4 Di*ee az Q nus
My Commission expires: July 15, 2 0 01 1•,?
^ • _ess I an and pfficial seal,
"ICOaxtr / gIVAI l/
Notary Public
Carrie Walker
WA RRANCY DEED(to Joint Tenants)twoxminl File 10039654AV)
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