The URL can be used to link to this page

Browse Search

Home My WebLink About20020858.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MOISES ROMERO 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, Moises Romero, VI #0200005, 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 9th day of April, 2002, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Moises Romero, 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 May 9, 2002, to allow adequate time for the property owner to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0200005 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Moises Romero 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 May 9, 2002, to allow adequate time for the property owner to bring the subject property into compliance. 2002-0858 eC,, /'2 ./ PL0824 VIOLATIONS - VI #0200005 - MOISES ROMERO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of April, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO �� lEE N AYE ATTEST: om/ // .eY 186 l�Wby GI Vaad, Chair Weld County Clerk to th_ o� • ,i1-�� ye �`� (AYE filifs / David E Long, Pro-Te Ii r v BY: Deputy Clerk to the Board AYE �� . J. Geile APPR�VLh AS TACO ii// (NAY) William H. Jerke ) wAtnec e — (AYE) Robert D. Masden Date of signature: /'3° 2002-0858 PL0824 DATE: April 3, 2002 VIOLATION NUMBER: VI-0200005 NAME: Mr. Moises Romero ADDRESS: 773 South Denver Avenue, Fort Lupton, CO 80621 ZONE DISTRICT: R-2 (Residential) LEGAL DESCRIPTION: Part of the NE4NE4 of Section 7, T1N, R66W, of the 6`h P.M. , Weld County, Colorado TOTAL ACREAGE: 1 Acre CASE SUMMARY January 4, 2002 Initial complaint received. January 7, 2002 Initial inspection completed. January 10, 2002 Five day compliance encouragement letter issued. -January 14, 2002 Mr. & Mrs. Romero called. January 16, 2002 I called Mr. & Mrs. Romero. January 21, 2002 Property inspected. Property still in violation. February 21, 2002 I spoke to Mr. Romero who requested to be heard by the Board of County Commissioners. February 21, 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 2, of Sections 23-3-120, 23-3-120 .B, 23-3-120 .C and 23-3-120 .D of the Weld County Code. To bring the property into compliance the property owner shall remove or totally enclose the Noncommercial Junkyard within a garage type structure. 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 . 2002-0858 Inspection information Sheet VIOLATION: VI-0200005 STATUS: ISSUED DESCRIPTION: NCJY (Multiple Derelict Vehicles) BASE INFORMATION: PARCEL NUMBER: 1471-07-1-00-009 LEGAL DESCRIPTION: 15813E PT NE4NE4 7 1 66 BEG 1110'S NE COR W306' S115' E306' N115' TO BEG SITUS: 773 S DENVER AV FORT LUPTON 80621 OWNER: ROMERO MOISES OCCUPANCY: LOCATION: 773 S DENVER AV WEL APP TYPE: VI CLASS CODE: VI-2 ZONING DIST: R-2 INSPECTIONS: Item: 00404 TELEPHONE CALL 01/14/2002 By: BJS Action: TEL Comments: Moises & Marvina Romero called (303-857-9864). They said that they had just received a letter from me. They went on to say that when they bought the property, they were told that it was zoned "Agriculture" and my letter said that it was zoned 'R-2' or "Residential". I told them that I would double check the zoning. ***** I called them back after double checking the zoning. Their property is indeed zoned "R-2" - Residential. My records indicate that the zoning was completed on 12-16-1976. I further explained that, unfortunately, in the R-2 Zone District, "derelict vehicles" are not an allowed use. My only suggestions would be to put them in a garage or maintain them in running condition with current license plates. I explained that screening would not be an option in the R-2 Zone District. Since they had previously explained that their neighbors had farm animals, I also explained that farm animals (Livestock) are not allowed in the R-2 Zone District. Mr. & Mrs. Romero were very upset. Mr. Romero asked if I knew the number to "Congress". He said that he had to do this in the past on a different property in Denver. I told him that I did not, but he could speak to the County Commissioners office. Mrs. Romero said that would be good. Mr. Romero asked if I could transfer them. I then transferred them to the County Commissioner's Office. 01/15/2002 By: BJS Action: TEL Comments: Commissioner Geile called. He said that he had spoke to Mrs. Romero and he thought that she understood a little better now. They have just had a lot of problems with this property. He said that they are planning on building a garage and are concerned with the square foot rule. He asked me to visit with them and keep him advised of the progress. 01/16/2002 By: BJS Action: TELI Comments: I called Mr. & Mrs. Romero (303-857-9864). I told Mr. Romero that Commissioner Geile had contacted me and asked if I could meet with them on the property to better answer any question that I could. I asked if we could schedule something. He scheduled an on-site inspection/meeting for 01/21/02 @ 1400 hrs. 01/24/2002 By: BJS Action: TELI Comments: Left a message for Mr. &Mrs. Romero letting them know that they are not in a subdivision and therefore, the 4%rule does not apply. 02/20/2002 By: BJS Action: TELI Comments: Left a message for Mr. & Mrs. Romero asking them to call me in reference to this case. I left my work and cellular number. 02/21/2002 By: BJS Action: TEL Comments: Moises Romero called me back. I explained that I understood that he had spoken to several of the commissioners and I was calling him with his options. I explained that unfortunately in the Residential Zone Districts screening is not an option for a "Noncommercial Junkyard". I explained that he would need to go with garages like we had previously spoken about or he could appear before the Board of County Commissioners through a violation hearing and request that they wave the Weld County Code for his property. He chose to appear before the Board. I told him that I could schedule him for the March or April Hearings. He asked for the April Hearings. He then started talking about calling a Commissioner in Denver, who thought that he might have been turned in due to his ethnic origin. I explained that my job had nothing to do with his ethnic origin. He said that he new that and was talking about whoever turned him in. He said that he was going to call Congress again. He also said that he was going to hire an attorney. I explained that he could go through the process either way (with or without an attorney and if he felt he should hire one, that he probably should). He said that there were several properties on Denver Street that were in just as bad, if not worse, shape as his. I told him that I would drive through the area and initiate violations throughout. I thanked him for his time and told him to call me if he had any further questions. He thanked me. Item: 00405 LETTER 01/10/2002 By: BJS Action: NO Comments: 5 day compliance encouragement letter was sent. 02/21/2002 By: BJS Action: HR Comments: Violation Hearing notification was sent (certified - 04/09/02 @ 1000) • Item: 00400 SITE INSPECTION 01/07/2002 By: BJS Action: INSP Comments: Upon a visual inspection of the property, the following items were noted: several apparent derelict vehicles, especially towards the back of the property. No pictures taken at this time. 01/21/2002 By: BJS Action: INS? Comments: I met with Mr. &Mrs. Romero on-site. They had several questions regarding the 4% rule. I explained that I was unsure if they were in a subdivision or not (at a first glance, they did not appear to be in a subdivision). I explained that if they were not in a subdivision, they would not have to abide by the 4% rule. I gave them a building permit and explained how that process worked. I told them that I would call them back to let them know if they were in a subdivision or not. Item: 00406 OFFICE VISIT printed:April 3,2002 form:inspinfo i 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 February 21, 2002 Mr. Moises Romero 773 South Denver Avenue Fort Lupton, CO 80621 Subject: VI-0200005, Part of the NE4NE4 of Section 7,Ti N, R66W of the 6th P.M.,Weld County, Colorado Dear Mr. Romero: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on April 9, 2002,at 10:00 a.m., to consider the violations occurring on the property. As we discussed the above mentioned property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Article III, Div 2 "Residential Zone Districts" Section 23-3-120 "R-2(Duplex Residential)Zone District." 4 Section 23-3-120.8 "Uses Allowed by Right." Section 23-3-120.C "Accessory Uses." Section 23-3-720.D "Uses by Special Review." 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. 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. 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. To bring the property into compliance the following option(s) are available: In the R-2(Residential)Zone District a"Noncommercial Junkyard"is not a Use Allowed by Right,an Accessory Use or even a possible Use by Special Review: therefore the"Noncommercial Junkyard"consisting of derelict vehicles and miscellaneous debris shall he removed or restored. In the past,the Board of County Commissioners has however given direction that it would be acceptable for derelict vehicles to he kept in a Residential Zone District if stored in a garage type of structure so long as the front door remained closed. At this violation hearing,it will be possible for you to request a waver of this regulation from the Board of County Commissioners. At this point it is only possible through their discretion that this regulation be waved or enforced. Mr. & Mrs. Romero Page 2 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. U.S.Postal Service Sincerely, CERTIFIED MAIL RECEIPT f- 12:0 (Domestic Mail Only; No Insurance Coverage Provided) 4 Bethany Salzman In Zoning Compliance Officer Postage $ O pc: VI-0200005 Certified Fee Department of Planning Services Postmark Return Receipt Fee Here Bruce Barker, County Attorney ru (Endorsement Required) al Restricted Delivery Fee 0 (Endorsement Required) a Total Postage 8 Fees fl.l lrl Recipient's Name (Please Print Clearly)(To be completed by mailer) MI MR. MOISES ROMERO Et Street,Apt.No.;or PO Box No. 0 773 SOUTH DENVER AVENUE C City,State,ZIP+4 IN- FORT LUPTON CO 80621 •S Form 3800,February 2000 See Reverse for Instructions SEN•E': CeM'LETETHIS SECTI•N C•M'LETETHISSECTI•N eN •ELIVE•Y • Complete items 1,2, and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X ^ fl� ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. D. gelir e ry ■ Attach this card to the back of the mailpiece, /V v or on the front if space permits. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No MR. MOISES ROMERO 773 SOUTH DENVER AVENUE FORT LUPTON, CO 80621 3. Service Type =edified Mail ❑ Express Mail C Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label)7000 0520 0025 0404 5974 PS Form 3811,August 2001 Domestic Return Receipt 102595-01-M-2509 SERVICE.TEAMWORK,INTEGRITY,QUALITY 6 • DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us WI ' 1555 N. 17th Avenue, Greeley, CO 80631 lige Phone: (970) 353-6100, Ext 3540 Fax: (970) 304-6498 COLORADO January 10, 2002 Mr. Moises Romero 773 South Denver Avenue Fort Lupton, CO 80621 Subject: VI-0200005, Part of the NE4NE4 of Section 7,Ti N, R66W of the 6`h P.M., Weld County, Colorado Dear Mr. Romero: 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 a "Noncommercial Junkyard" consisting of derelict vehicles as defined by the Weld County Code. Our records indicate that your parcel is zoned Residential (R-2). In the "R-2" zone district a "Noncommercial Junkyard" is not an allowed use, even if screened; therefore, in order to bring your property into compliance with the Weld County Code, the derelict vehicles and miscellaneous debris shall be removed. For your convenience, I have added the appropriate definitions: DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power);or is panially or totally dismantled;or has all or portions of its bodywork 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. 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 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. 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 Salzma Zoning Compliance Officer pc: VI-0200005 Department of Planning Services Bruce Barker, County Attorney SERVICE',TEAMWORK.INTEGRITY,QUALITY © 4W o L L � � F e i i u o OCD wo `n ii m u Z cno�CP L L �VJ co c —CO,c,c LI.G1 n0cii: W Czzo m co CO �1 'O W O N U J p Z N Q En v "' tea N cu LO 5 J fA I J E a v a Ia - ' u °d = G , W O ra c N > OU i< > W Q CC Z e c i=i, I0 E cc J ; O W p U c I o 'E z t o Z a �- ti N. _ ? co > cc p fd H M1 _ ' to o Q 2 en CC CC N d 1 t Q ti W O a o o 4> C a I O N - z z j - LL W N .- N (' 4 d e-- N C E to an co an O F-- U Y O 0 47 47 GO d d QJ (A ry O C a ¢ o[_ L. !!i Z lit.,,, •.'fir p .01 c) �i frf4;i- . ,� G'.314 m V� l l w t,^I. o cc L U Q1 • R, • E . ac • y • C 3 U I 0 1 9 I a= m a L € I o 0 0 o a. £ -- Z U m z m z 1 N N cv lc,' i tn 0 CO CO Cn m o COm T.) 0 > d _ _ — u > m - m O ) :� d > J < _ t m -.Iel !.,1w Q .,cn > w " Q o CO ....... m w :.cc i Q Q O w �- w _0 • � o • s o 2 - > ► CV .v 0 j; a 0 Z = Z I III 1 c) Lu LL y N o _ _ _ _ 2 o tl-.'., 61 2 Z o --4. _ _ lliii u) ,': '0 (3 z a .s':_ Q o o U N N0 - 1 1 1 1 1 J a U Z n do ! Z O Q j Q N In C G y 0N¢. N C C Q_ i ' p(,'Q Vii:.` II`::I Z CIT) 8 d .a iG ❑ T O T3 N a ..g > m i, oq; b o = a N E a 2 a U m • a. a, o Q U ❑ . O ` s 0 IN 0 ,_' el o E o d '•• N2 L 0.1 I CC > U a al Z N N 7 E ❑ N DEPARTMENT OF PLANNING SERVICES Code Compliance Division ( ( 1555 N. 17th Avenue, Greeley, CO 80631 /� ;-L Phone: (970) 353-6100, Ext. 3540 -)'- Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: K ZONING CODE COMPLAINT o Staft7Name: y Citizen 0 Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): RT1Ctm,-;1 ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): O BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: tI'1iDZ Pending Case#(i.e.USR,RE, SE,ect...): Legal Description: 3 AcE4 OC —1"(' (AD Parcel#: (q(it- • 'CO-0C-Pt Violation Address: 11 5 Property Owners Name: R.teelbm t (T C.1))) Phone: Property Owners Address: ' (.LlfitriYl I C.O ioZ t Tenant's Name: Phone: Tenant's Address: Math* ' NATURE OF COMPLAINT: \ \ a h* V t.)nd Ci•t. Th Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: 111111111111111I1111111111111011111! III11111III! 1111 26!1666 05/65/1898 04:41P Meld Canty CO 1 of 1 R 6.00 D 14.80 JR Suki Tsukameto q.(de WARRANTY DEED THIS DEED, Made this 3rd day of May, 1999 between Danny Dean Porter and Kathleen R. Porter of the County of Weld and State of Colorado, grantor, and Moises Romero, Jr. and Marvine T. Garcia whose legal address is 773 8. Denver Ave., Fort Lupton, Colorado 80621 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of ONE HUNDRED FORTY EIGHT THOU87NID AND 00/100, ($148,000.00) 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 grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: All that part of the NE1/4 of the NE1/4 of Section 7, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Beginning at a point 1110 feet South of the Northeast corner of the NE1/4 of the NE1/4 of said Section 7; thence West 306 feet; thence South 115 feet; i thence East 306 feet; ;-y thence North 115 feet to the Point of Beginning. .'ev also known by street and number as 773 S. Denver Ave., Fort Lupton, Colorado 80621 0 X TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the ion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand what f the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditament* 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, for himself, hit 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 unsealing and delivery of these presents, he is well seised 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 same are free and clear from all former and other grants, bargains, sales, liens, taxes, assess meats, encumbrances and restrictions of whatever kind or nature , except general taxes for 1999 and subsequent years; except easements, restrictions, covenants, conditions, tions 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 po ion 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, the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this dead the da set fo above. ba y Deah Porter BY: Kathleen R. P *pa' ttorney_9;fact tit thleen R. Por er STATE OF COLORADO } } ss. The foregoing instrument was acknowledged before County of Weld } me this 3rd day of May, 1999 by Kathleen R. Porter, Individually and as attorney in fact for Danny Dean Porter. Witness my hand and official seal. My commission expires 10-17-2002 o .... , ( O I MELINDA .5°: NOTARY PUBLIC t SAESSLER 15 South 4th Avenue No. 921A. Rev. 3-85 cs.. Brighton, COLORADO 80601 4' Of Hello