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Home My WebLink About20051709.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST BRAD HELTENBERG 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, Brad Heltenberg, VI #0300301, 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 14th day of June, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Brad Heltenberg, 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 August 14, 2005,to allow adequate time for the property owner to put up a fence to screen the derelict vehicles 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 #0300301 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Brad Heltenberg 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 August 14, 2005, to allow adequate time for the property owner to put up a fence to screen the derelict vehicles. 2005-1709 PL0824 re, ; , % ,i a7D� �J VIOLATIONS -VI #0300301 - BRAD HELTENBERG PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 14th day of June, A.D., 2005. BOARD OF COUNTY COMMISSIONERS # E Itt% �� WELD COUNTY, COLORADO I ,I�.. . / //�'l/7/G‘�/( 2 5 t �� ' 4T2 die William H. rke, Chair 1861 d4 Clerk to the Board �ir�I i Sea ate .s .eputy Clerk to the Board C D vid E. Long APP AS TO • �� Robert D. Masden ) oun y Attor eyi.-012...c.&.4 A l/C -eiLe Glenn Vaad Date of signature: 2005-1709 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Brad Heltenberg Violation: VI-0300301 Address: 28506 CR 62, Gill, CO 80624 Legal: Lot A of RE-2350 also known as part of the W2NE4 of Section 2, T5N, R64W of the 6th P.M., Weld County Colorado Location: South of and adjacent to CR 62 and East of and adjacent to Hwy 37 North: Agricultural South: Agricultural East: Agricultural West: Agricultural Parcel Number: 0963-02-0-00-031 Acreage: 3.39 +1-Acres Certified mail date: April 27, 2005 Received: May 5, 2005 Currently the property is in violation of Chapter 23, Article III (3), Division 1 of Sections 23-3-20, 23-3-30 and 23-3-30.1 of the Weld County Code. REMEDY To bring the property into compliance all derelict vehicles shall be removed, restored or completely screened from all adjacent properties and public rights-of-way. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office for immediate legal action. CASE HISTORY September 20, 2003 Initial complaint received. May 6, 2004 Initial inspection completed. October 27, 2003 Five day compliance encouragement letter issued. February 8, 2005 Violation letter issued. February 18, 2005 Property owner called and asked for more time. I agreed to give him 60 days and if substantial progress was made (at least 1/2 of fencing completed)and then I may be able to grant him one additional extension. April 26, 2005 Property inspected. Property remains in violation. No fencing had been started. April 27, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2005-1709 Q DEPARTML_.f OF PLANNING SERVICES t(09North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 WWW.CO.WELD.CO.US W.CO.W ELD.CO.US E-mail Address: asiron@co.weld.co.us Phone (970) 353-6100, Ext. 3566 Fax (970) 304-6498 • Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 April 27, 2005 Mr. Brad Heltenberg 28506 CR 62 Gill, CO 80624 Subject: VI-0300301, Lot A of RE-2350 also known as part of the W2NE4 of Section 2, T5N, R64W of the 6th P.M., Weld County Colorado Dear Mr. Heltenberg: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on June 14, 2005 at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property remains 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" To bring the property into compliance: The "Noncommercial Junkyard" consisting of derelict vehicles, shall be removed, restored or screened from all adjacent properties and all public road right-of-ways. During a phone conversation on February 18,2005 you requested 60 days to complete at least half of your fencing. However,upon a visual inspection of your property on April 26, 2005 fencing for the derelict vehicles had not been started. This hearing will take place in our Hearing Room, located at 918 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 and/or pictures 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 .ntyAttorneyto proceed with legal action tc )edy 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, Ann Siron Zoning Compliance Officer pc: VI-0300301 Department of Planning Services T N H o • • • m Bruce Barker, County Attorney o ; r o ,��°i-ii ^ o Wm Z r ry�,7 o -D.003 ,c a v RI a 3 n 0 Ed n. N r£ C T : ym 3 n 1 m • - co CI y adg o'+ m • 0 3. o na r E. =e;u. m t=i-y 3 CT g a% ty ,o', mocN �-. z -r...) a- Z � m» 23.�0N o IN ego a a a n G] 3 r FO' • w m in -.aamT.D ra q = nio �_C ion �y.o al 30030 z m o p 15 cl v P ,N m m D to Ci C ? o a P p n A • g N a ❑ ❑ 6 41 3 - . m = y 3319 - r<nt 2' .- a 0 0 a. c �8. 3 2 � < .< ' a ru a g m l•c~ 2 r d ^, p m \ U y 6 3 &I" '^ - n U.S. Postal ServiceTM ° ❑ ❑ ❑ m i` CERTIFIED MAIL,., RECEIPT r a O - " ' z °' ► z mo (Domestic Mail Only;No Insurance Coverage Provided) 0 DJ � 3 &I g 3 m Z • s F r.elivery inf rmati•n visit •urwe•siteatwww.us•s.c ns, o m g 3 m f f` I @ y c — .. y DS' tO Postage $ ! iR m Z < /1 O o Certified Fee i • V.m. , O on 0 Postmark n m o Patten(Endorsement Required) Regent Fee Here Z C... Restricted Delivery Fee (Endorsement Required) 0 - Total Postage $8 Fees IT 0 Sent To o MR BRAD HELTENBERG r • 3tree`'Bo N or . 28506 CR 62 City.State,nPwGILL, CO 80624 PS Form 3800.June 2002 See Reverse for Instructions COLORADO .7io 1v of Greeley,CO 80631 i—J/,Date of Inspection: - Permit/Case No.: V I --(; 2/)Q?y. :I Property Owner Name: .)-1e1 `I�( ) i_{..( )`-r , Address: i6C/ (_. / U Upon a(visual)(on-site) inspection of the property listed above,the following items were noted: � 1 . Inspection by: 0_4") Contact Name: a J.' /7 (..] Contact Phone Number:970-353-6100,Ext. 3555 Copy of this inspection wa . ❑ Mailed on: Pictures taken during inspection: ❑ Yes 'No rs DEPARTMENT OF PLANNING SERVICES Code Compliance Division ' Website: WWW.CO.WELD.CO.US C E-mail Address:O asiron@co.weld.co.us 918 10`"Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3566 • Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE February 8, 2005 Mr. & Mrs. Brad Heltenberg 28506 CR 62 Gill, CO 80624 Subject: VI-0300301, Lot A of RE-2350 also known as part of the W2NE4 of Section 2,T5N, R64W of the 6`" P.M., Weld County, Colorado Dear Mr. & Mrs. Brad Heltenberg: • The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 23, Article Ill, Div 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." To bring your property into compliance with the Weld County Code: The "Noncommercial Junkyard" consisting of derelict vehicles and bus shall be restored, removed or completely screened from all adjacent properties and public rights-of-ways. 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 February 8, 2005, 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 Attorneys 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, in� 441-0( Ann Siron Zoning Compliance Officer pc: VI-0300301 Department of Planning Services COLORADO Y10 IV Jt Greeley, CO 80631 Date of Inspection: si/a 105 Permit/Case No.: Vim- DONDOD I Property Owner Name: I k /b'cg Pirad aEl&L ) Address: as otp EL L©R Upon a(visual)(on-site)inspection of the property listed above, the following items were noted: Inspection by: � _1_� ontact Name: P„ i` C7-3( Contact Phone Number: 970-353-6100,Ext.3555 Copy of this inspection s: ft Pictures taken during inspection: Yes O No °1 rig Weld County Department of Planning Services Inspection Report COLORADO 1555 N. 17th Avenue K Greeley, CO 80631 J Date of Inspection: (Q-04 Permit/Case No.: \11,--- O 5Ob 2.O k Property Owner Name: 1&1-1 i C�.1h1 Address: 2?a)Uzi C - `Qt Upon a(visual)(on-site) inspection of the property listed above,the following items were noted: tiD k 604,1C* 'hc w \13t \ d Inspection by: C+J Contact Name: Pk.. ' 1 J Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspection was: ; Pictures taken during inspection: i&Yes U No a (es DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us Willi 1555 N. 17th Avenue, Greeley, CO 80631 C. Phone: (970) 353-6100, Ext. 3555 Fax: (9 Fax: (970) 304-6498 COLORADO October 27, 2003 Mr. & Mrs. Brad Heltenberg 28506 CR 62 Gill, CO 80624 Subject: VI-0300301, Lot A of RE-2350 also known as part of the W2NE4 of Section 2,T5N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. Heltenberg: 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, Chapter 23. The potential noncompliance with the Weld County Code is the presence of a "Noncommercial Junkyard" consisting of derelict vehicles and derelict camper-trailers/RV's and a semi trailer. While a "Noncommercial Junkyard" is a 'Use by Right' in the Agricultural Zone District, it must be screened from all adjacent properties and public rights-of-ways. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand 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 registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, 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. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; is not registered with the State, as required by Section 42-3-103, C.R.S.,or by Section 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle,as required by Section 42-3-123, C.R.S.; 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, C.R.S. 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. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. SERVICE,TEAMWORK,INTEGRITY,QUALITY Mr.&Mrs.Heltenberg Page 2,VI.0300301 Please contact me within five working days of the date of this letter to review these concerns with me. Failure to close this violation or efforts to show progress,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, $AirlicaOci Bethany Salzman Zoning Compliance Officer pc: VI-0300301 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY Identify Results Page 1 of 2 WELD COUNTY ASSESSOR `�'� PROPERTY PROFILE • �.- � Account#: R8766900 Parcel#: 096302000031 Tax Area: 0743 Bordering County: Acres: 3.39 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 05 - 64 - 02 - 0 - - Owners Name &Address: Property Address: HELTENBERG BRAD L&EILEEN Street: 28506 62 CR GREELEY 28506 WELD CO RD 62 City: GREELEY GILL, CO 80624 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 9/14/2001 $0 QCN 2884638 Legal Description I PT W2NE4 2-5-64 LOT A REC EXEMPT RE-2350 (.28R) l Land Valuation Summary Land Type Abst Code Unit of Number of Assessed yp Measure Units Actual Value Value Residential 1112 Acres 3.39 Land Subtotal: 3.39 $40,680 $3,240 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $161,667 $12,870 Total Property Value $202,347 $16,110 Building Details Account#: R8766900 Parcel#: 096302000031 Owners Name&Address: Property Address: HELTENBERG BRAD L&EILEEN Street: 28506 62 CR GREELEY 28506 WELD CO RD 62 City: GREELEY GILL, CO 80624 Building# Property Type 1 Residential Individual Built As Detail Built As: Modular Year Built: 2001 Exterior: Frame Siding HVAC: Forced Air http://maps.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=09630... 10/27/2003 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 2063 # of Baths: 2 Roof Type: Gable # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 7 Units: 1 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: 2063 Finished SQ Ft: http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=09630... 10/27/2003 X a T LLLL !; O a _y Q : C C'5 a } W� L1 >, W Q ► - CyQ Pf H al A t - ' g s .= t : o m o i W a 'U lg m U t p�p v m U g m L'7 p Z 3 �j 0 } m W 1 Ow'J 6 a CAl...... ( . ; # }I O e v 0 c' : H0HL ca giYriii ilt ik. a RI w C ' , J t .3 J i,�MP W �. }'7 ra d � LJ 6 - hG 8 �' ": J Mp 5-d:i OO T.; J ''0 U C S I Nii, 3 m aa! err S % c } o - -- . . 1 ; (2 Oc " n (N . IN ., I -�I -I Q z u z 0. a } S z o — I I I I N v c — �Y r ((®® . Ii }g i t .. i iip t 1 0 a E m o 'lix ' R wN4 iav Cl—Z 'Cr) A aka 1-f L,i�3iy�r(��;! 71 141a ciirH%o DEPARTMENT OF PLANNING SERVICES Vine Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 yl S.- Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS $Q ZONING CODE COMPLAINT ❑ HEALTH DEPARTMENT ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: t0 Zt'C„3 Pending Case#(i.e. USR,RE, SE, ect...): Legal Description: 4Ott ARE.-a?s ', V3;1LC-S-r ( OalriY lAttlrcel#:Cfkl,PbsOrthit CO"rbk Violation Address: cv.5 tO ce- Loa Property Owners Name: P--tlli(C1�1'�'\C?,: ( 'cv1 f'i ["..t�L Xl ar Phone: n c Property Owners Address: .J' ell Li, CO Zkpat-t Tenant's Name: Phone: Tenant's Address: !' NATURE OF COMPLAINT: \'C(2 (i1\- oa ( \cP)nt 6r) 54. ?1\ kcxc\ Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: IC h'� ix yi (d - 1�1�Ci t( veh+ckc')1' l fl i txtyk1 U:>/eirc C c Cyan c�� , I * i \X4s, Gercrx.r- is v CSire aS 1 111111 I I I I 11111111 I i..all 111111111111 I I 111111Hill 2884838 09/1912001 10.82A JA SAM Teukamoto 1 of 1 R 5.00 D 0.00 Weld County CO 636 QUIT CLAIM DEED THIS DEED, Made this 14th day of September, 2001 between Brad L. Heltenberg of the County of Weld and State of Colorado, grantor,and Brad L. Heltenberg and Eileen Heltenberg whose legal address is 28506 WCR 62, Gill, CO 80624 of the County of Weld and State of Colorado, grantees: WITNESSETH, That the grantorls) for and in consideration of the sum of ONE AND 00/100, ($1.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents doe. remise, release, sell and QUIT CLAIM unto the grantee(s), their heirs, successors and assigns forever, all right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Wald and State of Colorado, described as follows: Lot A of Recorded Exemption No. 0963-02-1-RE2350, recorded April 9, 1999 as Reception No. 2686236, being a part of the W1/2NE1/4 of Section 2, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as 28506 Weld County Road 62, Gill, Colorado 80624 TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges [hereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), their heirs end assigns forever. IN WITNESS WHEREOF, The grantor(s) has executed this deed on the date set forth above. Brad L. Heltenberg STATE OF COLORADO, es. The foregoing instrument was acknowledged before County of Weld ) me this 14th day of September, 2001, by Brad L. Heltenberg N"` Witness my hand and official seal. 4..I F(%N My commission expires /,j-Oc2 GRi 2 r DONNA J. ' ; l� ` RAY j TARY LIC cO\ ;+0� 1113 Tenth Avenue Greeley, COLORADO 80631 l� OF C0' -\ i v _ 7 % L P //17 37 ( HELTENBERG, BRAD\\\\f+ VI-0300301 � , ( ---N U c7--(7m— I C 1 \--- I > O62 �a. . 1d! lirr -..:r ' r „, , ole *iv . i4 . N: ,.'10. ...• i. . ..• ,10,5‘. It 41lit i,..b. ; i 1-.1 rill. . ..,./ .. .. .4.4 . - - .. - r 1 . Pr 1 7 A 1 -Tr al Ak 4DiIll _ _. a r t: w) xJ4a� � y"j1 1�°p �� -..-1":"::4-Ly�i� -_•.cs mss_. N:...1.• -I y ` �, -_ - t.:,A "`_.'_._ .lsvot ?,i"- f�'1 wa--.� h� ,. . ..t •.:-, It. ir- lik '47IMMILJ ter �j '�+ ' - -Vistio r =- LW iimpre mtik ••jai MI R at _—��i - , _ all MEi !�T� Hello