HomeMy WebLinkAbout20050422.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST JACOB AND BETTY DAWSON 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, Jacob and Betty Dawson, VI #0300225, 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 8th day of February, 2005, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Jacob Dawson, 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 8, 2005, to allow adequate time for the property owners to schedule an
auction, remove, restore, or screen the noncommercial junkyard from all adjacent properties and
public rights-of-way, to bring the property into compliance and to complete an inspection of the
property within thirty days by the Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that VI #0300225 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Jacob and Betty Dawson 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 8, 2005, to allow adequate time for the property
owners to schedule an auction, remove, restore, or screen the noncommercial junkyard from all
adjacent properties and public rights-of-way, and to complete an inspection within thirty days to
bring the subject property into compliance.
2005-0422
PL0824
VIOLATIONS - VI #0300225 - JACOB AND BETTY DAWSON
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of February, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
O ��� D'0 WELD COUNTY,,COLORADO
� y -1 / //z-i.---'
a� William H. Jerke, Chair
jJeClerk to the Board
'S51 �0 EXCU D
�� M. J. ei e, Pro-Tem
1 lerk to the Board C Ck r
', \. D id E. Long
APPROV A O F li. & \k\\,
a ______;„—_Robert D. Masden
unty Attorney EXCUSED
Glenn Vaad
Date of signature: --1-A-3
2005-0422
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Mr. & Mrs. Jacob Dawson
Violation: VI-0300225
Address: 511 Hwy 85, Brighton, CO 80601
Legal: Part of the S2 of Section 31, Ti N, R66W of the 6th P.M., Weld County, Colorado
Location: West of and adjacent to Highway 85, Approximately'/,mile North of CR 2
North: Industrial, heavy mining activity
South: Sylmar Manor Mobile Home Park and CR 2
East: Brighton and Industrial and Commercially zoned properties
West: Agriculture, mining activity and South Platte River
Parcel Number: 1471-31-0-00-034 Acreage: 24 +/-Acres
Certified mail date: December 29, 2004 Received: January 3, 2005
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Section 23-3-20, 23-3-30,
23-3-30.F, 23-3-30.1 and Chapter 23, Article IV (4), Division 3 of Section 23-4-130 of the Weld County
Code.
REMEDY
To bring the property into compliance the"Noncommercial Junkyard" shall be restored, removed or
completely screened from all adjacent properties and public rights-of-ways. The mobile homes shall be
removed.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for
immediate legal action.
CASE HISTORY
August 8, 2003 Initial complaint received.
August 8, 2003 Initial inspection completed.
September 25, 2003 Five day compliance encouragement letter issued.
November 14, 2003 Property inspected. Property remains in violation.
November 21, 2003 Violation letter issued.
March 12, 2004 Violation letter re-issued.
June 18, 2004 Letter sent approving a 30-day extension to clean up around mobile homes.
December 29, 2004 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2005-0422
10(4 9
DEPARTMENT OF PLANNING SERVICES
' Code Compliance Division
WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
O 918 10`h Street, Greeley, CO 80631
Phone (970)353-6100, Ext. 3555
COLORADO Fax (970) 304-6498
December 29, 2004
Mr. & Mrs. Jacob Dawson
511 US Highway 85
Brighton, CO 80601
Subject: VI-0300225, Part of the S2 of Section 31, T1 N, R66W of the 6th P.M., Weld County,
Colorado
Dear Mr. & Mrs. Dawson:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on February 8,2005,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.F "Mobile Homes subject to the additional requirements of Article IV,
Division 3 of this Chapter."
Section 23-3-30.1 "Noncommercial Junkyard."
Chapter 23, Article IV, Div 3 "Mobile Homes"
Section 23-4-130 "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. An application for any zoning or
building permit for a MOBILE HOME required by this Division shall include the following:"
To bring the property into compliance:
As we have previously discussed, the"Noncommercial Junkyard" consisting of derelict
vehicles,wood,metal/iron,trash and miscellaneous debris shall be restored,removed or
completely screened from all adjacent properties and public rights-of-ways.
The mobile homes shall be addressed as previously indicated. We briefly discussed the
utilization of cargo containers (typically used in ocean travel) as storage units. After
reviewing the Weld County Code, it was determined that you are allowed to utilize 1 (one)
cargo container as long as it is utilized strictly for the storage of"Agricultural Goods". A
"Certificate of Compliance" (COC) is required for any Agriculturally Exempt structure.
Additional containers would require a Zoning Permit and would only grant a"temporary"
usage. For questions, I would suggest that you speak to one of our"On-Call"Planners.
We have to locations open to the public. Our main office is located at 918 10th Street,
Greeley, Colorado. Where, we have an"on-call" planner, Monday or Wednesday from
8:00 a.m.-4:00 p.m. or Friday from 12:00 -4:00 p.m. Our other office (the Southwest
Weld Office) is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office,
a planner is available Tuesday or Thursday from 8:00 a.m.-4:00 p.m., excluding 12:30-
1:30. You do not need to call to schedule an appointment, because individuals are seen
on a sign in basis. To better serve you, please bring this letter with you.
Mr.8 Mrs.Dawson
Page 2,VI-0300225
This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County
Centennial Center, 91510th 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 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,
êanySalzman d o m m g
Zoning Compliance Officer a Q 5 (h ≥ z o > ifi
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DEPARTMENT OF PLANNING SERVICES
' PHONE (970) 353-6100, EXT.3540
WI g FAX (970) 304-6498
Co WEBS155 N. 1 www.co.weld.co.us
1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
June 18, 2004
Jake Dawson
511 WS Hwy 85
Brighton, CO 80601
Dear Mr. Dawson:
The Department of Planning staff met on Friday, June 18th, to discuss your request for the renewal of COC-
99-0107. At this time, due to the violation on your property, specifically the area around the mobile home
in question, we are willing to give you 30 days to get this area around the mobile home cleaned up, and re-
evaluate your request after this time.
Within 30 days, should the area around the mobile not be cleaned up, we will schedule a hearing in front
of the Board of County Commissioners. Should the area be cleaned up, we will at this time re-consider your
request for an extension of a year.
Should you have any further questions, please contact myself or Bethany Salzman at the above address
or telephone number.
Sincerely,
Wendi Inloes
Planning Administrative Assistant
pc: Bethany Salzman, Zoning Compliance
' C DEPARTMENT OF PLANNING SERVICES Code Compliance Division
O Website: 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, Ext. 3555 -
Fax: (970) 304-6498
WELD COUNTY -
ZONING VIOLATION NOTICE
March 12, 2004
Mr. & Mrs. Jacob Dawson
511 US Highway 85
Brighton, CO 80601
Subject: VI-0300225, Part of the S2 of Section 31, -11 N, R66W of the 6th P.M., Weld County,
Colorado
Dear Mr. & Mrs. Dawson:
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.F "Mobile Homes subject to the additional requirements of Article IV,
Division 3 of this Chapter."
Section 23-3-30.1 "Noncommercial Junkyard."
To bring your property into compliance with the Weld County Code:
As we have previously discussed, the "Noncommercial Junkyard" consisting of derelict
vehicles, wood, metal/iron, trash and miscellaneous debris shall be restored, removed or
completely screened from all adjacent properties and public rights-of-ways.
The mobile homes shall be addressed as previously indicated. We briefly discussed the
utilization of cargo containers (typically used in ocean travel)as storage units. After reviewing
the Weld County Code, it was determined that you are allowed to utilize 1 (one)cargo container
as long as it is utilized strictly for the storage of "Agricultural Goods". A "Certificate of
Compliance"(COC) is required for any Agriculturally Exempt structure. Additional containers
would require a Zoning Permit and would only grant a "temporary" usage. For questions, I
would suggest that you speak to one of our"On-Call" Planners. We have to locations open to
the public. Our main office is located at 1555 N. 17th Avenue, Greeley, Colorado. Where,we
have an "on-call" planner, Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from
12:00 -4:00 p.m. Our other office (the Southwest Weld Office) is located at 4209 CR 24.5,
Longmont, Colorado. At our Southwest office,a planner is available Tuesday or Thursday from
8:00 a.m. - 4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an
appointment, because individuals are seen on a sign in basis. To better serve you, please
bring this letter with you.
Mr.8 Mrs.Dawson
Page 2,VI-0300225
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 60 (sixty) days from
March 12, 2004, 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,
, n_JotBethany Salzman J
Zoning Compliance Officer
pc: VI-0300225
Department of Planning Services
Bruce Barker, County Attorney
I C DEPARTMENT OF PLANNING SERVICES Code Compliance Division
O Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
COLORADO 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970)353-6100, Ext. 3555
Fax: (970) 304-6498
WELD COUNTY
ZONING VIOLATION NOTICE
November 21, 2003
Mr. & Mrs. Jacob Dawson
511 US Highway 85
Brighton, CO 80601
•
Subject: VI-0300225, Part of the S2 of Section 31, T1 N, R66W of the 6th P.M., Weld County,
Colorado
Dear Mr. & Mrs. Dawson:
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.F "Mobile Homes subject to the additional requirements of Article IV,
Division 3 of this Chapter."
Section 23-3-30.1 "Noncommercial Junkyard."
To bring your property into compliance with the Weld County Code:
As we have previously discussed, the "Noncommercial Junkyard" consisting of derelict
vehicles, wood, metal/iron, trash and miscellaneous debris shall be restored, removed or
completely screened from all adjacent properties and public rights-of-ways.
The mobile homes shall be addressed accordingly,please see the attached map for reference:
Mobile Home#1 is permitted through COC-99-0107 as an "Accessory to the Farm".
Mobile Homes #2 and #3 shall be removed from the property or a demolition permit can be
obtained to completely demolish the mobile homes. Staff did determine that the materials can
be re-used, but they would need to be completely demolished prior to re-using any lumber or
materials.
Mobile Home#4 shall be permitted through the Certificate of Compliance"COC"(see enclosed
application)permitting process as an'Ag-Exempt structure. Furthermore,staff determined that
if the structure is ever expanded or destroyed,the use will go away and can never be replaced.
Mr.&Mrs.Dawson •
Page 2,VI-0300225
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 90 (ninty) days from
November 21, 2003, 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,
ethany Salz an e a y
Zoning Compliance fficer
pc: VI-0300225
Department of Planning Services
Bruce Barker, County Attorney
//
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Mobile Home #1
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Mobile Home #2 -- O � i°°°
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Mobile Home #4
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Unit BRIGHTON
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Weld County Department of Planning Services
WIIDe Inspection Report
1555 N. 17th Avenue
COLORADO Greeley, CO 80631
Date of Inspection: kV. VA-ca
Permit/Case No.: vS—O-JU)Z.6
Property Owner Name: Cc\ Z ac ck)e
Address:'\ u5
Upon a visual inspection of the property listed above,the following items were
noted:
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Inspection by: Contact Name: ,.� 3\-11-
Contact Phone Number: 970-353-6100, Ext. 3'5+4 .
Copy of this inspection was: 'Left on site 0 Mailed on:
Pictures on file: XYes 0 No
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Dawson, Jacob &Betty
VI-0300225, 11/14/03
Page 3 of 3
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VI.0300225, 11/14/03
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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
C. Phone: (970)353-6100, Ext. 3555
Fax: (970)304-6498
COLORADO
September 25, 2003
Mr. & Mrs. Jacob Dawson
511 US Highway 85
Brighton, CO 80601
Subject: VI-0300225, Part of the S2 of Section 31, T1 N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Dawson:
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,wood,trash and
miscellaneous debris. Additionally, it was noted during a visual inspection, there are derelict mobile homes
towards the West end of the property. All non-permitted mobile homes shall be removed from the property.
Please be advised that this property has also been referred to the Department of Public Health and
Environment due to the nuisance conditions and trash collection.
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,?)-44"5"61
Bethany Salzman
Zoning Compliance Officer
pc: VI-0300225
Wendi Inloes, Planning Technician
Cindi Etcheverry, Department of Public Health and Environment
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R6288286 Parcel#: 147131000034
Tax Area: 2522 � �(�7�� Bordering County:
Acres: 24I.-- 'I)WI!a
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
01 - 66 -31 -0 - -
Owners Name&Address: Property Address:
DAWSON JACOB J&BETTY L Street:
511 U S HWY 85 City:
BRIGHTON, CO 80601
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
$0
Legal Description
16016D PT S2 31 1 66 BEG SW COR E2017.96' N23D08'E 177.95'THENCE ON CURVE TO RIGHT RADIUS 5805'CHORD BEARS
N14D36'E 393.35' N16D36'E 1164.88'TO TRUE PT OF BEG N16D36'E 891.92' N11D55'E 122.74' S89D59'W 786.27' $60D42'W
505.58'S38D25'W 219.61' 5
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Agricultural 4147 Acres 9.76
Agricultural 4147 Acres 8.55
Agricultural 4147 Acres 5.69
Land Subtotal: 24 $329 $100
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
2 Out Building
Improvements Subtotal: $119,654 $9,590
Total Property Value $119,983 $9,690
Building Details
Account#: R6288286 Parcel#: 147131000034
Owners Name&Address: Property Address:
DAWSON JACOB 3 & BETTY L Street:
511 U S HWY 85 City:
BRIGHTON, CO 80601
Building# Property Type
1 Residential
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14713... 08/13/2003
Identify Results Page 2 of 2
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 1910
Exterior: Frame Hardboard HVAC: Hot Water Baseboard
Interior Finish: Drywall Built As SQ Ft: 960
#of Baths: 1 Roof Type:
# of Bdrms: Roof Cover: Composition Shingle
# of Stories: 1
Rooms: Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: 960 Finished SQ Ft: 288
Account#: R6288286 Parcel#: 147131000034
Owners Name &Address: Property Address:
DAWSON JACOB J & BETTY L Street:
511 U S HWY 85 City:
BRIGHTON, CO 80601
Building# Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 0
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps.memck.eom/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14713... 08/13/2003
DEPARTMENT OF PLANNING SERVICES
C
Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
COLORADO • Fax: (970) 304-6498
•ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
1 ZONING CODE COMPLAINT IDf Staff/Name: tOtridl O Citizen C Other.
HEALTH DEPARTMENT Citizen's Name(If known):
WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
BUILDING CODE COMPLAINT
PUBLIC WORKS /PEST& WEEDS Date Complaint was received: Q p"$•Q3
ending Case# (i.e. USR, RE,SE,ect...):
.egal Description: ) mkt-Anti) Parcel#: `A1 `O'CO..01.1
'iolation Address: t ,�\--]t 4 rm (�
'.-operty Owners Name: ^� aloo1,S(Y
f Eb ratio A c,�, Phone:
'roperty Owners Address: �l ] r Chi CC
-enant's Name: Phone:
'enant's Address: YY ,,� ^. _
:ATURE OF COMPLAINT: S� — J 9T: 1 ( } Me HtC km, S:Cl1a O h& iS
Tomplaint Referred To: Date:
:omplaint Referred To: Date: •
•
.dditional Notes:
(it cw3/44%,),
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
119
FAX (970)304-6498
1555 N. 17TH AVENUE
C. GREELEY, COLORADO 80631
__
COLORADO
June 2, 2003 vet ) -
06 1
-7-j‘V IV 1 '
Jake Dawson I ���
511 WS Hwy 85 /
Brighton, CO 80601
C-99-0107 - Annual Review of a Mobile Home used for Temporary Accessory to the Farm
use, located on a parcel of land described as NE4 SW4 of Section 31,T1 N, R66W of the 6th P.M.,
Weld County, Colorado.
Dear Mr. Dawson:
We are currently updating our Temporary Accessory to the Farm permit records. These permits are temporary.
Such permits are subject to review annually on the anniversary of the original permit's issuance. Our review of
COC-99-0107 issued to the above property needs to be updated. If the mobile home is currently located on the
property, staff is requesting written evidence within 30 days of this letter, that the use still exists. Evidence shall
be submitted by the applicant or property owner and accepted by the Department of Planning Services verifying
that the mobile home occupant is principally employed at or engaged in the farming operation on the subject
property. The evidence shall consist of tax records (W-2 forms), employment agreements or other documentation
as determined suitable by the Department of Planning Services. Failure to submit the required documentation may
result in cessation of the allowance of the mobile home for temporary accessory farm use. If the use of the mobile
home has changed or been removed, please contact our office at the above address and phone number.
We are requesting your cooperation in this matter by providing this office with the above mentioned information as
soon as possible.
11
Sincerely,
421.
Wenni g Technician
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