HomeMy WebLinkAbout20051711.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST BENIGNO AND JOSEFINA VASQUEZ 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, Benigno and Josefina Vasquez,VI#0500110, 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 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,Benigno and Josefina Vasquez,property owners,were 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 owners 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 #0500110 be, and hereby is, referred to the Weld County Attomey's
Office for legal action against Benigno and Josefina Vasquez 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 owners to bring the subject property into compliance.
2005-1711
AP/k_ PL0824
m ' PL . DPI�O'7-f�S
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VIOTIONS -VI #0500110 - BENIGNO AND JOSEFINA VASQUEZ
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
IE T " WELD COUNTY, COLORADO 144iai I °�� ° � William H.f rke, Chair
y� Clerk to the Board
it
®•... / �/ • M J.ile =ro-Tem
eputy Clerk to the Board •_
D id E. Lon / f
V AS TO
Rob D. Masden
n A ney
GI n aad
Date of signature: 4 ----2,-
2005-1711
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Benigno&Josefina Vasquez
Violation: VI-0500110
Address: 912 Village Drive, Fort Lupton, CO 80621
Situs Address: 15384 Good Ave, Fort Lupton, CO 80621
Legal: Lot 2, Block 65,Aristocrat Ranchettes, 2nd Filing, Weld County, Colorado
Location: South of and adjacent to CR 18 and East of and adjacent to CR 31
North: Agriculture with residences
South: Industrial plant/Agriculture
East: Agriculture
West: Agriculture with minimal residences
Parcel Number: 1309-27-3-18-007 Acreage: .99 +/_
Certified mail date: May 27, 2005 Received: May 31, 2005
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30,
23-3-30.F and 23-3-30.1 and Chapter 29,Article VII(7)of Section 29-7-10 of the Weld County Code.
REMEDY
To bring the property into compliance, the"Noncommercial Junkyard"shall be removed, restored or
completely screened from all adjacent properties and public rights-of-ways. Additionally, the mobile home
shall be removed or appropriately permitted.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office for immediate legal action.
CASE HISTORY
March 28, 2005 Initial complaint received.
March 28, 2005 Initial inspection completed.
March 28, 2005 Five day compliance encouragement letter issued.
April 1, 2005 Received telephone call from Theresa Trujillo (daughter).
April 1, 2005 Violation letter issued.
May 3, 2005 Property inspected. Property remains in violation.
May 23, 2005 Property inspected. Property remains in violation.
May 27, 2005 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2005-1711
a DEPARTMENT OF PLANNING SERVICES
7 & Compliance Division
NORTH OFFICE
918 10T" Street
I GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman(ahco.weld.co.us
Q PHONE: (970) 353-6100, Ext. 3555
• FAX: (970) 304-6498
COLORADO
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
May 27, 2005
Mr. & Mrs. Benigno Vasquez
912 Village Dr
Fort Lupton, CO 80621
Subject: VI-0500110, lot 2, Block 65, 2"' Filing Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. & Mrs. Vasquez:
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 I "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."
Chapter 29, Article VII(7) "Mobile, Manufactured or Factory-Built Home Permits."
Section 29-7-10 "Permit required."
To bring the property into compliance:
The "Noncommercial Junkyard" consisting of tires and miscellaneous debris shall be
removed from the property. Additionally, I have been unable to locate any permits for the
mobile home still located on the property. For questions, I would suggest that you speak
to one of our "On-Call" Planners. We have 2 locations open to the public. Our main
office is located at 918 10`h 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.
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.
Mr.&Mrs.Vasquez
Page 2,VI-0500110
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,
Bethany Salzman 0
Zoning Compliance Officer = IQ 9 '7
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Department of Planning Services D d D D 1 s
Bruce Barker, County Attorney ci I 'a
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441° \ Weld County Department of
Planning Services
WiiDc Inspection Report
COLORADO 918 10"' St
Greeley, CO 80631
"".7.:6-
Date of Inspection: . C
Permit/Case No.: I. (:) .-1..)\1 0
Property Owner Name: \( C?€F"A O ; L -, `{O.
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Address: \ \ El 's (.
Upon a(visual)(on-site)inspection of the property listed above,the following items
were noted: ss.Inspection by: Contact Name: \ .S
Contact Phone Number: 970-353-6100,Ext.3555
Copy of this inspection was: CIMMENIMINGZEMMIESSIS
Pictures taken during inspection: 0 Yes IPCNo
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Weld County Department of
Planning Services
WII�c. Inspection Report
COLORADO 918 10t° St
Greeley, CO 80631
Date of Inspection: 5"�.
Permit/CaseNo.: Vh' Or- ` -p,�tJ
i 7 v
Property Owner Name: ) � p yrc1 -
Address: \ � H C—!( ri ,yC
Upon a(visual)(on-site) inspection of the property listed above,the following items
were noted:
3(‘ r21 ! c;o1-C LI Or VL ACI
Inspection by: C Contact Name: .-) Lf .
Contact Phone Number: 970-353-6100,Ext. 3555
_ i
Copy of this inspection was: ati€iii€4M+Nirm
Pictures taken during inspection: 0 Yes eiNo
44‘41.
DEPARTMENT OF PLANNING SERVICES
_' Compliance Division
NORTH OFFICE
T 918 10TH Street
I'DWebsite:CGREELEY, CO 80631 s: WWW CO WELD CO.US
O E-mail Address: bsalzman(a�co.weld.co.us
PHONE: (970) 353-610O, Ext. 3555
COLORADO FAX: (970) 304-6498
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-4210, Ext. 8730
FAX: (720) 652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
April 1, 2005
Mr. & Mrs. Benigno Vasquez
912 Village Dr
Fort Lupton, CO 80621
Subject: VI-0500110, lot 2, Block 65,2nd Filing Aristocrat Ranchettes,Weld County,Colorado
Dear Mr. & Mrs. Vasquez:
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."
Chapter 29, Article VII(7) "Mobile, Manufactured or Factory-Built Home Permits."
Section 29-7-10 "Permit required."
To bring your property into compliance with the Weld County Code:
You indicated there to be no "Noncommercial Junkyard". I will be out to conduct a site
inspection from the road right-of-way sometime next week, if so, this aspect will be close.
However, that still leaves us with the mobile home. As I indicated during our phone
conversation, even the temporary storage of a mobile home requires permits. For your
convenience, I have included the necessary applications; you will need to choose how to fill it
out based upon your intent. For questions, I would suggest that you speak to one of our"On-
Call" Planners. We have 2 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.&Mrs.Vasquez
Page 2,VI-0500110
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
April 1, 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 Cou ntyAttorney'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, ,0,
Bethany a n
Zoning Compliant Officer
pc: VI-0500110
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
a North Office
;A,
Code Compliance Division
918 Street, Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
I Phone: (970) 353-6100, Ext. 3555
Fax: (970) 304-6498
O Southwest Office
• 4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
March 28, 2005
Mr. & Mrs. Benigno Vasquez
912 Village Dr
Fort Lupton, CO 80621
Subject: VI-0500110, lot 2, Block 65, 2nd Filing Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. &Mrs. Vasquez:
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. Additionally,
according to my records a mobile home is located on the property without the proper permits.
Please contact me within five working days of the date of this letter to review these concerns with me. 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,b:gneBethany Salz n
Zoning Compliance Officer
pc: VI-0500110
Department of Planning Services
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Identify Results Page 1 of 1
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WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#; R5245586 Parcel#: 130927318007
A Nl1ibY2b0: yQWl.a?t4('n"SEIL'[OiQi(I..SN:.C�`�i'YWi>ilt!Dc' Wd-+tYM.,Lt•.:aSi11TSL'V!SJNfxtl:0f.
Tax Area: 2241 Bordering County;
Acres: 0.99
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
02 - 66- 27 - 3 ARISTOCRAT RANCHETTES 2ND FG - 65 - 2
Owners Name&Address: Property Address:
VASQUEZ BENIGNO &JOSEFINA Street:
912 VILLAGE DR City:
FORT LUPTON, CO 80621
Business/Complex:
Sales Summary
,S Id a bate Sale Price Deed Type Reception #
11/21/1997 $30,000 WD 2580813
Legal Description
2AR65-2 L2 BLK65 2ND ARISTOCRAT RANCHETTES 1
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Unplatted 0510 Acres 0.99
Land Subtotal: 0.99 $37,125 ;10,770
No Buildings on Parcel
http://maps.merrick.com/Website/We1d/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 03/28/2005
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Ol 'ig Weld County Department of
Planning Services
Wine. Inspection Report
COLORADO 91810`° St
3 y Greeley, CO 80631
2 Date of Inspection: "7 —(2)_1
Permit/Case No.: V) —r) i r n
Property Owner Name: Y a� _e I F xr1 ifi:A—
Address: 6 ( (1/2<_..,
Upon a(visual)(on-site)inspection of the property listed above, the following items
were noted:
r{ PAc YNCr(NN_Q_. c ut, NO ccyt
‘ ip ‘I-,( 1klitfri_
t_xiii 0 \[Q.hocItc0
Inspection by:--� Contact Namell.)7SYT\
Contact Phone Number: 970-353-6100,Ext.3555
Copy of this inspection was:
Pictures taken during inspection: D Yes IilfiCNo
g/3
2580813 B-1635 P-1917 11/24/1997 03:51P PG 1 OF 1 REC DOC
Weld County CO JA Suki Tsukatoto Clerk & Recorder 6.00 3.00
WARRANTY DEED
THIS DEED, Made this 21st day of November, 1997 between
Virginia Katherine Smith
of the County of Weld and
State of Colorado, grantor, and
Benigno Vasquez and Josefina Vasquez
whose legal address is 912 Village Drive, Ft. Lupton, CO 80621
of the County of Weld and State of Colorado, grantees:
WITNESS that the grantor for and in consideration of the sum of THIRTY THOUSAND AND
00/100, ($30,000.00) 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 ipe property, together
assigns
sg
forever, not in with improvements,tenancyreal if any, common but JOINT
situate, lying and being n� all the County of Weld and Stateof Colorado, described as follows:
Lots 2 and 3, in Block 65, Aristocrat Ranchettes, Second Filing, a subdivision of
County of Weld, State of Colorado.
bD also known by street and number as TBD, Ft. Lupton, Colorado 80621
�' TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues end 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 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, 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 aforesaid, and that the same are
free and clear from all former and other grants, bargains, sales, liens, taxes,
ts, encumbrances and restrictions of whatever kind or natures anexen,- except
general taxes for 1997 and subsequent years; except easements, restrictions,
covenants, conditions, reservations 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, and the use
of any gender shall he applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the data set forth above.
•
Virgisti Katherine Smith
STATE OF COLORADO }
es. The foregoing instrument was acknowledged before
County of Weld } me this 21st day of November, 1997
by Virginia Katherine Smith
Witness my hand and official seal.
my commission expires lV-IT-ge'
s o\pHY..?09 y -ml./ C au_v.->
' �• •`..C NOTARY PUBLIC
i
` 1113 Tenth Avenue
No. 921A. Rev. 3- 5 i� MELIN0A °• �/ Greeley, COLORADO 80631
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