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HomeMy WebLinkAbout20050125.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ROGER AND SHERYL HILL 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, Roger and Sheryl Hill, VI #0400260, 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 11th day of January, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Roger and Sheryl Hill, 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 May 11, 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 #0400260 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Roger and Sheryl Hill 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 11, 2005, to allow adequate time for the property owners to bring the subject property into compliance. 2005-0125 16�� PL0824 VIOLATIONS -VI #0400260 - ROGER AND SHERYL HILL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of January, A.D., 2005. BOARD OF COUNTY COMMISSIONERS Eta 471 WELD COUNTY, COLORADO Uq 1861 ( s° ?� � William H. J e, Chair %;;;;;s• ou; erk to the Board 91/®�� �/4. M. J. Geile, Pro-Tem • Deputy Clerk o the Board EXCUSED Da • E. Long APP E AST \ �_ y Robert Masden unt Atto ve Glenn Vaa Date of signature: 074AS 2005-0125 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Sheryl & Roger Hill Violation: VI-0400260 Address: 1125 2nd St Rd, Eaton, CO 80615 Legal: Lot A of RE-3591 also known as part of the E2SE4 of Section 31, T7N, R64W of the 6th, P.M., Weld County, Colorado Location: West of and adjacent to CR 51 and approximately 1/2 Mile North of CR 74 North: Primarily Agricultural Uses South: Galeton East: Primarily Agricultural Uses West: Primarily Agricultural Uses Parcel Number: 0711-31-4-00-071 Acreage: 1.19 +/-Acres Certified mail date: December 14, 2004 Received: December 20, 2004 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-30.1, 23-3-40 and 23-3-40.R of the Weld County Code. REMEDY To bring the property into compliance, the tires (associated with the business) and all commercial vehicles (including, but not limited to semi trailers and tankers) shall be removed or a Use by Special Review application shall be completed and submitted to the Department of Planning Services. Additionally, any remaining (non-commercial) debris shall be screened from all adjacent properties and public rights-of- ways. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office, but to delay legal action for 30 days. CASE HISTORY August 20, 2004 Initial complaint received. August 20, 2004 Initial inspection completed. September 13, 2004 Property inspected. Property remains in violation. September 14, 2004 Five day compliance encouragement letter issued. September 20, 2004 Violation letter issued. December 14, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2005-0125 a ;Nit; DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US W.CO.W ELD.CO.US E-mail Address: bsalzman@co.weld.co.us C ' 918 10th Street, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3555 O Fax (970) 304-6498 COLORADO December 14, 2004 Mr. & Mrs. Roger Hill 1125 2 St Rd Eaton, CO 80615 Subject: VI-0400260, Lot A of RE-3591 also known as part of the E2SE4 of Section 31,T7N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Hill: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 11, 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 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." Section 23-3-40 "Uses by special review." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use, or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring the property into compliance: As we have previously discussed, the tires (associated with the business) and commercial vehicles, including,but not limited to any semi trailers and tankers shall be removed or a Use by Special Review application shall be completed and submitted to the Department of Planning Services. 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. 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. Mr.&Mrs.Hill Page 2,VI-0400260 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, I pp g G O N o . Y Bethany Salzma ❑ Cl ❑ g p 0 Zoning Compliance Officer 8 6 - n pc: VI-0400260 � 8 ¢ Department of Planning Services • I m E d L2 N Bruce Barker, County Attorney E' E m x m ° m E C w ¢ O Q. 2 19z ❑DD . z m C :g - 2P $ m U.S. Postal Service.., m m N CERTIFIED MAILTM RECEIPT m w m ru ¢ o & ot Pi (Domestic Mail Only;No Insurance Coverage Provided) rn ¢ �0 r- to iD ¢ o ¢ F• .•slivery inf rmati•nvistt•urwe•siteat www.us•s.c•m„ u d X to d n era E L) ,-4S Postage $ ei 2 O rr7 pCertllbd Fee 0 0 o o Postmark E V m .� i. 0 o Return Redept Fee (Endorsement Required) Flare $'y a 0 O m Or o Restricted Delivery Fee to a C "^ y rR (Endorsement Required) M.a d 2 u C H 20 Total Postage&Fees $ p t M ''J mm - m $ a .� o send To of O2 E£ co fI q �O a • o MR. & MRS. ROGER HILL -m m m- 0 g o0.' to or POaox Na c c m �• H m r` 8rmet APt.Na; m t m i-E. a Z 1125 2ND ST RD m m c `c `m' 2 m • rn o a E Cry,Stare,ZIP+4 'm Q m t)— a q V E Q EATON, CO 80615 m- .22 a IX z c� PS Form 3800,June 2002 See Reverse for Instructions a V T A L " m m E greatLctc W 2 • • • .: t -. w ci a eieNiiNc a DEPARTMENT OF PLANNING SERVICES (it Code Compliance Division ' Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 918 10th Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3555 • Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE September 20, 2004 Mr. & Mrs. Roger Hill 1125 2 StRd Eaton, CO 80615 Subject: VI-0400260, Lot A of RE-3591 also known as part of the E2SE4 of Section 31, T7N, R64W of the eh P.M., Weld County, Colorado Dear Mr. & Mrs. Hill: 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." Section 23-3-40 "Uses by special review." Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use,or a Use by Special Review in the Commercial or Industrial Zone Districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." To bring your property into compliance with the Weld County Code: As we discussed earlier this morning, the tires (associated with the business) and commercial • vehicles, including, but not limited to any semi trailers and tankers shall be removed or a Use by Special Review application shall be completed and submitted to the Department of Planning Services. 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. Regarding the"Noncommercial Junkyard" it is my understanding that you are in the process of fencing that whole lot. Fencing is an approved use for a"Noncommercial Junkyard"consisting of derelict vehicles. (For additional clarification, please see the following definitions) Mr.&Mrs.Hill Page 2,VI-0400260 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. 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 September 20, 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, Bethany Salzman Zoning Compliance Officer pc: VI-0400260 Department of Planning Services Bruce Barker, County Attorney � n ‘411:1TINA Weld County Department of Planning Services Wipe Inspection Report COLORADO 1555 N. 17"' Avenue q Greeley, CO 80631 Date of Inspection: -b4 Permit/Case No.: \its O4WZ.tDC Property Owner� Name: -SC\U 1 UU t,..4` ���LJ \ Address: On 5\ 'Ic tmbite.. NGt3C.E. �� .s Upon a(visual)(on-site) inspection of the property listed above,the following items • were noted: vehcAeb f-126 - cin (k Lam) °dew xn, cu. 1.OS a cct Inspection by: --e s0- a Contact Name: kiNcthsvcr, Contact Phone Number: 970-353-6100, Ext. 3555 Copy of this inspection was: Pictures taken during insnertinn• WVes ❑ Nn • a DEPARTMENT OF PLANNING SERVICES 1471: jari Code Compliance Division Website: WWW.CO.WELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us 918 10th Street, Greeley, CO 80631 C. Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 COLORADO September 14, 2004 Mr. & Mrs. Roger Hill 1125 2 StRd Eaton, CO 80615 Subject: VI-0400260, Lot A of RE-3591 also known as part of the E2SE4 of Section 31,T7N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Hill: 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 commercial debris associated with the Galeton Garage. The items shall be removed from the property. 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, Bethany Salzman Zoning Compliance Officer pc: VI-0400260 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY 2® .- O • �W \ Weld County Department of PlaVLIDc Inspection Services Ins ection Report COLORADO 1555 N. 17`h Avenue Greeley, CO 80631 p ate of Inspection: O-Z0'-A ertnit/Case No.: \( i r�,ytr71.CO roperty Owner Name: \ .ddress: �, I'Z (Ylt k—OOP— 4) 1pon a(visual)(on-site) inspection of the property listed above, the following items 'ere noted: YCJY 1 Al\o — OvrCtIC Veiricless L ckuul a vrr - 1) c -tt. (Qbk(), L`weaU pt kit . cisi.kedn L V rrc vn c al( L nspection by: _ Contact Name: c\f'r\ ;ontact Phone Number: 970-353-6100,Ext. 3555 'opy of this inspection was: 'ictures taken during inspection: Ayes ❑No Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2661804 Parcel#:071131400071 Tax Area:0220 Bordering County: Acres: Township Range Section Quart.Sec. Subdivison Name Block# Lot# 07 - 64-31 - 4 - - Owners Name&Address: Property Address: HILL SHERYL KAY& Street: WELD 1125 2 STRD City: WELD EATON, CO 80615 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 2/25/2004 $15,000 SWD 3157360 Legal Description PT E2SE4 31-7-64 LOT A REC EXEMPT RE-3591 (.24R) WELD 00000 No Buildings on Parcel http://map s.merrick.com/W eb site/W eld/setSgl.asp?cmd=QUERY&DET=PP&p in=07113... 09/13/2004 I Permit N: JVI.Od00260 Location IWest tide of CR 51 about 112 N of CR 7d Status:=ICOMPLNT APPLICANTc HILL SHERYL Qn C � kIi4LQcSUIzt I �n: 3®• }},;}�,-,�� {{�,�. {yam _ ''''''"'"'".-'1174--- . �. b i'°In4nrm'tl i :. x-+y r.� ^a,yY� , '�"`'` 'y "t`rw m"'°`°� sue"'°:ae _ s- 1,, l� " 1�l�datE� �+► 7 BtC N i 1a T ,' Statter ICOMPLNT 41MtenHg IHJS Sec1Twn/Rng 1310764 14115•444:11.91""141g1: 1;"" 1":";;; '',y z",$ ` , 7,9R!,.:0-41,141t. 0eserij is INCJY S Commercial st«age -.'`C , :tray"" ' rs�. "`'` ... _. Lccatiarr IVlest rid_a of CR 51 bout 112 N d_CR 7d ,.:*4-..-44.-!-.42,-t.-4-..-.,,-,---,4.! Ztsmg0� RI 1 pe tin iArea�Vd Perms Nun " r AppT �lvi zJ (BD/.BLONG\10 YI.ZONING V1O.WCVsMFELOVI0"bcv+vi") ' 1 . - Class Cady 2 . .. , F '' t ,+, 'S,' • 2 k NON, faMER -d1#N t- - , .E can �120/2ood in IBJS NO VI: l_1_1_ (nit :1 5 Day Lette,:109/1372004 Ina: I&1S Issued Ll 1: 1nit.1 inspection 109/13/2004 ` Init: EBJS Y -HCCVI, 1 1--j —_ (nit: CotYt Ll—l— IS: I . . . Id I Dosed VI- LJ_/ l 1 • • DEPARTMENT OF PLANNING SERVICES inigCode Compliance Division C 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: K ZONING CODE COMPLAINT ❑ Staff/Name: 1. Citizen 0 Other: o HEALTH DEPARTMENT Citizen's Name(If known): Q'vtc.. ({rA ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known) o BUILDING CODE COMPLAINT o PUBLIC WORKS/PEST& WEEDS Date Complaint was received: p p'7[)—Ol.` Pending Case#(i.e. USR, RE, SE, ect...): Legal Description: W} A oY RE- 35:\ti,EIl4 Ss•\. Parcel #: 01\'•3M•L\4)O•en\ Violation Address: �" Property Owners Name: `•-u I '(1€Xt$ t.. �Mgr 1A^ � Phone: Property Owners Address: ' \25 3t a i LU , cairn 1 t � c&≥Coe Tenant's Name: Phone: Tenant's Address: n '' ® ,^ NATURE OF COMPLAINT: Ca QXU I(J 'Jthttin 1 ` r-kr T I � cA0 awn" 4A136 z ar o a -into r• Complaint Referred To: Date: Complaint Referred To: Date: • Additional Notes: • 360 11111 11111 111111 MI MI!111111 III IIIII IIII IIII 3157360 02/2712004 11:19A Weld County, CO 1 of 2 R 11.00 D 1.50 Steve Moreno Clerk& Recorder WHEN RECORDED RETURN TO: Name: Sheryl Kay Hill . > Address: 1125 2nd Street Rd. Eaton, CO 80615 SPECIAL WARRANTY DEED THIS DEED,made this 25th day of February,2004,between Robert D. Pfenning and Esther M. Pfenning whose legal address is 24825 First St., GaletonCO80622, grantor, and Sheryl Kay Hill and Roger Lee Hill ,joint tenants whose legal address is 1125 2nd Street Rd.,EatonCO80615, grantee: WITNESS, that the grantor, for and in consideration of the sum of$15,000.00, 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 grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of WeldWeld and State of described as follows: Lot A Recorded Exemption No. 0711-31-4-RE 3591, recorded September 10, 2003 at Reception No. 3105033,being part of the Southeast Quarter of Section 31,Township 7 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto 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 grantee, his heirs and assigns forever. The grantor, for himself,his heirs, and personal representatives or successors, do covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peacable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor. The singular number shall File Number: 200431 S0s1 Q trr:�"•`" Stewart Talc of Latimer County,Inc -. . $ 1• O Special Warranty Deed(Individual) fir, =•• Page PaBe 1 of 2 a. 318t 1 III 1111111111111111IIII! 11111 hill III 11111 IIII IIII 3157360 02127/2004 11:19A Weld County, CO 2 of 2 R 11.00 D 1.60 Steve Moreno Clerk& Recorder include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.Ot '�M �Of Esther M. Pfenning Robert D. Pfennin f STATE OF Colorado COUNTY OF Weld The foregoing instrument was acknowledged before me this 25th day of February, 2004, by Robert D. Pfenning and Esther M. Pfenning My commission expires December 19, 2006. Witness my hand and official seal. &t iel4thtL 6'CpG %%Notary Publiehbiel tyOTAlfr\C \ i ---e_ COL. P File Number: 20043180sk Stewart Title of I_a,imer County,Inc. Special Warranty Deed(Individual) Page 2 oft / VI-0400260 Hill, Sheryl & Roger ur4LI] I \ /r\NH C 743F!11id Fn-—IT MiL t T i • JAN 10 200 _ -sue, -� = : _ ,,• r n xai • ' ' Hello