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
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pc: VI-0400260 � 8 ¢
Department of Planning Services • I m E d L2 N
Bruce Barker, County Attorney E' E m x m ° m
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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.
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.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 $15,000 SWD 3157360
Legal Description
PT E2SE4 31-7-64 LOT A REC EXEMPT RE-3591 (.24R) WELD 00000
No Buildings on Parcel
http://map s.merrick.com/W eb site/W eld/setSgl.asp?cmd=QUERY&DET=PP&p in=07113... 09/13/2004
I
Permit N: JVI.Od00260 Location IWest tide of CR 51 about 112 N of CR 7d
Status:=ICOMPLNT APPLICANTc HILL SHERYL
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14115•444:11.91""141g1: 1;"" 1":";;;
'',y z",$ ` , 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")
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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
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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
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