HomeMy WebLinkAbout20051957.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST WILLIAM MITCHELL 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, William Mitchell, VI #0500114, 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 12th day of July, 2005, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, William Mitchell, 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 12, 2005, to allow adequate time for the property owner to restore,
remove, or screen the noncommercial junkyard from all adjacent properties and public
rights-of-way 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 #0500114 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against William Mitchell 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 12, 2005, to allow adequate time for the property owner to
restore, remove, or screen the noncommercial junkyard from all adjacent properties and public
rights-of-way to bring the subject property into compliance.
2005-1957
PL0824
fir : PL , w o O 7-al.)-o r
VIOLATIONS -VI #0500114 -WILLIAM MITCHELL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of July, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: Mid
� EXCUSED
`•► j . ♦ William H. J ke, Chair
Weld County Clerk to t .o. . - '� �
/176 4is,/
1861 . ( ► .�
M. J. eile, Pro-Tem
BY:
Deputy Clerk to th� .� 4,1 EXCUSED
((f/N 1 D E Lon
APP AS TO FOR •
Robe D. Masd
minty ttorney
I n Vaad
�Date of signature: �
2005-1957
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: William Mitchell
Violation: VI-0500114
Address: 15462 Morris Ave, Fort Lupton, CO 80621
Legal: Lot 3, Block 9, Aristocrat Ranchettes, 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: 1309-27-2-08-004 Acreage: .99 +/-Acres
Certified mail date: May 12, 2005 Received: May 19, 2005
Currently the property is in violation of Chapter 23, Article 111(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 the"Noncommercial Junkyard" shall be restored, removed or
completely 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 for immediate legal action due to the re-occurring violation of this type (see VI-1449 and VI-2060)
CASE HISTORY
March 28, 2005 Violation initiated due to drive-by.
March 28, 2005 Initial inspection completed.
March 29, 2005 Five day compliance encouragement letter issued.
April 7, 2005 Violation letter issued.
April 8, 2005 Mr. Mitchell e-mailed time line and intent to correct violation.
May 3, 2005 Property inspected. Property remains in violation.
May 12, 2005 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2005-1957
•
DEPARTMENT OF PLANNING SERVICES
Compliance Division
NORTH OFFICE
918 10TH Street
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
C E-mail Address: bsalzmareco.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 12, 2005
Mr. William Mitchell
15462 Morris Ave
Fort Lupton, CO 80621
Subject: VI-0500114, Lot 3, Block 9, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. Mitchell:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on July 12, 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 I/I, 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:
As I indicated in my last letter,the"Noncommercial Junkyard"consisting of derelict vehicles
shall be restored, removed or completely screened from all adjacent properties and public
rights-of-ways. My records indicate that similar violations(VI-1449&VI-2060)have occurred
on this same site.
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.
SEN'E': CrM•LETS THIS SECTIrN CrM•LETE THIS SECTUN rN rEUVE'Y
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. (' ' '� Agent
• Print your name and address on the reverse X I 'l �„jf.� �•. Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Da of reliv ry
• Attach this card to the back of the mailpiece, ..�
or on the front if space permits. • Q-3
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
MR. WILLIAM MITCHELL
15462 MORRIS AVE
ARISTOCRAT RANCHETTES
FORT LUPTON, CO 80621
3. Service Type
$HCerdfled Mail 0 Express Mail
❑ Registered 0 Return Receipt for Merchandise
❑ Insured Mall 0 C.O.D.
'Ick.eF3 4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7003 1010 0002 8989 4567
(Transfer from service lab(
PS Form 3811,February 2004 Domestic Return Receipt to25e5-o2-M-tsao
Mr.Mitchell
Page 2,VI-0500114
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.
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 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 Salzn nn
Zoning Compliance Officer
pc: Vl-0500114
Department of Planning Services
Bruce Barker, County Attorney
U.S. Postal Servicerr.,
CERTIFIED MAIL. RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
Y
For delivery information visit our website at www.usps.com,
rr
Postage $
nJ
p Gentled Fee
o . - Postrnark
Return Redept Fee Here
(Endorsement Required)
Restricted Delivery Fee
1-1 (Endorsement Required)
0
Total Postage&Fees $
m
o I Sent To
o I. MR. WILLIAM MITCHELL
~ Street.Apt No.;
or POSor No. 15462 MORRIS AVE
I.City,State.ZIP+4
FORT LUPTON CO 80621
PS Form3900,June.2002 HSee+teversetordnstructions:
a
p 1A Weld County Department of
Planning Services
Wi`PC Inspection Report
v 918 10th St
COLORADO Greeley, CO 80631
Date of Inspection:
Permit/Case No.: Vt. Lailr '
Property Owner Name: 1 r
Irr1r -� ran �. �lf
Address:
Upon a(visual)(on-site)inspection of the property listed above,the following items
were noted:
1
Inspection by: --� Contact Name: ' \
Contact Phone Number:970-353-6100,Ext. 3555
Copy of this inspection was: _
Pictures taken during inspection: 0 Yes fNo
Bethany Salzman
From: William Mitchell [bills4m@totalspeed.net]
Sent: Friday, April 08, 2005 2:21 PM
To: Bethany Salzman
Subject: VI-0500114
Hello, I believe that the vehicles in question are the two with broken windows. After they were vandalized, we taped on
plastic to cover the holes. With wind and roaming animals the plastic tears and comes loose. We have bought tarps and
covered the holes with them. They are nice and secure and look a lot better. We have the cars for sale, we are only
available on the weekends to show them, (my wife had a stroke and is not able to deal with lookers). I am taking a few
days off next week, 4-11 to 4-14, and during this time I will move the cars from the edge of the road. Please contact me at
this e-mail if there are any questions. Thanks W. Mitchell
Sent via the WebMail system at totalspeed.net
DEPARTMENT OF PLANNING SERVICES
�, Compliance Division
NORTH OFFICE
918 10T" Street
t•-ists:.
GREELEY, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman(o�co.weld.co.us
PHONE: (970) 353-610O, Ext. 3555
• FAX: (97O) 304-6498
COLORADO
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720) 652-421O, Ext. 8730
FAX: (720) 652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
April 7, 2005
Mr. William Mitchell
15462 Morris Ave
Fort Lupton, CO 80621
Subject: VI-0500114, Lot 3, Block 9, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. Mitchell:
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:
As I indicated in my last letter,the"Noncommercial Junkyard"consisting of derelict vehicles
shall be restored, removed or completely screened from all adjacent properties and public
rights-of-ways. My records indicate that similar violations(VI-1449&VI-2060)have occurred
on this same site.
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.
Mr.Mitchell
Page 2,VI-0500114
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 30 (thirty) days from
April 7, 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,
Bethany Salzma
Zoning Compliance Officer
pc: VI-0500114
Department of Planning Services
Bruce Barker, County Attorney
DEPARTMENT OF PLANNING SERVICES
6irN
North Office
Code Compliance Division
918 10th Street, Greeley, CO 80631
Website:e: WWW.CO.WELD.CO.UO.US
E-mail Address: bsalzman@co.weld.co.us
Phone: (970) 353-6100, Ext. 3555
Fax: (970) 304-6498 WI IleSouthwest Office
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
March 29, 2005
Mr. William Mitchell
15462 Morris Ave
Fort Lupton, CO 80621
Subject: VI-0500114, Lot 3, Block 9, Aristocrat Ranchettes, Weld County, Colorado
Dear Mr. Mitchell:
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. My records
indicate similar previous violations (VI-1449 & VI-2060) have occurred on this site.
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,
n
4frnatiPPirWer\Bethany Salzm
Zoning Compliance Officer
pc: Vl-0500114
Department of Planning Services
SERVICE.TEAMWORK,INTEGRITY,QUALITY
ite*°. Weld County Department of
Planning Services
IIIlk. Inspection Report
COLORADO 918 le St
Greeley, CO 80631
Date of Inspection: 3-L -(�
Permit/CaseNo.: VI —( DO I(5
Property Owner Name: N\ACk1.9 V i W\ 811'1
Address: A'j--�t0a r5 c't
Upon a(visual)(on-site) inspection of the property listed above, the following items
were noted:
Kkk_r e l.n O&c_l \c_k V Ohl(\,co
Inspection by: OJ Contact Name: t C ._Ial J(
Contact Phone Number: 970-353-6100,Ext. 3555
Copy of this inspection was:
Pictures taken during inspection: O Yes klo
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R5217186 Parcel#: 130927208004
•L464.14ea1W.W1,44,SIY�:"C:SPSRY..3:0 11.Y 6+aisFuW Y4sJWZE:C.
Tax Area: 2241 Bordering County: ' r
Acres: 0.99 V
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
02 - 66 - 27 - 2 ARISTOCRAT RANCHETTES INC - 09 - 3
Owners Name&Address: Property Address:
MITCHELL WILLIAM Street: 15462 MORRIS AV WELD
15462 MORRIS AVE City: WELD
FORT LUPTON, CO 80621
Business/Complex:
Sales Summary_
Sale Date Sale Price Degd_Type Reception #
8/22/2001 $0 QCN 2881771
Legal Description
AR9-3 L3 BLK9 ARISTOCRAT RANCHETTES INC SITUS: 15462 MORRIS AV WELD 80621
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Acres 0.99
Land Subtotal: 0.99 $49,500 $3,940
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
Improvements Subtotal: $83,844 $6,670
Total Property Value $133,344 $10,610
Building Details
Account#: R5217186 Parcel#: 130927208004
Owners Name &Address: Property Address:
MITCHELL WILLIAM Street: 15462 MORRIS AV WELD
15462 MORRIS AVE City: WELD
FORT LUPTON, CO 80621
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 1983
Exterior: Frame Hardboard HVAC: Forced Air
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 03/28/2005
Identify Results Page 2 of 2
Interior Finish: Drywall Built As SQ Ft: 936
# 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: 936 Finished SQ Ft:
http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13092... 03/28/2005
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AUG-21-81 09.52 PRON•L, TITLE In.8702823062 PAGE 1/2
1111111 111111111111 11111111111lII 111111 III 1111111111111
2881771 09/0712001 10:58A JA Sukl Isukantoto
1 0l 1 R 5.00 0 0,00 Weld County CO
Mcorded the day of • at o'clock M M.
Reception it Recorder by
QUIT CLAIM DEEDTHIS DEED, Wade this day of 9d, C2 C1O1
"'mil
between
WRITS E. IAITCENLL
grantor, for the consideration of— TEN DOLLARS AC OTHER GOOD NO VALUABLE CONSIDERATION arc in hand paid,
hereby tells and 4litclaims to
WILITAX MITCOOM.L
grantee, whose street address is 13462 MORRIS AVESTIII
City of TORT LOPTON , County of WELD _, Stets of Colorado the foliouing
real property in the Covey of WELD , and State of Colorado, to wit:
LOT 3, FLOCK 9, ARISTOCRAT RINCEICTIES, 107C. SUBDIVISION, COUNTY OF
WELD, STATIC OP COLORADO.
also know,as street and number 15463 MORRIS AVEN08, PORT LUPTON, CO 80621
TOGETMRR with ell its appurtenances.
The circular readier shell include the plural, the plural the singular, and the use of arty gander shell
be applicable to all genders. Signed es of the day and year first above written.
EMITS E. crews
Stara of r/a) �) /
Canty of /////r,/ ) '
The foregoirc intrtent was acknowledged before o this day of 41:, 2-2 -Ji4'l1I
by IQIEITA B. MITCHELL
Warner ray hand and official seal. V ^a i'19 r
My carieeien aspires �l/a6,0{�/ ,/,.'J } ..
o
7 Notary( lie ! it y, f
landlliePI V
amasolteamit
Mn recorded return to: WILLIAM NITCNELL
15562 NORRtS AVENUE, FORT Ural. CO 80621
Enna No. 000 (Quit Claim Deed - 2/97) 7C25000353 PT725000353
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