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HomeMy WebLinkAbout20051707.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST RAMON AND JULIE GARZA 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, Ramon and Julie Garza, VI #0500074, 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, Ramon and Julie Garza were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, 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 July 14, 2005, to allow adequate time for the property owners to be notified of the violation hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0500074 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Ramon and Julie Garza 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 July 14, 2005, to allow adequate time for the property owners to notified of the violation hearing. 2005-1707 PL0824 (ie : Ft, ��- VIOLATIONS - VI #0500074 - RAMON AND JULIE GARZA 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 Sada MAI WELD COUNTY, COLORADO 1/42 William H. rke, Chair 1g61 lerk to the Board ®� it �;'.,� / M. J. 'le, Pro Tem Deputy Clerk to the Board -� David E. Long APP AS TO • Rob rtD. Masden v`Att ey Age e Glenn Vaad Date of signature: Jar 2005-1707 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Ramon &Julie Garza Violation: VI-0500074 Address: 4306 Acadia Ct, Greeley, CO 80634 Legal: Lot 9, Block 14, West Hill-n-Park, 15`filing, 1st replat, Weld County, Colorado Location: East of and adjacent to 47th Ave and North of and adjacent to 49th St. North: Evans city limits and primarily residential uses South: Evans city limits and primarily residential uses East: Approximately 1/2 mile West of Evans city limits and primarily residential uses West: Evans city limits and primarily residential uses Parcel Number: 0959-26-3-11-009 Certified mail date: May 24, 2005 Received: Currently the property is in violation of Chapter 23, Article III (3), Division 2 of Sections 23-3-1 10, 23-3- 110.8, 23-3-110.8.1, 23-3-110.C of the Weld County Code. REMEDY To bring the property into compliance the camper/trailer shall be completely disconnected from all utilities and maintain current tags at all times or it shall be removed from the property. 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 8, 2005 Initial complaint received. March 7, 2005 Initial inspection completed. March 11, 2005 Five day compliance encouragement letter issued. March 18, 2005 Violation letter issued. March 23, 2005 Picked up electric and building permits March 28, 2005 Dropped off building permits. Requested an extension. Granted until May 9, 2005. 2005-1707 May 11, 2005 Mr. Garza called and requested an additional extension. Granted extension until May 18, 2005. May 24, 2005 Property inspected. Property remains in violation. March 24, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. a DEPARTMENT OF PLANNING SERVICES (1; North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 WWW.CO.WELD.CO.US W.CO.W ELD.CO.US I E-mail Address: asiron@co.weld.co.us Phone (970) 353-6100, Ext. 3566 O Fax (970)304-6498 • Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 May 24, 2005 Mr. & Mrs. Ramon Garza 2013 68th Ave Greeley, CO 80631 Subject: VI-0500074, Lot 9, Block 14, West Hill-n-Park, 1St Filing, 1st replat, Weld County, Colorado Dear Mr. & Mrs. Garza: 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 Ill, Div 2 "Residential Zone Districts" Section 23-3-110 "R-1 (Low-Density Residential)Zone District" Section 23-3-110.8 "Uses Allowed by Right" Section 23-3-110.8.1 "One (1) Single-Family Dwelling unit per legal lot" Section 23-3-110.C "Accessory Uses" To bring the property into compliance: The camper/trailer shall be completely disconnected from all utilities and have current tags at all times. There are no provisions in the Weld County Code allowing camper/trailers and RV's to be used as dwelling units. 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, (a,7 ( U.S. Postal ServiceTM Ann Siron °-° CERTIFIED MAIL,M1, RECEIPT Zoning Compliance Officer m (Domestic Mail Only;No Insurance Coverage Provided) pc: VI-0500074 F•r.slivery int nnati n visit ur we•site at www.usps.c•n, Department of Planning Services co k ws r a ` rr Bruce Barker, County Attorney co Postage $ ru O Certified Fee O O Return Reclept Fee Postmark (Endorsement Required) Here 0 ndor eed Delivery Required) Fee a (Endorsement Restricted e e rH N Total Postage 8 Fees $ m o Sent To MR & MRS RAMON GARZA r` Street,Apt.No.; or PO Box No. 2013 68TH AVE City.State,Z/P+4 GREELEY, CO 80631 PS Form 3800.June2002 See Reverse for Instructions COLORADO y'o iu ,t Greeley, CO 80631 Date of Inspection: )'/-OE Permit/Case No.: V I — Property Owner Name: C—X:(...f. r Address: �� .= '11. 1 ;1 •'t.. u s •• Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: f / _' / ;; ' • • f'. Inspection by: L. Contact Name: r4 1 t co trTh Contact Phone Number: 970-353-6100, Ext.3555 Copy of this inspectio Pictures taken during inspection: Yes E No DEPARTMENT Or "LANNING SERVICES North Office Code Compliance Division f 918 10th Street, Greeley, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us Phone: (970) 353-6100, Ext. 3566 wage Fax: (970) 304-6498 Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE March 18, 2005 Mr. & Mrs. Ramon Garza 2013 68th Ave Greeley, CO 80631 Subject: VI-0500074, Lot 9, Block 14, West Hill-n-Park, 1st Filing, 1st replat, Weld County, Colorado Dear Mr. & Mrs. Garza: 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 III, Div 2 "Residential Zone Districts" Section 23-3-110 "R-1 (Low-Density Residential)Zone District" Section•23-3-110.8 "Uses Allowed by Right" Section 23-3-110.8.1 "One (1) Single-Family Dwelling unit per legal lot" Section 23-3-110.C "Accessory Uses" To bring your property into compliance with the Weld County Code: The camper/trailer shall be completely disconnected from all utilities and have current tags at all times. There are no provisions in the Weld County Code allowing camper/trailers and RV's to be used as dwelling units. 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 March 18, 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 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 An iron Zoning Compliance Officer pc: VI-0500074 Department of Planning Services Bruce Barker, County Attorney Page 1 of I Ann Siron From: Lin Dodge Sent: Thursday, March 17, 2005 8:55 AM To: Ann Siron; Peggy Gregory Subject: FW: VI-0500074 - GARZA UPDATE - the electrical contractor verified there is a travel trailer onsite and told me they are updating the service pedestal for a future modular. Please advise. pQ -'J+ o �rJ From: Lin Dodge Sent: Thursday, March 17, 2005 8:42 AM To: Ann Siron; Peggy Gregory Subject: VI-0500074 - GARZA Checking on status of this violation - we have an electrical permit application to "upgrade existing service" - I have a call in to the electrical contractor for more info -- Thanks! 03/17/2005 DEPARTMENT OF PLANNING SERVICES a North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us ' Phone: (970) 353-6100, Ext. 3566 Fax: (970) 304-6498 Southwest Office • 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 March 11, 2005 Mr. & Mrs. Ramon Garza 2013 68`h Ave Greeley, CO 80631 Subject: VI-0500074, Lot 9, Block 14, West Hill-N-Park, 15t Filing, 1s`replat, Weld County, Colorado Dear Mr. & Mrs. Garza: 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 a camper/trailer being used as a dwelling unit. 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;) Ann Siron Zoning Compliance Officer pc: Vl-0500074 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY INSPECTION REQUEST FORM Date Requested 3/1�0S ❑ a.m. ❑ p.m. ❑ Call with time Name Q q U J iLr, Permmiit# 3c,y 04Z2flP Job Address or Legal Description '$3060 QCdc6a. & tjAti Wze -7?-6 A--• Additional Info 0959-oz 6- .s-ir-00 9 INSPECTIONS REQUESTED BUILDING A C MOBILE HOME A C MANUFACTURED HOME A C ❑ SETBACKS ❑ ❑ ❑ U/G WATER SVC ❑ ❑ ❑ SETBACKS ❑ O ❑ FOOTING ❑ ❑ ❑ SETBACKS ❑ ❑ ❑ FOOTING ❑ O ❑ CAISSONS ❑ ❑ ❑ BLOCKING ❑ ❑ ❑ REBAR O ❑ ❑ C-METER ❑ ❑ ❑ TIE DOWNS ❑ ❑ ❑ FOUNDATION O ❑ ❑ P-METER ❑ O ❑ SEWER SERVICE ❑ ❑ ❑ DAMPROOF ❑ ❑ ❑ REBAR ❑ ❑ ❑ GAS & MECHANICAL ❑ ❑ ❑ U/G WATER SVC ❑ ❑ ❑ DAMPROOF ❑ ❑ ❑ U/G ELECTRIC ❑ ❑ ❑ U/G PLUMBING ❑ ❑ ❑ FOUNDATION ❑ ❑ ❑ MH ELECTRIC SVC ❑ ❑ ❑ GAS ❑ ❑ ❑ U/G ELECTRIC ❑ ❑ O P-METER ❑ ❑ ❑ MECHANICAL ❑ ❑ ❑ U/G PLUMBING O ❑ ❑ SKIRTING ❑ ❑ ❑ U/G ELECTRIC ❑ ❑ ❑ ROUGH ELECTRIC ❑ ❑ ❑ FINAL PLUMBING ❑ ❑ ❑ P-METER ❑ ❑ ❑ ROUGH PLUMBING ❑ ❑ ❑ FINAL ELECTRIC ❑ ❑ ❑ FINAL ELECTRIC ❑ ❑ ❑ ROUGH HEATING ❑ ❑ ❑ LANDING & STEPS ❑ ❑ ❑ FINAL PLUMBING ❑ ❑ ❑ FLUES &VENTS ❑ ❑ ❑ FINAL INSPECTION ❑ ❑ ❑ FINAL HEATING ❑ ❑ ❑ FIREWALL ❑ ❑ ❑ ❑ ❑ ❑ FINAL INSPECTION ❑ O ❑ EGRESS WINDOWS ❑ ❑ ❑ ❑ ❑ ❑ LANDING & STEPS O ❑ ❑ GAS TEST ❑ ❑ ❑ C/O ❑ ❑ ❑ FRAMING ID ❑ ❑ ❑ ❑ FURNACE ❑ ❑ COMMENTS: ❑ SEWER SERVICE ❑ ❑ •11(_ _ - A J t � -4-940 % ❑ WATER SERVICE ❑ ❑ `•"� ��� � }- �� ^��` .� ❑ FINAL ELECTRIC ❑ ❑ - fv-1 - ��/ (A/L `« .tat ? ❑ FINAL PLUMBING ❑ ❑ VY4, ,A - filad - d9 q. 07-2)/7 ,(tg%4� ❑ FINAL APPROVAL ❑ ❑ % `� j ❑ TEMPORARY C/O ❑ ❑ ❑ C/O ❑ ❑ 1aA- urt TI Y.-tAl kY� btA 511-e. air-ill)cl-r> " O ❑ PRE-MOVE o o r ✓ \ & ^�'-'L� • Kb c 9 IQ/ A=APPROVED J� C = CORRECTIONS NEEDED INSPECTOR:__ \:` � ' �_ DATE: I �� W o 0 6 en w o A LiTi o It — w...� C Q •I 1 .. 14 Q a Dco } za E o v .. JCj C o -it i 6 u) Ti to C V1 co o vF- La ". J a) O - ct G7 'KC I Q N rs y m1- Ii f. N N Ij{3 = . I 4t N 9 d? g x w o > Q NA - gyp�,Ii in to Q V E c)g 'a W C�rf I - 47w t,0 Z1 W a`� r, p O a < a Identify Results Page 1 of 1 %1 -05Dc.oi4 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2654986 Parcel#: 095926311009 Tax Area: 2820 Bordering County: Acres: 0.1469 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 05 - 66 - 26 - 3 WEST HILL N PARK 1ST FG - 14 - 9 Owners Name &Address: Property Address: GARZA RAMON &JULIA Street: 4306 ACADIA CT WELD 2013 68TH AVE City: WELD GREELEY, CO 80634 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 10/1/1989 $16,500 02196242 Legal Description 1WHP14-9 L9 BLK14 WEST HILL-N-PARK 1ST FILING 1ST REPLAT SITUS: 4306 ACADIA CT WELD Land Valuation Summary Land T e Abst Code Unit of Number of Assessed yP Measure Units Actual Value Value Residential 0100 Site Land Subtotal: $30,000 $8,700 No Buildings on Parcel http://maps.merrick.com/W ebsi to/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=095 92... 03/08/2005 rs DEPARTMENT OF PLANNING SERVICES wipe Code Compliance Division 918 10'" Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO • ZONING and/or BUILDING CODE COMPLAINT FORMS �ff Complaint Initiated by::tccs I LCA 11( ZONING CODE COMPLAINT I Staff/Name:Pe f/ Citizen 0 Other: HEALTH DEPARTMENT Citizen's Name(If known): WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): 1( BUILDING CODE COMPLAINT PUBLIC WORKS/PEST&WEEDS Date Complaint was received: Pending Case#(i.e.USR, RE,SE,ect...): w • • / 096q- ,,,71, -3-11-60q Legal Description: ''//L9, Ea - 1Y/ Li,�. JA///V •�yry� k� /S+Parcel]#: Violation Address: Y 36/a 90/2C1,72C f- Fill J f I r`P��-` Property Owners Name: Rz.tinon 4�/�. -za Phone: Property Owners Address: 9IJI?, (X' � LCU�� (rte ley j � 7443V Tenant's Name: Phone: Tenant's Address: K� / NATURE OF COMPLAINT: m !J(/ haJ e r Q/) pro c r, l (p ` 7 a/L rl "Q . ) j 1.�_ , Lip I /, p en'h / r Additional Notes: J I I I SK t nst Lns t kr, 4j' r PAs CI 00-e jnni . 'i ","„"""" HILL-N-PAR K EVAN S Eau GARZA, RAMON &JULIE ] rill VI-0500074 J Hii ' TOT is ■imps CC PIP I S.* 1%%i illiellitiSt iL] &■■■■■I■*n.* 'a ♦ellIMIENIONIIIIII*/■■■■■■n Wk..,_ ------ ii..■■•■ ■■■s+s L� hom ■m 70,1orn 000 N. 4144, war ,-T= 1 ■ Casa GladeIIt! !JI !! ■- 0� * • * . 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