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Home My WebLink About20041123.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0300272 AGAINST JOSE ALEMAN 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,Jose Aleman,VI#0300272, 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 13th day of April, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jose Aleman was 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 deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Jose Aleman 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. 2004-1123 en. /61-47)/92,"/ PL0824 S-S- � VIOLATIONS -VI #0300272 - JOSE ALEMAN PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 13th day of April, A.D., 2004. BOARD OF COUNTY COMMISSIONERS ��` WELD COUNTY, LORADO ,ft:, ^(\ ATTEST: ��'� 'II' �' ,C V •'Robert D. Masden, Chair Weld County Clerk to the e A_r: t. � BY: Y�Q pv � .�$ William erke, Pro-Tem 0 �cc -�ILr. �. I Deputy Clerk to the Bo �� 4ti r.� M. elle OV AS TO FO David . Long Co y' rney f lenn as Date of signature: 4/-7 2004-1123 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Mr. Jose Aleman Violation: VI-0300272 Address: 8047 CR 48.5, Johnstown, CO 80534 Legal: Lot 12, Block 2, North Johnstown, Weld County, Colorado Location: South of CR 48.5 and West of and adjacent to Conrad Street North: Agricultural properties with minimal residential South: Town of Johnstown East: Agricultural properties with minimal residential West: Lawrence Suburban Lots subdivision, Agricultural with residences and Town of Johnstown Parcel Number: 1059-04-0-02-021 Acreage: .35 +/-Acres Certified mail date: March 19, 2004 Returned: March 25, 2004 (as REFUSED) Regular mail date: March 25, 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 with the Weld County Code, the dump trucks shall be removed from the property. The Noncommercial Junkyard shall be restored, removed or 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. CASE HISTORY September 15, 2003 Initial complaint received. September 15, 2003 Initial inspection completed. October 1, 2003 Five day compliance encouragement letter issued. November 17, 2003 Property inspected. Property remains in violation. November 25, 2003 Violation letter issued. February 24, 2004 Property inspected. Property remains in violation. March 19, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. March 25, 2004 "Certified" letter returned as"REFUSED". Per Bruce Barker, County Attorney, I send the letter through regular US Postal mail. 2004-1123 INE °Ali% il i 6 O d CDD N N V D L COi1 11 +, O O-O ca m O J' O O � r. -1 r, GZO rn � qDm -I � v 'O 6g' g' fn (� -• Jm O o m — _a��EJE - .. > ro (D2 cmo s m m.�� romrororo v—= -10 m m 2 O CD o Q-_-�_ C0 ° ' n17 � ac n m r0 � C o [ b d � 0a cc � � w n3 b o o o a o m J m y 3 x c o° O f1 �e.:+L Lr•�a-rte �� ' k n .�torir ,, "- -Pl w om #'1jas5$ ' Us L..' D 6 o o. #uhg Services t • (�j C .x as e �' ® r'>tltw s� ! V2o :': ,� fmn Db;`• ' �2rc aye Trs111 II 1 1111111111111111 4t itR.,lr,*• � m4 a ' 4.0., �. ;0b04335338 MAR 18 2004 - p �" - " I L b � i ;.►�hILw FROMZWCQI)E 80631 o n a9 7003 1010 0002 8989 1030 r* c,-„,-,2,,, '..k*''1'. , Da Ncr a�u r � '₹''q� ` ,:h" r ONnthelperahlb A r 'L D O r" t �'x y saw w �, a AS Anares5e0- ,�:++ .n� J v a N g «if r �. S , Unable Tn Fn•warJ n ..x ✓e - — f( 4'. a Y1Pd F O Insux iLef Add eea x n r` inY '-7.4 .a"; ' x O tp- 1 L40 Atltlreas Iii` �' F i 't t �/ 80 Jose Aleman r',." '� %1 8047 CR48 5',m P�a Not KnoNn� o-+ 3 � � � Johnstown- CO 80534 211d NOfICf '�"' +u Y/� O Vanam 71saioie. e M.. ' ?5 lD O T` h � ' rt'f:",•“"` 4) a� .1-s ✓� O D.- Oz,, O � , •,?, � � � , � O Bu C�asatl Nc Ortlei ^y�' s r �. a, J J`" ,''''' ..113.../... (, 1,---," Rm l net f c get e• ,J '� co0z ,.g ^`x ' a ",. " t)r .,.ar Adtlraat_ 1 wn ". �+ k� l M f i EA g n a y i a y", u c " 11 x xy� f £ t r` to Z F� co ` '° � a' �".a d n"' r '+ '"a„� .,.;" 2-�,..-, rri_r li aG i Irrirtts u r e n__.._.-.-•p, e D o 0 o xi � G10 r, � a 0 re_ I w m n , r b m mwo0ON0 A Co Cr) . CO O1 W C Corn Co al -S — U) J (1) I a V Mr.Aleman Page 1 of 2, VI-0300272 DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 CPhone (970) 353-6100, Ext. 3555 O Fax (970) 304-6498 COLORADO • March 19, 2004 • Mr. Jose Aleman 8047 CR 48.5 Johnstown, CO 80534 Subject: VI-0300272, Lot 12, Block 2, North Johnstown, Weld County, Colorado Dear Mr. Aleman: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on April 13, 2004, 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 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: The dump-trucks shall be removed from the site. Since you are within the boundaries of a Subdivision, such as North Johnstown, a dump-truck is not an allowed use. Additionally, during an inspection conducted on February 24, 2004, it was noted that trash was still present on the property. Trash is considered part of a "Noncommercial Junkyard." Please ensure that this is removed in a timely fashion. 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.Aleman Page 2 of 2, VI-0300272 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. 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. 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 Vitiation 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 Zoning Compliance Officer pc: Vl-0300272 Department of Planning Services Bruce Barker, County Attorney U.S. Postal ServiceTM o CERTIFIED MAILTM RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) F r •ellvery inf•rmati•n visit •ur we•site at www.us•s.c•moa Er Er OFFICIAL USE E di ' Postage $ ru Certified Fee O Postmark 0 Return Reciept Fee C (Endorsement Required) Here O r Reslue d Delivery t eryFee C (Endorsement t m Required) O ra Total Postage a Fees $ oSent To o MR. JOSE ALEMAN • M1 --Street,Apt.No.; or POSoxNo. 8047 CR 48.5 City,State,ZIP+4 JOHNSTOWN CO • • • ...: . • *10.1,rim".. Weld County Department of Planning Services um C. Inspection Report 1555 N. 17`h Avenue COLORADO Greeley, CO 80631 Date of Inspection: ',—;-'1 -,.:".(1.;:k 4 1 Permit/Case No.: _ .i"."--1-1. ,f-- • Property Owner Name: (1,,.'1,0; , . '(-SI:7 .. . . Address: .i , ,.. , . e•.•• 1 . I-, 7-4, Upon a visual inspection of the property listed above,the following items were noted: .Sr-x--fu‘ N-(.-0.-27.\_t_c}* t L -c,jg d.,. k i • - J .i a , Inspection by:.-- Contact Name: • --oar) Contact Phone Number: 970-353-6100, Ext. 3540 • Copy of this inspection was: O Left on site XMailed on: &_ _O4 Pictures on file: O Yes KNo Kit lID DEPARTMENT OF PLANNING SERVICES C • Code Compliance Division O Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us • 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE November 25, 2003 Mr. Jose Aleman 8047 CR 48.5 Johnstown, CO 80534 Subject: VI-0300272, Lot 12, Block 2, North Johnstown, Weld County, Colorado Dear Mr. Aleman: 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: The dumptrucks shall be removed from the site. Since you are within the boundaries of a Subdivision, such as North Johnstown, a dumptrudk is not an allowed use. Additionally, during an inspection conducted on November 17, 2003, it was noted that trash has started to accumulate on the property. Trash is considered part of a"Noncommercial Junkyard." Please ensure that this is removed in a timely fashion. 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 November 25, 2003, 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-0300272 Department of Planning Services Bruce Barker, County Attorney . • 1 / f ari Weld County Department of Planning Services j r Inspection Report C 1555 N. 17th Avenue COLORADO Greeley, CO 80631 Date of Inspection: k .. i• .; . > Permit/Case No.: \1 v" Property Owner Name: ;•-•:•s' V (V\ 7.-•k ' a_ Address: +qua l '`�" t _v"c-k ‘`„)\.,C k'''(1 (71- ( t : ti_Ji,.a tic\iv cvt�,a Upon a visual inspection of the property listed above,the following items were noted: VZ • • • Inspectionby: ContactName: cYf “ Contact Phone Number: 970-353-6100, Ext. 3540 • Copy of this inspection was: Pictures on file: es 0 No • DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us ' 1555 N. 17th Avenue, Greeley, CO 80631 CPhone: (970) Fax: (970) 30 3555 O Fax: (970) 304-6498 COLORADO October 1, 2003 Mr. Jose Aleman 8047 CR 48.5 Johnstown, CO 80534 Subject: VI-0300272, Lot 12, Block 2, North Johnstown, Weld County, Colorado Dear Mr. Aleman: 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 dump trucks without an approved and recorded Use by Special Review permit. Please contact me within five working days of the date of this letter to review these concerns with me. Failure to close this violation or efforts to show progress,will result in a thirty-day violation notice being issued. 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,ratakfut Bethany Salzman u Zoning Compliance Officer pc: VI-0300272 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#:R8672900 Parcel#: 105904002021 �eav�r� Tax Area: 0556 Bordering County: • Acres: 0.35 Township Ramie Section Quart.Sec. Subdivison Name Block# Lot# 04 67 04- NORTH JOHNSTOWN - 2 - 12 altitYe4:[MMl..tLs.:.1YiMiOG'•..c%JCr'GW9.VMwmni:IW awfJ.:At...uivy�N....e::*4CrwaN.R.'M1riMY11:�WiCl4I1M.Y.:tS.?O.tMHH1:iRi':.N•Af61iNMWRRY:�;t•;yh9{yy.....r.-.[ a.,i.11't6e�_.siY.lL6C.lOT/dt1L'W aat Owners Name&Address: Property Address: ALEMAN JOSE S Street: WELD 8047 WELD CO RD 48 1/2 City: WELD JOHNSTOWN, CO 80534 Business/Complex: — --- --- -__.� Sales Summary Sale Date Sale Price Deed Type Reception_# $0 Legal Description L12 BLK2 NORTH JOHNSTOWN (JOHNSTOWN OUT)SITUS: WELD J Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 0100 Front Feet 15392 Land Subtotal: 15392 $29,600 $8,580 No.Buildings on Parcel • http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=10590... 10/01/2003 w.Parccl Tatrle Mainlenanc `� r.'v , .,f Parcel No:1 059-04-0-02-021 o n ii Alt Key: I Uodatf ReMar Back Exi Primary Address General Information — �._. No Di / Street Name CO Id: S ubtiivision: I 111 i Lot:I- Fract: 1 J Select An Address I Area:1 0.00 Acres:1 0.35 Situs • Zonin WELD ___ ___�__.. CensusTract1 CenBlock:1 r Primary Owner Information X Coord:I- Y Coord: Legal Description Name:IALEMAN JOSE S L12 BLK2 NORTH JOHNSTOWN(JOHNSTOWN -1- Address 1:18047 WELD CO RD 401/2 OUT)SITUS:WELD Address 2:'JOHNSTOWN CO Address 3:I Address d:I Zip:180534 Use Code:1 .J I Phone 1:1 TRA:10556 Exempt:(— j Phone 2:1 Status:IACTIVE _vj Govt Owned:r Notation I 1 • Permit N: PI.030O272 Location:(NorthWest end of Conrad Street North Johnstown __ ,rtt Status: f COMPLNT APPLICANT:jALEMAN JOSE "^' Date: 110/01/2003 Back Stop r r` + {?f °C ;; Y Eiji Q OII( 1( N i 5 .. 7. Desc Screen People Doc _fond LIMN_ rip Aver Loc Relate �,� r; I ! I I ^.�u_ Site j update l♦I Exit I Bac Parcels Parcel No: 11059-04-0-02-021 Owner: IALEMAN JOSE S E People F !; Status: ICOMPLNT I� Written By: BJS Sec/Twn/Rng: 104 04 67 __ :' 4 :.� ;.;",:: ,,<'4_ Description: Durnptrucks without a USR permit Location: NorthWest end of Conrad Street North J - Zoning Dist AGRI Inspection Area V1 Permit Num: App Type: VI f (BCV=BLDNG VIO,VI=ZONING V10,WCV=WELD VIO"bcv+vi") Class Code: VI-6 • BUSINESS Complaint: 09/30/2003 'nit BJS NO VI: I____/_/ 'nit: 7- 5 Day Letter: 10/01/2003 Init: BJS Issued: ___/_/ Init f Inspection: ___/_/ Init: 1--- BCC Vio: _/____/ Init: r---- Court: _l_f� 'nit: I Closed BD/: __,/_/ Init: I Closed VI: f_/__/_ f ' Init: 7M 1 i trtis>.) DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone::(970) 353-6100,Ext. 3540 COLORADO y-- ~ .L r Fax: (970) 304-6498 ZONING afdlFDDINNG CODE COMPLAINT FORMS Complaint Initiated by: it ZONING CODE COMPLAINT D Staff/Name: Citizen O Other: ❑ HEALTH DEPARTMENT Citizen's Name(If Ion): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If(mown): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: CJ Pending Case#(i.e. USR,RE, SE, ect...): Legal Description: L-CE ►a I Q\cdL al t tCr 4, ri uti sthi on Parcel#: k 1 U1-©'C' •f 1 Violation Address: !� Property Owners Name: Mt C'0gil t 3(344— Phone: Property Owners Address: 5SUCI l' C c,-)t cc-�u �to I ( L¶>C±a y..k Tenant's Name: Phone: Tenant's Address:NATURE OF COMPLAINT: 1,1�It , yltpXi Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: 67.,y,c\ckw---) (—) I ,scv. Weld County Department of Planning Services � Inspection Report O 1555 N. 17th Avenue COLORADO Greeley, CO 80631 • Date of Inspection: /••i• • `:``'s • Permit/Case No.: \s Property Owner Name: {..\V.1.. Address: 1, '. ,,t. Upon a visual inspection of the property listed above,the following items were noted: • ', C '- 4.\r"11 . • Inspection by: Contact Name SY-t.a... firt}e-1 Contact Phone Number: 970-353-6100,Ext. 3540 Copy of this inspection was: p • Pictures on file: O Yes XNo • 1111111111111111111III11111IIIII Ellie IIIIIIIIIIIIIIII 2758692 03130/2000 03:49P JA Sukl Teukamoto 1 of 1 R 5.00 D 0.00 Weld County CO CeQa QUITCLAIM DEED THIS DEED,made this ,;Qils day of W1 D. t /nJ between J LSt G. /pie (i1D.h of the 'County of W.o./ and State of Colorado,grantor(s),and Tose IQ whose legal address is "ok✓5+OW • In of the County of wa..1eQ and State of Colorado,grantee(s), WITNESS,that the grantor(s),for and in consideration of the sum of H a RK oc TR /on DOLLARS, the receipt and sufficiency of which is hereby acknowledged,ha S remised,released,sold and QUITCLAIMED,and by these presents do remise,release,sell and QUITCLAIM unto the grantee(s), heirs,successors and assigns forever,all the nght,title,interest,claim and demand which the grantor(s)hag in and to the real property,together with improvements,if any. situate,lying and being in the County of Wiz and State of Colorado, I' described as follows: L0+ (Z a '31oc1< Z . No r�� J Jk✓ls tow kk • • • • also known by street and number an assessor's schedule or parcel number TO IIAVE AND TO HOLD the same.together with all and singular the appurtenances and privileges thereunto belonging.or in anywise 'I thereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the granmr(sl,either in law or equity,to the only ',. proper use,benefit and behoof of the grantee(s) heirs and assigns forever. IN WITNESS WHEREOF,the grantoe(s)has' executed this deed on the date set forth above. frlia:0;1c._2/S_ STATE OF COLORADO �y5 te) County of w ,-e,(.4 111 1y C The foregoing instrument/was acknowledged AS before me this B day of YYl(3,r.CeN,, X \ m ¢ Witness my hand and official seal. • `Y rpYll Lbw'I My commission expires: '1- \5- 03 • ..... YY10 Abk 4 \C AC. + *gin DOW..,yen-City and". Huey Pu61ia Name and AMPnorPuam Cmner Newly Uw,t Laud Damplcn It 36J}106.5,CAS) No-933.Rev.4-94. QUITCLAIM DEED Bradford Publishing,1743 Waree S..Denver,CO 50202-(303)292-2500-12-97 l) - r. • - - �: ' „I - .+ .f• , it :R r' rye .s . r• „e •+: fat • :.LYT'- w lei . • Il1 _ I` I _ — r l -L . fI a . __—_. , _. , _ i _ •= N. � Td': !_ i . I — $ _-.-� =a Jr Ole- - I. II MI _ rs fil II• Hello