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Home My WebLink About20041376.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0300338 AGAINST JORGE AND MARIA ALMANZA 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, Jorge and Maria Almanza, VI#0300338, 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 May, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jorge and Maria Almanza 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 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 Jorge and Maria Almanza 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. 2004-1376 PL0824 VIOLATIONS -VI #0300338 - JORGE AND MARIA ALMANZA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of May, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO Robert D. Masden, Chair CVt/eld'i5,t ..j-rk to the Board \ 1a 1 f / William H. rke, Pro-Tem : _BY:. Y Dept- Clerk to the Board M. J. R ED AS • David E. Long C unty Atto ney /1 Glenn Vaa Date of signature: /S- - �/O 7 I 2004-1376 PL0824 -Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Jorge & Maria Almanza Violation: VI-0300338 Address: 4854 Kings Canyon Dr, Greeley, CO 80634 Legal: Lot 2, Block 7, West Hill-N-Park, 3r° Filing, Weld County, Colorado Location: North: Residential, City of Evans South: Residential, City of Evans East: Residential/light Agriculture, City of Evans West: Residential, City of Evans Parcel Number: 0959-26-3-25-002 Zoning: R-5 (Residential) Certified mail date: April 20, 2004 Received: May 3, 2004 Currently the property is in violation of Chapter 23, Article 111(3), Division 2 of Sections 23-3-150, 23-3-150.6 and 23-3-150.C of the Weld County Code. REMEDY To bring the property into compliance the derelict vehicle and automobile parts shall be removed or restored. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. CASE HISTORY October 15, 2003 Initial complaint received. October 30, 2003 Initial inspection completed. November 24, 2003 Five day compliance encouragement letter issued. March 12, 2004 Property inspected. Property remains in violation. March 16, 2004 Violation letter issued. • April 16, 2004 Property inspected. Property remains in violation. April 20, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2004-1376 Mr.&Mrs.Almanza Page 1 of 2, VI-0300338 f� 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 Phone (970) 353-6100, Ext. 3555 WIER O Fax (970) 304-6498 COLORADO Apr 20, 2004 Mr. & Mrs. Jorge Almanza 4854 Kings Canyon Dr H ll-N-Park Greeley, CO 80634 Subject: VI-0300338, Lot 2. Block 7, West Hill-N-Park, 3f° Filing, Weld County, Colorado Dear Mr. & Mrs. Almanza: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on May 11, 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 Ill, Div 2 "Residential Zone Districts" Section 23-3-150 "R-5 (Mobile Home Residential) Zone District." Section 23-3-150.6 "Uses allowed by right." Section 23-3-150.C "Accessory uses." o bi Hg the property into compliance: The "Noncommercial Junkyard" consisting of a derelict vehicle and some automobile parts shall be restored or removed from the property. In the "R-5" Zone District a "Noncommercial Junkyard" is not an allowed use, even if screened. 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. Mr.&Mrs.Almanza Page 2 of 2, VI-0300338 • 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 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 viclation. Our records :ndlcate that you were made aware of the nature of the violation including the action necessary to confect the violation, and :net you were given sufficient time to remedy this viclet,cn. If you h e any ;i am-iceman am-iceman this matter please _tail me. Sincere:„ Bethany Saizmanl Zoning Compliance Officer pc: Vl-0300338 Department of Planning Services Bruce Barker, County Attorney U.S. Postal ServiceTM rti CERTIFIED MAIL. RECEIPT m (Domestic Mail Only;No insurance Coverage Provided) Fordefverylnfonnadon vieltour:website atv ww.uspe.come co L Postage �$ N curried Fee Return Reciepl Fee Postmark (Endorsement Required) Here Restricted Delivery Fee r9 (Enaorsement Required) rel Total Postage&Fees $ m • p Sent To m MR. & MRS. JORGE ALMANZA N Street Apt.No.; or PO Box No. 4854 KINGS CANYON DR City.State,ZIP+4 GREELEY CO 80634 - HILL-N-PARK • • 4jk1; Weld County Department of Planning Services • Inspection Report WIIDC 1S55 N. 17`" Avenue COLORADO Greeley, CO 80631 Date of Inspection: f_+ , -t •• Permit/Case No.:• Property Owner Name: t: ;•:',,.., z:.; . ' . • Address: 1-.4.C .2-‘-••• ; Upon a visual inspection of the property listed above,the following items were noted: 1 , LLr Cs. Inspection by: ontactName: `-YL )\ '\2/\ t Contact Phone Number: 970-353-6100. Ext. 3540 Copy of this inspection was: O Left on site Mailed on: Li-7C--0-1 Pictures on file: O Yes No m--4tetir,\ rp.;; DEPARTMENT OF PLANNING SERVICES Code Compliance Division O Website: WWW.CO.WELD.CO.US • E-mail Address: bsaizman@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 March 16, 2004 Mr. & Mrs. Jorge Alrnanza 4854 Kings Canyon Dr Hill-N-Park Greeley, CO 80634 Subject: VI-0300338, Lot 2, Block 7,West Hill-N-Park,3r° Filing,Weld County, Colorado Dear Mr. & Mrs. Almanza: 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 23-3-150 "P-5 (Mobile Home Residential) Zone District." Section 23-3-150.8 "Uses allowed by right." Section 23-3-150.0 "Accessory uses." To bring your property into compliance with the Weld County Code: The "Noncommercial Junkyard" consisting of a derelict vehicle and small amount of miscellaneous debris behind the house shall be restored or removed from the property. In the "R-5"Zone District a "Noncommercial Junkyard" is not an allowed use, even if screened. 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. • Mr.&Mrs.Jorge Almanza Page 2,v1-0300338 • 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 16, 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. 1 Bethany Sa:zman Zoning Compliance Officer pc: VI-0300338 Department of Planning Services Bruce Barker, County Attorney ..r l Weld County Department of Planning Services • Aff(6-- , Inspection Report p p e. 1555 N. 17th Avenue COLORADO Greeley, CO 80631. Date of Inspection: Permit/'CaseNo. . .;••• Property OwnerName: ?- _ - . , Address: ..•••-•• .. Upon a visual inspection of the property listed above,the following items were noted: \ iet r-4. r-e ..t ((' 4 -- `�j 1 1 :3.r •z&' t r �=.^r1iS.k_ , -s Y'.;..f • • • • �. Inspection by: , ,� Contact Name: \ -1-,c1 c, • • i Contact Phone Number: 970-353-6100. Ext. 3540 Copy of this inspection was: 0 Left on site 'Mailed on: Pictures on file: 0 Yes XNo DEPARTMENT OF PLANNING SERVICES Code Compliance Division TT Website: WWW.CO.WELD.CO.US wipe E-mail Address: bsalzman@co.weld.co.us -6 I: 1 I I 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 COLORADO November 24, 2003 Mr. & Mrs. Jorge Alrnanza 4854 Kings Canyon Dr Hill-N-Park Greeley, CO 80634 Subject: VI-0300338, Lot 2, Block 7, West Hill-N-Park, 3r° Filing, Weld County, Colorado Dear Mr. & Mrs. Almanza: 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 a derelict vehicle in your backyard. A"Noncommercial Junkyard"is not an allowed use in the"R-5"Zone District,such as Hill-N-Park, unless with a structure. 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, �c Y yi -to Bethany Salzman Zoning Compliance Officer pc: Vl-0300338 Department of Planning Services • SERVICE,TEAMWORK,INTEGRITY,QUALITY Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R0066590 Parcel#: 095926325002 ;WVTmt'. .41 N11i.YAStatmg:M, MhYYF.mt::RNx. 4IX. Y.#e. 6m .Ailk etBb,M&W ®LFtrVtlN Tax Area: 0608 Bordering County: Acres: 0 To-wnship_Range Section Quart. Sec. Subdivison Name Block# Lot# 05 - 66 - 26 - 3 WEST HILL N PARK 3RD FG - 7 - 2 Owners Name &Address: Property Address: ALMANZA JORGE 0 & Street: 4854 KINGS CANYON DR GREELEY 4854 KINGS CANYON DR City: GREELEY GREELEY, CO 80634 Business/Complex: .. ... ... .. ..._. . Sales Summary Sale Date Sale Price Deed Type Reception # 4/26/2002 $160,000 WD 2947081 Legal Description 3WHP7-2 L2 BLK7 MINOR CORRECTIONS TO RESUB OF WEST HILL-N-PARK 3RD FILING SITUS: 4854 KINGS CANYON DR GREELEY 80634 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed yP Measure Units Actual Value Value Residential 1112 Site Land Subtotal: $30,000 $2,390 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $100,150 $7,970 Total Property Value $130,150 $10,360 Building_Details Account#: R0066590 Parcel#: 095926325002 Owners Name_&_Address: Property_Address: ALMANZA JORGE 0 & Street: 4854 KINGS CANYON DR GREELEY 4854 KINGS CANYON DR City: GREELEY GREELEY, CO 80634 Building# Property_Type 1 Residential Individual Built As Detail Built As: Split Level Year Built: 1997 Exterior: Frame Hardboard HVAC: Forced Air http://maps.merriciccom/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09592... 10/16/2003 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1340 # of Baths: 2 Roof Type: Gable # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 7 Units: 0 Garage: ., Attached SQ Ft: 480 Detached SQ Ft: Basement: Total SQ Ft: 480 Finished SQ Ft: http:/maps.men ick.com/Website/Weld/sctSgl.asp?trod=QUERY&DETPP&pin=09592... 10/16/2003 riii.Parcel Table Maintenance „,'I-,..: r,. .z, `y..� . .__... :• ...... XI I 1 Parcel No:10959-26-3-25-002 ��_ Alt Key: 1660526 � gait I11L y Update ReMbr e=.'J East I 1 Primary Address General Information I No Dir 1 Street Name City Id: HIL Subdivisson 1 4854 I 'KINGS CANYON DR I r Lot:I Fract: Select An Address . . i Areal 0-00 Acres:[ 0.00 situs Zoning l 1 1 4854 KINGS CANYON DR GRLY Census Tract.l Cen Blocky \ Primary Owner Information , :<:Lnprd( Y Coord:I Leraal Description i t Name:IALMANZA J0RGE 0 & 3WHP7.2 L2 ELK-7 MINOR CORRECTIONS TO RE`-�UB OF WEST HILL-N-PARK.3RD FILING SITUS _ Address 1:IALMANZA MARIA ISABEL i G, ti 4854 KING„CANYON DR GREELE r 80634 Address 2:14054 KINGS CANYON DR 1 N.•Address 3:IGREELEY CO ! .`1 Address 4:I ri i • Zip: 180634 Use Code:I -J I -. Phone 1:1 TRA..10608 Exempt E Phone 2:I . \ Ststus'ACTIVE ,-1 Govt Owned Notation I 0 •fli • .. x; Permit N: IV1•0:30103 8 Address:14854 rip G':.C.Ati,'On OR HIL • Status: ICOMPLNT APPLICANT: IAL1,1,61NZA JORGE t„MAFIA Crate- 111/24/2003 e;•:t `'=•F' I i .• Dap; Screen T'eUple Doc f n;d UHIla In p Awe LOC. R?late • I�D I i Site Exit B�cY. Parcels Parcel No: (ri959.2 -3-25•Di 2 Owner. IALM:tANZekJORGE O r People Status: ICOt:JF'LlJT ij Written By. IBJ'S Sec/Tim-Ana 126 05 C6 • Description ft U11'r'fLI:,_not allo,med in R•51 Location. I4U54 t.i-g:Can,,), Dr HdI•tl•Park Zoning C►i t F.5 Inspection Area i73 Permit NJum: I App Type. IA j IBC'/=E:LC'HG VICJ. ==ONINGG VIO. ?Ii r"L'c• •Clan.Code: JVb•_ IN rtJ•C rt:•1MERt:LALJLIt•JI"'r•. .RCi Complaint. I-I 015./2003 5./2003 !rat: IBJS NO VI. I '_?_! Init I 5 Da:Letter. Ii 1•_4..'l i:: , Is;.ued. � Init. I Inspection. L-77-- BCC _� "ro I_�_I_ Ir,it I-- Court I•_: :' Ir•,it ClosedBr='.' 1_• Clo:c,j'':`b L— -- !,Fit I } P‘itt -7 DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631• Phone: (970) 353-6100. Ext. 350 COLORADO Fax: (9701 304-6498 ZONING and/or BUILDING CODE COMPLAINT FORMS Corspiaint Initiated by: ZONING CODE COMPLAINT t, HEALTH DEPARTMENT C. z n:rre0 ti .,n: Val[65 Y1tP� q•1 WELD COUNTY SHERIFF'S OFFICE. ANIMAL CONTROL Number ;.t kn,..T j jC{ — 52.3,� BUILDING CODE COMPLAINT PUBLIC WORKS /PEST R. WEEDS Date Complaint was received: G 0. t 5 .03 F ending Case- (ire. USR, RE, SE, ect...): Legal Description: Parcel #: iolation Address: �ct'`" '.p-�(.Ii.'L& 7 Cat/lit 1 e u€ �. k LI w ��ark- P.:perry Owners Name: au K-LA -Q-�.t� Phone: open_:Owners Address: :nap's Name: Phone: T,enant's Address: akreLici- N\TURF OF COMPLAINT: t ckaa-A-d.at-A- d \A-A-Cc -C- (il.. hno( T-d Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: 1 111111 11111 1111111 11 111111 11111111111 111 11111 11I11111 2947081 04/30/2002 11:31A JA Sukl Tsukamoto 1 of 1 R 5.00 0 16.00 Weld County CO 081 Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the 'property")from the individual(,).corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s) or ennry0es)named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except for(I)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of- way shown of record (3) any patent reservations and exceptions(4) any outstanding mineral interests shown of record (5) any protective covenants and restrictions shown of record(6)any additional matters shown below under'Additional Warranty Exceptions'. and(7)subject to budding and zoning regulations. D.P. 516.00 The Specific Terms of This Deed Are: Grantor (Gave name(,)and place(,)of residence:if the spouse of Inc owner-grantor a joining in this Died to release homestead rights.Identify grantors as humans and woe.) JAIME DIAZ AND ELMA DIAL Grantee, alive rams d Josses._soterituni of address. a ellaitleread or street nUmlryLI JORGE O. ALMANZA AND MARIA ISABEL ALMANZA 4854 KINGS CANYON DR., GREELEY, CO 80634 Farm of Cu-Ownership; Of there are twin of more grantees n Imd.they toil be considered to take as tenseau m cot Wile.Ulf words-:II note tenancy"or words of die sane meaning are added.n the sFak thaw.) JOINT TENANTS Property Description (Inciede county and state.) LOT 2, BLOCK 7, MINOR CORRECTIONS TO RESUDDIVISION OF WEST HILL-N-PARK THIRD FILING. WELD COUNTY, COLORADO. Property Address: 4854 KINGS CANYON DRIVE GREELEY COLORADO 80634 Cmanderation: (The statement of a dollar amount is optional.adequate consideration for his deed will be presented unless dais conveyance u identified as a gift In any case tins conoeyae is absolute.owl and unconditional.) ONE HUNDRED FIFTY NINE THOUSAND NINE HUNDRED FIFTY AND 00/100 Reservations-Renrictiorar. Ill the GRANTOR mends at resenaany interest in he property or to snnvry less than is owned.or if the GRANTOR is restricting the GRANTEE'S right in de progeny.make appropriate talon:tort, Additional Warranty Exceptions, (Include tired,of iris)being....mat and other.tune,,lint snreJ shine., Executed by the Grantor on ' c1.2_ Signature for Corporation.Partnership or Association: Signature f ndivldual(s): Name of Grantor: Corporation,Partnership or Association 1 E DIAr✓! Grantor criBy Grantor By ELMA DIAZ Grantor Attest: STATE OF COLORADO COUNTY OF The foregoing instrument O a_fore me this N_� . By. JAIME DIAZ AND ..,M+ #Z"^•.,�/�\\ �- JAN c) A •P T 4Al l �R *OdeWITNESS my hand an t�lpl scat.ct)Wer, t my commtselon expires 1¢AkRCH 16,ZOM Notary Public STATE OF e '. .'�O ' 009 37TH AVF CT,SUITE 101, GREELEY, CO e0634 s COUNTY OF COLOR, y' The foregoing instrument wa before me this day of Bye (*name individual Grantors)or if Grantor is Corporation,Partnership or Association,then identify signers as president or vice president and secretary or assistant secretary of corporation:or as partner(s)of partnership:or as authorized members)of association.) wITNESS my hand and official seal. my eommtasion expire.: Notary Public ©1981 UPDATE LEGAL FORMS WCTC No.201-L ,T f ' - .l 4piti I Ai *c t. +,Kn • 1 J ip 0„;,::- Ira "Fin a , , .,, ,, -,., , , i l . Iifil of sawmills_ _- �' -, . '.•'• 444. t r Cam' • / - ,y:. ,fr Hello