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Home My WebLink About20043298.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0400073 AGAINST JOE AND ERIBERTA CASTRO 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, Joe and Eriberta Castro, VI #0400073, 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 December, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Joe and Eriberta Castro 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 Joe and Eriberta Castro 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. 2004-3298 PL0824 /�' : a-C-2) V/d, CYO O/ off -C_s VIOLATIONS -VI #0400073 - JOE AND ERIBERTA CASTRO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of December, A.D., 2004. BOARD OF COUNTY COMMISSIONERS ;�,,_��/ W _ �TY, COLORADO A ` L4' �nVn, Chair � i�' 1 � � Robert D. Masden, Chair t ' �,�► lerk to the Board h; tr1 EXCUSED 1861 .�. ` ' 6 William H. rke, Pro-Tem -(re)r gpt( lerk to the Board V 0�---- M. J. eile AP" • ' ' AS ;% O : EXCUSED David E. Long •oun Attorn=y I Ind A 44 Glenn Vaad Date of signature: _t-,_C 2004-3298 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Joe & Eriberta Castro Violation: VI-0400073 Situs Address: 503 Front St, Roggen, CO 80652 Mailing Address: PO Box 124, Roggen, CO 80652 Legal: Lots 15-16, Block 1, Roggen, Weld County, Colorado Location: North: Railroad uses/Agricultural Zoned properties South: Agricultural zoned properties with homes East: Agricultural zoned properties with homes West: Agricultural zoned properties with homes Parcel Number: 1301-06-0-09-003 1301-06-0-09-004 Certified mail date: October 28, 2004 Received: November 9, 2004 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 derelict vehicles 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. CASE HISTORY February 23, 2004 Initial complaint received. March 11, 2004 Initial inspection completed. March 16, 2004 Five day compliance encouragement letter issued. March 23, 2004 Violation letter issued. October 14, 2004 Property inspected. Property remains in violation. October 28, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. ,2rcc- 3721 a DEPARTMENT OF PLANNING SERVICES Code Compliance Division �7 WWW.CO.WELD.CO.US W.CO.W ELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us 91 8 10th Street, Greeley, CO 80631 CPhone (970)353-6100, Ext. 3555 O Fax(970)304-6498 COLORADO October 28, 2004 Mr. & Mrs. Joe Castro PO Box 124 Roggen, CO 80652 Subject: VI-0400073, Lots 15 -16, Block 1, Roggen, Weld County, Colorado Dear Mr. & Mrs. Castro: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on December 14, 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 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 have indicated in a previous letter, all vehicles located on the property need to have a current license plate and be in running condition;otherwise,they need to be screened from all adjacent properties and public rights-of-ways. During an inspection conducted on October 14,2004, a truck was noted. According to my records the license plates for that vehicle expired in 2000; however,the truck was still visible from adjacent properties and the road rights-of-ways. 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. Mr.&Mrs.Castro Page 2,VI.0400073 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 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 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, Scs-1 Bethany Sal�d(J Zoning Compliance Officer pc: VI-0400073 Department of Planning Services Bruce Barker, County Attorney Pie Charts Page 1 of 1 • Bethany Salzman • From: Bethany Salzman Sent: Friday, October 15, 2004 1:37 PM To: Candy Mondragon Subject: Joe& Eriberta Castro Could you please verify if the following license plate is current or not? Thank-youlllll 38599HY(it is on a tan Ford truck) The property owners of record are: Joe & Eriberta Castro PO Box 124 503 Front St Roggen, CO 80652 Bethany Salzman Zoning Compliance Officer 1555 N. 17th Avenue Greeley, CO 80631 (970)353-6100 Ext. 3555 (office) (970)304-6498 (fox) bsolzmoneco.weld.co.us 10/15/2004 � f' 1Jtlr� Weld County Department of Planning Services line. Inspection Report COLORADO 918 10`" St Greeley, CO 80631 of Inspection: `CALAvu it/Case No.: vs.._-- 1.\CCGT lefty Owner Name: `�'-C�t^ �i`tU � , a.1 U a "CCCX ress: r. ) ♦A • n a(visual)(on-site)inspection of the property listed above,the following items noted: i' n— On Yl-in K K-- U1 to i ld- a ,qtAy EPoLam-cwct v\O:froavc )ection by: Contact Name: itact Phone Number: 970-353-6100,Ext. 3555 )y of this inspection was: U _ tures taken during inspection: VYes 0 No IDEPARTMENT 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 March 23, 2004 Mr. & Mrs. Joe Castro PO Box 124 Roggen, CO 80652 Subject: VI-0400073, Lots 15-16, Block 1, Roggen, Weld County, Colorado Dear Mr. & Mrs. Castro: 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 I "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: The"Noncommercial Junkyard" consisting of derelict vehicles, appliances and miscellaneous debris shall be restored, removed or completely screened from all adjacent properties and public rights-of-ways. 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. 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. Mr.&Mrs.Joe Castro Page 2,VI-0400073 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. 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 23, 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, 4 Bethany Salzman • Zoning Compliance Officer pc: VI-0400073 Department of Planning Services Bruce Barker, County Attorney • a Kr; 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 ik Phone (970) Fax: ( 70) 30 6498 Fax: (970) 304-6498 COLORADO March 16, 2004 Mr. & Mrs. Joe Castro PO Box 124 Roggen, CO 80652 Subject: VI-0400073, Lots 15 -16, Block 1, Roggen, Weld County, Colorado Dear Mr. & Mrs. Castro: 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 and appliances. During an inspection conducted on March 11, 2004, the following vehicles and items were noted: Blue Tempo, Brown Van, White Dodge Shadow, Pick-up with a Blue car on top, Green car and a Blue Station Wagon. Additionally,on the North side of the structures at least one appliance was noted. In the Agriculture Zone District,such as Roggen, a"Noncommercial Junkyard"is a'Use Allowed by Right'; however, it shall be screened from all adjacent properties and public rights-of-ways. 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,eltoktitan Bethany Salim' Zoning Compliance Officer pc: VI-0400073 Department of Planning Services • SERVICE,TEAMWORK,INTEGRITY,QUALITY 0 AV� Weld County Department of Planning Services Wine. Report 0 1555 N. 17`h Avenue COLORADO Greeley, CO 80631 ate of Inspection: b3'\\-OL\ :rmit/CaseNo.: \JS..."0-kline operty Owner 2Name:CZZArnt . - 6t l t �.yp ddress: k,a, pon a visual inspection of the property listed above,the following items were )ted: Mlal i V, (112.N.011C 4 'JcSitckcC) G)& LTej`cv4ADP\T—ldo7R) z fia.nn\Jnm( lat- Yl7\ }t-O3 .` ea>Su'AJrh ca d c 1C-VA t.J21,t)I lique CaarerrIcoPM•3c) Zip 3 \( 1-c ©Gat-u n c.air O-bui Simon gcn (n&Z3ic) N-*iarxa, kloot , Skur (34..k • U tspectionby: 1 ContactName: It an ontact Phone Number: 970-353-6100, Ext. 3540 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5032886 Parcel#: 130106009003 Tax Area:2448 Bordering County: Acres: 0 Township Range Section Ouart. Sec. Subdivison Name Block#Lot# 02 - 62- 06 -0 ROGGEN - 1 - 15 Owners Name&Address: Property Address: CASTRO JOE LUIS&ERIBERTA Street: P 0 BOX 124 City: ROGGEN, CO 80652 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description 5602 L15 BLK1 &N100'&E2'OF S50' L16 ROGGEN Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Square Feet 6350 Land Subtotal: 635O $1,588 $13O Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $122,739 $9,77O Total Property Value $124,327 $9,9OO Building Details Account#: R5032886 Parcel#: 130106009003 Owners Name&Address: Property Address: CASTRO JOE LUIS&ERIBERTA Street: P O BOX 124 City: ROGGEN, CO 80652 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 1918 Exterior: Frame Masonry Veneer HVAC: Forced Air http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13010... 03/16/2004 Identify Results Page 2 of 2 Interior Finish: Drywall Built As SQ Ft: 1350 # of Baths: 1 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 6 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: 1350 Finished SQ Ft: http://maps.merrick.com/W ebsite/W eld/setSgl.asp?emd=QUERY&DET=PP&pin=13010... 03/16/2004 Identify Results Page 1 of 2 • WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5032986 Parcel#: 130106009004 Tax Area: 2448 Bordering County: Acres: 0 Township Range Section,Quart. Sec. Subdivison Name Block# Lot# 02 - 62 - 06 - 0 ROGGEN - 1 - 16 Owners Name &Address: Property Address: CASTRO JOSE LUIS Street: P O BOX 124 City: ROGGEN, CO 80652 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Receptlpn 6/20/1989 $1,500 02190207 Legal Description 5603 550' L16 BLK1 EXC ET ROGGEN Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Commercial 2135 Square Feet 1150 Land Subtotal: 1150 $288 $80 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Commercial Improvements Subtotal: $6,386 $1,850 Total Property Value $6,674 $1,930 Building Details Account#: R5032986 Parcel#: 130106009004 Owners Name&i Address_ Property[Address: CASTRO JOSE LUIS Street: P 0 BOX 124 City: ROGGEN, CO 80652 Building# Property Type 1 Commercial Individual Built As Detail Built As: Light Commercial Utility Year Built: 1916 Exterior: HVAC: Space Heater http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13010... 03/16/2004 Identify Results Page 2 of 2 Interior Finish: Built As SQ Ft: 600 # of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13010... 03/16/2004 �.Prc ael Table Maintenanceyr _.a .fir :. ,�.k..._. ._ . Parcel Na:ji3Oi OS O.09-003' �E �A�lt Key G20206'CT Primary Address General Information No Dir1'S heel Name ' Ciryld'ROG 503 FRONT ST Lot Frac ,Select An Address ` :� 0.00 ' Acres 0,00 jSdus' Zoning: f 1 i ( Census Tract Ceh Block Fen v Owner Inforaiat i I X Co rd:j Y Coord Leval Dud ration Name'jCASTRO JOE LUIS & ERIBERTA 5602 L15 BLK1 &N100'&E2 OF S50 L768OGGEM 'Address 1:IP 0 BOX 124 ass 2'ROGGEN CO Address 3 E . Address 4;1 A' (80652 Use Code z l Phone 1: TRA 2MB Exempt r Phone 2 _+ Notation. StatusACT1YE �1 Govs Dam'! �:i,ParcetTablo'taintenance ' '-,,. '�' Parcel Na 11301-I 9003 G-U-0 - Alt Key '620206 � Primary Address£ No Oir r Street N city id: ROG 503 FRONT ST Fract Select An Address ( .. . . ., . , 6 hea 0.00 . Aries 0.00 Sites Zrr j .. I. Gensus,Trad� Block. Primary Owner-- '.- aimn X Cobrd I 'Coord Leval Qesctibtion Name IcASTR0 JOE LUIS It ERIBERTA 50t7 L15 BLK1 &N1011 &E2'OF S50' L16 ROGGEN J 1 Address :IP O BOX 124 Address 2'ROGGEN CO Address 3 Address 41 i Zip 180652 UseCode:� J { Phonel; TRA: 2448 Exempt Notation . r - j� i l I \I I\ , I \ I \ \ ti I i I I ti ' �' ' 1301-06-0-09-003 ' i i I coI i � 6k , n IL �,\1\ I \ ii �� j �1 ,i I6i....51.1 4 , n1 I I Isc..„, , , y , ,' , i1 , sl sov:,..i. „I.\ v_f-- i-, 1 lop 1 , ____ ________.,_L__.__.-________ 1 L __t_ _. cik_u_-)-/- r_____.L____._,_i _ __._L_______________L_ Front Street J 1301-06-0-09-004 cp.el-VP ci\C? n\Ian ��_ :*Th P\cx.4 Pi bull car ts-n. 0 — OD f �.. Le,,,- „ c5\ S1/4-ckkA ts \ u%oar CL1/4 Z3-1 F city -f() qr DEPARTMENT OF PLANNING SERVICES I61 Code Compliance Division D 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: D. ZONING CODE COMPLAINT 0 Staff/Name: X Citizen 0 Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): L1 Abtkb LQ \F r �Q /ANIMAL CONTROL Phone Number(If(known): at- coE - \ o-c)V ❑ BUILDING CODE COMPLAINT k t*0 i'j ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: a 31 e-! Pending Case#(i.e.USR,RE,SE, ect...): . (X pp r \-b . � 6- tmk- Legal Description: L1D-V \6 em\DU \ and `F1f- � \ "X Parcel#: \.9J\- D"�• �J�l .��\tto-� t Q O \'OV Up'O-��1freak G Violation Address: ..if' It'5nj ti.7C Property Owners Name: CAMNAX131 1.1 CS ti E&tienta Phone: Property Owners Address: 9D Lek ‘46-‘, 2,(o(j(Un t Co atorbt Tenant's Name: cJ Phone: Tenant's Address: ct NATURE OF COMPLAINT: �Z AP,11(X. Complaint Referred To: Date: Complaint Referred To: ( Date: �" ��' Additional Notes: --f ' Ct* � crsit N( L ' t-ni �..un&z-ti-ai a NO -V-IV C3YI ` V`dcAIlN. ''••6666... a , rr.it 76 AdassimarA VI-0400073 Castro ,••' _ ;•Z = \ .• • ,•'' 1301-06-0-09-003 En = M1E\ ,•• at LEM L Lam-'s______.66666666666666666666666. ........................ Front St 66666666 • .i : 1 ... . j? - 0 1 i Ai, s i tit A I vi 1/41 ". t-ni ` ;3 5�98 ,HY r .laismeaenalrasAma - .�.�s�_- ,- f\-/N/ COLORREJO \/ ` Z •\\•/ N* /N: N/ Ni\/\/ 78Pt.--; N/ A �\ /IN N /_N N / it X4 Hello