Loading...
HomeMy WebLinkAbout20041375.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING VIOLATION VI #0300308 AGAINST LEOPOLDO AND LULU JAQUEZ 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, Leopoldo and Lulu Jaquez,VI#0300308,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 22nd day of June, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Leopoldo and Lulu Jaquez 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 Leopoldo and Lulu Jaquez 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. 2004-1375 PL0824 CC' PL G2 VI 0, e4 � ? -aa -0 ci VIOLATIONS - VI #0300308 - LEOPOLDO AND LULU JAQUEZ PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 22nd day of June, A.D., 2004. BOARD OF COUNTY COMMISSIONERS E,La W LD COUNTY, COLOR DO T: "4 & MI , kp Robert D. Masden, Chair ou "`i� rk to the Board --C---t—7-‘1 �' O,7 6 C ,if 11v - William H. rke, Pro-Tem Deputy Clerk to the Board a .2 Qu>2 AP OV ASTti C7r� Davi /E�. Long 1 un torn by XPa �`el Gle n Vaad Date of signature: ©4 2004-1375 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Leopoldo & Lulu Jaquez Violation: VI-0300308 Address: 3721 Yosemite Drive, Greeley, CO 80634 Legal: Lot 14, Block 5, Hill-N-Park subdivision, 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: 0959-26-4-02-001 Zoning: R-5 (Residential) Certified mail date: April 22, 2004 Received: May 3, 2004 (returned unclaimed) Currently the property is in violation of Chapter 23, Article 111(3), Division 2 of Sections 23-3-150, 23-3-150.B, 23-3-150.0 and 23-3-150.D 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 10, 2003 Initial complaint received. October 28, 2003 Initial inspection completed. November 6, 2003 Five day compliance encouragement letter issued. November 12, 2003 Property inspected. Property remains in violation. November 17, 2003 Violation letter issued. March 30, 2004 Property inspected. Property remains in violation. April 22, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2004-1375 Mr. & Mrs. Jacquez Page 1 of 2, VI-0300308 6 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 C Phone (970) 353-6100, Ext. 3555 3 O Fax (970) 304-6498 • COLORADO April 22, 2004 Mn & Mrs. Leopoldo Jaquez 3721 Yosemite Drive Hill-N-Park Greeley, CO 80634 Subject: VI-0300308, Lot 14, Block 5, Hill-N-Park Sub, Weld County, Colorado Dear Mr. & Mrs. Jaquez: 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.B "Uses Allowed by Right." Section 23-3-150.O "Accessory uses." Section 23-3-150.O "Uses by special review." DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); or is partialiy or totally dismantled; or has all or portions of its body work missing or is substantially damaged; or is not registered with the State of Colorado, as required by Section 42-3-103, CRS, or by Sections 42-3-138 or 42-12-102, CRS, and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, CRS; 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, CRS. This definition shall not include; implements of husbandry, farm tractors, or vehicles customarily operated in a FARMING operation. 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. 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. Jacquez Page 2 of 2, VI-0300308 To bring the property into compliance: The "Noncommercial Junkyard" consisting of derelict vehicles and trash shall be removed from the property. In a Subdivision, such as Hill-N-Park, a "Noncommercial Junkyard" is not an allowed use. 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 andior 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 Salzman Zoning Compliance Officer pc: Vl-0300308 Department of Planning Services Bruce Barker, County Attorney U.S. Pasta!Service. o CERTIFIED MAIL. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) rR F r delivery int•rmati• visit ur we•site at www.us•s.c•rn® o- n"_, e" li _fx`. ikS 4P, pp 3 t r` i� c> =M4 .$ Si Er- to Postage $ nJ Certified Fee Po Return Rede Fee Here erk (Endorsement Required) o Restricted Delivery Fee a (Endorsement Required) O Total Postage&Fees $ m p Sent To o MR. & MRS. LEOPOLDO JAQUEZ M1 Street,Apt.No.; orPO Box No. 3721 YOSEMITE DRIVE HILL-N-PARK City,State,ZIP+4 GREELEY CO 80634 PS Form 3800,June 2002 See Reverse for Instructions • • • 6 Weld County Department of Planning Services Inspection Report 1 1555 N. 17`h Avenue }. ��� Greeley, CO 80631 DO • Date of Inspection: ' '3-‘1 Perrnit/Case No.: \': \ 4, (,,. r:>T- • Property Owner Name: _. - Address: •"' • Upon a•visual inspection of the property listed above,the following items were noted:•• l `)i t o t`.(, LA -J ) it2e- • • 6 • • Inspection by: ContactName� Contact Phone Number: 970-353-6100.Ext. 3540 Copy of this inspection was: 0 Left on site Mailed on: `t-7?O4 • Pictures on file: Yes 0 No f VII D 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 17, 2003 Mr. & Mrs. Leopoldo Jaquez 3721 Yosemite Drive Hill-N-Park Greeley, CO 80634 Subject: VI-0300308, Lot 14, Block 5, Hill-N-Park Sub, Weld County, Colorado Dear Mr. & Mrs. Jaquez: 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 2 "Residential Zone Districts" Section 23-3-150 "R-5 (Mobile Home Residential) Zone District." Section 23-3-150.8 "Uses Allowed by Right." Section 23-3-150.C "Accessory uses." Section 23-3-150.D "Uses by special review." DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); or is partially or totally dismantled; or has all or portions of its body work missing or is substantially damaged;or is not registered with the State of Colorado, as required by Section 42-3-103,CRS, or by Sections 42-3-138 or 42-12-102, CRS, and/or the number plate assigned to it is not • permanently attached to the vehicle, as required by Section 42-3-123,-CRS; 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, CRS. This definition shall not include; implements 0ntsbandry, farm tractors, or vehicles customarily operated in a FARMING operation. 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. 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.Leopoldo Jaquez Page 2,VI-0300308 To bring your property into compliance with the Weld County Code: The"Noncommercial Junkyard" consisting of derelict vehicles and trash shall be removed from the property. In a Subdivision, such as Hill-N-Park, a "Noncommercial Junkyard" is not an allowed use. Additionally, it has been brought to our attention that you are possibly operating an auto repair facility. In order to conduct this type of activity, a special permitting process may apply. For questions, I would suggest that you speak to one of our"On-Call"Planners. We have to locations open to the public. Our main office is located at 1555 N. 17th Avenue, Greeley, Colorado. Where,we have an"on-call"planner,Monday or Wednesday from 8:00 a.m.-4:00 p.m. or Friday from 12:00-4:00 p.m. Our other office(the Southwest Weld Office)is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, a planner is available Tuesday or Thursday from 8:00 a.m. --4:00 p.m., excluding 12:30-1:30. You do not need to call to schedule an appointment, because individuals are seen on a sign in basis. To better serve you. please bring this letter with you. 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 17, 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-0300308 Department of Planning Services Bruce Barker, County Attorney N. 1,V . Weld County Department of Planning Services Inspection Report WLLC 3555 N. 17th Avenue COLORADO Greeley, CO 80631 Date of Inspection: ;, Permit/Case No.: -' ' • • • Property Owner Name: . .. . . . , . . Address: • ,( + • _r • • Upon a visual inspection of the property listed above,the following items were noted: I. • • • Inspection l Contact Name: p y: .Wk'�.� -i'tcun Contact Phone Number: 970-353-6100.Ext. 3540 • Copy of this inspection was: 0 Left on site Mailed on:- Pictures on file: AYes 0 No • 6 DEPARTMENT OF PLANNING SERVICES Code Compliance Division Websiss WWW.CO.WELD.CO.US WEweld c .us E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3555 Fax: (970) 304-6498 Ci COLORADO November 6, 2003 Mr. & Mrs. Leopoldo Jaquez 3721 Yosemite Drive Hill-N-Park Greeley, CO 80634 Subject: VI-0300308, Lot 14, Block 5, Hill-N-Park Sub, Weld County, Colorado Dear Mr. & Mrs. Jaquez: 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, trash and miscellaneous debris. Additionally, it has been brought to our attention that vehicles are being painted and repaired on the site. This type of use creates both a Zoning and Health concern. Regarding Zoning,within the boundaries of a property zoned R-5 (Residential), such as Hill-N-Park is zoned,this type of use is not allowed through the Weld County Code. 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, ()pc Bethany Salzman Zoning Compliance Officer pc: VI-0300308 Phil Brewer, Environmental Specialist Trevor Jiricek, Director, WCDPHE Department of Planning Services Department of Public Health and Environment SERVICE,TEAMWORK,INTEGRITY,QUALITY Bethany salzman Re_Fwd: Code Probi Page 1 From: PHIL Brewer To: salzman, Bethany Date: 11/05/2003 3:25PM Subject: Re: Fwd: Code Problem Beth: The letter is "fine." Send it off! PhilB >>> Bethany Salzman 10/29/03 04:06PM >>> Please see the attached letter and make any necessary additions. Thanks Bethany Salzman Zoning Compliance Officer Weld County Department of Planning Services (970)353-6100 Ext. 3555 bsalzmam@co.weld.co.us Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R2689086 Parcel#: 095926402001 .aa..wn ares^.�a„moaamx vxwvi wwrax - flvnwawMaalt neauvw:. S v�mawerrnw.;>m 0<e#M1Y w •,ucaaew a Tax Area: 0634 Bordering County: Acres: 0 Township_Range Section Quart. Sec. SubdivisonName Block# Lot# 0 5 - 66 - 26 - 4 -- `- HILL NPARK - 5 14 Owners Name &Address: Property Address: JAQUEZ LEOPOLDO & LULU Street: 3721 YOSEMITE DR WELD 3721 YOSEMITE DR City: WELD GREELEY, CO 80634 Business/Complex: .. .. Sales Summary Sale Date Sale Price Deed Type Reception # 8/6/2001 $102,900 WD 2890462 Legal Description HP5-14 L14 BLK5 HILL-N-PARK SUB SITUS: 3721 YOSEMITE DR WELD 80634 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Site Land Subtotal: $30,000 $2,390 Buildings Valuation Summary # Property Type Assessed Bldg# P Y Actual Value Value 1 Residential Improvements Subtotal: $9,054 $720 Total Property Value $39,054 $3,110 Building Details Account#: R2689086 Parcel#: 095926402001 Owners Name&Address: Property Address: JAQUEZ LEOPOLDO & LULU Street: 3721 YOSEMITE DR WELD 3721 YOSEMITE DR City: WELD GREELEY, CO 80634 Building# Property Type 1 Residential Individual Built As Detail Built As: Detached Garage Year Built: 1992 Exterior: Frame Hardboard HVAC: None http://maps.merricic.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09592... 10/29/2003 Identify Results Page 2 of 2 • Interior Finish: Built As SQ Ft: 418 # of Baths: Roof Type: # of Bdrms: Roof Cover: #r of Stories: 1 Rooms: Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: • http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09592... 10/29/2003 • x, Permit N. IVI.030030B Address:13721 VOSEt.tITE L'R NIL Status: ICOMPLNT APPLICANT:IJAQUEZ LEOPOLDO I.LULU • NZT 1120 ✓ tf n'.Ca OK Desc Screen People Doc Cord L!}L In:p Ar 1.,.•. ht Site Uptat2 4[ Extr eack • Parcels Parcel No: U359-26•4•G_•001 Owner JA.ULIEZ LEOPOJLDO&LULU T People - x :.,_.%T r: Status: t_OMPLNT. I� Written Bo: BJS r �niAng 12'6 05 6E De_:cription: Auto painting and repair Location: 321'r•o:en;rte Drive Ng11•N•Park Zoning Dist: F;-5 Inspection Area Fr— Permit N urn: App Type. VI J IBCd=BLDNG VIC1,VI.ZONING\/IO,WC' _'.'/EL('VIU"bcv Clasi Code: ':VI 1 II_,E NOT/LLO't'aEL Complaint: 10/10'2003 Vt � '_._'.__ Ind. I 5 Day Letter: 1ir:•_9.- i i0 3 Init: B,!S I:sued. _/ • • _ Inspection: 10.2ar26 I:: Init. Phil Bre BCC'••rro _!_' hut. 1 Court ' Init. I Closed BCV. _'_ Ir•dt: [Io.:ed 14 I X;I r Permit N. [0-0300308 Address:I3721 YOSEMITE DP NIL Status: ICOMPLNT APPLICANT:IJAQUEZ LEOPOLDO t:.LULU Date: 10/2912003 E:;..► lop i • • E Lci) ve „o OK Desc I Setter People Poc Cond LIHIN In>p Apr Loc L:-1.;tr —1vJ x l • Site I ip4at2 Eru Back Parcels Parcel No 09532'6.4.02.001 Owner. .•Lr.t31_IEZ LEOPOLDO&LULU r People Status: ICOMPLNT Written By: BJS Sec1T' Piro. 126 05 66 Description: Flr:;l't' Auto painting and repair Location 3721 Yosemite Drive Hill-N•Park Zoning Dist: P-5 Inspection Area '7 3 Permit Hum I App Type• '•:'I _] (BI2V=BLD AD.VI-ZONING AO.WCWw'ELD 4'IO"bcv •'Al Class Code. 1T1 USE NOT ALLOWED Complaint- 10/10?2003 Init. JBJS NO VI L/_:__ Init I 5 Day Letter. 10/2912003 'nit: EJS Issued: Inspection 10/.28/201_13Init: Pail 8 e BCC Vin. Init. I Court. Init. I Closed BI=V. __ i� Irdt: CIr_':ed'•;i. U_/ __ lriit 1 t6Thirl":36 DEPARTMENT OF PLANNING SERVICES Code Compliance Division O 1555 N. 17th Avenue, Greeley, CO 80631 „g_ Phone: (970)353-6100, Ext. 3540 \ , ' L' L� Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: )Q ZONING CODE COMPLAINT , Staff/Name:Ofl V V-AC,x g'a'b Citizen 7 Other: ';IC. HEALTH DEPARTMENT Citizen's Name Of'mown): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLALNT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: TA Pending Case#(i.e. USR,RE, SE, ect...): {{- Legal Description: 'I .�Lk, ��C' .'t R-til l����''c-ireWitt-Jl),A7 Parcel#: L 1 S:t 2lc- t\' ( )z ` Fr' Violation Address: NC`_lsc :'-kl . \ 'w Property Owners Name: yylj kR \.l Lcx-Vtl f__ L 1,, Phone: t. Property Owners Address: ._.._._...._.... . _...- _...._ ta-tf u ( t-. c Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: Al‘C Leo`A"li,Cvt). i'vC,1+51'lr A,'QV'Z+(1L Ir ) " Sveetu t-c 0-L.C"") C\uthc (r>;i'litt Complaint Referred To: Date: Complaint Referred To: Date: Additional Notes: • 111111 11111 HUI li 1111111�I IIIII111���11111 Iii!liiI IBof 1 2 815.002001. 03:45P D 18.29 WeldJA Sukl County CO kamoto 462 WARRANTY DEED LIC5sgV Z/101 THIS DEED, Made this 5th day of August , 2001. IN 30� PIA -2 between CMH, Inc., a Corporation of the County of Weld and State of Colorado grantor,and Leopoldo Jaques and Lulu Jaques whose legal address is 3721 Yosemite Drive, Greeley, CC 80634 of the County of Weld and State of Colorado ,grantees: WITNESS.That the grantor for and in consideration of the mm of ONE HUNDRED TWO THOUSAND NINE HUNDRED Ala NO/100 DOLLARS,(5102,900.0C ).the receipt and sufficiency of which is hereby acknowledged.Las granted,bargained,sold and conveyed,and by these presents does grant.bar- gain,sell convey and confirm,unto the grantees,their heirs and assigns forever,not in tenancy in common but in joint tenancy, all the real property together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado,described as follows: Lot 14, in Block 5, Hill-N-Park, County of Weld, State of Colorado also known by street and number as 3721 Yosemite Drive, Greeley, CO 80634 TOGETHER with all and singular the hereditarnents and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and ail the estate,right.title,interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditanents and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,their heirs and assigns forever. Arad the grantor,for himself,his heirs and personal representatives,does covenant,grant.bargain and agree to and with the grantees,their heirs and assigns,that at the time of the unsealing:Ind delivery of these presents,he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,and has good right full power and lawful authority to grant,bargain.sell and convey the same in manner and form as aforesaid,and that the sane are free and clear front all former and other grants,bugains,sales, liens, taxes,assessments, encumbrances and restrictions of whatever kind or nature soever, except far taxes for the current year,a lien but not yet due end payable,easements,restrictions,reservations,covenants and rights-of-way of record,if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargainedprernises in the quiet and pevreable posses- sion of the grantees,their heirs and assigns.against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor bas executed this deed on the date set forth above, CMH, I Corporation Mike Jansen, Gen al Manager STATE OF CCLO - ) Q'm! fA(f 1 ss, COUNTY OE 1,:_....... ,9� ) The foregoing strtapghw,�s aclnow}ed d before are this 6th day of August 2001,by Mike J sgn JN blarrl1 Ma ger of CMH, Inc„ a r^t z'a` corporation BELDEN Ttnnc-5s - N+. l My Conmissi s: August 9 2003 Witness my hand and official seal, 1......... ... O O, 3" ta1 care F�f ..... \��� (r Notary Public Kelly L. Belden WARRANTYDEED(b Salmi Tenants)rtsNenwl Flex UO5stlm1Aa1 1 \ \ 1I 2J. ' g _ - A . , P .r -�- RCS _rrvw at. �-- .. ! T " _ ` _s ` ter . -1 • , - 1 Els% i .. - ' p -"t; pry ' _ _ . I r- . -, .. ' - - - t,le,`/ . n . • ,i i1 -.._ -: - .. Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Leopoldo & Lulu Je. tuez Violation: VI-0300308 Address: 3721 Yosemite a, e, Greeley, CO 80634 Legal: Lot 14, Block 5, Hi'. -N-Park subdivision, Weld County, Colorado Location: North: Residential, City of Evans South: Residential, City or Evans East: Residential/light Ag. :culture, City of Evans West: Residential, City of I:vans Parcel Number: 0959-26-4-02-001 Zoning: R-5 (Residential) Certified mail date: April 22, 2004 Received: May 3, 2004 (returned) May 11, 2004 May 21, 2004 (hand delivered) May 11, 2004 May 24, 2004 (returned) Currently the property is in violation of Chapt r 23, Article 111(3), Division 2 of Sections 23-3-150, 23-3-150.B, 23-3-150.C and 23-3-150.D of t! ≥Weld County Code. REMEDY To bring the property into compliance the dere .ct 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 10, 2003 Initial complaint received. October 28, 2003 Initial inspection completed. November 6, 2003 Five day compliance encouragement letter issued. November 12, 2003 Property inspected. Property remains in violation. November 17, 2003 Violation letter issued. March 30, 2004 Property inspected. Property remains in violation. April 22, 2004 Letter sent to property owner indicating that the violation case was scheduled • before the Board of County Commissioners. May 3, 2004 Violation Hearing notification letter returned as "Attempted Not Known". r/ Mr.&Mrs.Jaquez Page 2,VI-0300308 May 10, 2004 Property inspected. Property remains in violation. May 11, 2004 The Board of County Commissioners continued case to June 22, 2004. May 11, 2004 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. May 21, 2004 Property inspected. Property remains in violation. May 21, 2004 Hand delivered Violation Hearing Notification letter. May 24, 2004 Received Violation Hearing notification letter"Not Deliverable a, ddressed". � { 3 i I tyi ' Weld County Department of f ' l Planning Services Inspection Report COLORADO 1555 N. 17 Avenue Greeley,CO 80631 Date of Inspection: 2A'.011 Permit/Case No.: = O CDN 8 �_ `1 (, .i �.( .l,l.k Property Owner Name• �. C��- t `"'��• a I .. Address: 1->f\1.Vc, Upon a(visual)(dn-sitel inspection of the property listed above, the following items were noted: .1 'r LACIc. u -�i(C1( .t (4cw i ( I k"�C t�4.:i... i� /16 a 1 on ka4 t' Cam{' l % d ,, Inspection by: ` '. _} Contact Name: t )--OACtI\ • Contact Phone Number:970-353-6100,Ext. 3555 Copy of this inspection was: Pictures taken during inspection: ❑ Yes X,No • 1 Mr. & Mrs. Jacquez Page 1 of 2, VI-0300 Mit L'.. . JNING SERVICES ompliance Division CO.WELD.CO.US ll . = an@co.weld.co.us 3reeley, CO 80631 53-6100, Ext. 3555 _ ax (970) 304-6498 COLOR AI' May 11, 2004 Mr. & Mrs. Leopoldo ru 3721 Yosemite DrivrMIIIIIIIIIIMOIlla a _ Hill-N-Park N 7. Greeley, CO 80634 m "► ��. o- Q m Subject: VI-0301 NS co m - - -ooh m ru v o 2 m Dear Mr. & Mrs. Jaqu 0 r.:3oo t•.. — LJ J E O The property referen .V;,,, __ -- o W m Y 0 ''i heduled a meeting with the Boar .. a " o `° >: . >- a : nsider the violations occurring or w -= a oa r z m i ion of the following Section(s) Ci n - m = c� O1 Chapter 23, A P- ' Section 23-3-11', Section 23-3-1 ' 4o Section 23-3-1'I "' Section 23-3-15 m U DERELICT VEI vn power); or is par c, 19 or is substantial E .d by Section 42 m 1e number plate at C' Dy Section 42-3-12 `o >e unsafe or illegal g s.) ai th lamps and other E c . definition shall m > V� s nQ� s customarily open � Q NONCOMMER( ° A s �� or secondhand ma rd other metals, -or Tars A NONCOMMER( Z ' Mar T VEHICLES regi O Or tenant's name. — 3.8 JUNK: Scrap br 3; used cloth, rope s 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. Jacquez Page 1 of 2, VI-0300308 a DEPARTMENT OF PLANNING SERVICES Code Compliance Division WW W.CO.WELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us 17th Avenue, eley, CO 80631 C. 1555 N. Phone (970) ";G3 61(970) 3Ext. 3555 04-6498 COLORADO May��, 2004 Mr. & Mrs. Leopoldo Jaquez 3721 Yosemite Drive Nil I-N-Park Greeley, CO 80634 Subject: VI-0300308, Lot 14, Block 5, Hill-N-Park Sub, Weld County, Colorado Dear Mr. & Mrs. Jaquez: The property referenced above remains in violation of the Weld County Code. I hay.: scheduled a meeting with the Board of County Commissioners on June 22, 2004, at 10:00 a.m., ;o consider the violations occurring on the property. The above mentioned property remains in ' iolation of the following Section(s) of the Weld County Code: Chapter23, Article Ill, Div 2 "Residential Zone Districts" Section 23-3-150 "R-5 (Mobile Home Residential)Zone District." Section 23-3-150.B "Uses Allowed by Right." Section 23-3-150.C "Accessory uses." Section 23-3-150.D "Uses by special review." DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); or is partially or totally dismantled; or has all or portions of its bod/work missing or is substantially damaged; or is not registered with the State of Colora lo, as required by Section 42-3-103, CRS, or by Sections 42-3-138 or 42-12-102, C 'S, and/or the number plate assigned to it is not permanently attached to the vehich :lb required by Section 42-3-123, CRS; 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, CRS. This definition shall not include; implements of husbandry, farm tractors, or vehicles customarily operated in a FARMING operation. 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. 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 cdnduit 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. Jacquez Page 2 of 2, VI-0300308 To bring the property into compliance: The "Noncommercial Junkyard" consisting of derelict vehicles and trash shall be removed from the property. In a Subdivision, such as Hill-N-Park, a "Noncommercial Junkyard" is not an allowed use. 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, Bethany Salzman Zoning Compliance Officer pc: VI-0300308 Department of Planning Services Bruce Barker, County Attorney Hello