HomeMy WebLinkAbout20031883.tiff Weld Count/ P:0"n " Ulepnrtnent
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CORRESPONDENCE RESPONS .•(,„,,
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pepartment Head Signature
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cf#: a WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY, CO 80632
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1pe
WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
July 1, 2003
Bill Beisner
2870 175th Avenue
Erie, CO 80516
RE: Letter of June 2, 2003
Dear Mr. Beisner:
This letter is in response to your letter of June 2, 2003, concerning a complaint about the
activities of Art Kohn on property he owns or occupies.
The case against Mr. Kohn is at the stage where a default judgment has issued, but Mr.
Kohn continues to defy the Court's orders contained therein. A copy of the default
judgment is enclosed. We have set the matter with the Court for August 21, 2003, for the
Court to consider issuing a contempt citation. The contempt would be for violating the
Court's orders and has the possible penalty of a sentence in the Weld County Jail.
Your letter also asks about a possible change of operating hours for the Front Range
Landfill. I have forwarded your questions to Monica Mika, Director of Planning
Services, for her to answer.
Please feel free to call me at (970) 356-4000, ext. 4390, if you have any questions or wish
to discuss.
Sineerily,
. Barker
Weld County Attorney
Enc.
cc: Monica Mika
Rob Masden
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Avenue,P.O. Box 2038, _
Greeley, CO 80632
Phone Number: (970, 351-7300
•
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Petitioner,
v.
ARTHUR KOHN, A FOR COURT USE ONLY
Respondent.
Lee D. Morrison, Assistant Weld County Attorney
915 Tenth Street
P.O. Box 758 Case Number: 02-CV-1164
Greeley, CO 80632
Division: I
Phone Number: (970) 336-7235-7235
Fax Number: (970) 352-0242
E-Mail: Lmorrison@co.weld.co.us
Attorney Registration#8067
MOTION FOR DEFAULT JUDGMENT
COMES NOW the Petitioner,by and through its attorney, Bruce T. Barker, Weld County
Attorney, below-named, and respectfully moves this Court to enter default judgment in this
action, and in support of this Motion, states as follows:
1. The Petitioner brought this action against the Respondent pursuant to Rule 65,
C.R.C.P., to prohibit the Respondent from using, maintaining, storing, or occupying, or allowing
the use, maintenance, storage, or occupancy of an illegal non-commercial junkyard and number
of animal units without first complying with State statutes and the Weld County Code.
2. That service was made upon the Respondent,Arthur Kohn, on September 16,
2002 by the service of the Summons and a copy of the Verified Complaint for Preliminary and
Permanent Injunction, and a copy of Lis Pendens.
3. The Respondent have neither pled nor otherwise defended as required by the
Colorado Rules of Civil Procedure.
4. That venue is proper herein in that the subject property is within the County of
Weld, State of Colorado.
WHEREFORE, Petitioner prays that this Court enter default judgment against the-
Respondent, Arthur Kohn,for the property listed in paragraph 3 of the Verified Complaint for
Preliminary and Permanent Injunction filed herein and that costs of service of the Summons and
Order in Default be assessed against Respondent.
Further,that the Respondent, his agents, servants, employees, licensees, guests, and those
acting in active concert with him be permanently enjoined from using, maintaining, storing, or
occupying or allowing the use, maintenance, storage, or occupancy of the illegal non-commercial
junkyard and number of animal units located on property described as Lot 6,Ranch Egg, Inc.,
Subdivision, a Subdivision of Weld County, Colorado, also known by street and number as 2790
175th Avenue, Erie, Colorado 80615, unless and until the Respondent first complies with the
County Code by submitting and having a screening plan approved by the Department of Planning
Services and installed around the non-commerciaI junkyard or to have the non-commercial
junkyard enclosed in a building and by reducing the number of household pets to coincide with
the number allowed, or, in the alternative, that an Order enter requiring the non-commercial
junkyard be removed from the property and by obtaining a Use by Special Review for a kennel.
Respectfully submitted,
BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF WELD, STATE OF
COLORADO, Petitioner
BRUCE T. BARKER
WELD COUNTY ATTORNEY
By: ✓ /i
D. MORRISO i #8067
As istant Weld County Attorney
CERIDICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing MOTION
FOR DEFAULT JUDGMENT wasplaced in the United States mail, postage prepaid, addressed
to:
Arthur Kohn
2790 175 th Avenue
Erie, CO 80516
DATED this/Le y oft,*a ,2003.
J S
Mr. Robert Madsen
Weld County Commissioners
P.O. Box 758
Greeley, Colorado 80632915 June 2, 2003
Dear Mr. Madsen
I would imagine most of your Weld County mail from constituents would either be
asking for something or complaining. I have one of both but I also want to mention in
this letter my satisfaction in dealing with the "Weed Control" division of the Weld
County Public Works Department. Both Ron Broda and Tina Booton were instrumental
in controlling Russian knapweed on my property. I hope they can be successful in
controlling the spread of all noxious weeds in the county.
My complaint is summarized in the attachment. It would be best to read it now and note
the date the original complaint was made. I should note that all the Weld County
personnel mentioned in the summary were sympathetic with my problem and some went
to great length explaining laws and regulations. If you consider we did not file a
complaint with Weld County for approximately two to three years after we were bothered
and the official complaint is now about two years old—that is why I am asking for your
help. The problem is naturally greater in the summer when we try to sleep with the
window open and I can see another summer coming without any relief Would you
please see why/where this process breaks down. If there is any way I can be of any help
to you in this effort please call. I'm tired of trying to sleep with my head under the
pillow!
I am asking for your help with the following. On May 8, 2003 both Edward Nester and
Steve Hisel of Republic Services Front Range Landfill made a presentation to the
Executive Board of Ranch Eggs Neighborhood Association (RENA). One of the changes
they were requesting of city/county/state regulators was a change of hours of operation
from 6:00 a.m. to 8:00 p.m. to 24 hours per day and 7 days a week. RENA members are
close neighbors of the landfill and some of us can set our clocks when we hear the
backup alarms at the landfill at 6:00 a.m. This noise pollution would be hard to take 24
hours a day and 7 days a week. I am asking for your help in stopping any Weld County
approval of any change in operating hours of the landfill.
Again, if I can be of any help please call.
Bill Beisner
2870 175th Avenue
Erie, CO 80516
Phone: 303/666-7242
t.
SUMMARY — Complaint about barking dogs against Art
Kohn
Aug. 28, 2001 —Called Weld County Sheriff Talked to Gary. Told him my neighbor,
Art Kohn, had rented some of his property to a person, Herman Gustin, who sold dogs.
These dogs were barking a lot at night and I wanted to see if this noise could be stopped.
lie told me Weld County did not have an ordinance about barking dogs but maybe I
should contact Betheney Sallsman of Weld County Planning Services.
Aug. 30, 2001 —Called Betheney. She would send Art a letter today. Said she would
keep me informed if 1 used my name on complaint— which I did. (Believe complaint was
to be "kennel without USR")
Aug, 26, 2002 — Seeing no action I then called Weld County, Phil Brewers. He indicated
Art is to get papers next week to ten days to appear in court for(1) noncommercial
junkyard and (2) kennel without USR. He said this was referred to District Attorney June
4th and Lee Morrison was to handle the case.
Aug. 27, 2002 —Called Lee Morrison. He confirmed what Phil Brewers said.
Sept. 3, 2002—Called Ron Broda to inform him of this action and requested his help by
making sure noxious weeds be included in any clean-up of property. (this by phone mail)
Sept. 3, 2002 —Called Betheney again. She is going to send "Animal Control"to Art's
place again. Said to call back in a month.
Oct. 4, 2002 —Called Betheney again. Left phone mail message and she called me back
October 10 saying Art had been served.
Jan 22, 2003 — Talked to Betheney and she said Art is to be called before a judge. This
could be in a month or two. Betheney explained to me what alternatives Art would have.
March 7, 2003—Called Betheny and left voice message to call. She returned my call
March 14 and said Art has yet to be served because he is seldom home. They (County
Attorney Server) were going to give papers to sheriff to serve— maybe this evening.
May 20, 2003 —Called Betheney again and left message to call back. She returned my
call May 23d and said Art had yet to be served. She said the Sheriff had been there
several times and were not successful is serving the papers. Betheney mentioned the
Sheriff had been to Art's place during one of the snow storms and could not find any
evidence of activity. (like footprints) My observation—Art got his truck stuck in the
snow by our house during the first snow storm and he was out shaking the snow from his
trees during the second snow storm.
Hello