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Home My WebLink About20032067.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST THE VICENTE MARTINEZ LIVING TRUST, C/O VINCENTE MARTINEZ 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, Vicente Martinez, VI #0300104, 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 12th day of August, 2003, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Vicente Martinez 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 the Vincente Martinez Living Trust, do Vicente Martinez 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. 2003-2067 PL0824 VIOLATIONS - VI #0300104 - VICENTE MARTINEZ LIVING TRUST, C/O VICENTE MARTINEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of August, A.D., 2003. BO OF COUNTY COMMISSIONERS //]�� WEL OUNTY, COLORADO ATTEST: a� 20 D id E. Lo , Chair Weld County Clerk to the Board 3 ✓-/ Robed D. M n, Pro-Tem BY: Deputy Clerk to the Board -� ile F' ;,,... Jerke 1861 jaz_eitel \ Glenn Vaad Da' e: di 02/Cy' 2003-2067 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Mr. & Mrs. Vicente Martinez Violation: VI-0300104 Mailing Address: 15236 Hwy 52, Fort Lupton, CO 80621 Situs Address: 15123 Barley Avenue Legal: Lot 6, Block 66, Aristocrat Ranchettes, 2nd Filing, Weld County, Colorado LOCATION: Aristocrat Ranchettes is 2 Miles East of Highway 85, South of and adjacent to CR 18, West of and adjacent to CR 31 NORTH: Agriculture/Residential SOUTH: Fort Lupton Boundary/Industrial/Agriculture EAST: Agriculture/Residential WEST: Agriculture/Residential Parcel Number: 1309-27-3-17-003 Acreage: 1.16 +/-Acres Certified mail date: July 28, 2003 Received: August 4, 2003 Currently the property is in violation of Chapter 23,Article 111(3), Division 1 of Sections 23-3-20, 23-3-20.A, 23-3-30, 23-3-30.F and 23-3-30.1 and Chapter 29, Article VII(7) of Sections 29-7-10 and 29-7-30 of the Weld County Code. REMEDY To bring the property into compliance a building permit application shall be completed and submitted to the Department of Planning Services. The Noncommercial Junkyard shall be removed, restored or screened from all adjacent properties and all public rights-of-ways. RECOMMENDATION The Department of Planning Services that this case be referred to the County Attorney's Office for immediate legal action. CASE HISTORY May 6, 2003 Initial complaint received. May 6, 2003 Initial inspection completed by Weld County Animal Control. May 7, 2003 Additional complaint received. May 7, 2003 Property inspected by Building Inspection, Electrical Inspector and Health Department. May 13, 2003 Notice to comply issued by Jeff Reif. May 27, 2003 Additional complaint received. 2003-2067 Mr.&Mrs.Martinez Page 2,V1-0300104 May 27, 2003 Property inspected, remains in violation. June 3, 2003 Five day compliance encouragement letter sent. June 20, 2003 Additional complaint received. June 23, 2003 Violation letter issued. July 2, 2003 Complaint received. July 7, 2003 Complaint received. July 28, 2003 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. Inspection information Sheet VIOLATION: VI-0300104 STATUS: ISSUED DESCRIPTION: NCJY / Dangerous Bldg / Too many cats BASE INFORMATION: PARCEL NUMBER: 1309-27-3-17-003 LEGAL DESCRIPTION: 2AR66-6 L6 BLK66 ARISTOCRAT RANCHETTES 2ND FILING OWNER: MARTINEZ VICENTE & GERALDINE OCCUPANCY: LOCATION: 15123 Barley Avenue ARISTOCRAT RANCHE APP TYPE: WCV CLASS CODE: VI-2 ZONING DIST: AGRI INSPECTIONS: Item: 00404 TELEPHONE CALL Item: 00405 LETTER 05/13/2003 By: Jeff Rei Action: NO Comments: Jeff Reif(Building Official) sent a letter of corrections. 06/03/2003 By: BJS Action: NO Comments: Five day compiance encouragement letter issued. 06/23/2003 By: BJS Action: NO Comments: Violation Notification was issued. 07/28/2003 By: BJS Action: HR Comments: Violation Hearing Nofication was sent (certified- 08/12/03 @ 1000) Item: 00400 SITE INSPECTION 05/06/2003 By: BJS Action: INSP Comments: Property inspected by the Weld County Sheriffs Office, Animal Control. Gary Schwartz called me regarding the number of animals, condition of the structure, trash and multiple vehicles. 05/07/2003 By: BJS Action: INSP Comments: Fred SanMartin, Bob Trenary and Char Davis inspected the property. (See VI file for copy of inspection report) 05/27/2003 By: BJS Action: INSP Comments: Upon a visual inspection of the property, the following items were noted: tires, trash(burnt and not burnt-will turn into Phil), both mobile homes buckets, wood, furnature and miscellaneous debris. Additionally, the 3rd mobile home is still located out back. Item: 00406 OFFICE VISIT printed:August 7,2003 form:inspinfo Aer‘i DEPARTMENT OF PLANNING SERVICES Code Compliance Division W W W.CO.W ELD.CO.US Wine E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100 Fax (970)304-6498 COLORADO July 28, 2003 Mr. & Mrs. Vicente Martinez 15236 Hy 52 Fort Lupton, CO 80621 Subject: VI-0300104, Lot 6, Block 66, Aristocrat Ranchettes, 2`d Filing, Weld County, Colorado %% 15123 Barley Avenue also known as 15123 CR 16 °/,3`)/0 Dear Mr. & Mrs. Martinez: r The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on August 12, 2003, 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 23-3-20.A "One (1) Single-Family Dwelling Unit and Auxiliary Quarters per Legal Lot." Section 23-3-30 "Accessory uses." Section 23-3-30.F "Mobile Home subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-30.1 "Noncommercial Junkyard." Chapter 29, Article Vll(7) "Mobile, Manufactured or Factory-Built Home Permits." Section 29-7-10 "No mobile, manufactured or factory-built home, as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official." Section 29-7-30 "Connection of two mobile or manufactured homes for human habitation." To bring your property into compliance with the Weld County Code: As I have previously indicated, due to the failure to submit a building permit application, the 2 (two) mobile homes, which were joined together, have not gone through the building inspection process. Subsequently, it was brought to our attention that the condition of these mobile homes,in and of itself, will require excessive remodeling to be brought into a condition that is considered habitable. This aspect of the violation has 2 (two)avenues available to assist in bringing the property into compliance. • A building permit shall be obtained for all necessary remodeling,electrical work and the addition of the second mobile home to the first. • Both mobile homes shall be removed. Mr.&Mrs.Martinez Page 2 of 2, VI.0300104 The 3rd (third) mobile home shall be removed from the property. The"Noncommercial Junkyard"shall be removed, restored,or screened from all adjacent properties and public rights-of-ways. It is our understanding that a lot of the items have already been removed; however,as cleaning and remodeling occur,additional items will need to be removed as necessary. 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,$t,tibfktcyxksrrar-- d , C 0 ,y 6 6 0 Y Z `- = Bethany Salzman O a D Dpnt g �5 D L. Zoning Compliance Officer d - 1tt pc: VI-0300104 „ t s 9 d I Department of Planning Services -....k.___"EM- -9j.4 ,.f 1 ° I Bruce Barker, County Attorney z �Od ❑ ❑ ❑ Ic a U.S. Postal Service a 2 m a, 2 -2 3 o CERTIFIED MAIL RECEIPT i'2 a �a u0 0' (Domestic Mail Only; No Insurance Coverage Provided) �' d ' vi g o a) ' `° g o U "0 W z 6}� (L = y Ln .m to X rr 7IIIIIIIIIIIMIIIIIIIIMIIIIIIIMIIIMI! -- ccd w c �t❑ ❑ 2 LO cc a X p] d of 0 6 � .➢ O `_ ul In CC N u IF) Postage $ ' O o y e m l til o E �O Certified Fee a a? -5_ cc' O Postmark Z E 2 t.m 0 N Return Receipt Fee O O m o E '-a 1 I�'1 (Endorsement Required) Here ti 0.E.C T y N --ff. 0 U _mv c - N 1/40 W O O ci Restricted nt Delivery Fee p y 0 (Endorsement Required) $ y Q!$ y P 0= Z CO O Total Postage&Fees to m 2,tg U€€ H 0 2 � ;ataa o o ti gi I ) Recipient's Name (Please Print Clearly)(To be completed by mailer) L qj C a E-C R N U A n o MR. & MRS. VICENTE MARTINEZ u: fl o i i; ciao Z g o Street,Apt.Na;or PO Box No. mom .2 F O o 15236 HWY 52 Z m.N c% 8 g = w PE. 2 a O ag,State,ZIP+4 O _ m c m y 2 O x G n E r r` FORT LUPTON CO ;0.2 U m cc .. s 2 t < I a z' ,2 a°i •S Form 3800,February 2000 See Reverse for Instructions w a v '-"Ti t c T c,"5.1) F a) p EE _Ymo u • LiN n WO u c E z U=1i m¢ o z " w att w wCO to ■ ■ ■ Cl it Bethany Salzman Vincente G Martinez L tTrust Properties and Issues Page 1 Vs O co'o4 From: "Elaine Stuart" <rockin-s@msn.com> To: "Bethany Salzman" <bsalzman@co.weld.co.us> Date: 07/06/2003 1:53 PM M Subject: Vincente G Martinez Living Trust Properties and Issues Hello Bethany, As a follow-up to my earlier email of July 3, 2003, I have a few updates on the property at 15123 Barley avenue and other issues. 1) Please updates my complaints against not only Vincente G and Geraldine C but also to read against Vincente G Martinez Living Trust as I see he has had that changed on his properties in Aristocrat. 2)The carpet has been removed from the mobile homes at 15123 Barley Avenue, not new carpet installed as I'd earlier thought. 2)The"Free"trailer that was pulled from the back of what used to be David Jenkins' mobile home housing was picked up and moved to another property owned by Vincente G Martinez Living Trust. There are two properties located nearby 15123 Barley Avenue. They are both located near the Goode and Richard streets intersection here in Aristocrat-on the Northwest corner....the corner property and the one next to it to the West. The one to the West, is where the "Free"trailer was hauled to. The address of that Martinez property where the "Free"trailer is now located is: 15235 Goode Avenue The "Free"trailer is just sitting near the front of the property. The House to the East of that trailer, whose address is 7107 Richard Avenue-- but faces Good Avenue was once owned by a lady that I worked with and her husband some years ago. They were clearly in a distressed situation; it now appears that Vincente G Martinez and/or his Living Trust have possession of that mobile home as well. Living in that mobile home at 7107 Richard Avenue are some relation of friends of ours here in Fort Lupton, a very young family. It was against our friends' better judgement that these folks moved in there. Now to the family's despair, they find they are literally falling through the floor of the mobile home that Vincente Martinez is renting to them. The purported rental figure for that unit is $750 per month. Bethany, I am providing you with these addresses and we can certqinly secure you pictures and locations on each an every unit/acreage in Aristocrat owned by Vincente G Martinez and/or Vincente G Martinez Living Trust, all of which will likely have some form of incorrect presence in one way or another. Likely, too, is that these will not be in compliance with Code either. The units, at 15123 Barley Avenue, next to our home are my primary concern. But, this conscious disregard by Vincente Martinez needs to be stopped in every area. Should Vincente Martinez found to be violation and is made to appear in a violation hearing in August, I will definitely be there. I am not certain what my appearance will provide but if there is any means a Judge and the County Commissioners can clamp down on these actions of Vincenete Martinez and make him accountable truly as a landlord, it must be found. He will only acquire further properties here in Aristocrat. Property improvement, clean up, efforts to provide better living conditions, and so on, were making some progress. Mr. Martinez has taken us back 15 years. These actions must be halted or we are all in for a long and weary road. These issues and actions of Vincenete Martinez need to be checked by whatever means available through the law and Weld County Regulations. Thank you once again for your help and attention to this sad situation. Elaine Stuart Bethany salzman Vincente G Martinez L' 'PR Trust Properties and Issues Page 2 303-857-0412 Work 720-864-0412 Bethanysalzman n Martinez 15123 Barley enue- update ry� Page 1 From: "Elaine Stuart" <rockin-s@msn.com> To: <bsalzman@co.weld.co.us> Date: 07/02/2003 9:08PM Subject: Martinez 15123 Barley Avenue- update Hello Bethany, The latest on Vincente Martinez and his collection of mobile homes and outbuildings, this evening we notice the power is hooked back up at the property and carpet has been put in on the two units that sit side by side so it's clear his intention is to rent the property. Are there some types of inspections that need to take place to be in compliance for the electricity to be hooked up? The one mobile home unit that was pulled from the back of the property and is resting toward the front of the property now has a Free sign painted on it's side. It's obvious that will end up some where here in Aristocrat. That unit, as well as the remaining units and buildings should be condemned, removed, and demolished instead. Still to this day, there has been no mowing of the weeds nor removal of trash and debris, it remains strewn about the property and continually blows over to our fence. To date, I have heard nothing back from the County Commissioners. I look forward to your updates. I will continue to monitor the developments of Mr. Martinez. As I mentioned, should the commissioners not enforce this situation and devise a means of dealing with these issues, then we will have to move on to the recording and reporting of additional sites within Aristocrat. I strongly oppose Vincente Martinez' rental properties and the way he clearly treats his renters. We will have nothing but continual difficulty if Mr. Martinez is allowed to rent these mobile home units once again; such difficulties likely will be magnified with the new personalities of the renters involved. We want to live in harmony at our home and Mr. Martinez is on a course only for his own welfare and the income the situation will bring to him....and he is not considering anything outside of that line. Thank you, Bethany. Hope your Holiday and Weekend is good. I think I'll stay here on the 4th so the Fireworks don't light the weeds next door on fire and burn the surrounding places down--at least without my knowing about it. Stay safe, and we will be back with you again. Should there be any new developments, I look forward to your update to me. I will keep you apprised as well. Elaine Stuart 303-857-0412 work 720-864-5054 Bethany salzman Vincente G and Geralr' C and/or Vincente G Martinez Living True' ?roperties Page 1 From: "Elaine Stuart" <rockin-s@msn.com> To: <rmasden@co.weld.co.us>, <bjerke@co.weld.co.us>, <mgeile@co.weld.co.us> Date: 07/06/2003 2:26PM Subject: Vincente G and Geraldine C and/or Vincente G Martinez Living Trust Properties Gentlemen, attached is one more update to Bethany Salzman who is assisting with the various issues surrounding violations commited by Vincente G Martinez, his wife, and his Living Trust, on the property located at 15123 Barley Avenue. As stated in my earlier communication, it appears it may be necessary for me to be working on the reporting of Vincente Martinez'other properties here in Aristocrat Ranchettes, in Fort Lupton. As three months have passed since we've been actively addressing the situation, it seems likely this will be required. I have heard Martinez has between 20 and 30 properties out here in Aristrocrat Ranchettes so it seems we have our work cut out for us if we want to see these problems resolved and dealt with. May I please have a reply from someone on the means by which the Weld County Commissioners can enforce additional obligation and restriction against this Martinez entity. It appears likely the violation and code compliance process will be very long. This is not undesirable if there can be a fortunate outcome. However, as I've worked through the alternatives, it appears there are limitations due to the laws and regulations available under these cases pertaining to the Martinez situation. We have a severe problem out here, allowed by the County for some time. If it is necessary for formal complaints to be filed against the Martinez entity to form some means of correction and/or emphasize the need for correction, then that will need to be done. Please have someone contact me at my work number of 720-864-5054 during the daytime hours or 303-857-0412 in the evenings so we may discuss this issue. As a reminder, I have again attached my original letter of complaint sent to the Weld County Commissioners back in June. Should it be necessary to involve other areas of the Weld County Government team to help further enforce these regulations, such as to declare these various places uninhabitable and delapidated, not fit for human occupancy, then I would need that instruction/direction, please. Thank you, I look forward to contact by the Commissioners soon. Elaine Stuart 720-864-5054 Days 303-857-0412 Evenings 15163 Barley Avenue Fort Lupton, CO 80621 Original Message From: Elaine Stuart To: Bethany salzman Sent: Sunday, July 06, 2003 1:56 PM Subject: Vincente G Martinez Living Trust Properties and Issues Hello Bethany, As a follow-up to my earlier email of July 3, 2003, I have a few updates on the property at 15123 Barley avenue and other issues. Bethany Salzman -Vincente G and Geralr' C and/or Vincente G Martinez LivingryTru7properties Page 2 1) Please updates my complaints against not only Vincente G and Geraldine C but also to read against Vincente G Martinez Living Trust as I see he has had that changed on his properties in Aristocrat. 2)The carpet has been removed from the mobile homes at 15123 Barley Avenue, not new carpet installed as I'd earlier thought. 2) The"Free"trailer that was pulled from the back of what used to be David Jenkins' mobile home housing was picked up and moved to another property owned by Vincente G Martinez Living Trust. There are two properties located nearby 15123 Barley Avenue. They are both located near the Goode and Richard streets intersection here in Aristocrat- on the Northwest corner....the corner property and the one next to it to the West. The one to the West, is where the "Free"trailer was hauled to. The address of that Martinez property where the"Free"trailer is now located is: 15235 Goode Avenue The "Free"trailer is just sitting near the front of the property. The House to the East of that trailer, whose address is 7107 Richard Avenue -- but faces Good Avenue was once owned by a lady that I worked with and her husband some years ago. They were clearly in a distressed situation; it now appears that Vincente G Martinez and/or his Living Trust have possession of that mobile home as well. Living in that mobile home at 7107 Richard Avenue are some relation of friends of ours here in Fort Lupton, a very young family. It was against our friends' better judgement that these folks moved in there. Now to the family's despair, they find they are literally falling through the floor of the mobile home that Vincente Martinez is renting to them. The purported rental figure for that unit is $750 per month. Bethany, I am providing you with these addresses and we can certqinly secure you pictures and locations on each an every unit/acreage in Aristocrat owned by Vincente G Martinez and/or Vincente G Martinez Living Trust, all of which will likely have some form of incorrect presence in one way or another. Likely, too, is that these will not be in compliance with Code either. The units, at 15123 Barley Avenue, next to our home are my primary concern. But, this conscious disregard by Vincente Martinez needs to be stopped in every area. Should Vincente Martinez found to be violation and is made to appear in a violation hearing in August, I will definitely be there. I am not certain what my appearance will provide but if there is any means a Judge and the County Commissioners can clamp down on these actions of Vincenete Martinez and make him accountable truly as a landlord, it must be found. He will only acquire further properties here in Aristocrat. Property improvement, clean up, efforts to provide better living conditions, and so on, were making some progress. Mr. Martinez has taken us back 15 years. These actions must be halted or we are all in for a long and weary road. These issues and actions of Vincenete Martinez need to be checked by whatever means available through the law and Weld County Regulations. Thank you once again for your help and attention to this sad situation. Elaine Stuart 303-857-0412 Work 720-864-0412 CC: <mmika@co.weld.co.us>, "Bethany salzman" <bsalzman@co.weld.co.us>, <bbarker@co.weld.co.us>, <Imorrison@co.weld.co.us> Bethany salzman - Complaints a Oast the Vag;9i 15123 Barley Avenue Fort Lup` , Page 1 From: Bethany salzman To: "rockin-s@msn.com".GWIA.CENTDOMAIN Date: 06/25/2003 8:47AM Subject: Complaints against the Martinez, re: 15123 Barley Avenue, Fort Lupton Ms. Stuart: I just wanted to send you a quick e-mail assuring you that we are making progress on correcting the situation next door. As it stands, if the property is not corrected prior to July 23, 2003, Mr. Martinez will be scheduled for a Violation Hearing on August 12, 2003 @ 10:00 a.m. That hearing is open to the public, should you wish to attend and voice any opinions or concerns. I appreciate you e-mails very much. They assist in keeping me informed. Thank you and please do not hesitate to call, e-mail or visit me in person, if you have any additional questions or concerns. Again, thank you. Bethany Salzman Zoning Compliance Officer Weld County Department of Planning Services (970)353-6100 Ext. 3540 bsalzman@co.weld.co.us >>>"Elaine Stuart" <rockin-s@msn.com> 06/24/03 06:46PM >>> REFERENCE: Complaints against Vincente G. and Geraldine C. Martinez regarding their property at 15123 Barley Avenue, Fort Upton, CO 80621 Hello Bethany, Attached is a copy of the letter sent last week to the County Commissioners concerning the above-referenced property. You will recall during our conversations about the issue next to our home at 15163 Barley Avenue, I'd intended to send this letter of complaint against the Martinez'. You had outlined the measures currently taking place during our last conversation. As of today, the one unit at the back of the property is now on wheels and will hopefully be removed from the property very soon. The remaining storage-type units still remain as do the two mobile-home units. While there has been removal of various items from these two units, no cleanup around the premises or repair to the exterior of these homes has so far been done. I am holding on my report to the Fire Marshall about the excessive height of the weeds until the County Commissioners have had the opportunity to review my communication of June 16. As I was on the county web-site this evening, I found the following to be enlightening. These units next to our property definitely rank with those of general dilapidation, deterioration or decay resulting from regardless of whoever is setting the parameters. I hope you will continue to keep this issue at the front of the complaint line when it comes to the disrepect the Martinez' show for the neighbors who reside next to all of their rental properties. Their reactions would be more responsive if their rental properties were contiguous to their own home instead of others'. I look forward to your next update of the action taking place against these various breeches as well as keeping me informed in general. Should it occur that the County is unable to see this wrong corrected, I will be put in the place to conduct other surveys throughout Aristocrat Ranchettes and report other Vincente G. and Virginia C. Martinez properties that are not in compliance. Bethany, you have been a tremendous help and I so appreciate the work you have done and help you have given me to this point. Elaine Stuart Work: 720-864-5054 Home: 303-857-0412 Bethany Salzman Complaints against the artinez re 15123 Barley Avenue Fort Lup Page 2 DERELICT MANUFACTURED (MOBILE) HOME: A MANUFACTURED (MOBILE) HOME that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from improper lack of maintenance, vandalism or infestation with vermin or rodents. Any such DERELICT MANUFACTURED (MOBILE) HOME shall be returned to and maintained in the condition as originally established on site and as inspected by the Building Inspection Department, or it shall be removed from the site. DEPARTMENT OF PLANNING SERVICES Code Compliance Division VIO Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 17th Avenue, Greeley, CO 80631 C. 1555 N Phone: (970)3356100,53Ext. (970) 304-6498 COLORADO WELD COUNTY ' - ZONING VIOLATION NOTICE June 23, 2003 Mr. & Mrs. Vicente Martinez 15236 Hy 52 Fort Lupton, CO 80621 Subject: VI-0300104, Lot 6, Block 66, Aristocrat Ranchettes, 2n° Filing, Weld County, Colorado %% 15123 Barley Avenue also known as 15123 CR 16 %% Dear Mr. & Mrs. Martinez: 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 23-3-20.A "One (1) Single-Family Dwelling Unit and Auxiliary Quarters per Legal Lot." Section 23-3-30 "Accessory uses." Section 23-3-30.F "Mobile Home subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-30.1 "Noncommercial Junkyard." Chapter 29, Article V11(7) "Mobile, Manufactured or Factory-Built Home Permits." Section 29-7-10 "No mobile, manufactured or factory-built home, as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official." Section 29-7-30 "Connection of two mobile or manufactured homes for human habitation." To bring your property into compliance with the Weld County Code: As I have previously indicated, due to the failure to submit a building permit application, the 2 (two) mobile homes, which were joined together, have not gone through the building inspection process. Subsequently,itwas brought to our attention that the condition of these mobile homes,in and of itself, will require excessive remodeling to be brought into a condition that is considered habitable. This aspect of the violation has 2(two)avenues available to assist in bringing the property into compliance. • A building permit shall be obtained for all necessary remodeling,electrical work and the addition of the second mobile home to the first. • Both mobile homes shall be remcved. Mr.&Mrs.Martinez Page 2, VI.0300104 The 3r° (third) mobile home shall be removed from the property. The"Noncommercial Junkyard"shall be removed, restored,or screened from all adjacent properties and public rights-of-ways. It is our understanding that a lot of the items have.already been removed; however,as cleaning and remodeling occur, additional items will need to be removed as necessary. 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 June 23, 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-0300104 Department of Public Health and Environment Department of Building Inspections Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY Weld County Planning Department GREELEY OFFICE CORRESPONDENCE RESPONSE JUN 2 n 2003 DEPARTMENT OF / //9,04.1/.41€1/444,010,9 * * * PLEASE RESPOND WITHIN THREE DAYS** * IF RESPONSE WILL BE DELAYED, PLEASE NOTIFY"CTB GROUP" BY E-MAIL OF EXPECTED DATE FOR RESPONSE. RECOMMENDED ACTION: Narrative: w� UL{. �� , `� 0 r \ ,s ( c) -e._ • v i CO IQ Li METHOD OF RESPONSE: - Board Action - Work Session - Letter (Attached) - Telephone Call No Response (explain) HliCentAK-L__ Department Head Signature M:\CAROL\O P MAN\RDCOM P2 June 16, 2003 Weld County Commissioners County Commissioners' Office 915 10th Street Third Floor • Greeley, Colorado 80631 Gentlemen: SUBJECT: Complaint against Vincente G. and Geraldine C. Martinez Owner of property at 15123 Barley Avenue, Fort Lupton, Colorado By filing this formal complaint against Vincente G. and Geraldine C. Martinez, we request the Weld County Commissioners appropriately initiate the following to rectify an extremely unsatisfactory condition at 15123 Barley Avenue, Fort Lupton, Colorado. 1. Require Vincente G. and Geraldine C. Martinez remove the mobile home units and other structures from the property at 15123 Barley Avenue. In addition, require that the property be mowed and all junk and debris be removed returning the property to a totally desirable state and maintain that property in a totally desirable condition. 2. Allow no re-placement of the mobile home, mobile-home units, or any mobile home or mobile- home units on that property. 3. Require any replacement dwelling, modular or permanent structure(s),be maintained in a totally good and desirable condition abiding by every regulation available and/or requiring all other conditions reasonably available, and no longer exhibit debris,junk of any kind,junk buildings and/or vehicles, unpainted and ill-kempt structures, weeds or un-mowed grass, etc. BACKGROUND: 1. Approximately 14-15 years ago,when approached by a couple, Marvin Hanes and his future wife, to allow a temporary (2-6 months] placement of a mobile home (while they built their home on their two acres, one of which was contiguous to my property), I signed a document to allow a temporary mobile home to be placed at 15123 Barley Avenue. No permanent structure was ever built, no mobile home was placed on the acreage next to mine, and the property remained vacant. 2. Approximately 1990, without my knowledge, a pink and white very old mobile home was brought on to the property at 15123 Barley Avenue. A septic system was put in and eventually the unit was hooked up._ With calls to the County, I was advised I had signed a document allowing placement of a mobile home on the property and that with such placement all County regulations including building permits would have to be complied with. 3. In time, it was found that the mobile home belonged to renters of Vincente G. and Geraldine C. Martinez, Mr. and Mrs. David Jenkins and their son David. They stated they were renting from Vincente Martinez and that the trailer belonged to them. 4. At that point, I had conversation with Mr. Martinez about my displeasure over having a rental mobile home placed next to my home. I advised him I would be contacting the County. It was clearly stated to Mr. Martinez that if the County went ahead and allowed him to let the mobile home remain as a rental property, that I would require it be made to comply with and be maintained with all regulations available. As he did on many successive occasions, Mr. Martinez asked me to always come to him first and he would have any wrongs corrected immediaiey. Weld County Commissioners Page 2 Complaint against Vincente G. and Geraldine C. Martinez June 16, 2003 Later, another unit was brought in and with calls to the County I was told they would need a building permit for any additional unit, and that the document I signed earlier allowed this placement. This is the moment I became greatly concerned because I recalled allowing only one mobile home unit at the very most. Again, I'd thought this was to be temporary, and it was prior to 1990 under separate owners. I was told, at that moment by the County, there were no grounds for removal of the mobile home and any additional unit would need a building permit. - 5. As time progressed, I came to know the Jenkins family from conversations. I expressed my strong concern over the mobile home, its condition and it's being allowed on the property and that I intended to do whatever I could to have it removed. Mr. Jenkins advised he was going to place a roof over the two units and structure them so they would appear as a single home, it would be painted all the same color and landscaping would be done. It was also requested that they be allowed to move another unit onto the property to be constructed as a utility building. It, too, would be constructed as a permanent unit and match the home structure they were to be constructing. Informal plans were provided by the Jenkins on how the units would be constructed and maintained. 6. But further in time, it became clear that the Jenkins' had little means of existence and this was all that they could afford. This clearly appeared to be a family who exhibited very impoverished means and who were on disability as their primary source of income. It was now apparent they had little means of support or means of relocating to a comparable living situation. Therefore, complaints were restricted to Mr. Martinez when conditions became deplorable. His response again was to contact him first before going to the County and that he would see things corrected. I frequently mentioned the sad state in that they got little for their return on the rental property and that he was doing nothing to help improve the overall conditions of the property. 7. Following my marriage in 1993, my husband expressed the same concerns I'd had and we both objected to the mobile home units, their condition, and the overall situation of the property as well as Mr. Martinez'failure to assist with our concerns. My husband is now co-owner of the property at 15163 Barley Avenue and has never agreed to the continued placement of the mobile home or mobile home units next door or to the overall condition of the property. 8. In response to the frequent complaints expressed to Mr. Martinez, his only means of dealing with those complaints on each occasion was to make the renters mow the grass. This, alone, was a hardship for this elderly couple and they became very disturbed in trying to comply with what it was we wanted. While we precisely asked Mr. Martinez to provide these renters with decent conditions and assistance with maintenance of their property, such as driveway, helping to keep the weeds down, and assist with the upgrade of the mobile home unit, Mr. Martinez stated the unit was owned by the Jenkins and he had no obligation. Again, his only response was to instruct the Jenkins to mow the grass immediately. It was apparent by this time that all that they could do was to make the monthly rental payment to Mr. Martinez much less afford to keep the place up. Their health was becoming very poor, and it was clear they were both terminally ill. In frustration, over time,when-I approached Mr. Martinez to sell the property to us, he stated what good renters they were, they always paid on time and his only intention was to continue renting the property as he could always count on their rental payments. 9. Because both of these renters were on disability for their severe health conditions, in good conscience, we did not feel it was morally justified to force the issue with the County when the ones who would bear the burden were these renters and not the landlord. Mr. Martinez never offered them assistance in return for their rent to help control what quickly became a heap of squalor, filth,junk, trash, old abandoned cars. All the while, he allowed the property to become an even worse eyesore, dragging down the value of all privately owned properties nearby. Weld County Commissioners - Page 3 Complaint against Vincente G. and Geraldine C. Martinez June 16, 2003 10. Now, with the passing of this couple and the eviction of their son who remained in his parents' trailers, Mr. and Mrs. Martinez have made minimal clean-up efforts. Pictures of the premises many weeks following the eviction of David Jenkins are enclosed. Now, likely following reports to the County and response by the fire department, Mr. Martinez has placed a dumpster-in the front of the mobile home structures and is having people continue to clean out the house. It is clear he has taken possession of what was the Jenkins' mobile home(s) and is making plans to rent them to new tenants. Since early May, we have been working with the Department of Planning and Zoning on all restrictions and compliance of regulations possible. The fire department has had to respond to complaints surrounding burning of trash in the front yard at 15123 Barley Avenue. While we have received assistance and there are requirements in place, it appears we have been exhausting all means of control of substance in those areas against this nuisance and situation. For that reason, we are turning to the County for some help against Mr. Martinez being allowed to continue to rent this property given the previous display of how he keeps his properties, most specifically the manner in which he allowed the property next door to proliferate with illegal buildings,junk cars, trash, debris and weeds. We take great pride in our home. Mr. Jerke knows of the means by which I came to live in Aristocrat as we have talked on occasion over time. We've discussed various issues such as roads and clean-up projects. Because of the state of the property owned by Vincente Martinez and his wife adjacent to our property to the west, our home value is greatly devalued to such a level that we are not financially able to move to a comparable property in another area. We now stand in firm opposition to the rental of these and/or any other mobile-home units at 15123 Barley Avenue. We cannot condone Mr. and Mrs. Martinez in their taking advantage of renters in such a manner which only results in frequent problems with the condition of the premises, contributing greatly to the devaluation of surrounding properties. We request the County prohibit the present and/or any other mobile home unit or units and/or buildings at 15123 Barley Avenue. If the County can provide strong evidence that we have allowed, unconditionally, for Mr. and Mrs. Martinez to place and maintain these mobile home units in the manner and conditions in which they have been allowed, and the situation is allowed to continue by the County, we require the premises be declared a junk yard and construct a fence around the units which will totally block the units from our view, from view from the road, and all other directions. We will then request the Fire Department require all grass and weeds at 15123 Barley Avenue be mowed and maintained on a regular basis to eliminate any and all fire threat to our property. You may contact me by telephone at 720-864-5054 during the work-day hours or at our home at 303-857- 0412. Your prompt response to this complaint will be appreciated. Sincerely, 1.4464.0.- Aaimatio-watc.fO4.9 Elaine Stuart and Larry Speer 15163 Barley Avenue Fort Lupton, CO 80621 Work: 720-864-5054 Home: 303-857-0412 E °� —Ai" ' t si ' iF- ..--,-`,..”,:t: +ST�I�Al Paa AI At A•a; Ag ® � �kYlk 4 Y'V�� ie� N\ F0 -T L . TeN��— -..\ �� :W�tnuu^1y.Cobralo\` \-‘. ..\'-‘,,,,\‘‘,..,1-0\G'An- �.: Motpyrz442 pagelofI. 4‘.%),''. 5 k ta �;-" -, F• T LW T e N wcucounly,c brads ot® 65fh; mA2R T.ZWE Z. a 4 , $r R ✓ 1 r-:'-s‘ . Ill a.. n i RYe s a f. $" $ ,. . 3 ,5 ';'-'4"..` _2 t f 4 r _ lkt e 3' n, 'lt h a y $J ` , •1 sav ua 1 3 r 4' ti fi. � . rt_ R, S Y. .. -e . e rm' 1 v ,-- 4 _ .: �� _tea �#, ' a ,{ X44 a�Y sw 4-.' ,.n : -,�-.- Y okli l4}i � y' �- k r / -,:",";-",,',,i..4,* i- ,�t�.. uNakx: -y>,. . 6 3/h�. qy2,-. i.,r_, ,..., ..,:) . ;.;tcs,, 3- - A f� t •• i �'Ilr-„, . ,- . ,ic,,,, ,.„,-,..„, „,. ., _ ,_ i , . ..,: „.. ,.. , , ..... k . . ., ,,,... , ., , . , . , f1 ',., L T\I' i imp b ,g75f 'r ,I sue.. udM".r .. p � �y �X lx k c�: m ,. 'NJ14, i�4 { �'fy a DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.ds o1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Ig C. Fax: (970) 304-6498 COLORADO June 3, 2003 Mr. & Mrs. Vicente Martinez 15236 Hy 52 • Fort Lupton, CO 80621 Subject: VI-0300104, Lot 6, Block 66, Aristocrat Ranchettes, 2n° Filing, Weld County, Colorado %% 15123 Barley Avenue also known as 15123 CR 16 %% Dear Mr. & Mrs. Martinez: 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(s) with the Weld County Code are as follows: ❑ "Noncommercial Junkyard". Upon a visual inspection of the property conducted on May 27,2003,the following items associated with a "Noncommercial Junkyard"were noted: tires, trash (burnt and not burnt), buckets,wood,furniture and miscellaneous debris. The aspect regarding the burnt trash will be forwarded to Phil Brewer,Air Quality Control Specialist,Weld County Department of Public Health and Environment. Burning trash is not an allowed use. 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 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. NONCOMMERCIAL JUNKYARD:An area where any waste,JUNK,or used or second hand materials are stored or handled,including,but not limited to scrap iron and other metals,paper,rags,rubber tires,building materials,and bottles. A NONCOMMERCIALJUNKYARD may also includethe storage or keeping of DERELICT VEHICLES. The NONCOMMERCIALJUNKYARD shall betotallyenclosed 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. • ❑ Multiple Mobile Homes. In this aspect there are several issues. 1.) The two(2)mobile homes that were connected. Our records do not show that a building permit was ever obtained to combine the 2n° mobile home to the first. I was able to find a building permit for the initial mobile home (MP03322), but not the joining. To bring this aspect into compliance, if the second mobile home is allowed to remain on the property, a building permit shall be obtained. Mr.&Mrs.Martinez,VI-0300104 Page 2 2.) The third mobile home on the property. I can not find any permits allowing this mobile home to be located on the property. To bring this aspect into compliance,the mobile home shall be removed from the property. 3.) It was revealed during an inspection conducted on May 7, 2003 that the joined mobile homes are currently not in a habitable condition. If your intent is to return them to habitable standards, a building permit shall be obtained at the Department of Building Inspections. 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, Bethany Salzman Zoning Compliance Officer pc: VI-0300104 Department of Building Inspections Department of Public Health and Environment Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY 3ethany Salzman Part 001 Paev1 ®YYn n .UST Please reference my earlier messages regarding the property at 15123 Barley Avenue owned by Vincent Martinez and previously occupied by David Jenkins. This evening, I took pictures of the property as it stands this evening, 3 weeks after inspection by the County, and those will speak for themselves. I will have to have these pictures developed as they were not taken with a digital camera. They will be sent on either as an email attachment or under separate cover. My notion yesterday that Mr. Martinez had some people mowing was in error. It seems perhaps that the truck I saw with ramps up the tailgate were to haul something off not bring in a mower. There remains a large site of trash following its being extinguished by the Fire Department with even more accumulation than when first started. There are beer cans strewn all over the premises now,as well as other remains that have been pulled from the Mobile Home Unit and left in the yard. The people over there yesterday were only further ransacking and/or removing material from the unit it seems. While Mr.Jenkins was evicted, it is curious to me as to how the unit and its contents can be rummaged through given the trailer units and other buildings all belonged to Mr.Jenkins and were never owned by Mr. Martinez. Perhaps this acquisition of the buildings is a part of the eviction process. But now,with over one month having elapsed since notice was served on Mr.Jenkins, and 3 weeks since the County posted notice on the door....the property looks about twice as bad as it did when Mr Jenkins was there. No mowing has taken place,the cars are removed but in that process the buildings have been ransacked and pieces strewn all over, and a general dump is the result. The smell is getting to be quite bad now as the windows have been left open. Such smell appears to be from rotting food and/or other garbage. The new additions of beer cans and other leftover food containers left in the yard do not seem to help things. As homeowners and taxpayers of our location for 16 years,taking pride in our home and where we live,we are now becoming quite distressed at the state of this whole situation. Please note, there are still two cats there at the premises that do not have food but continue to hang around looking for some assistance. We have seen Mr. Martinez there only once which was for about 45 minutes to one hour. The remainder of the time,those who have been accessing the premises appear to be people associated with Mr. Martinez who came in to take possession of the various vehicles and other items such as furniture and in-buuilding contents. These were possibly renters of his in Aristocrat or other areas close by as the majority of the things hauled away have gone back up the road into the Aristocrat acreages. Please advise the status of this and what Mr. Martinez will be allowed to do with this property. It clearly at this moment needs to be condemned. I also noticed this property is classed as a Mobile Home Park Unit and I take strong issue with this as I have never known this to reclassified from its original zoning. If his property at 15123 is classed as a mobile home park because of the adjacent property to the west and the two units/families on one acre just to the north, I need to understand how this has all come about. I am getting more and more irate by the minute at the condition of this acre to the west of our home. I've taken up issues with the County years ago about Aristocrat and if we are not able to do something about Vincent Martinez and this entire fiasco,then I'll have to seek other options. I hope we can have the support of the County on this one. I know there are various constraints legally but this will '.. have to be taken before the Commissioners as a first measure, if Mr. Martinez is not reined in very soon. Again,we only let this mobile home remain there out of compassion for the elderly folks who owned the trailer,the parents to David Jenkins. Now that situation is entirely different. Mr. Martinez is the violator now and any changes to this acre and it's dwelling will only be far superior to what has been allowed to take place up to this time. Again, I strongly, strongly, oppose any mobile home dwelling on the acre at 15123 Barley Avenue and will seek to see it removed by whatever means legally possible. If this can not be rectified very soon, I will personally take down addresses and take pictures of each and every unit Mr. Martinez has out here in Aristocrat and will set out to see his various places cleaned up or condemned. '.. He does nothing but take advantage of these poor folks who are forced to pay him rent for little in return. His prices,though only heresay,are way out of line for what is offerred. Mr. Martinez has told me first hand his only intention is to rent these properties and that is it. He clearly cannot be considered a landlord by any means. I request the County crack down hard on all of his properties as soon as possible. The fault lies not with these tenants but with Mr. Martinez. I will gladly discuss this over the telephone or in person if need be. But, I need to have a clear cut line of action on how this situation at 15123 will be corrected and completely resolved in the upcoming immediate time frame as allowed by law. Thank you for your consideration in this additional standing complaint. My patience for this entire ordeal after 10 years of puffing up with Mr. Martinez and what he has allowed is now exhausted. Sincerely, Elaine 3ethantsalzman - Part.001 91_nR _ Pa a 2 ' Stuart Work: 720-864-5054 Home: 303-857-0412 15163 Barley Avenue Fort Lupton,CO 80621 • • { V • • • • • • r/� V 6 Weld County Department of Planning Services ENC. Inspection Report 1555 N. 17t' Avenue COLORADO Greeley, CO 80631 • • S Date of Inspection: �j-(ar'l.O) Permit/Case No.: UI-h:•C)C)\C. Property Owner Name: (-k\ Qoj. i curtt _, 'Et Er'i f s_. Address: \ J\Z... INS';C ; Upon a visual inspection of the property listed above, the following items were noted: ' i tl-\\-• '�t • fix } IAA k'6 r r rN-- �c.� 0, 4 Inspection by: Contact Name:.-.- Contact Phone Number: 970-353-6100,Ext. 3540 Copy of this inspection was: Pictures on file: o Yes No Bethany salzman - Part 001 „wm m - - 3J� Pa•e 1 '(c Yl1tl" ate®`C st-\,tern This complaint follows my earlier concerns expressed in an email to Weld County dated 5/6/03. Since the eviction of Daivd Jenkins from the property at 15123 Barley Avenue,we as the owners of the property to the east of that rental property of Vincent Martinez,are encountering even greater concern as 3 weeks plus have passed. As of yesterday,while we have seen removal of the junk cars from the property,we have strong suspicions Mr. Martinez is attempting to ready that trailer complex for rental to someone else. Following below are some of what we have seen and our thoughts about the care and display of this property. 1. Burning of trash on 5/25/03. It is not known if this was by permit but it was noticed the Fire Department appeared after the fire was started to extinguish the blaze. 2. Following that measure,we noticed late in the evening the fire was continuing to show hot embers which resulted in low flames starting to develop later on. Therefore, it was necessary to report this to the Fire Department in order for the fire to finally be put out. 3. Weeds had continued to grow and had not been cut--up to the point of about noon today. At that time, it appears someone had been brought in today to mow which was a good sign. Unfortunately,due to the condition of their mowing equipment,they did not complete the job. Further,there are many weeds such as thistles and goatheads that need to be sprayed for. We continually have to spray our property to keep these contained on our premises, made more difficult by the adjacent property's weed population not being contained. 4. The original structure inhabited by David Jenkins still exists. It appears from the activity going on around the property that the contents are being scavenged as what is of any value is being removed. But, it is of concern to us that this structure is being prepared for re-rental rather than removal from the premises. This set-up of three mobile-home structures on one lot along with another add-on shack is extremely dilapidated and decayed and not fit for human or other housing. There is no way a unit or units such as this can be fit for future habitation. This,of course, is a decision by the county. I i 5. This set of mobile buildings has created significant devaluation of our own property,which we strive to keep in good condition. Those units at 15123,and the other surrounding Martinez properties further to the west and south, are not maintained or constructed in a like manner to our home,or close to it. Therefore,with the condition of the surrounding premises, any plans at some point to be able to sell our property are dashed as there can be no value secured from our home. We must stay at this location. 6. Having been exposed to these Martinez units next door for over 10 years,with continual complaints to the landowner interjected at times,with no resolution, it is clear these units are considered permanent installations. This was never the original agreement when signatures were requested by the original land owner. They solicited okay's by contiguous landowners at the time they wanted to insert a mobile home"on a temporary basis". 7. And,as such permanent structures, they do not appear to comply with the skirting and crawl- space requirements as outlined within the Weld County building code. The landings and steps are in terrible and unsafe shape condition if it's the intention to re-rent these buildings. 8. With this set of mobile homes and the way they are structured, it is clear they are not mounted on any type of permanent foundation. Since the original laying of slabs and tie-downs, I've seen no other work done to improve upon and be brought in line with the permanent nature of these structures. These units of Mr. Martinez are clearly hazardous, defective and unsafe for entry and very unsanitary. From the state of these mobile home units, it is not likely there 'ethany Salzman - Part 001 Page 2 is compliance with the original home installation standards. 9. If these buildings are not being removed,and there are no evident repairs or improvements being made to make the structures presentable and safe, it is presumed Mr. Martinez intends to retain these buildings in their existing manner. If they are not considered permanent structures being brought up to all codes, repair,and display,then they are mobile units and in terrible disrepair. Should they be allowed to continue to remain at 15123 Barley Avenue,they are no better than a commercial junkyard and should be surrounded entirely by a privacy fence tall enough to hide them from outside visibility. 1. Should this property remain as it is, it will clearly be a home for vermin and other unsatisfactory inhabitants. While we have only rarely and minimally seen snakes on our property some years ago,we are now seeing a significant increase in mice and snakes,some of which are invading our property as evidencedwhile we are outside on our property. 2. With the burning conditions seen on Sunday, March 25, 2003, and the condition of the mobile homes,their contents and the collection of junk are also creating concern as a fire hazard. Because of these conditions and failure to comply with the various regulations,we therefore,ask that these junk units be removed from the property at 15123 Barley Avenue. Your contacting me with an update of the situation at 15123 Barley Avenue would be appreciated. You may contact me at my workplace,direct line: 720-864-5054 or home number in the evenings of 303-857- 0412. Thank you, Elaine Stuart 15163 Barley Avenue Fort Lupton, CO 80621 a DEPARTMENT OFBuildgInspections 41t Code Compliance Division I Website: WWW.CO.WELD.CO.US E-mail Address: thalsey©co.weld.co.us OO1555 N. 17th Avenue, 5361 Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO NOTICE AND ORDER May 13, 2003 Vicente G. & Geraldine Martinez 15236 Colo Hwy 52 Fort Lupton, CO 80621 Legal Description: L6, BLK 66, Aristocrat Ranchettes 2n° Filing, Weld County, Colorado Also known as 15123 Barley Avenue, aka 15123 CR 16, Fort Lupton, CO Mr. and Mrs. Martinez: This letter is to inform you that an inspection of the property at the above address disclosed that the property is in violation of Chapter 10 of the 1997 Uniform Housing Code and Section 29-2-110 of the Weld County Code. The following violations were discovered during the inspection: 1. Dampness of habitable rooms 2. General dilapidation or improper maintenance 3. Defective or deteriorated flooring or floor supports 4. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members-that sag, split or buckle due to defective material or deterioration 5. Hazardous Electrical Wiring 6. Faulty Weather Protection 7. Unsanitary conditions that make the building unfit for human habitation as determined by the Health Officer • Under the provisions of Section 29-2-110 of the Weld County Code, it is ordered that this building shall be abated by one of the following means: 1. The building may be repaired. A building permit shall be secured prior to commencing any repair work. Required permits shall be obtained and work commenced within 60 days from the date of this order. The building shall not be occupied until all repair work is completed and approved. 2. The building is currently vacant. The building shall remain vacant and secured against entry. 3. The building may be demolished. A demolition permit shall be obtained prior to demolishing the building. The building shall remain vacant until demolition is complete. Demolition shall be accomplished within 60 days of the date of this order. 4. The mobile home may be removed from the property. Page 2 Failure to comply with this order may result in the posting of the building to prevent unauthorized entry and the abatement work being performed under the direction of Weld County and the costs thereof charged to you as the owner of the property. You, or any person having any record title or legal interest in this building, may appeal this action to the Weld County Building Code Board of Appeals provided the appeal is made in writing,as provided in Chapter 5 of the Uniform Code of the Abatement of Dangerous Buildings, as adopted by reference in Chapter 29 of the Weld County Code. Such notice shall be filed in our office within 30 days from the date that this notice is served to you, either personally or by certified mail. Failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of this matter. Respectfully; 57.4/4.4/ Jeff Reif Building Official pc: Bethany Salzman, Zoning Compliance Officer Char Davis, Environmental Health Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY Bethany Salzman Par ....,„.n t 001 Page 1,n.,..v.. m,,..9., , n,�r...... ... ..�,... ,.., m...N.,..,. .. ,... ,...ena., ,.., .�..R _..._v�..a ., ., ,.m... SUBJECT: Rental property at: 15123 Barley Avenue, Fort Lupton, Colorado Tenant: David[Davey]Jenkins,evicted 5/6/03 Property owned by Vincent Martinez Please consider this a formal complaint against the landlord of the above stated property, Vincent Martinez. After initially acquiring the acre to the west of our property, in approximately 1991,Vincent Martinez allowed a trailer to be placed on that acre and rented it out to David and Lorraine Jenkins. From the beginning,complaints were filed with Mr. Martinez against the placement of this trailer, especially when it was soon joined by another trailer abutted along side of it, as well as the condition of the premises overall. It had been clearly communicated to him and the Jenkins'what was expected if the trailers were placed there. It had been promised the property would be fully enclosed with a room,to be made in the manner of a regular home with landscaping. However, because of,what was to be come apparent,the impoverished nature of this family--there was no way they could complete the improvements as promised by them and Mr. Martinez. Because of compassion over time for David and Lorraine Jenkins,we sufferred for many years with the ill- kempt property. David and Lorraine had severe health issues all along. We have assisted them over time with the mowing of the acre in order to keep the weeds down and help eliminate the fire danger. There were often times they were physically unable to keep the property up. At each instance when complaints were filed with Mr. Martinez about the property, as he was doing nothing to assist the Jenkins, merely collect the increasing rental funds,about the 1)weeds, the 2) excess abandoned vehicles and 3)the condition of the two mobile homes,Vincent would merely respond with contact of the Jenkins telling them we were complaining about their weeds. We often followed up with the Jenkins'before hand and after the complaints were filed with Mr. Martinez;we realized, they had little funds to fix or repair things. They often responded about the amount of rent they had to pay to retain their mobile homes on the site. We had no desire to displace these poor unfortunate folks regardless of how the condition of the place drew down the value and enjoyment of our home;we,threfore, elected not to pursue this issue formally with Weld County. We felt that in time Mr. Martinez would assist the Jenkins'with improvements at least to some degree,for their own benefit any way,for the money they paid him. Since the passing of both David and Lorraine,their son Davey has continued to live in the property. You can refer to the sheriff's records surrounding today's eviction of Davey from the premises for additional detail. After entering the house,the county now realizes the condition this man has been allowed to live in. When talking at length with Vincent a few months ago, asking him to do something, he made it clear he would only contact his renters to mow the weeds as there was nothing he could do about the circumstances of his renters in Aristocrat. He had quite a disclaimer about how he tries to check his renters in advance but there is really nothing he can do about them. The conversations with him rambled in circles with no gain or results to come of them. Clearly, over time,following many offers to try to buy the property at 15123 Barley/adjacent to our acre where we live at 15163 Barley, as well as possibly the other rental acre Mr. Martinez owns just west of Davey Jenkins place,Vincent stated emphatically he had no intention of selling....it was his goal only to keep these various rental properties and collect the rent as he came out way ahead financially by doing so. With Vincent's responses over time, I have continually asked him why he did nothing to help improve the conditions of the property for his tenants. My husband placed road base in the Jenkins'driveway and graded things for them so they could drive their vehicles out. Vincent Martinez refused to help enforce a better living condition with certain restrictions, he provided no fencing behind which the old-abandoned vehicles could be placed when they have proven to be an eyesore, he has done nothing to improve the overall conditions. That property has not only been an eyesore but an extreme health hazard. I have no doubt but what if Vincent Martinez is allowed to place another renter on that acre it will further deteriorate over time as well. It is very clear Mr. Martinez has only one goal and that is to collect the rental from folks who cannot otherwise place themselves in good living conditions. Therefore,this complaint formally requests no more trailers be allowed to be placed on this acre at 15123 Barley. Further, Mr. Martinez needs to clear the acre of the old mobile homes and junk he has allowed to accumulate over the years. When that property was originally purchased back in 1989 to 1990, and I am approximating here, a request was placed before me by the buyers for a mobile home to be located there • on that property. When I refused to allow this,the couple who had purchased the property[that acre and the one to the North](they soon divorced and sold the acreage to Mr. Martinez),they said they needed to be able to live in the trailer for no more than six months while they built their house. It was only on this condition that a trailer was allowed. This short time has dragged on into over 12 years of having this poorly kept property adjacent to our home. Mr. Martinez has been reminded of this in each of our i ..�.,.,., ......._......,....,,w......,,..�.,.,....»......w..,,, ..,.,a..�,....,«,..m„a..,....m..w.,,,,m...v.«,..m.a.x ....,m..m, .: ..«»..�«..........,.,. .m..o. ..,. Bethany salzman - Part.001 Page 2 conversations. Back in the early years after purchasing this home, a complaint was filed with Bill Jerke a Representative at the time who said he long ago determined he would never buy a home or land in a location where so few took pride in their homes. But,we do not all have that choice. Because of financial conditions and the desire to have my horses with me, I chose to live here. Unfortunately, by not challenging Mr. Martinez and his rental properties, sparing the Jenkins family from further anguish, we have been penalized by devaluation of our property as well as being subjected to the worry and concern of having Davey living in the home with his numerous guns and strange behaviors. None of this was Mr. Martinez will to do anything about until Davey could no longer pay rental on the property. With this ill- respect for others that Mr. Martinez displays through his rental properties, both to the nearby residents as well as the renters, I emphatically oppose his being allowed to place another mobile of any setup or condition next to our property, and most importantly be allowed to retain the units and buildings that are there now. Mr. Martinez must be made to have all of his rental properties strongly in compliance with each and every regulation allowed for in the Weld County Planning environment. I sincerely hope you will see this complaint filed against Vincent Martinez. He must be made to turn the acreage into an appealing,well kept property which falls within all regulations and guidelines, allow no trailer or double- wide trailer, or trailers shoved together,etc. on the property. He has the option of selling the property to us at a fair market value. The choice is his. Please contact me at home at 303-857-0412 or my work number 720-864-5054 should you care to discuss this situation and complaint or should you need additional information. Thank you for your consideration and helping us improve our community. Elaine Stuart 15163 Barley Avenue Fort Lupton, CO 80621 ■ Parcel Ta61e '- Maintenance.„ EN �r'3- ti r* � r -- -.� x. z ..G x^ Ik L 4 '^f"4"K& '' 1 £x "-'i^'Ss5e₹t3 "+. ^�f ;4i-:r''�F`M$ ate' ';- '� Parch No T309'a27-2;11*3 a + � � , � 4,%,..:1; LP .a r 'F III t: - rr Ke 660227 I ' z +� .'I at e a Back i=i!.gaiteAti' -Pnmar ddress ; -� 4-:"'tenlor trop N_a—�,�Du%5treet Naame City ld 5741" - r rri c ''...," '�''� "Fra L,�.} Selec A Address «� s �-- * L .- r ai D OOf es) 116 '- Le zT ct) e Olock I Rnmar Owner Information %.,51...k. �r e G, r "� �' .'* ,; eal D"escrmtion' , OrtT :EL_ ,Name IMARTINEZ VICENTE 6 8 6ERALDINE _2AR66-6 L6 BLK66ARISTOCRAT RANCHETTES 2ND - Addre-------12115236s COLD HWY 52 _ FILING Address2 'FT LUPTON co^ g- Addre`s&9:� lis�Addressd Cak I 4.- �i_42.7180621 '3?� _ y Ube Cade I +�"I 1!„.22--i.-.-;.4-7, ho e"1 ._. . RA 12241 „kb!' , -a+4a- *`Exempt "w Phone 3 v II ii Rh Status'ACTIVE rovlOwned Notation I ( a t=om �1` i 1 � � ��. 1� �, - sk�!�`.�. �.,- ,.,v..,..v. � ..,..._-_ �� .... :....y.f,..-...:. : .=J —..s.a:.. ....-._..._..t..t x...s.c�...:. 5�..rs...,a:a, t I r ... ..._ r_ar _..trw ..-sax5. NMSs <a_� got Permit N: IVI.0300104 Address:115123 BARLEY AV ARI '.: 5..-'. .-:,-:;.-7:7---.t..,7. .ig1I'17).... , Status: ICOMPLNT APPLICANT:JMARTINEZ VICENTE&GERALDINE t A ' Date: 105/27/2003 Back Stop r 5" ` 'c"- "'� Ei .0 via- :---', „xM O V 11 14777 +T_ x- r`- ra Desc Screen,People Doc Cond LJH1N Insp kw Loc Relate ==t`s'. "- -- =''' -'= -'4 I I I I 1 i �� atr�r _ xs,t �rz- i .'• -: .acs r if, . I. { _, r'' t :.,4,'. .. a'.-_r ...,cat 'u -�� _4i fq 'iv�.w`h�(.' ti'�'� '+rt'- _m.fut^._..� i - Site Update I l•I Exit BackParceIS Parcel No: 11309.27-3-17.003 - People Owner: JMARTINEZVICENTE G &GERALDINE C r - Status: I COMPLN T j Written By: BJS Sec/Torn/Rng: 127 02 66 Description INGDY/Dangerous Bldg/Too many cats Location: 15123 Barley Avenue ARISTOCRAT RANCHE Zoning Dist: AGRI Inspection Area V2 Permit Num: 1 - App Type: WCV l (BCV=BLDNG VIO,VI ZONING VIO,WCV=WELD VI0 "bcv+vi") Class Code: VI-2 NO NCO MMERCIAL JUNKYAR D Complaint: 05/06/2003 Init: BJS NO VI: -1_/— Init: J 5 Day Letter: 05/13/2003 Init: Jeff Issued: _/_/ Init: Inspection: 05/07/2003 Init: Fred BCCVio: _/_/_ Init: 1-- ,. Court: _/_/_ Init: Closed BCV: _/_/ Init: I Closed VI: I_/_/ (nit j MAY-07-2003 WED 03:04 PM SOJlTHWEST WELD PLANNING FAX NO. 79n 652 4211 P. 01 FAX TRANSMISSION Wise SovniwastWELDComm - COLORADO DEPARTMENT OF PLANNING SERVICES BUILWNG lf4see nom 4209 Couwrr ROAD 24.5 • LONONONT, COLORano 60504 FMC; 720.652.4211 PHONE: 720-652-4210 EXTENSION 6730 TO: g_e_ ) .q —. / FROM: in / F- r-cG'" DATE: c/J 7 FAX#: PAGES: LL., SUBJECT: / z3 C /G Pc, 1.c COMMENTS: • CONFIDENTIAL. • This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain jnfomtation that is privileged,confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. MAY-07-2003 WED 03:04 PM SOUTHWEST WELD PLANNING FAX NO, 72n 652 4211 P. 02 5 .../03 _.. _ . rd TL2_. Adt=k t/41ft - Sae_ }Nam sat_ 35.. C-a-ntieciu\irtet_e_Afitt,u civ, /Si2-3 Ra »1 c� CALK Cj-- 1 es- r3a...• 27 t7 ao3 ri NC.et ..woo.- eAttrierti.. . . r ff.y 52.. _Est' _ pw Ya6z/ ...... J T WELD COUNTY WELD COUNTY 3 BUILDING INSPECTION BUILDING INSPECTION -< CORRECTION NOTICE CORRECTION NOTICE 0 �J _, C-OF C—� PERMIT NUMBER: S t& \J\ e I a t `� o PERMIT NUMBER: - PAGE �� PAGE OF o co % p 1 NAME/OWNER:`LttN\� CT1`�� \V\e.� d NAME/OWNER: • 2 g l t � PROPERTY ADDRESS/LEGAL 15 IZ3 V w PR0PERTYADDRESSILEGAL -- 0 INSPECTIONS OF THIS STRUCTURE REVEALED THAT THE FOLLOWING IS NOT IN INSPECTIONS OF THIS STRUCTURE REVEALED THAT THE FOLLOWING IS NOT IN -o COMPLIANCE WITH THE WELD COUNTY BUILDING CODE ORDINANCE. COMPLIANCE WITH THE WELD COUNTY BUILDING CODE ORDINANCE. to t t�1tU}L� Y\�.� bC cp.,- t,c X Th t,c S CVcc& �e,-- b- = I c �. , �,k ctcsA to b- 1,...�,51.r..-- tc s ,),- c 5 rn l.',� r� xQVTe, CS-At 1 )0OcCS ax f hSe 4 r. CJ C, ftft\ w.ates he ra- 1 lc , IN1Nt�- ( U FUseu ref haw,& Ick owe so-c,,) or IeN15S;v\ C. pleVTh'1 x O S L)►h> ham. IN S5)iceA. i , 031,i.• N 1 o efen, tra ell vi.- csoir,LrYtovi. boc. CTI IV O CORRECTIONS MUST BE MADE BEFORE: CORRECTIONS MUST BE MADE BEFORE: n N ❑ REINSPECTION REQUIRED. WHEN CORRECTIONS ARE MADE,PLEASE CALL FOR 0 REINSPECTION REQUIRED. WHEN CORRECTIONS ARE MADE,PLEASE CALL FOR -. REINSPECTION. (970)356-8016 OR 1-800-234.2534. REINSPECTION. (970)356-6016 OR 1-800-234-2534. - - ❑ REINSPECTION FEE REQUIRED BEFORE THE NEXT INSPECTION. d REINSPECTION FEE REQUIRED BEFORE THE NEXT INSPECTION. U THIS PERMIT EXPIRES ON: U THIS PERMIT IRES 0 . INSPECTOR DATE INSPECTOR (l1//� DAT /� � :0 CD IF YOU WISH TO EAK TO AN INSPECTOR,CALL: IF YOU WISH TO SPEAK TO AN INSPECTOR,CALL: 720 52-4210,En.8 30,BETWEEN 7:30 A.M.AND 8:30 A.M. cn (72052-4210,EXT.8730,BETWEEN .M 7:30 A .AND 8:30 A.M. t i _,...,.T-..rwr rule rnoorrtlfN NOTICE DO NOT REMOVE THIS CORRECTION NOTtCF MAY-07-2003 WED 03:04 PM SOUTHWEST, WELD PLANNING FAX NO. 7?n 652 4211 P, 03 / __ C 2 % (T_4. ►-1.��) — -- c,, �, , -fit-,% ,-- ?Le �. .1-r� ._ .� g'4 r 1 2 to r;-4.-- ci S" <-. .� S i— r-<-s raTo — - c,::,L-•5Tr-........C r 1 . . w ` t`'..._ in 0 i� S e sr- L _- S--- Cr- e -jr a .., O' pa, C/ `k r--Q...._ J-----..., t \ pr 1. k"'" 4.6.9-e_ .."1--t-I --c._ 14,2 c, e--- i--, % S La...3 Ja- tk '1-4., 009 F`-4.C.t S U i-. e" �' p I-1".%—L (s-D F 0 ..) r---' e-, v_-__e_ ,..„ 4- c lc, ID-At- I-4-wt. k t .... cs ek ,..., j 1 )--e_ _L_— TE!!IC7C:jia � -Q s— � — L- ,. -a, .Siirmtmiliivac, —- 11-1...e 1.--4_ 0 c.,..., 41' C..-e_. ‘ 1 k-.I ES 4 4/ S,..<..-C. ...V ("I".... .-- -c % 3 ____a_ 7/7: j... 4......-1-- k---0,....., c.-- LokA. 1 -i-Z.,__, T 1 .t. � •e Lt__.., I Sv -3 C 1 S f./l 2+ y — MAY-07-2003 WED 03:05 PM SOUTHWEST WELD PLANNING FAX NO. 720. 652 4211 P. 04 • *43 • 7r L.A r-a S 4O So —7 C..cc r" s o �. -0— e r oits A er- i c� vV J — I^ . a )s ifo c ci r S-/-7 . Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R5243886 Parcel#: 130927317003 Tax Area: 2241 Bordering County: Acres: 1.16 Township Ranae Section Quart.Sec. Subdivison Name Block# Lot# 02 - 66 - 27 - 3 ARISTOCRAT RANCHETTES 2ND FG - 66 -6 Owners Name&Address: Property Address: MARTINEZ VICENTE G LIVING TRUST Street: 9627 E ASPEN HILL PL City: LONE TREE, CO 80124 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# 2/26/2003 $0 SWDN 3056402 Legal Description 2AR66-6 L6 BLK66 ARISTOCRAT RANCHETTES 2ND FILING Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Mobile Home 1135 Acres 1.16 Land Subtotal: 1.16 $58,000 $4,620 No Buildings on Parcel http://maps.merrick.com/W eb site/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=13 092... 08/07/2003 • Parcel Table Maintenance .fecry F1 n fix -,-k�2#- qq - 4is«a w,, kt r y4'� - s "`,,Parcel No 2 !a2 -3174 r r 3`= $s-, a" Alt a 1660227 i' ` a 3s xis._1 i`--�°°n..4'Fa ` r Pnmar Address - ,�„ " e r I`:Inf m tr i ::-='- —n4-4s No Dir/ Street Name <Crt Id k s u6 p ' I _ Irk` o — -n, .0. ed ss .-" - - _---4" -4,2- _ '`Ergo Dr„, AArea 0 00 es j 1 16 '4I "- KF" L Ing ¢ C � r3`.ti&«�saC,sly-,—s. ( ct I C IQck��t I.- Pnmar Owner Information --� * a a C ord -- ord = ,x � �„�,. - � s�� Legal D`escrr iron_ .`� ,x - , - � r - r NamejMARTINEZVICENTEG & GER_ALDINE 2AR66-6L66LK66ARISTDCRAT RANCHETTES2ND i `-Addr asp . 15236 COLD HWY 52 s FILINGSifrriii re `�FT LUPTON CO m," s ctt' atwrAd r _ - Address '80621 Us CCodeI Phone1 J -IRA 12241 iL -E�� r` a `"� slaws ACTIVE r G Dwn d-r , NotatpitI etnanysalzman Complaint a a nst Vir-7nt Martinez Pa e 1 From: "Elaine Stuart" <rockin-s@msn.com> To: <dmay@co.weld.co.us> Date: 05/07/2003 6:16AM Subject: Complaint-against Vincent Martinez SUBJECT: Rental property at: 15123 Barley Avenue, Fort Lupton, Colorado Tenant: David [Davey] Jenkins, evicted 5/6/03 Property owned by Vincent Martinez Please consider this a formal complaint against the landlord of the above stated property, Vincent Martinez. After initially acquiring the acre to the west of our property, in approximately 1991, Vincent Martinez allowed a trailer to be placed on that acre and rented it out to David and Lorraine Jenkins. From the beginning, complaints were filed with Mr. Martinez against the placement of this trailer, especially when it was soon joined by another trailer abutted along side of it, as well as the condition of the premises overall. It had been clearly communicated to him and the Jenkins'what was expected if the trailers were placed there. It had been promised the property would be fully enclosed with a room, to be made in the manner of a regular home with landscaping. However, because of, what was to be come apparent, the impoverished nature of this family--there was no way they could complete the improvements as promised by them and Mr. Martinez. Because of compassion over time for David and Lorraine Jenkins, we sufferred for many years with the ill-kempt property. David and Lorraine had severe health issues all along. We have assisted them over time with the mowing of the acre in order to keep the weeds down and help eliminate the fire danger. There were often times they were physically unable to keep the property up. At each instance when complaints were filed with Mr. Martinez about the property, as he was doing nothing to assist the Jenkins, merely collect the increasing rental funds, about the 1)weeds, the 2)excess abandoned vehicles and 3) the condition of the two mobile homes, Vincent would merely respond with contact of the Jenkins telling them we were complaining about their weeds. We often followed up with the Jenkins' before hand and after the complaints were filed with Mr. Martinez;we realized, they had little funds to fix or repair things. They often responded about the amount of rent they had to pay to retain their mobile homes on the site. We had no desire to displace these poor unfortunate folks regardless of how the condition of the place drew down the value and enjoyment of our home;we, threfore, elected not to pursue this issue formally with Weld County. We felt that in time Mr. Martinez would assist the Jenkins'with improvements at least to some degree, for their own benefit any way, for the money they paid him. Since the passing of both David and Lorraine, their son Davey has continued to live in the property. You can refer to the sheriff's records surrounding today's eviction of Davey from the premises for additional detail. After entering the house, the county now realizes the condition this man has been allowed to live in. When talking at length with Vincent a few months ago, asking him to do something, he made it clear he would only contact his renters to mow the weeds as there was nothing he could do about the circumstances of his renters in Aristocrat. He had quite a disclaimer about how he tries to check his renters in advance but there is really nothing he can do about them. The conversations with him rambled in circles with no gain or results to come of them. Clearly, over time, following many offers to try to buy the property at 15123 Barley/adjacent to our acre where we live at 15163 Barley, as well as possibly the other rental acre Mr. Martinez owns just west of Davey Jenkins place, Vincent stated emphatically he had no intention of selling....it was his goal only to keep these various rental properties and collect the rent as he came out way ahead financially by doing so. With Vincent's responses over time, I have continually asked him why he did nothing to help improve the conditions of the property for his tenants. My husband placed road base in the Jenkins' driveway and graded things for them so they could drive their vehicles out. Vincent Martinez refused to help enforce a better living condition with certain restrictions, he provided no fencing behind which the old-abandoned Bethany salzman -Complaint-against Vir ant Martinez Page 2 vehicles could be placed when they have proven to be an eyesore, he has done nothing to improve the overall conditions. That property has not only been an eyesore but an extreme health hazard. I have no doubt but what if Vincent Martinez is allowed to place another renter on that acre it will further deteriorate over time as well. It is very clear Mr. Martinez has only one goal and that is to collect the rental from folks who cannot otherwise place themselves in good living conditions. _ Therefore, this complaint formally requests no more trailers be allowed to be placed on this acre at 15123 Barley. Further, Mr. Martinez needs to clear the acre of the old mobile homes and junk he has allowed to accumulate over the years. When that property was originally purchased back in 1989 to 1990, and I am approximating here, a request was placed before me by the buyers for a mobile home to be located there on that property. When I refused to allow this, the couple who had purchased the property[that acre and the one to the North] (they soon divorced and sold the acreage to Mr. Martinez), they said they needed to be able to live in the trailer for no more than six months while they built their house. It was only on this condition that a trailer was allowed. This short time has dragged on into over 12 years of having this poorly kept property adjacent to our home. Mr. Martinez has been reminded of this in each of our conversations. Back in the early years after purchasing this home, a complaint was filed with Bill Jerke a Representative at the time who said he long ago determined he would never buy a home or land in a location where so few took pride in their homes. But, we do not all have that choice. Because of financial conditions and the desire to have my horses with me, I chose to live here. Unfortunately, by not challenging Mr. Martinez and his rental properties, sparing the Jenkins family from further anguish, we have been penalized by devaluation of our property as well as being subjected to the worry and concern of having Davey living in the home with his numerous guns and strange behaviors. None of this was Mr. Martinez will to do anything about until Davey could no longer pay rental on the property. With this ill-respect for others that Mr. Martinez displays through his rental properties, both to the nearby residents as well as the renters, I emphatically oppose his being allowed to place another mobile of any setup or condition next to our property, and most importantly be allowed to retain the units and buildings that are there now. Mr. Martinez must be made to have all of his rental properties strongly in compliance with each and every regulation allowed for in the Weld County Planning environment. I sincerely hope you will see this complaint filed against Vincent Martinez. He must be made to turn the acreage into an appealing, well kept property which falls within all regulations and guidelines, allow no trailer or double-wide trailer, or trailers shoved together, etc. on the property. He has the option of selling the property to us at a fair market value. The choice is his. Please contact me at home at 303-857-0412 or my work number 720-864-5054 should you care to discuss this situation and complaint or should you need additional information. Thank you for your consideration and helping us improve our community. Elaine Stuart 15163 Barley Avenue Fort Lupton, CO 80621 -.%) 0 DEPARTMENT OF PLANNING SERVICES - Code Compliance Division 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: ZONING CODE COMPLAINT o stafVName: '$ Citizen 0 Other: HEALTH DEPARTMENT Citizen's Name(If known): tkai n, SFI1�f F WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): I BUILDING CODE COMPLAINT t PUBLIC WORKS/PEST& WEEDS Date Complaint was received: ending Case#(i.e.USR,RE,SE,ect...): .egal Description:Ins,-La, 'ANL lots)) NIMCn CIA 713 tU Parcel #: , •71.2). %iolation Address: \J%L —OrmirV Net tiVY'N n CP.\is "IDS-�c 'roperty Owners Name: CC -ki(\l)s eI.QY .. Phone: ..�% %�7r9 -i 1 'roperty Owners Address: 1c122 VAuA r- a, 4 mac* \,u. trn, (x) TC.LoZI Tenant's Name: Phone: "enant's Address: \ATURE OF COMPLAINT: NiZot- rdv.i (k Complaint Referred To: Date: @1-n Complaint Referred To: Date: Additional Notes: le tLo tP \* t&0 l"1 MP- oo33aa 1111111 11111 1111111 111I1I 11111111111111 I I 11111111111111 4` 3056402 0412812003 12:52P Weld County, CO SPECIAL WARRANTY DEED 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk&Recorder VICENTE G.MARTINEZ AND GERALDINE C.MARTINEZ whose address is 9627 E.Aspen Hill Place,Lone Tree,Colorado 80124 of the County of Douglas and State of Colorado. for and in consideration of Estate Planning considerations and other good and valuable consideration(transfer to grantor trust,no documentary fee required),in hand paid,hereby sell and convey to: THE VICENTE G.MARTINEZ LIVING TRUST,UTA dated February 26,2003, whose address is: 9627 E.Aspen Hill Place,Lone Tree,Colorado 80124 of the County of Douglas and State of Colorado, the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Parcel 1: Lots 4 and 5, Block 66,Aristocrat Ranchettes 2""Filing,County of Weld,State of Colorado. Parcel 2: Lot 6, Block 66,Aristocrat Ranchettes 2""Filing,County of Weld,State of Colorado. also known by street and number as: 15074 Good Avenue,Ft.Lupton,CO 80621 with all its appurtenances and warrants the title to the same,subject to: general taxes for the current year and subsequent years and subject to restrictions,reservations and covenants of record and except easements,rights of way, mortgages,and encumbrances of record,if any. • VICENTE G.MARTI EZ G ALDINE C.MARTINEZ STATE OF COLORADO )ss. COUNTY OFARAPAHO The foregoing instrument was acknowledged before me this 26th day of February,2003,by Vicente G. Martinez and Geraldine C.Martinez. My commission expires: 34/ 0/ Witness my hand and official seal. N r'?' _i'c1.UtsC. Notary Pub is StSke t t2:or !f0 (The legal description and the names of the record title owners were provided by the parties) Martinez, Vicente & Geraldine VI-0300104 08/11/03 i , ,',.4.6;v s y e s '� ! 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