HomeMy WebLinkAbout20032376.tiff d;,id County Planning Department
GREET EY OFF;('[
CORRESPONDENCE RESPONSE JUN 2 2993
DEPARTMENT OF / (AV/ii/Li/717/14/(W RECENED
* * * 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:
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METHOD OF RESPONSE:
- Board Action
- Work Session
Letter (Attached)
- Telephone Call
- No Response (explain) Hinu
Department Head Signature
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BOARD ACTION: (Initial by Approval)
Agree with Recommendation ✓ \/ `� W ✓/
Worksession
L1 .; 4
2003-2376
C7f% . . /3• ll_ C :' ' C-t
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 retuming 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 immediately.
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 concemed 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 concem 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 retum 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 retum 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 buming 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,
Laws- . coL CJ owk1
Elaine Stuart and Larry Speer
15163 Barley Avenue
Fort Lupton, CO 80621
Work: 720-864-5054
Home: 303-857-0412
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