HomeMy WebLinkAbout20031772 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on June 3, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tern - EXCUSED
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Sharon Kahl
County Attorney, Lee Morrison
Planning Department representative, Bethany Salzman
Planning Department representative, Peggy Gregory
Planning Department representative, Jeff Reif
The following business was transacted:
I hereby certify that a public hearing was conducted to consider whether to authorize the County
Attorney to proceed with legal action against the individuals named for violations of the Weld
County Zoning Ordinance. Cases were heard as follows:
VI #0000096 - RODRIGUEZ/CORONA: Bethany Salzman, Department of Planning Services,
presented the case report for the record and stated the property is in violation of Sections 23-3-20,
23-3-30, and 23-3-30.1 of the Weld County Code. To bring the property into compliance, the
noncommercial junkyard, consisting of derelict vehicles, automobile parts, trash, mattresses and
miscellaneous debris shall be restored, removed or completely screened from all adjacent
properties and public rights of way.
Pablo Rodriguez, property owner, was present and stated that 45 days would give him adequate
time to remove the remaining derelict vehicle and camper trailer.
Commissioner Long moved to refer VI #0000096 against Pablo Gomez Rodriguez and Josie
Corona to the County Attorney for legal action, with the instruction to delay action upon such
referral until July 18, 2003, to allow adequate time for the remaining derelict vehicle and camper
trailer to be removed, restored, or completely screened from all adjacent properties and rights-of-
way. The motion was seconded by Commissioner Geile, and it carried unanimously.
VI#0200645-CHRISPEN: Peggy Gregory,Department of Planning Services, presented the case
report for the record and stated the property is in violation of Section 29-8-40 of the Weld County
Code. To bring the property into compliance, all inspections must be completed and a Certificate
of Occupancy issued.
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John Chrispen, property owner, was present and stated that before he and his wife moved to the
property,they were told that all the inspections had been completed and they were not aware there
was no Certificate of Occupancy. They,further stated they are selling this home, and do not have
the funds available to bring the house into compliance. Responding to Commissioner Geile, Ms.
Gregory stated that the utility companies set the meters prior to the final inspection.
Responding to Commissioner Jerke, Mr. Morrison stated if this case is referred to the County
Attorney for a delayed setting, it would be at least 60 days to show up in the title insurance to make
the next buyer aware that there is County activity on this property. Ms. Gregory stated she spoke
with the real estate agent who is reporting Genesis Homes and the appraiser to the Board of
Realtors. Responding to Commissioner Vaad, Jeff Reif, Department of Planning Services, stated
that when the Inspector went out to do the final inspections the house was locked, however, they
can send an inspector out to see what corrections are necessary. Responding to Commissioner
Jerke, and Mr. Morrison, Mr. Chrispen stated they did owe more on the house then it is worth, and
he does not know if Genesis is still in business. Mr. Morrison suggested that Mr. Chrispen consult
an attorney, or investigate financial programs available. After further discussion on making a
potential buyer aware that there are structural problems, Commissioner Jerke moved to refer
VI #0200645 to the County Attorney for immediate legal action. The motion was seconded by
Commissioner Vaad. Counsel talk to Mr. Crispen about how to proceed and protect future buyer.
Mr. Morrison stated Weld County Building Inspection inspect and outline what needs to be done,
then provide to Mr. Chrispen and his listing agent. They have to provide to any interested
purchaser agreement between Weld County and Mr. Chrispen. If he sells he needs to disclose
problems with structure to potential buyer. Commissioner Jerke withdrew motion and
Commissioner Vaad seconded.
Commissioner Vaad moved to refer VI#0200645 to the County Attorney for legal action, with the
instruction to delay action upon such referral until August 3, 2003, conditional upon Mr. Chrispen
executing an agreement with Weld County to disclose the structural problems indicated by the
Building Inspection Department to any potential purchaser of the property and,further, to allow the
property to be inspected immediately. The motion was seconded by Commissioner Geile, and it
carried unanimously.
VI#0300067-MOSSBERG: Ms. Gregory presented the case report for the record and stated the
property is in violation of Section 29-8-40 of the Weld County Code. To bring the property into
compliance, inspections must be completed and a Certificate of Occupancy issued. Neither the
property owner nor a representative was present, and there was no public testimony given.
Responding to Commissioner Vaad, Ms. Gregory stated that Mr. Mossberg called her and agreed
to bring the property into compliance. He scheduled an inspection for May 15, 2003, however,
correction notices were left and Ms. Gregory has not heard from Mr. Mossberg since then.
Commissioner Vaad moved to refer VI #0300067 against Mossberg Family Farm, Gerald
Mossberg, Eugene Mossberg, and Steven Mossberg to the County Attorney for legal action, with
the instruction to delay action upon such referral until September 3, 2003, to allow adequate time
for inspections to be completed and a Certificate of Occupancy to be issued. The motion was
seconded by Commissioner Jerke, and it carried unanimously.
VI #0300039 - VAUGHN: Ms. Gregory presented the case report for the record and stated the
property is in violation of Section 29-8-40 of the Weld County Code. To bring the property into
Hearing Certification, Zoning Violations
June 3rd, 2003 2003-1772
Page 2 PL0824
compliance, inspections must be completed and a Certificate of Occupancy issued.
Neither the property owner nor a representative was present, and there was no public testimony
given.
Commissioner Geile moved to refer VI #0300039 against Vaughn Living Trust, Meadows Mobile
Home Village to the County Attorney for immediate legal action. The motion was seconded by
Commissioner Vaad, and it carried unanimously.
This Certification was approved on the 9th day of June, 2003.
�/�� APPROVED:
N,
ATTEST: aj� BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
Clerk to :oard
David E. Long, Chair
1861IfY 'N _ t���
k to the Board EXCUSED
O � Robert D. M n, Pro-Tem
RI
%a#t 2(VI)
M. J. G ilez(‘
Willis Jerke
-eii gee".-A
Glenn Vaad
Hearing Certification, Zoning Violations
June 3rd, 2003 2003-1772
Page 3 PL0824
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