HomeMy WebLinkAbout20033321.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST GREGORY AND BELINDA FORTE 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, Gregory and Belinda Forte, VI #0000084, are allegedly in violation of the
Weld County Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 9th day of December, 2003, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Gregory Forte, property owner, was present at said hearing, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said
violation to the Weld County Attorney's Office for legal action, with an instruction for delay of
action upon such referral until March 9, 2004, to allow adequate time for the property owners to
clean up the property, license the motor home, and for an inspection of the property by the
Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0000084 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Gregory and Belinda Forte 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,
with an instruction for delay of action upon such referral until March 9, 2004, to allow adequate
time for the property owners to bring the subject property into compliance.
2003-3321
PL0824
06 : PL, 110
VIOLATIONS -VI #0000084 - GREGORY AND BELINDA FORTE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of December, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W� C• NTO
ATTEST: Let,M �/i . .,� ��
s :•. David E. Long, Chair
Weld County Clerk to Ek(
a'4SZ; EXCUSED
w ♦ Robert D. sden, Pro-Tern
Deputy Clerk to the * � � l/ At.
M. J. eile
AP D T 'M: -iRt
William Jerke
ounty Attorn•y zidA
Glenn Vaad
Date of signature: a/1
2003-3321
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Gregory& Belinda Forte
Violation: VI-0000084
Address: 3666 Cottonwood Lane, Sunny Acres, Brighton, CO 80601
Legal: Lot 8, Block 3, Sunny Acres Subdivision, Weld County, Colorado
Location:
North: South of and adjacent to CR 10, approximately 3 miles South of Hwy 52
South: Approximately 1/2 mile North of CR 8
East: West of and adjacent to CR 37, approximately 2 'A miles West of 1-76
West: Approximately 5 miles East of Hwy 85
Parcel Number: 1471-13-1-03-002 Acreage: 2.3 +/-Acres
Certified mail date: October 21, 2003 Received: October 27, 2003
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30
and 23-3-30.1 of the Weld County Code.
REMEDY
To bring the property into compliance with the Weld County code, the"Noncommercial Junkyard"shall be
restored, removed or completely screened from all adjacent properties and public rights-of-ways.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office for immediate legal action.
CASE HISTORY
January 21, 2000 Initial complaint received.
February 1, 2000 Initial inspection completed by Vicki Brown.
March 1, 2003 Sunny Acres Community Clean-Up was conducted.
June 12, 2003 Property inspected, remains in violation.
June 16, 2003 Five day compliance encouragement letter sent.
June 23, 2003 Violation letter re-issued.
September 26, 2003 Property inspected, remains in violation.
October 21, 2003 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners for December 9, 2003.
2003-3321
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Page 1 of 2, VI.0000084
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
W W W.CO.W ELD.CO.US
' E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100, Ext. 3555
Q Fax (970) 304-6498
•
COLORADO
•
October 21, 2003
Mr. & Mrs. Gregory Forte
3666 Cottonwood Lane
Sunny Acres Subdivision
Brighton, CO 80601
Subject: VI-0000084, Lot 8, Block 3, Sunny Acres, Weld County, Colorado
Dear Mr. & Mrs. Forte:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on December 9, 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 III, Div 1 "A (Agricultural) Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-30.1 "Noncommercial Junkyard."
To bring the property into compliance:
The"Noncommercial Junkyard"consisting of derelict vehicles shall be restored, removed
or screened from all adjacent properties and public rights-of-ways.
I was under the impression that you would be forwarding a picture of a proposed screen.ng
material. Please be advised that we have not received any such proposal.
DERELICT VEHICLE:A vehicle that is inoperable(unable to move under its own power);is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; is not registered with the State, as required by Section 42-3-103, C.R.S., or by
Section 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not
permanently attached to the vehicle, as required by Section 42-3-123,C.R.S.;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, C.R.S. 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. A SCREENING PLAN shall be submitted and approved by the
Department of Planning Services.
Mr.8 Mrs.Forte
Page 2 of 2, VI-0000084
•
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,6#12z, H
Bethany ma I
Zoning Compliance Officer 8, - 2 z c s
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pc: VI-0000084 S ) 8 s 0 g
Department of Planning Services toti
Bruce Barker, County Attorney w "" 8 ` 2 a
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Weld County Department of Planning Services
i. Inspection Report
lingC 1555 N. 17' Avenue
COLORADO Greeley, CO 80631 \ .
Date of Inspection: `1i+►-' aka i
Permit/Case No.:
• PropertyOwnerName: E t
Address:
Upon a visual inspection of the property listed above,the following items were
noted: ,e: i
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Inspection by: (-
Contact Phone Number: 970-353-6100 Ext. 3540 • •
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Copy of this inspection was:
❑ Left on site 'Mailed on: r22l-L
Pictures on file: t Yes 0 No
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I C DEPARTMENT OF PLANNING SERVICES Code Compliance Division
O Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
COLORADO 1555 N•P7th Avenue, Greeley, CO 80631
h Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
WELD COUNTY
ZONING VIOLATION NOTICE
June 23, 2003
Mr. & Mrs. Gregory Forte
3666 Cottonwood Lane
Sunny Acres Subdivision
Brighton, CO 80601
Subject: VI-0000084, Lot 8, Block 3, Sunny Acres,Weld County, Colorado
Dear Mr. &Mrs. Forte:
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 III, Div 1 "A (Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-3-30.1 "Noncommercial Junkyard."
To bring your property into compliance with the Weld County Code: •
The"Noncommercial Junkyard"consisting of derelict vehicles and wood shall be restored, removed
or screened from all adjacent properties and public rights-of-ways.
As I indicated on the telephone, please take a picture of a similar type of fence that you are
considering installing and send it to me as soon as possible. Anything other than a standard wooden
privacy fence,must be approved by the Department of Planning Services. Thank you for your prompt
attention to this matter and please let me know if I can do anything to assist you in bringing your
property into compliance.
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 60 (sixty)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.
Mr.&Mrs.Forte
Page 2,VI-0000084
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, 'n^+►,A 1 �,'�
Bethany n L1
Zoning Compliance Officer -
pc: VI-0000084
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
■ Website: WWW.CO.WELD.CO.US
WI E-mail Address: bsalzman@co.weld.co.us
lige. 1555 N 1 thon : (97ue,0) G53-6ley,100 ExO 83541
Phone: (970) 353-6100, Ext. 3540Fax: (970) 304-6498
COLORAD
June 16, 2003
Mr. & Mrs. Gregory Forte
3666 Cottonwood Lane
Sunny Acres Subdivision
Brighton, CO 80601
Subject: VI-0000084, Lot 8, Block 3, Sunny Acres, Weld County, Colorado
Dear Mr. &Mrs. Forte:
It has come to the attention of the Department of Planning Services'staff that the uses on your property may
not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance with the Weld
County Code is the presence of a "Noncommercial Junkyard"consisting of derelict vehicles and wood.
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 secondhand
materials are stored or handled,including but not limited to scrap iron and other metals, paper,
rags, rubber tires, building
materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or
keeping of DERELICT VEHICLES registered last or currently registered under the property
owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If
the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED
within a BUILDING cr 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.
Mr.&Mrs.Forte
Page 2,VI-0000084
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, cc
Bethany Salzman
Zoning Compliance Officer
pc: VI-0000084
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
:.
/,4y/ /(W Weld County Department of Planning Services
WilliI I Inspection Report
e 1555 N. 17"' Avenue
COLORADO Greeley, CO 80631 _ty
Date of Inspection: (=t'' (Z• Li-2,,
•Permit/Case No.: +: is (__i„6 1, 1'%/t4 .
PropertyOwnerName: r,.c -'r ( :�lOtt 3( H ( k f", �.) ‘' t , 1 ,, ;1.
;}
Address: F,1,y id3.1:c l e 1,1,--Tv ,,Lc"(1,141 1.../Ni Q . u
Upon a visual inspection of the property listed above, the following items were r (:—.54t 4l.,;(..?(
noted:
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Contact Phone Number: 970-353-6100. Ext. 3540
Copy of this inspection was: O Left on site ,'Mailed on: (.1 -1(''';'' ( . :j
Pictures on file: ❑ Yes 9f,No
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WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R6227386 Parcel#: 147113103002
�� VIIrCIrsllilWpR+ieftlGe.-xr ,....r.�si+ ai'9aviaw.va>�a:,ru - .. ..•-.• n,,9CBT,:'fuS.taNgWYn.-*,aan,.t,h..z....14261....mrimmei
Tax Area: 2214 Bordering County:
Acres: 2.3
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
01 - 66 - 13 - 1 SUNNY ACRES - 3 - 8
d .. ,suxsweme s,.:.a.ss:Lru:.-:.mr-tnm�uawwtu:
Qwners Name&_Address: Property Address:
FORTE GREGORY A& Street: 3666 COTTONWOOD LN WELD
3666 COTTONWOOD LN City: WELD
BRIGHTON, CO 80603
Business/Complex:
• Sales Summery
Sale Date Sale Price Deed Type. Reception.#
7/30/2002 $0 QCN 2980032
Legal Description
• SA3-8 L8 BLK3 SUNNY ACRES SITUS: 3666 COTTONWOOD LN WELD 00000
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Acres 2.3
Land Subtotal: 2.3 $65,550 $5,220
Buildings Valuation_Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
2 Out Building
Improvements Subtotal: $137,301 $10,930
Total Property Value $202,851 $16,150
Building Details
Account#: R6227386 Parcel#: 147113103002
Owners Name 8e Address: Property_Address:
FORTE GREGORY A & Street: 3666 COTTONWOOD LN WELD
3666 COTTONWOOD LN City:WELD
BRIGHTON, CO 80603
Building# Property_Type
1 Residential
Individual Built As Detail
Built As: Split Level Year Built: 1973
•
Exterior: Frame Masonry Veneer HVAC: Error
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Interior Finish: Drywall Built As SQ Ft: 1828
# of Baths: 2 Roof Type:
# of Bdrms: Roof Cover: Composition Shingle
# of Stories: 1
Rooms: Units: 0
Garage:
Attached SQ Ft: 484 Detached SQ t:
Basement:
Total SQ Ft: 728 Finished SQ F.:
Account#: R6227386 Parcel#: 147113103002
Owners.Name&Address: Property Address:
FORTE GREGORY A & Street: 3666 COTTON DO! t N WELD
3666 COTTONWOOD LN • City: WELD
BRIGHTON, CO 80603
Building# Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1976
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 80
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
# of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
•
•
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Parcel No -1471-13'1-113-t°02
Owner jFORTE GREGORY A& BELINDA G ��
. ' Status:' comrr.ar L - Written By -ITES Sec/Two/Rog: 13-01 66-LICT VEHICLE D o'atio x 3866ECOTTDNW00D LN
i. Zoning Dist Permit Hum
App Type: Iv' a (BCV=BLDNG VIII.VI=ZONING VII],WCV=WELD VIO"bcv+ vi'] ,
Class Code: VI 11 i
I vehicle storage
I Complaint 04/12/2000 Init: [TES NO VI: 1 1 Imt: 'Q
5 Day Letter ! / Init
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e zName1FORTEGREGORYA & BELINDAG fret,: a33L8BLY.35UNN1'ACPEE
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DEPARTMENT OF PLANNING SERVICES
COMPLAINT REPORT.
wilve
COLORADO V ��
❑ ZONING COMPLAINT Complaint Initiated by:
a BUILDING CODE COMPLAINT o J /W.❑ Staff o Citizen a Other
LEGAL DESCRIPTION: sn /5 4 � 5(t 717flu/ �v`�`'��/1
VIOLATION ADDRESS: Sh97o ( t t//7q/NGf
Parcel# M7//3/ � ATTACH COPY OF D ED ,/�j
C4 / ho e# eft
Property Owner's Name. �/ff (1-ile��/'J�nn/, �tho�neG# / j //��
Property Owners Address: r/Oa � e�-�##eta` 1 A j?Ain/A-2029
Cl
Tenant's Name and Mailing Address: •
NATURE OF COMPLAINT: 1)47
Zoning Complaint Referred To: J . {/ Date:
Building Code Complaint Referred To: Date.
Case Assigned To: Date:
_ ACTION OF INVESTIGATOR: Date of Inspection: 0//7/7)
Inspection of property indicates:
❑ No violation of the Weld County o Zoning I a Building Code Ordinance
Referred to: on
o No violation of the Weld County a Zoning / a Building Code Ordinance
o Violations of the following Sections of the a Zoning
a Building Code Ordinance
ACTION ON COMPLAINT: a No Action Taken/No Violation ❑ Violation File Started
Date Date
CASE REVIEWED BY SUPERVISOR Date
SUPERVISORS COMMENTS
NOTE: Attach ail pertinent information and facts disclosed by investigation to this form.
• 1111111111111111111111111111111111111111111111111111
2980032 08/21/2002 11:30A Weld County, CO
032 1 of 1 ft 5.00 0 0.0D J.A. "Sukl"Tsukamoto
QUIT CLAIM DEED
THIS DEED,made this 30th day of July,2002,between
Gregory A.Forte
of the County of,State of,grantor,and
Gregory A.Forte and Belinda G Forte AS JOINT TENANTS
whose legal address is 3666 Cottonwood Lane,Brighton,Colorado 80603,grantee:
WITNESSETH,That the grantor for and in consideration of the sum of Ten and No/l00($10.00)Dollars,the receipt
and sufficiency of which is hereby acknowledged,rendsed,released,sold and QUITCLAIMED,and by these presents does
remise,release,sell and QUITCLAIM unto the grantees,their heirs,successors and assigns forever,not in tenancy in common
but in joint tenancy,all the right,title,interest,claim and demand which the grantor has in and to the real property,together with
improvements,it any,situate,lying and being in the County of Weld and State of Colorado described as follows:
Lot 8,Block 3,Sunny Acres Subdivision,County of Weld,State of Colorado
as known by street and number as:3666 Cottonwood Lane,Brighton,Colorado 80603
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and priveleges thercunto
belonging,or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the grantor,either
in law or equity,to the only proper use,benefit and behoof of the grantees,their heirs and assigns forever.
The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all
genders.
SEE ATTACHED EXHIBIT A
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
9-Ala,
Gregory AlFort
STATE OF COLORADO
County oftfilenj
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The foregoing instrument was acknowledged before me this 30th day of July,2002 by Gregory A.Forte and Belinda G Forte.
My Commission expires: -30\04
Notary
nary Public
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