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Home My WebLink About20033411.tiff DISTRICT COURT, WELD COUNTY, COLORADO Court Address; 901 9th Avenue, P.O. Box 2038, Greeley,CO. 80632 Phone Number: (970)351-7300 VICTORIA LYNN LEMAY, Respondent, vs. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, _ Lee D. Morrison, Assistant Weld County Attorney 915 Tenth Street P.O. Box 758 Case Number:03-CV- Greeley, Colorado 80632 .563 Phone Number: (970)336-7235 Division: 5 Fax Number: (970)352-0242 E-Mail: Lmorrison@co.weld.co.us Attorney Registration #8067 VERIFIED COMPLAINT RESPONSE AGAINST PRELIMINARY AND PERMANENT INJUNCTION COMES NOW the Respondent, representing herself, for my complaint against the Plaintiff, The Board of County Commissioners of the County of Weld, State of Colorado, alleges as follows: GENERAL ALLEGATIONS 1. This is a response seeking relief, pursuant to Rule 65, C.R.C.P. , and C.R.S. , Section 30-28-124, and C.R.S. , Section 30-28-209, from the plaintiff stopping my using, or allowing the use, of my property which is not now in violation of the Weld County Code, hereinafter "County CodeLJ." - r Page 1 LC 6.9 PE 2003-3411 2. Petitioner, Weld County, by and through the Board of County Commissioners of Weld County, Colorado, is a political subdivision of the State of Colorado and a body corporate and politic and is a Home Rule County organized pursuant to statutes of the State of Colorado, and the Weld County Home Rule Charter. Pursuant to the authority of C.R.S. , Section 30-28-101, et seq. ,as amended, the Weld County Board of County Commissioners duly enacted and adopted the Zoning Resolution, a comprehensive resolution establishing land use, zoning and regulations for the use of land and buildings within the unincorporated portions of Weld County, Colorado. The Zoning Resolution, with amendments, was in full force and effect until August 25,1981, at which time, it was superseded by Weld County Ordinance No. 89 (Zoning Ordinance) . The Zoning Ordinance, which was codified as Chapter 23 of the County Code, effective January 2, 2001, with amendments,has been in full force and effect at all times material herein and is applicable to the property in question. FIRST CLAIM FOR RELIEF (Number of Animal Units) 3. The allegations of paragraphs 1 and 2 are incorporated as if fully set forth herein. 4. That at all times material hereto, the Respondent has been the owner/ occupant of property described as Lot 3, Block 52, Aristocrat Ranchettes, 2nd filing, Weld County, Colorado, also known by street and number as 15468 Lamb Avenue, Fort Lupton, Colorado 80621. 5. Respondent has been given notice of the violation, and the Weld County Board of County Commissioners has authorized Legal action for failure to reduce the number of dogs to four or to complete and submit a Use by Special Review Permit application and obtain approval of said permit. Respondent has significantly reduced the number of dogs on the acre and is trying to raise the money to get the Special Use Permit. 6. That on May 13, 2003 at a Violation Hearing, the Board of County Commissioners deemed it advisable to refer said violation to the County Attorney's Office, with the instruction for delay of action upon such referral until July 13,2003 to allow adequate time for the property owner to comply with the Weld County Code. That since at least July 25, 2003 and continuing through August 27,2003, and continuinuing on information and belief, to this date, The Respondent, Victoria LeMay has kept, fed and maintained, or allowed the feeding, and maintenance of a number of dogs in excess of those allowed by right on parcels in the Agricultural Zone District without first complying with the Weld County Code by applying for and obtaining appropriate permits. The violation of the County Code, is in the process of being remied as soon as the Permit is allowed or the animals removed from the premises. 7. The Respondents above-desribed violation of the Weld County Code by her failure to apply for and obtain appropriat permits in order to use the property in a manner consistent with the Weld County Code is not detrimental to the County of Weld and its inhabitants as Respondents is adding an addition on to her primary home and has applied for and had approved a building permit and a septic permit and all this zoning problems stems from this building permit application. Also when applying for the building permit, it was stated by the zoning inspector, Ms. Salzman, Page 2 at the building and planning department, "that we would not be issued a Certificate of Occupancty until such time as the zoning violations were remied'. We the Respondent and family assumed that to mean that we had a year to complete the addition, septic and remedy the zoning violations. Therefore such violation does not result in irreparable harm to the County of Weld and its inhabitants for which the Petitioner has no adequate remedy at Law. Also some of these dogs on the property are 15 to 20 years old and we have had many of these dogs since they were puppies. We have contacted all the non—kill shelters and have been told that there is no room at any of these places for any more animals. Therefore the only remedy would be to destroy these animals which seems cruel and unusual punishment for animals which have been on my property for many years. none of these animals are vicious are are allowed to run at large as many peoples animals do in the Aristocrat Ranchettes Subdivision. SECOND CLAIM FOR RELIEF (Permitted Mobile Home) 8. The allegations of paragraphs 1 through 7 as incorporated as if fully set forth herein. 9. Respondent has been given notice of the violation and the Weld County Board of County Commissioners has authorized legal action for failure to restore or remove derelict mobile home. 10. That on May 13,2003 at a Violation Hearing, the Board of County commissioners deemed it advisable to refer said violation to the County Attorney's Office, with an instruction for delay of action upon such referral until July 13. 2003, to allow adequate time for the property owner to comply with the Weld County Code. That since at least July 25, 2003, and continuing through August 27,2003, and continuing, on information and belief, to this date, the Respondent, Victoria Lemay has used, maintained, stored, or allowed the use, maintenance, storage of the alleged derelict mobile home located on the above-described property, and has not complied with the Weld County Code. (The Weld County Code was in effect when this mobile home was first permitted in 1979 and this matter was already adjudicated in case #88 CV 363 in 1988 and also this mobile home for storage has been grandfathered and has been restored) . 11. The Respondents above-described violation of the Weld County Code has been remedied by restoring the derelict mobile home in order to use the property in a manner consistent with the Weld County Code and is not detrimental to the County of Weld and its inhabitants in that it does not frustate the purpose of the County Code to preserve and protect the public health, safety, and general welfare of the residents of Weld County. THIRD CLAIM FOR RELIEF (Non-Commercial Junkyard) 12. The allegations of paragraphs 1 through 11 as incorporated as if fully set forth herein. 13. That on May 13,2003 at a Violation Hearing, the Board of County Commissioners deemed it advisable to refer said violation to the County Attorney's Page 3 Office. with an instruction for delay of action upon such referral ultil July 13, 2003, to allow adequate time for the property owner to comply with the Weld County Code. That since at least July 25,2003, and continuing through August 27,2003, and continuing, on information and belief, to this date, the Respondent, Victoria Lemay has used, maintained, stored, or occupied or allowed the use, maintenance, storage, or occupancy of the non-commercial junkyard located on the above described property. This "junkyard" has been compliance and has already been addressed by case #88 CV 363 in 1988 and has had a plan in place since 1988 and has had a six foot wood privacy fence in place since 1988. 14. The Respondents above-described violation of the Weld County Code by her alleged failure (not true) see above paragraph. to submit and have a screening plan approved by the Department of Planning Services and installed around the non-commercial junkyard (very noncommercial because if we were able to make any money here there would not be any cars or junk at this location because we would have a commercial location afforded.) Therefore we use the property in a manner consistent with the Weld County Code and is not-detrimental to the County of Weld and its inhabitants in that it does not frustrate the purpose of the County Code to preserve and protect the public health, safety, and general welfare of the residents of Weld County. Respondents have remedied said violation and there is no irreparable harm to the County of Weld and its inhabitants. WHEREFORE, the Respondent prays the Court for judgment as follows: A. That a preliminary injunction or order of abatement be denied enjoining Respondent, her servants, employees, licensees, and guests from using, maintaining, storing, or occupying or allowing the use, maintenance, storage, or occupancy of said number of dogs on property described in paragraph 4 of this Complaint until Respondent first complies with the Weld County Code by reducing the number of dogs to four or to apply for and obtaining a Use by Special Review Permit. In the alternative, that an Order enter requiring the dogs to be removed from the property. B. That a preliminary injunction or order of abatement be denied enjoining Respondent, her agents, servants, employees, licensees, and guests from using, maintaining, storing, or occupying or allowing the use, maintenance, storage, or occupancy of said mobile home on the property described in paragraph 4 of this Complaint until Respondent either restores or removes from the property. c. That a preliminary injunction or order of abatement be denied enjoining Respondent, her agents, servants employees, licensees, and guests from using, maintaining, storing, or occupying or allowing the use, maintenance, storage, or occupancy of said non-commercial junkyard on the property described in paragraph 4 of this Complaint until Respondent has a screening plan approved by the Weld County Department of Planning Services and installed (already done) . In the alternative, that an Order be denied requiring the non-commercial junkyard to be removed from the property. Page 4 D. That on final hearing, an order be denied permanently enjoining the Respondent, her agents, servants, employees, licensees, and guest from using, maintaining, storing, or occupying, or allowing the use, maintenance, or occupancy of said number of dogs on property described in paragraph 4 of this complaint until Respondent first complies with the Weld County Code by reducing the number of dogs to four or to apply for and obtaining a Use by Special Review Permit. In the alternative, that an Order not be enter requiring the dogs to be removed from the property. E. That on final hearing, an order be denied permanently enjoining the Respondent, her agents, servants, employees, licensees, and guests from using, maintaining, storing, or occupying, or allowing the use, maintenance, storage, or occupancy of said mobile home on the property described in para- graph 4 of this Response until Respondent either restores (already done) or removes from the property. F. That on final hearing, an order of abatement be denied enjoining Respondent, her agents, servants, employees, licensees, and guests from using, maintaining, storing, or occupying or allowing the use, maintenance, storage, or occupancy of said non-commercial junkyard on the property described in paragraph 4 of this Response until Respondent has a scrrening plan (already in place) and was approved by the Weld County Department of Planning Services and installed. In the alternative that an Order be denied requiring the non-commercial junkyard to be removed from the property. G. That the Petitioner be denied its costs in this action. H. That the Court grant the respondant such further relief as the Court deems just and proper. VICTORIA L. LEMAY Defendant By: t , 4° 9y, ADDRESS OF DEFENDENT: Defendent 15468 Lamb Avenue Fort Lupton, Colorado 80621 Page 5 STATE OF COLORADO ) )ss. VERIFICATION COUNTY OF WELD ) I, Victoria L. Lemay, the undersigned, defendent, being sworn, atate: That the facts set forth in the foregoing RESPONSE are true to the best of my knowledge, information, and belief. Victoria L. Lemay, Defendent 15468 Lamb Ave. Fort Lupton, Colorado 80621 720-206-1093 SUBSCRIBED AND SWORN to before me this 14 day of December, 2003. WITNESS my hand and official seal. )(-4 . Q, 1 No ary Public Q My commission expires: �(\,, _ y� l Q/ ace,l Page 6 Hello