HomeMy WebLinkAbout20030407.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST DONALD SULLIVAN 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, Donald Sullivan, VI #0200358, 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 11th day of February, 2003, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Donald Sullivan 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 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 April 11, 2003, to allow adequate time for the property owner to
clean up the property and apply for the vehicle title, 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 #0200358 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Donald Sullivan 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 April 11, 2003, to allow adequate
time for the property owner to clean up the property and apply for the vehicle title.
2003-0407
j/j) PL0824
VIOLATIONS -VI #0200358 - DONALD SULLIVAN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of February, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
W COUNTY, COLORADO
ATTESTfa
: �i
I `��� [ Etc, D vid E. Lo g, air
Weld County Clerk to th :o1861 -
0,;CV Robert D. M den, Pro- m
BY: 'G/. . •
Deputy Clerk to thee.
UNI M. J. eil
AP OV AS TO F EXCUSED
Willia . Jerke
C my orney ems,- 110 s
Glenn Vaad
Date of signature: fit
2003-0407
PL0824
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: Mr. Donald Sullivan
Violation: VI-0200358
Mailing Address: 1717 58th Avenue, Greeley, CO 80634
Situs Address: 4318 Yosemite Drive, Hill-N-Park, Greeley, CO 80634
Legal: Lot 18, Block 4, Hill-N-Park, 1st Filing, 1st Replat, Weld County,
Colorado
Location:
North: Residential, City of Evans
South: Residential, City of Evans
East: Residential/light Agriculture, City of Evans
West: Residential, City of Evans
Parcel Number: 0959-26-3-19-006
Certified mail date: January 20, 2003 Received: January 23, 2003
Currently the property is in violation of Chapter 23, Article III, Division 2 of Sections 23-3-150, 23-3-
150.8 and 23-3-150.C of the Weld County Code.
REMEDY
To bring the property into compliance, the "Noncommercial Junkyard" consisting of 2+ derelict vehicles,
couches, furniture, mattresses and miscellaneous debris shall be removed or restored. A
"Noncommercial Junkyard" is not an allowed use in the R-5 Zone District.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
Office, but to delay action for 60 days to allow continued progress.
CASE HISTORY
July 17, 2002 Initial complaint received from the Weld County Sheriffs Office.
July 17, 2002 Initial inspection completed.
July 19, 2002 Five day compliance encouragement letter issued.
July 25, 2002 Violation letter issued.
January 14, 2003 Property inspected. Property still in violation.
January 20, 2003 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
2003-0407
)
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
' E-mail Address: bsalzman@co.weld.co.us
C 1555 N 17th Aven31
Ph Phone (970) 353-6100
3-6100
Fax (970) 304-6498
COLORADO
January 20, 2003
Mr. Donald Sullivan
1717 58th Avenue
Greeley, CO 80634
Mr. Larry Brunner
4318 Yosemite Drive
Hill-N-Park
Greeley, CO 80634
Subject: VI-0200358, Lot 18, Block 4, Hill-N-Park, 1" Filing, 1" Replat, Weld County, Colorado
Dear Mr. Sullivan and Mr. Brunner:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on February 11, 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 2 "Residential Zone Districts"
Section 23-3-150 "R-5 (Mobile Home Residential) Zone District."
Section 23-3-150.8 "Uses by right."
Section 23-3-150.C "Accessory uses."
To bring your property into compliance with the Weld County Code:
The"Noncommercial
and miscellaneous items shall be restored or removed. As we discussed, unfortunately, a
"Noncommercial Junkyard" is not an allowed use in the R-5(Residential)Zone District,such as
Hill-N-Park.
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.
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Mr. Sullivan&Mr.Brunner
Page 2
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,4414k9iii\r\CtNe
Bethany Salzman
Zoning Compliance Officer 2 N o
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pc: VI-0200358 a
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Department of Planning Services DO tinm` >2D D ,v
Bruce Barker, County Attorney . a F S D —
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Inspection Report -�
WfIVc 1555 N. 17`h Avenue
COLORADO Greeley, CO 80631
1 \L OS Date of Inspection: _
Permit/Case No.: \('C- 6 ZOl'-) t
Property Owner Name:'5uXVt v� t •
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Address: L-•\2-)15
Upon a visual inspection of the property listed above,the following items were
noted: •
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Inspection by Contact Namer"r 1 Ncrn
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Contact Phone Number: 970-353-6100, Ext. 3540
Copy of this inspection was: D Left on site .Mailed on: \-7O-tom
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• ' Pictures on file: Yes 0 No a
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DEPARTMENT OF PLANNING SERVICES Code Compliance Division
Website: WWW.CO.WELD.CO.US
IBC.
E-mail Address: bsalzman@co.weld.co.us
111 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORAD
WELD COUNTY
ZONING VIOLATION NOTICE
July 25, 2002
Mr. Donald Sullivan
1717 58'h Avenue
Greeley, CO 80634
Mr. Larry Brunner
4318 Yosemite Drive
Hill-N-Park
Greeley, CO 80634 -
Subject: VI-0200358, Lot 18, Block 4, Hill-N-Park, 1" Filing, 1st Replat, Weld County, Colorado
Dear Mr. Sullivan and Mr. Brunner:
The uses on the above described property are being considered as a zoning code violation of Sections of the
Weld County Code. Currently your properly is in violation of the following Section(s)of the Weld County Code:
Chapter 23,Article Ill, Div 2 "Residential Zone Districts"
Section 23-3-150 "R-5(Mobile Home Residential)Zone District."
Section 23-3-150.8 "Uses by right."
Section 23-3-150.C "Accessory uses."
To bring your property into compliance with the Weld County Code:
The"Noncommercial Junkyard"consisting of 2+ derelict vehicles and miscellaneous items shall be restored or removed. As we
discussed,unfortunately,a"Noncommercial Junkyard"is not an allowed use in the R-5(Residential)Zone District,such as Hill-N-Park.
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 ,July 25,2002,
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 ore-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,
Oft ,
•
Bethany Salzman
Zoning Compliance Officer
pc: VI-0200358
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
rat6 •
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
ELD.CO.Un
E-mail Address: bsalzman@co.weld.co.us
' 1555 N. 17th Avenue, Greeley, CO 80631
C Phone: (970) 353-6100, Ext. 3540 11 D
Fax: (9 O Fax: (970) 304-6498
COLORADO
July 19, 2002
Mr. Donald Sullivan
1717 58i°Avenue
Greeley, CO 80634
Mr. Larry Brunner
4318 Yosemite Drive
Hill-N-Park
l l-N-Park
Greeley, CO 80634
Subject: VI-0200358, Lot 18, Block 4, Hill-N-Park, 1" Filing, 1" Replat, Weld County, Colorado
Dear Mr. Sullivan and Mr. Brunner:
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. The potential noncompliance with the Weld County Code is a
"Noncommercial Junkyard" consisting of derelict vehicles, televisions and miscellaneous debris. In the
Residential Zone District, such as Hill-N-Park, this is not an allowed use; therefore, any derelict vehicles shall
be repaired or removed from the property.
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....
NONCOMMERCIAL IUNKYARD: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 NONCOMMERCIAL JUNKYARD may
also include the 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.
•
Please contact me within five working days of the date of this letter to review these concerns with me. Failure
to.show progress or to close the violation, 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 Salzma
Zoning Compliance Officer
pc: VI-0200358
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
iPtc'•E•MITS' •lus &rx
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r List Parcels by Parcel Number ®R®'
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"'Farce PercelNo:10959-26-319-006 ,1 _ ,- @
1660526 1jpdate BeMap Dank Exit,
Primary Address _ Generallnfortnatio4„- Info
No Dir I Street Name City Id.. HIL iSubdrvision.� - -
4318 C YOSEMITE DR
Fract I I Select M Address fi Lot' ID's -
. Area;' 0.00 Acres:'
Zoning.l 1
4318 YOSEMITE DR WELD - ' ' I Vew
»:, .,'' Census Tract l Cen Block
� Primary Owner Information'*F, , _ `' x Cocrd[I Y Coord 1 �'
` ,. - Legal Description ' ete `
rm Name:'SULLNAN DONALD 1 WHP4-18 L18 BLK4 WESTHILL-N-PARK 1ST FILING �
` - = 1ST REPLAT SITUS:4318 YOSEMITE DR WELD
rt4lA:TW, Address 1:11717 11717 58TH AVE
-Address 2:IGREELEY CO in? xT` z
. 11 Sear Address 4 _ . � I. - l . y�
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Zip:180634 - Use Code:' 211 - . .
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Permit N: [VI-0200358 Address:[4318 YOSEMITE DR HIL
Status: ICOMPLNT APPLICANT:ISULUVAN DONALD
Date: 107/1p'onno PI4 ., r f
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Desc icxeen P Parcel No: 0959-26-3-19-006 -7� ..
! Owner. SULLIVAN DONALD r 3 .".1•A
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Status: COMPLNT Written By. BJS Sec/Twn/Rng: 126 05 66 =',�"r `4',
f, �.V Description: NCJY(Use not allowed)4-6 derelictveh/television 1., .4.4.-.1--
=.' , Location: 4318 Yosemite Drive Hill-N-Park '
Zoning Dist R-5 Inspection Area V3 PermitNum: 1
,= ' App Type: VI 11 (BCV=BLDNG VIO,VI-ZONING VIO,WCV=WELD VIO bcv+vi')
-- Class Code: VI 13 `
USE NOT ALLOWED ''
Complaint 07/17/2002 lnit IBJS NO VI: L_/^/ Init I
- 5 Day Letter 07/22/2002 lnit: BJS
Issued: —/-/_ 'nit 1i -_
- -- Inspection: _/_/_ 'nit 1----- ..
BCC WI: I—/—/— Ind: 1---
Court: _/_/_ lnit - .
Closed BCV: I__/_/____ 'nit: 1 Closed VI: I—/_I—._. Inct i. _
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,.��( DEPARTMENT OF PLANNING SERVICES
��(1lT' Code Compliance Division
lupe
V� (YY 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 Stafl7Name: itt. Citizen _o Other:
3 HEALTH DEPARTMENT Citizen's Name(If known): t�l VI Tnnu b
7 WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
BUILDING CODE COMPLAINT
3 PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: \`l(D7.
?ending Case#(i.e.USR,RE, SE,ect...): t
_egal Description:LOA- `%,1' W. i to') YC3n� sk-\ cIUY9t Parcel#: l2 • 71n k 1 •tIn
Rotation Address: '-kiNR '4 T 11 A�( , i1LAv-C
'roperty Owners Name: Ott LI 11 crate) Phone:
?roperty Owners Address: V 11r1 '52>4b Ganciar kA, Co ULo5
Tenant's Name: flCQJr, -LaY 6
i`1 U� Phone:
[
Tenant's Address: "\ CC D C V ta a 4.C-1 C-W-Co A..l t CO ‘.10(.1254_
NATURE OF COMPLAINT: IA'LO Ccj Q.IiC't vericXer3 '�IeN1ellCWvl1�INN�CJ COI i
t ctC1CkLl "rc u_. w I -� 'S&
Complaint Referred To: Date:
Complaint Referred To: 2 Date:
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Additional Notes: �I\U�r1\Y D A \ r Q- Rea L x Ct 11„( I I (4> I HI' (PRt-c{f)
\--tY b\R- - z i1 A eat A 20-1A5-A
19 AIM III 1111111 III 11111 111111 III 11111 IIIi/III
2788979 08/23/2000 10:03A JA Sukl Tsukamoto
1 of 1 R 5.00 D 4.78 Weld County CO
Warranty Deed
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the
'property")from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s)
or entity(ies) named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except
for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-
way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any
protective covenants and restrictions shown of record(6)any additional matters shown below under"Additional Warranty Exceptions",
and (7) subject to building and zoning regulations.
D.F.
$4.78 The Specific Terms of This Deed Are:
Grantor: (Give name(s)and place(s)of residence;if the spouse of the owner-grantor is joining in this Deed to release homestead rights,identify grantors as
husband and wife.)
MARTHA MIRELES
Grantee: (Give name(s)and address(es);statement of address,including available road or street number.)
DONALD SULLIVAN
Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words"in joint
tenancy"or words of the same meaning are added in the space below.)
Property Description (Include county and state.)
LOT 18, BLOCK 4,
FIRST REPLAT OF WEST HILL-N-PARK FIRST FILING,
WELD COUNTY, COLORADO.
Property Address: 4318 YOSEMITE DR. GREELEY, COLORADO
Consideration: (The statement of a dollar amount is optional,adequate consideration for this deed will be presumed unless this conveyance is identified
as a gift. In any case this conveyance is absolute,final and unconditional.)
FORTY SEVEN THOUSAND SEVEN HUNDRED FIFTY AND 00/100
Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the property or to convey less than is owned.or if the GRANTOR is
restricting the GRANTEE'S right in the property,make appropriate indication.)
Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.)
Executed by the Grantor on AUGUST 21, 2000
Signature for Corporation,Partnership or Association: Signature for Individual(s):
OE p vi)AALL3f�J
Name of Grantor: Corporation, Partnership or Association MARTHA MIRELRELr Grantor
By
Grantor
By
Grantor
Attest:
STATE OF COLORADO
COUNTY OF WELD sa.
The foregoing instrument was acknowledged before me this 21st day of AUG T, 2000 's
By MARTHA MIRELES
WITNESS my hand and official seal. -,.°C^
My commission expires: SEPTEMBER 8,2001 -;:r e) """ of blic
STATE OF j �`�' _, 10011TH AVENUE COURT,4101, G/ 2 >'
O 80634
COUNTY OF 0 43
Ytre11$ a Y
The foregoing instrument was acknowledged beCti' t1gy of:
By SUB
(*name individual Grantor(s)or if Grantor is Corporation,1igt51erslup dr Assadatmp d?n Identify signers as president or vice president and secretary
or assistant secretary of corporation;or as partner(s)of partmyAipteur•an.antharibetd3fnesnber(s)of association.)
Gr L`Vr
4F
WITNESS my hand and official seal.
My commission expires: Notary Public
0 1981 UPDATE LEGAL FORMS WCTC No. 201-L
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