HomeMy WebLinkAbout20032587.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST CITIFINANCIAL MORTGAGE, AND WHEELER REALTY
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, CitiFinancial Mortgage and Wheeler Realty, VI #0300076, 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 September, 2003, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, CitiFinancial Mortgage and Wheeler Realty were not present or
represented at said hearing, although all parties were notified of said hearing by Department of
Planning Services staff, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0300076 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against CitiFinancial Mortgage and Wheeler Realty 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 December 9,
2003, to allow adequate time for the property owners to remove the noncommercial junkyard
and restore or address the dilapidated structures through abatement.
2003-2587
PL0824
� : 60263, 1/4
VIOLATIONS -VI #0300076 - CITIFINANCIAL MORTGAGE, AND WHEELER REALTY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of September, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: G�I � � FxcusFn
J��C vid E. Lo g, hair
Weld County Clerk to the Board -9-4'
R bert D. Masden, Pro-Tern
•
k to the Board Fxnt Ism
M. J. Geile
861 I1 ` o �,;1 tt
William H. Jerke
`�4i i std►\`�>I.���� '//��
ttorne - .N' /�j ix A k
Glenn Vaad -
Date of signature: /f) -9—S?
2003-2587
PL0824
CitiFinancial Mortgage
VI-0300076
Weld County Violation Summary
Compliance Officer, Bethany Salzman
BASIC INFORMATION
Property Owner: CitiFinancial Mortgage attn: Wana Sckander
Wheeler Realty w/GMAC Solutions attn: Harriette Flank
Violation: VI-0300076
Situs Address: 42258 Hwy 34, Dearfield
Mailing Address: CitiFinancial, 1111 Northpoint Drive, Building 4, Suite 100, Coppell, TX 75019
Mailing Address: Wheeler Realty, 513 Main, Fort Morgan, CO 80701
Legal: Block 4, Unincorporated Town of Dearfield also known as part of Section 30,
T4N, R61 W of the 6th P.M.,Weld County, Colorado
Location:
North: South of and adjacent to Hwy 34
South: Approximately 6 Yz miles North of 1-76
East: Approximately%mile West of CR 87
West: Approximately 2 miles East of CR 286
Parcel Number: 1047-30-0-03-001 Zoned: Agriculture
Certified mail date: July 30, 2003 Received: August 1, 2003
August 8, 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 and Chapter 29, Article 111(3)of Section 29-3-60 of the Weld County Code.
REMEDY
To bring the property into compliance, the property owner shall remove, restore or screen the
Noncommercial Junkyard from all adjacent properties and all public rights-of-ways. Additionally, the
dilapidated condition of the structures on the site shall be addressed through restoration, demolition or
abatement.
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 6, 2003 Initial complaint received.
February 11, 2003 Initial inspection completed.
2003-2587
CitiFinancial Mortgage
VI-0300076
April 15, 2003 Five day compliance encouragement letter issued.
April 28, 2003 Violation letter issued.
August 5, 2003 Property inspected. Property remains in violation.
May 6, 2003 Faxes sent to both Wheeler Realty and CitiFinancial Mortgage
July 30, 2003 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
CitiFinancial Mortgage &Whe )Realty
Page 1 of 2, VI-0300076
a
f i DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
I E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
ElkPhone (970)353-6100
Fax (970) 304-6498
COLORADO
July 30, 2003
CitiFinancial Mortgage
Attn: Wana Sckander
1111 Northpoint Drive, Building 4, Suite 100
Coppell, TX 75019
Wheeler Realty
w/GMAC Solutions
Attn: Harriette Flank
513 Main
Fort Morgan, CO 80701
Subject: VI-0300076, Block 4, Unincorporated Town of Dearfield also known as part of Section 30,
T4N, R61W of the 6th P.M., Weld County, Colorado
Dear Ms. Sckander and Ms. Flank:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on September 9, 2003, at 10:00 a.m., to consider
the violations occurring on the property. As we discussed the above mentioned property is in
violation of the following Section(s) of the Weld County Code:
Chapter 23,Article Ill, 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."
Chapter 29,Article III "Building Permits."
Section 23-3-60 "Maintenance.
-All buildings and structures, both existing and new, and all parts thereof, shall be
maintained in a safe and sanitary condition. All devices or safeguards required by
this Building Code shall be maintained in conformance with the code edition under
which installed. The owner's designated agent shall be responsible for the
maintenance of buildings and structures. To determine compliance with this
Sections,the Building Official may cause a structure to be reinspected."
To bring your property into compliance with the Weld County Code:
Based upon my discussion with Ms. Flank, it is my understanding that you are
already in the process of correcting the existing violations on the above referenced
property. There are 2 (two) aspects of the violation that my department is
addressing at this time:
CitiFinancial Mortgage&Whee. 'Realty
Page 2 of 2, VI-0300076
• The °Noncommercial Junkyard°consisting of wood, appliances, trash,junk and
miscellaneous debris.
• The dilapidated condition of the structure(s). It is our understanding that there are
some issues regarding molds and other hazardous conditions to the residence.
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,.
a � e
s° to
Bethany Salzman m a > m
Zoning Compliance Officer ` ` m ' z
pc: VI-0300076 - t J n
Department of Planning Services ._-J °
Bruce Barker, County Attorney o E I u ' o
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Street,apt.No.;or PC Box No. •
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•SF+rm3 IlFe•ruary 2Ut, S e •evers f.r lnstructi•ns
SENS E': COM•LETE THIS SECTI SN Ca MPLETE THIS SECT/aN IN DELIVERY
• Complete items 1,2,and 3.Also complete A. Sign-tur=
item 4 if Restricted Delivery is desired. — Agent
• Print your name and address on the reverse - --_ —, � �lac Addressee
so that we can return the card to you. ^' �
• Attach this card to the back of the mailpiece, B. Received by Panted Name) . ,ate of Deliv ry
or on the front if space permits. 4
—
D. Is delivery address different from item 1? ❑ Yes •
1. Article Addressed to: If YES,enter delivery address below: ❑ No
WHEELER REALTY
W/ GMAC SOLUTIONS
ATTN: HARRIETTE FLAND
513 MAIN
FORT MORGAN, CO 80701 3. Service Type
XXtertified Mall ❑ Express Mail
❑ Registered O Return Receipt for Merchandise
❑ Insured Mall O C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(ranter from serviceiabe0 7000 0520 0025 0405 5706
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
Ud/VU U0 10:u1 riA arU 304 ($498 WELD PLANNING i_ioo1
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sits TX REPORT *t*
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TRANSMISSION OR
TX/RX NO 3649
CONNECTION TEL 919708672503
SUBADDRESS
CONNECTION ID
ST. TIME 05/06 14:57
USAGE T 03'11
PGS. SENT 7
RESULT OK
FAX TRANSMISSION
WELD COUNTY PLANNING OFFICES
WEBSITE:WWW,CO.WELD.CO.US
E-MAIL:ESALZMAN®CO.WELD.CO.US
1 555 NORTH 1 7Th AVENUE
OREELEY, CO 60631
(970)353-6100 EXT. 3540
FAX. (970)304-6498
To: Wheeler Realty Date: May 6, 2003
w/ GMAC Solutions
Attn: Harriette Flank
Fax#: 970-867-2503 Pages: 7, including this cover
From: Bethany Salzman, Zoning sheet.
Compliance
Subject: 42258 Hwy 34, Deerfield, CO "Toler Account"
COMMENTS:
Please see the following letter. Should you have any questions or concerns, I can be
reached at the above phone, address, e-mail or fax. Thank you for your prompt
attention to this matter.
Bethany Salzman
Zoning Compliance Officer
FAX TRANSMISSION
WELD COUNTY PLANNING OFFICES
WEBSITE:WWW.CO.WELD.CO.US
E-MAIL:BSALZMAN@CO.WELD.CO.US
1 555 NORTH 17TH AVENUE
GREELEY, CO 80631
(970)353-6100 Ext. 3540
FAx: (970)304-6496
•
To: Wheeler Realty Date: May 6, 2003
w/ GMAC Solutions
Attn: Harriette Flank
Fax#: 970-867-2503 Pages: 7, including this cover
sheet.
From: Bethany Salzman, Zoning
Compliance
Subject: 42258 Hwy 34, Dearfield, CO "Toler Account"
COMMENTS:
Please see the following letter. Should you have any questions or concerns, I can be
reached at the above phone, address, e-mail or fax. Thank you for your prompt
attention to this matter.
Bethany Salzman
Zoning Compliance Officer
-4t1
a
, j DEPARTMENT OF PLANNING SERVICES
/� Code Compliance Division
T Website: WWW.CO.WELD.CO.US
' E-mail Address: bsalzman@co.weld.co.us
17th Avenue, Greeley, CO 80631
C 1555 N.
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
April 28, 2003
CitiFinancial Mortgage
Attn: Wana Sckander
1111 Northpoint Drive, Building 4, Suite 100
Coppell, TX 75019
Wheeler Realty
w/GMAC Solutions
Attn: Harriette Flank
513 Main
Fort Morgan, CO 80701
Subject: VI-0300076, Block 4, Unincorporated Town of Deerfield also known as part of Section 30,
T4N, R61W of the 6`h P.M., Weld County, Colorado
Dear Ms. Sckander and Ms. Flank:
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 Ill, 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."
Chapter 29,Article 111 "Building Permits."
Section 23-3-60 "Maintenance.
-All buildings and structures, both existing and new, and all parts thereof, shall be
maintained in a safe and sanitary condition. All devices or safeguards required by
this Building Code shall be maintained in conformance with the code edition under
which installed. The owners designated agent shall be responsible for the
maintenance of buildings and structures. To determine compliance with this
Sections, the Building Official may cause a structure to be reinspected."
To bring your property into compliance with the Weld County Code:
Based upon my discussion with Ms. Flank, it is my understanding that you are
already in the process of correcting the existing violations on the above referenced
property. There are 2 (two) aspects of the violation that my department is addressing
at this time:
• The "Noncommercial Junkyard" consisting of wood, appliances, trash,junk and
miscellaneous debris.
D. The dilapidated condition of the structure(s). It is our understanding that there
are some issues regarding molds and other hazardous conditions to the
residence.
Ms.Sekander and Ms.Flank
Page 2,VI-0300076
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 30 (thirty)
days from May 6, 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.
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,
•
Bethany Salzman
Zoning Compliance Officer
pc: VI-0300076
Department of Public Health and Environment
Department of Building Inspections
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
•
DEPARTMENT OF PLANNING SERVICES .
Code Compliance Division
.CO.US Adde
E-mail 555 N.17thsAvenue, Greeley, CDO 801
COLORADO • Phone: (g70)Fax:i00, Ext.
0
April 15, 2003
Associates First Capital Corp
14415 S 50'" Street
Phoenix, AZ 85044
Subject: VI-0300076, Block 4, Unincorporated Town of Dearfield also known as part of Section 30,T4N,
R61W of the 6th P.M., Weld County, Colorado
To whom it may concern:
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 trash and miscellaneous debris.
Additionally,it has been noted that there are some freezers with meat inside them. This meat is now rotting
and emits a strong odor. This aspect of the violation has been forwarded to the Weld County Department
of Public Health and Environment; however, is also a zoning issue as far as the appliances themselves
being located outside.
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 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. ANONCOMMERCIALJUNKYARD may also
includethestorage or keeping of DERELICT VEHICLES. The NONCOMMERCIAL JUNKYARD
shall be totally enclosed 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.
Faye 2
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,
Bethany Salzman n�
Zoning Compliance Officer
pc: VI-0300076
Bruce Barker, County Attorney
Department of Planning Services
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DEPARTMENT OF PLANNING SERVICES
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Code Compliance Division
\s� � 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 ❑ Staff/Name: ' Citizen O Other
HEALTH DEPARTMENT Citizen's Name(If known): Penal 11(1O1111(1O111/4O.),WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): �l
BUILDING CODE COMPLAINT
PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: I•k.S.CM
tding Case#(i.e. USR,RE. SE,ect...):
;al Description: lnaPcd )2'40-it c..i—d`) #: 0.2 C`nt
>lation Address: L1F;8 tAlais
perry Owners Name: e)1/41..\
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Phone:
perry Owners Address: \ ICJ S 'f " ` St. PrLC.AIIA) t""SL_. I1-v`A 3-11A
Cant's Name: Phone:
Cant's Address: "N+ — ,- r�
.TUR.E OF COMPLAINT: %.≥x)L'I' 1,2:h)PCNZS.a.daThr t:sShee4QC5t t JI ci r kk
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nplaint Referred To: ��n /�� � Date: IA- \- )"D
nplaint Referred To: Date:
ditional Notes:
vvivv. vo 14.04 rAA LlU JU4 0430 BELL, YLAINNINU fj001
*********************
*** TX REPORT ***
TRANSMISSION OK
TX/RX NO 3647
CONNECTION TEL 919726571737
SUBADDRESS
CONNECTION ID
ST. TIME 05/06 14:53
USAGE T 01'13
PGS. SENT 3
RESULT OK
FAX TRANSMISSION
WELD COUNTY PLANNING OFFICES
WEBSITE: WWW.CO.WELD.CO.US
E-MAIL:BSALZMANQa CO.WELD.CO.US
1 555 NORTH I 7TH AVENUE
GREELEY, CO eoea
(970)353-6100 EXT. 3540
Fax: (970)304-5498
To: CitiFinancial Mortgage Date: May 6, 2003
Attn: Wana Sckander
Fax#: 972-657-1737 Pages: 3, including this cover
From: Bethany Salzman, Zoning sheet..
Compliance
Subject: 42258 Hwy 34, Deerfield, CO "Toler Account"
COMMENTS:
Please see the following letter. Should you have any questions or concerns, I can be
reached at the above phone, address, e-mail or fax. Thank you for your prompt
attention to this matter.
Bethany Salzman�
Zoning Compliance Officer
•'I
FAX TRANSMISSION
WELD COUNTY PLANNING OFFICES
WEBSITE:WWW.CO.WELD.CO.US
E-MAIL:BSALZMAN@CO.WELD.CO.US
1555 NORTH 1 7TH AVENUE
GREELEY, CO 80631
(970)353-6 100 En. 3540
FAX: (970)304-6498
To: CitiFinancial Mortgage Date: May 6, 2003
Attn: Wana Sckander
Fax #: 972-657-1737 Pages: 3, including this cover
sheet.
From: Bethany Salzman, Zoning
Compliance
Subject: 42258 Hwy 34, Dearfield, CO "Toler Account"
COMMENTS:
Please see the following letter. Should you have any questions or concerns, I can be
reached at the above phone, address, e-mail or fax. Thank you for your prompt
attention to this matter.
ti
Bethany Salzman
Zoning Compliance Officer
a ,
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
liD
E-mail Address: bsalzman@co.weld.co.us 17th Avenue, Greeley, CO 80631
Co 1555 N•Phone: (970) 353-610, Ext. 3540
Fax: (900) 304-6498
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
April 28, 2003
CitiFinancial Mortgage
Attn: Wana Sckander
1111 Northpoint Drive, Building 4, Suite 100
Coppell, TX 75019
Wheeler Realty
w/GMAC Solutions
Attn: Harriette Flank
513 Main
Fort Morgan, CO 80701
Subject: VI-0300076, Block 4, Unincorporated Town of Dearfield also known as part of Section 30,
T4N, R61W of the 61h P.M., Weld County, Colorado
Dear Ms. Sckander and Ms. Flank:
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."
Chapter 29,Article III "Building Permits."
Section 23-3-60 "Maintenance.
-All buildings and structures, both existing and new, and all parts thereof, shall be
maintained in a safe and sanitary condition. All devices or safeguards required by
this Building Code shall be maintained in conformance with the code edition under
which installed. The owner's designated agent shall be responsible for the
maintenance of buildings and structures. To determine compliance with this
Sections,the Building Official may cause a structure to be reinspected."
To bring your property into compliance with the Weld County Code:
Based upon my discussion with Ms. Flank, it is my understanding that you are
already in the process of correcting the existing violations on the above referenced
property. There are 2 (two) aspects of the violation that my department is addressing
at this time:
• The "Noncommercial Junkyard" consisting of wood, appliances, trash,junk and
miscellaneous debris.
• The dilapidated condition of the structure(s). It is our understanding that there
are some issues regarding molds and other hazardous conditions to the
residence.
Ms.Sckander and Ms.flank
Page 2,VI-0300076
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 30 (thirty)
days from May 6, 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.
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.
Sincerel1'
Bethany Salzman �1
Zoning Compliance Officer
pc: VI-0300076
Department of Public Health and Environment
Department of Building Inspections
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
44Sic641, .,
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
119
E-mail Address: bsalzman@co.weld.co.us 17th Avenue, Greeley, CO 80631 Co 1555 N Phone: (970) 353-6100, Ext. 3540
Fax: (9 O)304-6498
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
April 28, 2003
CitiFinancial Mortgage
Attn:Wana Sckander
1111 Northpoint Drive, Building 4, Suite 100
Coppell,TX 75019
Wheeler Realty
w/GMAC Solutions
Attn: Harriette Flank
513 Main
Fort Morgan, CO 80701
Subject: VI-0300076, Block 4, Unincorporated Town of Deerfield also known as part of Section 30,
T4N, R61W of the 6th P.M., Weld County, Colorado
Dear Ms. Sckander and Ms. Flank:
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 Ill, Div 9 "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."
Chapter 29,Article Ill "Building Permits."
Section 23-3-60 "Maintenance.
-All buildings and structures, both existing and new, and all parts thereof, shall be
maintained in a safe and sanitary condition. All devices or safeguards required by
this Building Code shall be maintained in conformance with the code edition under
which installed. The owner's designated agent shall be responsible for the
maintenance of buildings and structures. To determine compliance with this
Sections,the Building Official may cause a structure to be reinspected."
To bring your property into compliance with the Weld County Code:
Based upon my discussion with Ms. Flank, it is my understanding that you are
already in the process of correcting the existing violations on the above referenced
property. There are 2 (two) aspects of the violation that my department is addressing
at this time:
• The "Noncommercial Junkyard" consisting of wood, appliances, trash,junk and
miscellaneous debris.
• The dilapidated condition of the structure(s). It is our understanding that there
are some issues regarding molds and other hazardous conditions to the
residence.
Ms.Sckander and Ms.Flank
Page 2,VI-0300076
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 30 (thirty)
days from May 6, 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.
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,
Bethany Salzman
Zoning Compliance Officer
pc: VI-0300076
Department of Public Health and Environment
Department of Building Inspections
Department of Planning Services
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
05/01/03 16:20 FAX 970 304 6498 WELD PLANNING Idj001
ss:s:ssss:ssassssss:s
sss TX REPORT ***
ss:ssssss:sssasssss:s
TRANSMISSION OK
TX/RX NO 3599
CONNECTION TEL 919726571737
SUBADDRESS
CONNECTION ID
ST. TIME 05/01 16:14
USAGE T 05'51
PGS. SENT 5
RESULT OK
FAX TRANSMISSION
WELD COUNTY PLANNING OFFICES
WEBSITE:WWW.CO.WELD.CO.US
E-MAIL:BSALZMAN@CO.WELD.CO.US
1 555 NORTH 1 7TH AVENUE
OREELEY, CO 80631
(970)353-6100 ext. 3540
FAX: (970)304.6498
To: Mr. Robert Young Date: May 1, 2003
Fax#: 972-657-1737 Pages: 5, including this cover sheet.
From: Bethany Salzman,Zoning Compliance
Subject: 42258 Hwy 34, Dearfield, CO (((VI-0300076)))
COMMENTS:
Please see the following information and I will try to give you a call tomorrow. Thanks
Bethany Salzman
Zoning Compliance Officer
FAX TRANSMISSION
WELD COUNTY PLANNING OFFICES
WEBSITE: WWW.CO.WELD.CO.US
E-MAIL:BSALZMAN@CO.WELD.CO.US
1 555 NORTH I 7TH AVENUE
GREELEY, CO 80631
(970)353-6100 En. 3540
FAx: (970)304-6498
To: Mr. Robert Young Date: May 1, 2003
Fax#: 972-657-1737 Pages: 5, including this cover sheet.
From: Bethany Salzman, Zoning Compliance
Subject: 42258 Hwy 34,Dearfield, CO (((VI-0300076)))
COMMENTS:
Please see the following information and I will try to give you a call tomorrow. Thanks
Bethany Salzman
Zoning Compliance Officer
cf#14-- ,
liD
DEPARTMENT OF PLANNING SERVICES .
Code Compliance Division
C 1555 N.17th Ave bsalzman@comeld.co.us
Avenue, Greeley, CO 80631
T 7� Phone: (970) 353-6100, Ext. 3540
COLORADO - Fax: (970)304-6498
April 15, 2003
Associates First Capital Corp
14415 S 50`" Street
Phoenix, AZ 85044
Subject: VI-0300076, Block 4, Unincorporated Town of Dearfield also known as part of Section 30,T4N,
R61W of the 6th P.M., Weld County, Colorado
To whom it may concern:
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 trash and miscellaneous debris.
Additionally,it has been noted that there are some freezers with meat inside them. This meat is now rotting
and emits a strong odor. This aspect of the violation has been forwarded to the Weld County Department
of Public Health and Environment; however, is also a zoning issue as far as the appliances themselves
being located outside.
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 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 be totally enclosed 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.
VI-0300076
Page 2
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,
$thtesAtilatssita‘....„
Bethany Salzman
Zoning Compliance Officer
pc:VI-0300076
Bruce Barker, County Attorney
Department of Planning Services
SERVICE,TEAMWORK,INTEGRITY,QUALITY
'PERMITS'Plus e + rz*s
File A/P/D's FindA/P/Ds Site Parcels People
CCELA?
3. 1 List Parcels by Parcel Number f
E- : r S- 1 Find APD 2 Parcel 13 Address 1 4 C/A/E/D I'
Find
,,r Parcel fable e . ' a s o - + mci
Parcel Parcel No: 1047-30 0-03-001 nF rlBar
Alt Key: 1610430 Update ReMa Back E3't
0030-0
Primary Address General Information Inf
No Dir / Street Name City Id. COL
Subdivision:,
42258 HY 34 _
Lot:l
Fract:- Select An Address '/D's
Areaa 0.00 Acres:l 0-00
Situs Zoning:' J I
42258 34 HWY WELD New
Census Tract Cen Block:
Primary Owner Information
X Coord:l Y Coord�
Legal Description ;fete
Name:'ASSOCIATES FIRST CAPITAL CORP 4123 UNPLAT TED BLK4 30 4 61 DEARFIELD %42258 J
HWY 34i 42258 34 HWY WELD 80644
Address 1:114415 5 50 ST
' Address 2:!PH OE NIX AZ PIt
N N Address 3:I
Sean Address 4'I I
L
Zp %it
{1 Par 185044 Use Code:' I
Phone 1:1 ,ddress
TRA 12491 Exempt:r nents
Phone 2 I
Notation:l S tatus:l ACTIVE ii Govt Owned:r ultiple:
3nge:
i nst:dan l L' el l
Rack Stop
—
I : VIUV rs: lliV--. . •A . rr ',! � � .. ,
Permit N: V I-0 30007 6 Address:142258 HY 34 COL
Status: COMPLNT APPLICANT:!ASSOCIATES FIRST CAPITAL CORP
04/14!2003 P Date: r� sack Stop - ' :--- - . • :
.. - . . �� MA.:4�'rra`�,'�<....c''-':4:�.C�i' r�u'.;� �t+C.
w ri mi OK
Desc Scre e • ' Poe IIIIN In J Arm Loe Relate
I I I 1 I
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Site
ypdateULd Exit Back
-,':-47.-7., _ Parcels - ' - Parcel Na: 11047-30-0-03-001
People Owner: ASSOCIATES FIRST CAPITAL CORP
Status: COMPLNT Written B BJS y �- Sec/Twn/Rng: 130 04 61
: .Descn Ion NCJY(consisting of trash,rrusc.debris
Location: 142258 Hwy 34..Wp, ..
Zoning Dist: AGRI =Inspection Area V3 Permit Num:
App Type: JVI ... (BGV=BLDNG VI O,*ZONING VID„WGV=WELD VIO"bcv+vi']
Class:Code:`:JVI 2
JNON-COMMERCIALJUNKYARD
.
. -
: . C:: .; ...-- omplawit 01!061201]3 Ind'- BJS ; :J.NO.VI:.VI:.-.0-7"—_____I _- '''.'Irilt: r---- :. .. ,
5 Day Letter: J_!•_!_ !nit 1-------"-
Issued: _!__!_ Init _ lr.=
Inspection: 02/11/2003 . Ink: BJS
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(710-1%.**%N\
DEPARTMENT OF PLANNING SERVICES
' Code Compliance Division
C _ 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 ❑ Staff/Name: )f Citizen ❑ Other:
4 HEALTH DEPARTMENT Citizen's Name(If known): Prrx,L r
WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
BUILDING CODE COMPLAINT
PUBLIC WORKS/PEST&WEEDS
Date Complaint was received: 1•tD•O%
'ending Case#(i.e. USR, RE, SE,ect...):
:egal Description: 't ���,� �11IQS\tI4—C)fz1C 5 Tk- 3 1CLArcel #: tO-fl• o•O. O •to
ii t
Violation Address: 1 ,aAr sp tAU3_
?roperty Owners Name: r S,`±j� CAQ4tt r�it t Capri-al l Corp, Phone:
'roperty Owners Address: \1 .0 S ' �`• r
• t- ..nx) 9j L1
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: ccs s 1 a �,��� cS` yo kkn
``� MFnk.
Somplaint Referred To: '?LOL\Z OCt{1 X �? 5 Date: `A- \ f ?>
:omplaint Referred To: Date:
Additional Notes:
2466702 B-1521 P-498 12/07/95 04:08P PG 1. OP 1 PBC D0C
AR24667112 Weld CGtatY CO Clerk & Recorder 6.00 1.80
Warranty Deed
THIS DEED is a conwysnw of the real property described below,including any Improvements and other ppurtenenoes('the
property')from the Individualist,oorporWonUl or other entity(lee)named below as GRANTOR to the individual(*)or entitytle.)
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 11)the seen of the general property taxes for the year of this dead,which the GRANTEE will pay(2)any easements
end 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,end (6)any additional matters shown below under
'Additional Warranty Exceptions.'
The specific terms of this dead ere:
Grantor: (GMnswe4)end pleats)ofresidence:ltheepouseofdwownsnaranerleioMing MS,Deed temime honelead right,.
Identity grantees as husband and wife.)
Carl W. Mug and Gloria E. Mug
5611 Road W
Weldon, Colorado 80653
Grantee: (Give nan.bl and eddneses).statements of address.including available road or street number,1.required.)
Jetty D. Toler
2663 Weld County Road 13
Brighton,Colorado 80601
Form of Co-Ownership: Inhere an two ranee pane*.named,they will be considered to tees tenants in common unless the words
'M Joint Wisner or wade of the same meaning are*tided in the specs below.)
Property Description: (Include county and atm.)
'q. Block Four(4),Deerfield Townsite and Settlement, County of Weld,State of Colorado
fX
0
' Property Address: 42258 Highway 34, Orchard,Colorado 80649
Consideration: (The statement of a dollar amount le optional.adequate consideration Porthle deed wit be presumed unlessthl conveyance
b identified as a gift h any one.this conveyance Is abeokra,flnal,end tseondxbnal,)
Eighteen Thousand and No/100 Dollars($18,000.00)
Reservations-Restrictions: Of the GRANTOR Mends to rears any Interest in the property or to convey leas than he owns,or
If the GRANTOR le re,tdetk.g the GRANTEES right in the proparty,make appropriate Indication.)
Additions Warranty Occlude Exceptions: Occlude deed,of test being assumed and other marten not covered above.)
an tremor
Executed by tantor on e�VC C � .ls"IS .
swum glow MCawmN.M,MwNlaw.sal,bn: /���� fjfn�j ��/Yp./a�{a Clwr NINNQday4:�����// �J..JL�
` J V'�r • ror
Name at Granter,Creamier.P.maep r Aeesdwm �0 6r1`W. /Maaa�g p y' �.�1-1Aar Pte' .nil g .4 ,a•/ r c o
Gloria E.Muse (/ cT-d a11.y. ,y.,+c
sy— Y
Greene
Ana,
STATE OF COLORADO )
I es
COUNTY OF WELD I
The foregoing instrument was acknowledged before me this 6th day of December , 1995,by wpm
Actaavarstaiogildioatin. Ernest Lee Maag as attorney-in-factfforCarl W. Maag and
jp/
as_. • -in-foot for Gl-15-97 E. Maag /(1244-41‘
• ofRdialuel.
�y/ya'tt 11-15-97
5' /DABELLA L ; Notary Public
i BL0CH
eriln��9f`E+‘kt0.....Q....
ui uxnaaui• ..- Ar r
P.G.sex let",Mealy.Concede 40032
Dell Untie,
•
RIM HIM IIHIII���Iilllt lllli 111111 III Hill Milli
2982361 09/28/2002 02:34P Wald Courtly,CO
1 of 1 R 5.00 0 0.00 JA."Sukl"Taukamoto
Toler
1001.00531
PUBLIC TRUSTEE'S DEED
Sale No.02-177 .
99'1
THIS DEED is made August 28 ,2002,between Mary
Hergert as the Public Trustee,of the County of Weld,Colorado,and
Associates First Capital Corporation Grantee, the holder of the
Certificate of Purchase, whose legal address is 14415 South 50th
Street,Phoenix,AZ 85044
WHEREAS,Jerry D Toler did by Deed of Trust dated November 9, 1999 and recorded in
the office of the Clerk and Recorder of the County of Weld,Colorado,on November 12, 1999,at
Reception No.2732546,convey to the Public Trustee,in Trust,the property hereinafter described
to secure the payment of the indebtedness provided in said Deed of Trust;and
WHEREAS,a violation was made in certain ofthe terms and covenants of said Deed of Trust
as shown by the Notice of Election and Demand for Sale filed with the Public Trustee,a copy thereof
being recorded in the office of said County Clerk and Recorder,the said property was advertised for
sale at the place and in the manner provided by law and by said Deed of Trust;Notice of Right to
Cure and Redeem and Notice of Sale;and a Certificate of Purchase thereof was made and recorded
in the office of said County Clerk and Recorderon June 5,2002 at Reception No.
said Certificate of Purchase having been assigned to Grantee;and
WHEREAS,all periods of redemption have expired.
NOW,THEREFORE,the Public Trustee pursuant to the power and authority vested by law
and by the said Deed of Trust,confirms the foreclosure sale and sells and conveys to Grantee the
following described property located in the County of Weld,State of Colorado,to wit:
ALL UNPLATTED BLOCK 4,DEARFIELD TO WNSITE&SETTLEMENT,
BEING A PART OF SECTION,TOWNSHIP 4 NORTH,RANGE 61 WEST
OF THE 6TH P.M.,WELD COUNTY,COLORADO.
also known by street and number as 42258 Highway 34,Orchard,CO 80649
To Have and to Hold the same,with all appurtenances,forever.
Executed the day and year first above written.
Mary Hergert
Public Trustee of Weld County,
State of Colorado Al-
By: Xit r . i Al- id '
Deputy Public Trustee
STATE OF COLORADO
COUNTY OF WELD
The foregoing was acknowledged before me this 28 day of August,2002,by Donna L. Schmi dt
_as the Deputy Public Trustee of the County of Weld State of Colorado.
Witness my hand and official seal. •
4p'IAflY,PUeI�
My commission expires: ;:,Iryg ;3.
Notary Public y` GORE
PUBLIC TRU&IG6.aac.WELD4OUNTY 9 80631OF
809 9TH STREET NO. 1 COt
GREELEY, COLORADO cs
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