The URL can be used to link to this page

Browse Search

Home My WebLink About20030144.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MANUEL GARCIA, JR. 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, Manuel Garcia, Jr., VI #0100065, 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 14th day of January, 2003, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Manuel Garcia, Jr., 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 February 14, 2003, to allow adequate time for the property owner to remove the miscellaneous debris and complete the screening of the property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0100065 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Manuel Garcia, Jr., 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 February 14, 2003, to allow adequate time for the property to remove the miscellaneous debris and complete the screening of the property. 2003-0144 PL0824 VIOLATIONS -VI #0100065 - MANUEL GARCIA, JR. PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of January, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO dressessr „' ATTEST: iLeth,,/ �/ IE 'a\� EXCUSED r �' i E. Long, Chair V Weld County Clerk to th�Bo: �' ,) • f\{ (d , /� r Ste, Robert D. asden, Pro-Tem Deputy Clerk to the Boa ='ties 1,.I . J. Geile O AST _ : EXCUSED DATE F SIGNING (AYE) WilliiaH. Jerke �7X ounty Attorney Lit, 04, Glenn Vaad )) Date of signature: /ac's 2003-0144 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Mr. Manuel Garcia Violation: VI-0100065 Address: 7932 Hart Street, Fort Lupton, CO 80621 Legal: Lot 5, Block 2, Aristocrat Ranchettes, Weld County, Colorado Location: Aristocrat Ranchettes is 2 Miles East of Highway 85, South of and adjacent to CR 18, West of and adjacent to CR 31 North: Agriculture/Residential South: Fort Lupton Boundary/Industrial/Agriculture East: Agriculture/Residential West: Agriculture/Residential Parcel Number: 1309-27-1-02-002 Acreage: 1.00 Acre Certified mail date: December 5, 2002 Received: December 30, 2002 Currently the property is in violation of Chapter 23, Article III, 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 the property owner shall finish screening the property from all adjacent properties and public rights-of-ways or the Noncommercial Junkyard consisting of derelict vehicles and miscellaneous debris shall be removed or restored. RECOMMENDATION The Department of Planning Services that this case be forwarded to the County Attorney's Office to proceed with immediate legal action. CASE HISTORY March 26, 2001 Violation initiated as a result of Aristocrat Clean-Up. March 26, 2001 Initial inspection completed. March 27, 2001 Five day compliance encouragement letter issued. April 10, 2001 Violation letter issued. August 9, 2002 Violation letter re-issued. 2003-0144 Violation Summary Cont. Page 2,VI-0100066 August 29, 2002 Property inspected. Property still in violation. October 29, 2002 Property inspected. Property still in violation. December 5, 2002 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. // • • • • • . •• air.• , - • �: DEPARTMENT OF PLANNING SERVICES Code Compliance Division WWW.CO.WELD.CO.US ' E-mail Address: bsalzman@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone (970) 353-6100 Fax(970) 304-6498 COLORADO December 5, 2002 Mr. Manuel Garcia 7932 Hart Street Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0100065 Lot 5, Block 2, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Garcia: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 14, 2003, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property is in violation of the following Section(s)of the Weld County Code: Chapter 23,Article Ill,Div I "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 following option(s)are available: While it is apparent that a large majority of the"Noncommercial Junkyard has been screened,there still remains areas that are visible from adjacent properties and road rights-of-way. To avoid future proceedings,please finish screening the property from all adjacent properties and public rights-of-way or the items shall be removed. 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 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, Bethany Salzman Zoning Compliance Officer pc: VI-0100065 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY • U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) u1 —n to ,a 7' Postage $ O O Certified Fee t1T Return Receipt Fee Postmark Rl (Endorsement Required) Here O Restricted Delivery Fee O (Endorsement Required) 0 Total Postage&Fees ru u-) Recipient's Name (Please Print Clearly)(To be completed by mailer) MR. MANUEL GARCIA O Street,Apt.No.;or PO Box No. 7932 HART STREET - ARISTOCRAT-1N Tma • c0W eIVPTON CO 80621 PS F. m 3:tt,Febru ry 2tit S averse f.r lnstructi•ns SENaE•: CeM•LETETHISSECTI•N C•M•LETETHISSECTI•N• •EL,vE•y • Complete items 1,2, and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. Agent ❑■ Print your name and address on the reverse X Addressee so that we can return the card to you. B. R. eived by(Printed Name) C. Dat=of elivery • Attach this card to the back of the mailpiece, GZ or on the front if space permits. bin�'/�''�� Z D. Is delivery address different from item 1? • Yes 1. Article Addressed to: If YES,enter delivery address below: O No MR. MANUEL GARCIA 7932 HART STREET ARISTOCRAT RANCHETTES FORTVIEIII'taiff4yd n 0Yig3partment GREEI r' n 3. Service Type niaertified Mail ❑ Express Mail O Registered ❑ Return Receipt for Merchandise DEC 3 0 2002 ❑ Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number (Transfer from service label) 7000 0520 0025 0404 6865 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 ki Weld County Department of Planning Services / Inspection Report D� Nig o� 1555 N. 17`" Avenue (A COLORADO Greeley, CO 80631 `O • Permit/CaseNo.: C'tsrcoa vy' pe Property Owner Name: Address: Upon a visual inspection of the property listed above,the following items were noted f `1� * �D■ ^C�I (vim Inspectionby: pcc) ContactName: Cdr 1YCIw Contact Phone Number: 970-353-6100, Ext. 3540 Copy of this inspection was: O Left on site O Mailed on: Pictures on file: ❑ Yes ❑ No DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE August 9, 2002 Mr. Manuel Garcia 7932 Hart Street Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI.0100065 Lot 5, Block 2, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Garcia: 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 lll,Div 1 "A(Agricultural)Zone District" Section 23-3.20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-30./ "Noncommercial junkyard." To bring your property into compliance with the Weld County Code: While it is apparent that a large majority of the'Noncommercial junkyard has been screened,there still remains areas that are visible from adjacent properties and road rights-of-way. To avoid future proceedings, please finish screening the property from all adjacent properties and public rights-of-way or the items shall be removed. 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 , August 9, 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 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 Salzm n Zoning Compliance Officer pc: VI-0100065 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY Kita DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US ERE-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 WI Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 • COLORADO WELD COUNTY ZONING VIOLATION NOTICE April 10, 2001 Mr. Manuel Garcia 7932 Hart Street Aristocrat Ranchettes Fort Lupton, CO 80621 Subject: VI-0100065 Lot 5, Blk 2, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Garcia: 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." To bring your property into compliance with the Weld County Code: The"Noncommercial Junkyard"consisting of derelict vehicles and miscellaneous debris shall be removed or screened from all adjacent property owners and public rights-of-way. 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 , April 10, 2001, 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-0100065 Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY (it DEPARTMENT OF PLANNING SERVICES C ' Code Compliance Division l Address: WWW.CO.WELD.CO.US US O E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone: (970) 353-6100, Ext. 3540 Fax: (9(970)) 304-6498 March 27, 2001 Mr. Manuel Garcia • 7932 Hart Street Aristocrat Ranchettes - Fort Lupton, CO 80621 Subject: VI-0100065, Lot 5, Blk 2, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Garcia: 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 and miscellaneous debris. For your convenience, I have added the appropriate definitions: 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 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. Please contact me within five working days of the date of this letter to review these concerns with me or a thirty- day violation notice will be 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 Zoning Compliance Office pc:VI-0100065 Julie Chester, Lead Planner Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY :AIMS-CitrixlCA Client ®Q® •cc'unt M intenance <'"' - -owner Name/Mdress - Mdl Levy'' 72-801000 ,. sd- Account GARCIA MANUEL + ! :Legal Description c . ! " R519408r N, 7932 HART AR2-5L5 BLK2 ARISTOCRAT RANCHETTES INC SITUS: Year District FT LUPTON CO 80621 _ 7932 HART WELD 80621 _- 2001 0822 Apr Dist St - A Parcel Number Hui Space - 1309-27-1-02-002 Street No Dir NeD Street Name Tyve 7932 HART Location City Location Zip Acct Type Lagt WELD 80621 Residential BACode Owner Id Owner Location Map No - "� 1413 Business Name Verzrom. Time ID t----- Appl , New Version 20010319631,` 19 MAR-2001=;05�0D PM, BAD APPL`; 20011327000 ❑Name 1--IT- as hems E-=,..-.- -ACTUAL:-� ASSD i ACRES � .:.So.rE t n f_11-34,--,,,-- mtast-[TJ` LAND 10,OD0 570 ' 1:04 _ ❑sduz ,D Erers� Ll Mabtre Auth❑17_4,,mi t� IMPS [�Mobde 9 Rematwin36 700 3.570 1:21 V,�yA ❑OO and Gas �. ❑Tract la,..."-A-4,,,,,,, Tao Sale ❑Regording +� " ❑Block` ❑Mmu- �'D 1 n1roE ';^"�❑❑1ma9rn9 TOTAL .. fr 46 700 -&540- 1-= - . L. ❑Sa1 s ❑Srbkn9 ❑j�irstory Queries y :- . ❑Mrsc L❑Flags ACCOUNT +' - G e Current Year Piior Verzron ;` c' s - : 3 rik Pnor Year Ne(x�t VErsion Abatement f e x3 �. a _ Next Year haracterrstics Property card Q s f- - "Clear Emt ei Parcel Table Maintenance 2y Parcel Ne 11304 27 1 02-002 f ToolBar Order ._ AltKe tj660227 . E - .. jpdata FQMan =Blade. ' E t P imprXAddressf. General Information AN No. '' On:/StreetName !t Id . SubdnnsionI 7932 I HART ST ' Lotl Fract xelectAp Address ` - :a lire§I 0.00..-_,Acres.- I 1 00 ` 7932 HART WELD Census Trial csCenQlpckl-- Primary Qwner Information "'x s . ,._.' XCoord IYCoord�l. ,. ., _ r ; Legal Descnotfon N time.IGARCIA MANUEL -: AR2-5 L5BLK2 ARISTOCRAT RANCHETTES INC :'.. Address 7:17932 HART SITUS.7932 HART WELD 80621 Address 2:'IFT LUPTON CO Address 3:1 ---� ---- -- - " Address 4:) ! Zip:(80621 _._ " Use Code- - Phone? I 5 TRA.0822 " Phone 2:1 1 Exempt r "ACTIVE Govt Owned:r I-. x. r s �. x ,x ,e,w,E"s aatG- ;". Eft �, Par Na 130327.1 2-OQ2 73/4 By �BJS. :.`an. ecff h/R 9 270266 Desch po JNCJY derelict vehides and miscellaneous dehns �- `- o ti 17932 Had Street Aristocrat Ranchetle -e rvax `�z,.001/19 fI$�IAGRI yt PeRpdNu�1 - t. " - Sve VI EB -$4D o ® g ® ING' 14.Y '`/ LDI. ...7 ' 9 mo atka 01. . .�i$'s ry ,�.�. NOM- IMtv1^"JGt TJUNK'Y "�e - ` -:—- ` `�a,.:j -tee. • .._"�"�,-,.4.a - El - - -"_ „a. ' 03/23/2001 1PtCBJS N�O#I � / /_ Fat IniN � 5D Lette 03/27/2001 InR: JBJs rtsitsc-4 x tnspeciton 103/23/2001 Ittrt' JBJS -,� - " i coin I_/ / -" IURs ,. `s, ' s r :-Closed BCY 7)_1 ! �m> l `Closed VI /_/ a DEPARTMENT OF PLANNING SERVICES ' ©\ Code Compliance Division C V N 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: i ❑ ZONING CODE COMPLAINT ❑ Staff/Name: ❑ Citizen Other: tAn-Itp ❑ HEALTH DEPARTMENT ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: bI Ztof D 1 Pending Case#(i.e. USR,RE, SE,ect...): Legal Description: LcJ IP.,\t.a t (ki(t:4 u g. na-tok1Pt Parcel#: (JQci.aq' \ 'boa•cx>a Violation Address: '1q : \k& * Property Owners Name: Y it (tA11.1t ut Phone: Property Owners Address: VQV'-k- (.Upktin t (I) %C*P7.1 Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: ' [NV.9 .1(} VQI(li(.I,l.O, N\1t,. (tWU5. Zoning Complaint Referred To: Date: Building Code Complaint Referred To: Date: Additioral Notes: Recorded at 2519537 B-1576 P-218 11/07/96 02:05P PG 1 OF 1 REC DOC n.ceprionN Weld County CO 3A Stilti Tsukamoto Clerk & Recorder 6.00 53-1 QUIT CLAIM DEED THIS DEED, Made this 24TH day of OCTOBER , 19 96, between MANUEL GARCIA of the "County of WELD and State of Colorado,grantor(s),and MANUEL GARCIA AND AMELIA GARCIA • whose legal address is 7932 HART STREET, FORT LUPTON, CO. 80621 of the County of WELD and State of Colorado,grantee(s), WITNESSETH.That the grantors), for and in consideration of the sum of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION DOLLARS the receipt and sufficiency of which is hereby acknowledged,ha s remised,released,sold and QUIT CLAIMED,and by • these presents do en remise,release,sell and QUIT CLAIM unto the grantee(s), his heirs,successors and assigns, • forever, all the right, title, interest, claim and demand which the grantor(s) ha S in and to the real property, together with improvements,if any,situate,lying and being in the County of WELD and State of Colorado,described as follows: LOT 5, BLOCK 2, ARISTOCRATT RANCHETTES INC. SUBDIVISION, WELD COUNTY, COLORADO. • also known by street and number as: • TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right-title,interest and claim whatsoever,of the grantor(s),either in law or equity,to the only proper use, benefit and behoof of the grantee(s), their heirs and assigns forever. IN WITNESS WHEREOF-The grantor(s)ha S executed this deed on the date set forth above. MANUEL GARCIA STATE OF COLORADO, 7I County of JEFFERSON }8). The foregoing instrument was acknowledged before me this 24TH day of OCTOBER , 19 96, by MANUEL GARCIA _�`n'•Elq `xa My commission e.rp• -7 Q.•••,,,,,sre/�I , f9 Witne . my hand and official seal. NO .07-26-00 or. r••• �4 �y: 9.9 / � • gff O •O/ •P 4,• _ n ay Public •If in Denver, insert'City and." Namc and Address of Person Creating Newly Created 1<p1 Descnptioo 13 38-35.106.3.C.R.5.1 No.933.Rey,4-91, QUIT CLAIM DEED Bradlvrd Publishing.1741 Wane Sr.Denver.CO 80202-(303)292_-2500-2-92 Hello