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HomeMy WebLinkAbout20031753.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI #0200397 AGAINST ELEDELMA PACHECO 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, Eledelma Pacheco, VI #0200397, 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 8th day of July, 2003, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Eledelma Pacheco 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 deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with immediate legal action against Eledelma Pacheco 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. 2003-1753 PL0824 VIOLATIONS - VI #0200397 - ELEDELMA PACHECO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of July, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Meal% EXCUSED id E. Long, Chair Weld County Clerk to the Board Robert D. den, Pro-Tem BY: %/ `y Clerk to the Board . . eile TOFO)" : t ia, l -!�! i William H. Jerke, Glenn Vaad Date of signature: e-7.?-1" 2003-1753 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Ms. Eledelma Pacheco Violation: VI-0200397 Address: 165 Oceola Street, Denver, CO 80219 Legal: Lot 5, Block 26, Aristocrat Ranchettes, 2nd Filing,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: 1309-27-1-18-002 Acreage: .99 +/- Certified mail date: June 3, 2003 Received: June 6, 2003 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-20.P, 23-3-30 and 23-3-30.1 and Article IV(4), Division 3 of Section 23-4-140 and Chapter 29, Article VII(7) of Sections 29-7-10 and 29-7-130 of the Weld County Code. REMEDY To bring the property into compliance, the"Noncommercial Junkyard" shall be restored, removed or screened from all adjacent properties and public rights-of-ways. Additionally, the mobile home shall be permitted or removed from the property. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office to proceed with legal action. CASE HISTORY June 26, 2002 Initial complaint received. June 26, 2002 Initial inspection completed. June 26, 2002 Five day compliance encouragement letter issued. April 3, 2003 Property inspected. Property remains in violation. April 8, 2003 Violation letter issued. June 3, 2003 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. June 6, 2003 Received certified mail receipt. 2003-1753 -ii • 1 .��su' ' 1 '1 r r 1 l ip 1 raNa 1.0014_ . .. I _ - i 'I m... •��� < r _ „Ariel* illtle- r— - . - • '1%. I! ........=La.. •-.. "'Meta ,. kr.II 0-...- . , tor .. ' . \1 '1 ;I mei i, • • i • :"Jr , 4.@4 i-r , tom. u}i • - . 1 )• er ` r l- idHK'�•• Y {�� `,Y 'f�a" T'• �( +XS� $` ,r . -1. r+ e '7 11 ti _ • 13 -■ MN 1 _ -- 1 simn _ 1 WI]i„....- ',7.,•- F . Sti �' n': rr �ikGl l"�f •7A" 1 r 'JIS�-i 0. ft.4i ,4{ ,i :.'f� F '1.x{/1 •s•a,KY ,: �� rnflaartrk,` 1 •s {e �¢ixLl J t j ?,� v J y • �* Z443...4 7��+ et� i�f, ' ad 'F% 1 %17,,;-- t .r .1•A _..,-• � "':--fa 7 rl.w N I l t 1. o DEPARTMENT OF PLANNING SERVICES ige Code Compliance Division WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970)353-6100 COLORADO Fax (970) 304-6498 June 3, 2003 Mr. & Mrs. Arthur Koller c/o Ms. Eledelma Pacheco 165 Oceola Street Denver, CO 80219 Subject: VI-0200397 Lot 5, Block 26,Aristocrat Ranchettes, 2nd Filing, Weld County, Colorado Dear Ms. Pacheco: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on July 8,2003,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 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-20.P "Mobile home subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial junkyard." Chapter 23,Article IV, Div 3 "Mobile Homes" - No mobile home may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which maybe required by this Section. Each mobile home located or relocated in the County after said date must have a building permit for a mobile home issued pursuant to Chapter 29 of this Code.... Section 23.4-140 "Mobile homes permitted in the A Zone District." Chapter 29,Article VII "Mobile, Manufactured or Factory-Built Home Permits" Section 29-7-10 "Permit required." -No mobile,manufactured or factory-built home,as defined in this Building Code,may be located or relocated within the County without a building permit issued by the Building Official. Sec. 29-7-130 "Certificate of occupancy. - After final inspections,when it is found that the home complies with the provisions of this Building Code as can be reasonably determined, the Building Official shall issue a certificate of occupancy. The certificate of occupancy shall be obtained no later than one hundred eighty(180) days after the permit is issued. Failure to obtain the certificate of occupancy within the one-hundred-eighty-day period will be sufficient reason to consider the mobile, manufactured or factory-built home in violation of this Building Code. See Section 29.3-290 above." dia.rau+et:0, vIHIntr aHr Page 2 rl To bring the property into compliance with the Weld County Code: The "Noncommercial Junkyard" consisting of wood, metal, a derelict vehicle, air conditioner and miscellaneous debris,shall be removed, restored or screened from all adjacent properties and public rights-of-ways. Also, a new Zoning Permit for a Mobile Home and Building Permit shall be completed • and submitted or the mobile home 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 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. m Sincerely, d „ a D o 2 rli w ¢ ¢ `o Y Z + a } Dog m b ❑ ❑ o hc Bethany Salzman Yip In Zoning Compliance Officer L E m ITi ¢ N pc: VI-0200397 2 e ! a m 6 Department of Planning Services c Bruce Barker, County Attorney E a01 O O z', '. el P = ; a U.S. Postal Service fu 0 2 OD ST a m ro t CERTIFIED MAIL RECEIPT 1J '' M. c; 9 g ' m 7.............7, (Domestic Mail Only; No Insurance Coverage Provided) °i-°' ��d+l? Z —` 'Al ¢ X m',,U \ '\ lei ii rt., ,c,,,,, ul Postage $ m y Q CI m m` Certified Fee m p O�_ m o E Return Receipt Fee o Postmark O 0i S O 2 n.l (Endorsement Required) Here m'0 c I i O v O Restricted Delivery Fee Q h F O (Endorsement Required) vi Z O mCm �{ 0 Total Postage 8 Fen '3 2 2 a /< g ru N'0 E$ m 1W„1 La (R�eccipient's Name (Please( Print Clearly))(T^o be completed by mailer) r d co O y o f� p ' t ' M• et of or p CSWA ILLY_..1:X.O er m it m qqpp Street,Apt.No.;or PO Box No. e m C 1(J J o lUPC) (?G.cOi St. iv m = m eC G .7 m¢ m.H-- o I State,nP.a /'� 93sm GI EL 'S F.rm :r r,Fe.ruary 2rn See 'ev rse t•r lnsiructi•ns o mE c « O ill 4r I epd U=d m¢ o` ¢ J • ■ ■ 4( jt.i Ia SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES 'iit- Code Compliance Division EliWebsite: WWW.CO.WELD.CO.US E Ce 1555 Na Avenue, Greeley, CO 80631 Ph ne: (970) 353-6100, Ext. 3540 COLORADO Fax: (970) 304-6498 WELD COUNTY ZONING VIOLATION NOTICE April 8, 2003 Mr. & Mrs. Arthur Koller do Ms. Eledelma Pacheco 165 Oceola Street Denver, CO 80219 Subject: VI-0200397 Lot 5, Block 26, Aristocrat Ranchettes, 2n° Filing, Weld County, Colorado Dear Ms. Pacheco: 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/II, Div 1 "A(Agricultural) Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-20.P "Mobile home subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial junkyard." Chapter 23, Article IV, Div 3 "Mobile Homes" - No mobile home may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each mobile home located or relocated in the County after said date must have a building permit for a mobile home issued pursuant to Chapter 29 of this Code.... Section 23-4-140 "Mobile homes permitted in the A Zone District." Chapter 29, Article VII "Mobile, Manufactured or Factory-Built Home Permits" Section 29-7-10 "Permit required." -No mobile, manufactured or factory-built home, as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official. Sec.29-7-130 "Certificate of occupancy. - After final inspections,when it is found that the home complies with the provisions of this Building Code as can be reasonably determined, the Building Official shall issue a certificate of occupancy. The certificate of occupancy shall be obtained no later than one hundred eighty(180) days after the permit is issued. Failure to obtain the certificate of occupancy within the one-hundred-eighty-day period will be sufficient reason to consider the mobile, manufactured or factory-built home in violation of this Building Code. See Section 29-3-290 above." .c,cumme racneco Page 2 To bring your property into compliance with the Weld County Code: The "Noncommercial Junkyard" consisting of wood, metal, a derelict vehicle, air conditioner and miscellaneous debris,shall be removed, restored or screened from all adjacent properties and public rights-of-ways. Also, a new Zoning Permit for a Mobile Home and Building Permit shall be completed and submitted or the mobile home 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 April 8, 2003, to correct this zoning violation. Failure to do so will result in this officescheduling 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, cb'Aitt'sfrr Bethany Salzman Zoning Compliance Officer pc: VI-0200397 PR-0130105 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY • • • • • C.) very' Weld County Department of Planning Services Inspection Report �LLDC 1555 N. 17`" Avenue COLORADO Greeley, CO 80631 Date of Inspection: y' Permit/CaseNo.: \\11.- C2L --) • ' Property Owner Name: leSO1 i ',! r CC Address: VJ 11c,--)CC'P+r tA �y...c- `J• Upon a visual inspection of the property listed above,the following items were noted: • • Inspection by: ContactName: 7). () Contact Phone Number: 970-353-6100,Ext. 3540 Copy of this inspection was: ❑ Left on site X Mailed on: 4'4, Pictures on file: XYes ❑ No a f311DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us O 1555 N. 17th Avenue, Greeley, CO 80631 1111 C Phone: (970) 353-6100, Ext. 3540 COLORADO • Fax: (970) 304-6498 July 26, 2002 .t Mr. & Mrs. Arthur Koller do Ms. Eledelma Pacheco 165 Oceola Street Denver, CO 80219 Subject: VI-0200397, Lot 5, Block 26, Aristocrat Ranchettes, 2"' Filing, Weld County, Colorado Dear Ms. Pacheco: 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 the continued storage of the mobile home. Our records indicate that Wendi Inloes, Planning Technician has made you aware of the expiration of the temporary Zoning Permit for the Mobile Home. 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 Salzman Zoning Compliance Officer pc: VI-0200397 Department of Planning Services Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY I ''' ITS'Plus ElQID File NP/U's Find A/P/D's Site Parcels People tilt.--!Pa pals.b Parcel Number :: ACID Find APO I Parcel Address C/AlE/D I lii :Parcel Table Maintenance' __ =s o r r'crce I Parcel No:11309-27 1-18-002 / ��� Bar - Aft Key.1660227 a ReMa Bak Ethic 11181 f I - p ) - primeryAddress ': General Information Info - No Dir"/ Street Name City Id: --- • .... Suladnnsion:� • Pra Select An Address '°s .e R Area] 0.00. .:Acres:i 0.99 y: ' Zonin 1 Sinus 91A-GRI 1-------" I 1WELD j' K CensusTractll9 03 J � Vew I n Blogk:� ' , ;;;;.,,,,,..1 �. Primary Owner Information -X Coord:l Y Coord:E- .._ �. Legal Description efe •' same:[KOI I FR ARTHUR J&MARY ANN • ,.2AR26-5 L5 BLK26 2ND ARISTOCRAT RANCHETTES J •Address 1:IC/O PACHECO ROSENDO&ELEDELM, SITUS.WELD J 4 Address 2:!DENVER CO • - int Address 3:1 _-Sear Address 4i1 - 2. ti r ear - zip; 80219 Use Code:l -. . - Phone 1• : f f ntsss I • TRAA:F241 Exempt r r Phone 2:4 e Status jACT E -1 Govt Owned:f f6ple: IV r Notation:lAssessors Conversion ',eckStn _ J ge r • r:Start 3)GroupWise-Mailbox l georelWordPerfect-.:.I- I'PERMITS'Plus I fa ArcView GIS 3.2a J r. -PRNTSCRN.... cif ' 2:04PM .. J I m =' sic r ._, .. ©i f; 7. AIMS-Citrix ICA Client ® DEl! AIMS-Account Maintenance 1 - File Maintenance __ ■ Ganda rtt -�. M01 Levy - 67.810000 -- ee�s t �p�io�y - = fNel 1. e!=eJ L Account PACHECO ELEDELMA {� ' , , , Legal Description "`_ I, 4 a R520638: 165 OSCEOLA ST Ili DENVER CO 80219 2AR26-5 L5 BLK26 2ND.ARI•STOCRAT RANCHET'TE5 ��, - Year District SITUB WELp _ [ - s!•`P, 2002 2241 R6c9Cie B' :ai Al" Dist St - - A - 7309-1309-Parce Number MH Space Seri 27-1-18-002 • S4' . Street No Di •r Nott Street Name Type �$ r It o t ' ' Location City Location Zrp Acct Type Lagt _ ?1 • WELD Residential - j l' • • • r. BACode Owner Id Owner Location Map No � - Business Name Version ;i V Date Time _L ID Appl New Version ,�y ,-i.P 20010523831_23 MAY 2801 09 00 PM -.IBWr SOIL 20020507008 f .- - ❑_ i:C TYPE - ASSD ACRES SSA FT ---A� I.Name ❑Tax llrm:l]Pgde.i<t Tj,� - , U-Situ: ❑Pre/Sue ❑MohdeAuth❑Personal P.;•:::3;.' tAND 39.600 .3 620 ,0 990 -MINIO *- r _ ❑-Mabde❑Remarks❑Value ❑ Oil and Gas IMPS 0 0 £ _ I ,F]F� -❑-Tract ❑Tax Sale ❑Recording ,� ,. r i.,.;•,..ntSu -e ii❑.Condo❑SpcAsmlq Eppggl ❑Imaging 1 „ TOTAL ' 39.600 ,_.3620 /1. I ❑Block LI Mines .❑History i- a. . I-' ❑Sales ❑Sibng "'., 4 Sketch `Queries - 1 - ❑Misc�Flags ❑Exemption ie (ACCOUNT ill Current Year Prior Verson ) - 6 •Er '=y- a - Prior Year N x[Ve_sian "a ert et [I - - Si ,sr =x _ ti w _ Next Year haracterestic Proper) :Card i _ - - ,Clean „Exit :i Stnni I,�idG1 u1-Wise-M... I CorelWordPerL.I PERMITS'Plus`ietArcViewGIS32aI-*AIMS--Citl"aICA..Ir:.a WET-PRNTS.. I1-x. +' (eat: 2i06PM II I tt a let DEPARTMENT OF PLANNING SERVICES �ti(f(� Code Compliance Division 111 pC � � 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 F Stall/Name: varards0 Citizen o Other: 7 HEALTH DEPARTMENT Citizen's Name(If known): 7 WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number Of known): J BUILDING CODE COMPLAINT 3 PUBLIC WORKS/PEST&WEEDS Date Complaint was received: 'ending Case#(i.e. USR, RE,SE,ect...): 1N, n _ Zrt� `ilt _egal Description: U * c ]t �`�I . Z,kv ``t .X C 1#I')Parcel#: am l ° (2, poi Violation Address: rin�cy-,�y�--1\ nx l kl::\ O; ?roperty Owners Name:�L f1 ^^Ci*Wc\�� Phone::^, ('� ?roperty Owners Address: \US l_" ��t e S - '( 1 CObDV(\ tenant's Name: Phone: tenant's Address: 'ATURE OF COMPLAINT: :omplaint Referred To: Date: ;'omplaint Referred To: Date: Additional Notes: icconied at_ 11111111111111111)111111 111111 11111II 1111111111111! RwmtiosNo 2763712 04/25/2000 01:54P JA Sub Tsukamoto xvrder 1 or 1 R 5.00 D 0.00 Weld County CO --� _ 74? QUIT CLAIM DEED THIS DEED,made 2Nd day of February ,AD00 between Rosendo Pacheco of the 'County of Weld and State of Colorado,pentads),and Bledelma Pacheco whose lepl address is 165 Osceola St. Denver Co, 80219 , ofthe County of WE ld and State of Colorado,grantee(s). WITNESSEfH,That the mantises),for and in consideration of the sum of One Thousand Dollars • the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold and QUIT CLAIMED,and by these presents do en remise,release,sell and QUIT CLAIM unto the grantee(s), heirs successors and assigns, I' forever,as the right,tide,interest,claim and demand which she grantorle bas in and to the real property,together wish I; Iimprovements.if any,situate,lying and being in the Weld CounC9potY of and State of !'I , Cobndo,dacribedas follows: I•I Legal: Lot 5 Block 26, Aristocrat Ranchehes, Second II County of Weld, State of Colorado Filing 1, ahokno ystreet andoumberar. 15775 Mary Avenue Fort Lupton Co, 80621 TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging 9r 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 pmt'er use,benefit and behoof of the grantee(s) heirs and assigns forever, IN WITNESS WHEREOF,The grantor(s)ha executed this deed on the date set forth above. jgO-4.,.a1O �7��iliv • STATE OF COLORADO, as County of ^' )) The foregoing i t t was acknowledged before me this TIC] day of ire O YU C'e 749.2 OP d by RoSen c(o�Q ...he c o MY COMMISSION MY commission EXPIRES expires .19 .Witness my herd official seal. 12/14,03 LUI6 LOBC / Ar_ NOTARY PUBLIC 6 !bury Put* L. 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