HomeMy WebLinkAbout20030207.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY CODE -ZONING AND BUILDING INSPECTION
A public hearing was conducted on January 14, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair- EXCUSED
Commissioner Robert D. Masden, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Donna Bechler
County Attorney, Bruce Barker
Planning Department representative, Bethany Salzman
Planning Department representative, Trudy Halsey
The following business was transacted:
I hereby certify that a public hearing was conducted to consider whether to authorize the County
Attorney to proceed with legal action against the individuals named for violations of the Weld
County Zoning Ordinance. Cases were heard as follows:
VI#0200606-PURVIS PROPERTIES,LLC, CIO DAVID PURVIS: Bethany Salzman,Department
of Planning Services, presented the case report for the record and pursuant to the case file, this
property is in violation of Sections 23-3-20, 23-3-30, and 23-3-30.1 of the Weld County Code. To
bring the property into compliance,the property owner must remove or screen the noncommercial
junkyard consisting of trash, wood, tires, branches, concrete, buckets, and miscellaneous debris
from all adjacent properties and public rights-of-way. Ms. Salzman stated the only items remaining
are the concrete and tree branches, and according to the Department of Health and Environment,
the concrete can be buried and the tree branches burned through a burning permit.
David Purvis, property manager, stated two small farms form the corporation, and the renters left
their trash on the property. He stated the concrete was dumped on his property by someone else,
therefore, he feels no responsibility to remove it. Responding to Commissioner Jerke, Mr. Purvis
stated the concrete consists of three slabs. Commissioner Jerke suggested Mr. Purvis contact a
ditch company to pick up the concrete, or bury it. He further stated he has also felt victimized by
renters when they leave trash on his rental property, but as a property owner, it becomes his
responsibility to clean it up. Responding to Commissioner Geile, Mr. Purvis stated he does not feel
the wood pile should be a cause for concern. In response to Bruce Barker, County Attorney, Ms.
Salzman stated because of the wood pile and concrete on the property, people see it as an area
to dump their trash, for example, a mattress was added to the debris yesterday. Commissioner
Geile suggested Mr. Purvis work with the Board to get this violation taken care of. Chair Pro-Tem
Masden stated the ditch company may possibly pick up the concrete with no cost to Mr. Purvis,and
the wood can be placed next to the barn if he does not want to dispose of it. Responding to Mr.
Purvis, Chair Pro-Tem Masden stated either Ms. Salzman or the property owner can speak to the
Sheriffs Office about patrolling the area.
2003-0207
PL0824
Commissioner Jerke moved to refer VI#0200606 against Purvis Properties, LLC,do David Purvis,
to the County Attorney for legal action, with the instruction to delay action upon such referral until
April 14, 2003, to allow adequate time for Mr. Purvis to remove the concrete and wood from his
property. The motion was seconded by Commissioner Vaad, and it carried unanimously.
VI#0100066 -GARCIA, SR.: Ms. Salzman presented the case report for the record and pursuant
to the case file, the property is in violation of Sections 23-3-20, 23-3-30, and 23-3-30.1 of the Weld
County Code. To bring the property into compliance,the property owner must finish screening the
property from all adjacent properties and public rights-of-way or remove the noncommercial
junkyard consisting of derelict vehicles, a semi-trailer, and miscellaneous debris. Ms. Salzman
stated an expired Building Permit was retrieved from the Missile Site yesterday, therefore, the
safety inspections were never finalized on the property owner's home. Ms. Salzman stated staff
recommends the violation be referred to the County Attorney because of the possible dangerous
living conditions and the noncommercial junkyard. In response to Commissioner Jerke, Ms.
Salzman stated the property owner has not received a current notice regarding the expired Building
Permit. Responding to Commissioner Jerke, Mr. Barker explained that a Zoning Permit is needed
for a principle dwelling unit in an Agricultural area. Commissioner Geile stated the only item that
can be considered for this violation is the noncommercial junkyard, because the property owners
were not notified that the Building Permit had expired. Mr. Barker stated if the case is referred to
the County Attorney, he will send a notice concerning all of the problems. Neither the property
owner nor a representative was present. No public testimony was given.
Commissioner Geile moved to refer VI #0100066 against Manual Garcia, Sr,. to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Vaad, and it
carried unanimously.
Due to a late appearance of the property owner, Commissioners Geile and Vaad deemed it
advisable to withdraw the previous motion and the Board heard the following testimony.
Manual Garcia, Sr., was present and represented by his son, Manual Garcia, Jr., to interpret his
testimony. Manual Garcia, Jr., explained that the semi-trailer was purchased by his father to use
for storage. He explained the last time his father received a violation notice, he attempted to
remove the bed from the truck so they could have the truck towed to the junkyard; however, the
two front tires were flat and, therefore, unable to be towed. Ms. Salzman explained semi-trailer
boxes are no longer allowed to be used for storage units in residential areas, therefore, the truck
and trailer will need to be removed from the property. Mr. Garcia explained his father will need to
replace the tires before he can have it towed to the junkyard. Commissioner Vaad stated there is
an outstanding Building Permit on the mobile home Manual Garcia, Sr., lives in, and even though
that is not part of this violation, it will need to be remedied. Mr. Garcia, Jr., was unaware of the
expired Building Permit. Responding to Commissioner Vaad, Ms. Salzman stated she will do an
on-site inspection on this property the same time she meets with Manual Garcia,Jr. Commissioner
Vaad suggested someone from the Department of Building Inspections attend the inspection with
Ms. Salzman to explain the steps that need to be completed for the Building Permit. Responding
to Mr. Barker, Ms. Salzman stated Mr. Garcia, Sr.,will need a Zoning Permit and a Building Permit
for a single family dwelling unit.
Commissioner Jerke moved to refer VI #0100066 against Manual Garcia, Sr., to the County
Attorney for legal action,with the instruction to delay action upon such referral until April 14, 2003,
Hearing Certification, Zoning Violations
January 14, 2003 2003-0207
Page 2 PL0824
to allow adequate time for the property owner to clean up the noncommercial junkyard and apply
for the appropriate Zoning and Building Permits. The motion was seconded by Commissioner
Vaad, and it carried unanimously.
VI#0100065-GARCIA, JR.: Ms. Salzman presented the case report for the record and pursuant
to the case file, the property is in violation of Sections 23-3-20, 23-3-30, and 23-3-30.1 of the Weld
County Code. To bring the property into compliance,the property owner must finish screening the
property from all adjacent properties and public rights-of-way or remove the noncommercial
junkyard consisting of derelict vehicles and miscellaneous debris. Because the property in violation
is located next to the lot owned by Mr. Garcia, Sr., property owner in the previous violation, there
was no Board discussion. Neither the property owner nor a representative was present. There
was no public testimony given.
Commissioner Geile moved to refer VI #0100065 against Manual Garcia, Jr., to the County
Attorney for immediate legal action. The motion was seconded by Commissioner Vaad, and it
carried unanimously.
Due to a late appearance of the property owner, Commissioners Geile and Vaad deemed it
advisable to withdraw the previous motion and the Board heard the following testimony.
Responding to Commissioner Jerke,Ms.Salzman stated as of her inspection on January 13,2003,
some progress had been made; an additional portion of the screening was in place and needs to
be completed. Manual Garcia Jr., property owner, stated he has cleaned up the miscellaneous
debris and is willing to meet with Ms. Salzman for an on-site inspection.
Commissioner Vaad moved to refer VI #0100065 against Manual Garcia, Jr., to the County
Attorney for legal action, with the instruction to delay 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. The motion was seconded by Commissioner Jerke, and
it carried unanimously. Mr. Garcia did not understand the motion, therefore, Commissioner Vaad
explained that Ms. Salzman will meet with him for an on-site inspection to see if anything else has
to be done before the case can be closed.
VI#0200002-KAT ENTERPRISES,CIO KATHY MAY-KUNZE: Ms. Salzman presented the case
report for the record and pursuant to the case file, the property is in violation of Sections 23-3-20,
23-3-30,23-340, and 23-3-40.R of the Weld County Code. To bring the property into compliance,
the property owner must submit a Use by Special Review application to the Department of Planning
Services, or all business activities and equipment must be removed from the site. Ms. Salzman
stated an incomplete Use by Special Review application was received on April 9, 2002, and they
have spoken to Ms. May-Kunze three times regarding the well permit;however, no action has been
taken by the property owner. Staff has been unable to proceed or set up the case; however, the
business activity continues to take place. Neither the property owner nor a representative was
present. There was no public testimony given.
Commissioner Vaad moved to refer VI #0200002 against Kat Enterprises, do Kathy May-Kunze,
to the County Attorney for immediate action. The motion was seconded by Commissioner Geile,
and it carried unanimously.
Hearing Certification, Zoning Violations
January 14, 2003 2003-0207
Page 3 PL0824
This Certification was approved on the 20th day of January, 2003.
APPROVED:
ATTEST: MO
Ez BOARD OF COUNTY COMMISSIONERS
W WELD COUNTY, COLORADO
Weld County Clerk to the •`: .fte�� 1♦} XCUSED
/ rI� 44 1) E. Lon., Ch 'r
BY: . .i/ r
\
Deputy Clerk to the Bob':" ( 1
Robed D asden, Pro-Tem
TAPE #2003-01 �1
. J. eil
EXCUSED DATE OF SIGNING (AYE)
William li� H. Jer
1/ 411
Glenn Vaad
Hearing Certification, Zoning Violations
January 14, 2003 2003-0207
Page 4 PL0824
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