HomeMy WebLinkAbout20011848.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST BILL AND MELANIE BISSETT 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, Bill and Melanie Bissett, VI #0100099, 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 10th day of July, 2001, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Bill and Melanie Bissett were 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 legal action against Bill and Melanie Bissett 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.
2001-1848
PL0824
fie : P4gyp, .4,0,0/
VIOLATIONS -VI #0100099 - BILL AND MELANIE BISSETT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of July, A.D., 2001.
BOARD OF C UNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: iked, ,I �� l,, L a /
ei e, it
Weld County Clerk to t O kt.'
A�% Glenn Vaae,1414Air—
rru-ie
BY:
Deputy Clerk to the Boo
Willis Jerke
APP AS ORM: ,1 cs-4
citLong
tYAtt rn Y �.
Robert D. Maiden
2001-1848
PL0824
DATE: June 8, 2001
VIOLATION NUMBER: VI-0100099
NAME: Mr. & Mrs . Bill Bissett
ADDRESS: j 3872 WCR 21, Fort Lupton, CO 80621
ZONE DISTRICT: Agricultural
LEGAL DESCRIPTION: Part of the N2NW4 of Section 14, T1N, R67W, of the 6`h P.M. ,
Weld County, Colorado
PARCEL NUMBER: 1469-14-0-00-052
CASE SUMMARY
April 2, 2001 Initial complaint received via telephone call.
April 2, 2001 Five day compliance encouragement letter issued.
April 11, 2001 Violation letter issued.
April 18, 2001 Initial inspection completed.
April 26, 2001 A concerned citizen requested an update on this case.
May 16, 2001 Property inspected. Property still in violation.
May 30, 2001 Letter sent to property owner indicating that the violation
case was scheduled before the Board of County Commissioners.
Currently, there are violations of Chapter 23, Article III (3) , Division 1,
Sections 23-3-20, 23-3-20 .P, 23-3-30, 23-3-30 .F, 23-3-30 .I and Chapter 23,
Article IV(4) , Division 3, Section 23-4-130 and Chapter 29, Article VII (7) ,
Section 29-7-10 of the Weld County Code. To bring the property into compliance
the property owner shall obtain and submit a Zoning Permit for a Mobile Home and
a Building Permit. Additionally, the Noncommercial Junkyard shall be removed or
completely screened from all adjacent properties and public rights-of-way.
The Department of Planning Services and Building Inspections also recommends that
the County Attorney authorize legal action against 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 .
2001-1848
Inspection information Sheet
VIOLATION: VI-0100099 STATUS: ISSUED
DESCRIPTION: 1) mobile home on property with out permits
2) posible people living in a camper on property
3)trailer inbetween barns that has eletrical cords from
barn running to it, no septic connected to trailer. Septic
going onto ground.
BASE INFORMATION:
PARCEL NUMBER: 1469-14-0-00-052
LEGAL DESCRIPTION: 19881-B PT N2NW4 14 1 67 BEG NW COR N2NW4 THENCE $657.69'
TO NW COR S2N2NW4 CONT S99.65' E328.77' S0D10'E 106.15'
N57D56'E 87.58' N41D52'E 75'N38D09'E 54.91' N32D18'E
32.95'N23D06'E 33.54' S89D590'E 719.57' N657.83' N89D51'W
1238.60'TO BEGALSO N2N2NW4 OF SEC EXC S 1238.60' THEREOF
(.56R.60D) SITUS: 3872 21 CR 1 FORT LUPTON 80621 SITUS:
3872 21 CR 2 FORT LUPTON 80621 SITUS: 3872 21 CR 3 FORT
LUPTON 80621 SITUS: 3872 21 CR 4 FORT LUPTON 80621 SITUS:
3872 21 CR 5 FORT LUPTON 80621SITUS: 3872 21 CR 6 FORT
LUPTON 80621 SITUS: 3872 21 CR 7 FORT LUPTON 80621 SITUS:
3872 21 CR 8 FORT LUPTON 80621 SITUS: 3872 21 CR 9 FORT
LUPTON 80621 SITUS: 3872 21 CR 10 FORT LUPTON 80621
OWNER: BISSETT BILL E & MELANIE A
OCCUPANCY:
LOCATION: 3872 WCR 21 Ft.Lupton
APP TYPE: WCV CLASS CODE: VI-5 ZONING DIST: AG
•
INSPECTIONS:
Item: 00404 TELEPHONE CALL
04/02/2001 By: TSH Action: TEL Comments: a
neighbor called just to see if the neighbors were
doing something that was not legal. The Bissetts' had
a 5th wheel in the front of the property for almost a
year. On April 1st, it was moved out and a trailer
was moved in. There is no septic in that area. There
is also a camper that some one is living in on the
property also.
04/26/2001 By: BJS Action: TEL Comments: A
concerned citizen(female) called. ..le asked for an
update on this case. She wanted to know what was
going to be done. I informed her that I visited the
property on April 18, 2001 and took pictures at that
time. I also told her that we mailed the property
owner a 30 day violation notice and explained that
would give the owner 30 days to bring the property
into compliance or at least to request an extension.
I told her that we normally grant at least 1 (one) 30
day extension(if they request it). I told her to
call back around the middle of May and that we should
know more by that time. She said she would call back
then.
Item: 00405 LETTER
04/02/2001 By: TSH Action: NO Comments: 10
day letter sent
04/11/2001 By: BJS Action: NO Comments: Sent
30 day combined violation notification.
05/30/2001 By: BJS Action: HR Comments: Sent
Violation Hearing Notification(06/12/01 @ 1000)
Item: 00400 SITE INSPECTION
04/18/2001 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
items were noted: a mobile home behind the garage of
the residence, derelict vehicles, wood, several
camper/trailers (about 4+). See pictures dated
04/18/01 - Disk 38 #5-8
05/16/2001 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
items were noted; numerous derelict vehicles, several
camper/trailer units (possibly lived in or derelict),
wood, metal a mobile home without a zoning or
building permit. No additional pictures taken at this
time.
Item: 00406 OFFICE VISIT
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COLORADO Data Sheet s
VIOLATION: 1., VI-0100099 STATUS: ISSUED
DESCRIPTION: 1)mobile home on property with out permits
2) posible people living in a camper on property
3) trailer inbetween barns that has eletrical cords from
barn running to it,no septic connected to trailer. Septic
going onto ground.
BASE INFORMATION:
PARCEL NUMBER: 1469-14-0-00-052
LEGAL DESCRIPTION: 19881-B PT N2NW4 14 1 67 BEG NW COR N2NW4 THENCE $657.69' TO NW
COR S2N2NW4 CONT S99.65'E328.77' S0D10'E 106.15' N57D56'E 87.58' N41D52'E 75'
N38D09'E 54.91' N32D18'E 32.95'N23D06'E 33.54' S89D590'E 719.57' N657.83'N89D51'W 1238.60' TO
BEGALSO N2N2NW4 OF SEC EXC S1238.60' THEREOF
(.56R.60D) SITUS: 3872 21 CR 1 FORT LUPTON 80621 SITUS: 3872 21 CR 2 FORT LUPTON 80621 SITUS:
3872 21 CR 3 FORT LUPTON 80621 SITUS: 3872 21 CR 4
FORT LUPTON 80621 SITUS: 3872 21 CR 5 FORT LUPTON 80621SITUS: 3872 21 CR 6 FORT LUPTON
80621 SITUS: 3872 21 CR 7 FORT LUPTON 80621 SITUS: 3872 21
CR 8 FORT LUPTON 80621 SITUS: 3872 21 CR 9 FORT LUPTON 80621 SITUS: 3872 21 CR 10 FORT
LUPTON 80621
PEOPLE: APPLICANT BISSETT BILL E &MELANIE A 04/02/2001
3872 WCR 21
FORT LUPTON CO
80621
LOCATION: 3872 WCR 21 Ft.Lupton
APP TYPE: WCV CLASS CODE: VI-5 ZONING DIST: AG
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J DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
O f J Phone (970) 353-6100
F• � � Fax (970) 304-6498
��
COLORADO c\'' C
•
May 30, 2001
Mr. & Mrs. Bill Bissett
3872 WCR 21
Fort Lupton, CO 80621
Subject:VI-0100099, Part of the N2NW4 of Section 14, Ti N, R67W of the 6th P.M., Weld County, Colorado
Dear Mr. & Mrs. Bissett:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with
the Board of County Commissioners on June 12,2001,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,Artide Ill, Div 1 "A(Agricultural)Zone District"
Section 23.3-20 "Uses allowed by right."
Section 23-3-20.P "Mobile homes subject to the additional requirements of Article IV,Division 3 of this Chapter."
Section 23-3-30 "Accessory uses."
Section 23-3-30.F "MOBILE HOME subjectto the additional requirements of Article IV,Division 3 of this Chapter."
Section 23-3-30.! "Noncommercial junkyard."
Chapter 23,Article IV,Div 3 "Mobile Homes"
Section 23-4-130 "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. An application for any zoning or building permit for a MOBILE
HOME required by this Division shall include the following:"
To bring the property into compliance the following option(s)are available:
The"Noncommercial junkyard"consisting of derelict vehicles, wood, scrap metal, derelict camper/trailers and
miscellaneous debris shall be removed or screened from adjacent properties and public-rights-of way. The Mobile
Home shall either be removed or obtain a Zoning Permit for a Mobile Home"ZPMH".
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 day before the Violation
Hearing (indicated above).
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.
NSin erely,
Bethany Salzman
Zoning Compliance Officer
Trudy Halsey
Building Compliance Officer
pc: V1-0100099
Jeff Reif, Building Official
Julie Chester, Lead Planner
Bruce Barker, County Attorney
Department of Public Health and Environment
SERVICE,TEAMWORK,INTEGRITY.QUALITY
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
Co
1555 N. 17th Avenue, Greeley, CO 80631
VIII O Phone: (970) 353-6100, Ext. 3540
•
Fax: (970) 304-6498
•
COLORADO
•
WELD COUNTY
ZONING VIOLATION NOTICE
April 11, 2001
Mr. & Mrs. Bill Bissett
3872 WCR 21
Fort Lupton, CO 80621
Subject: VI-0100099 Part of the N2NW4 of Section 14,Ti N, R67W of the 6`h P.M.,Weld County, Colorado
Dear Mr. & Mrs. Bissett:
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 111, Div I "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-20.1' "Mobile home subject to the additional requirements of Article IV,Division 3 of this Chapter."
Section 23-3-30 "Accessory Uses." •
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 23-4140 "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.
To bring your property into compliance with the Weld County Code:
The Mobile Home shall be removed or obtain the necessary zoning and building permits to be brought into compliance
with the Weld County Code. The recreational vehicle/camper/trailer shall be removed or vacated as a dwelling unit. The
Weld County Code does not make allowances for camper/trailers to be utilized as dwelling units. For you convenience,
I have included the"Zoning Permit for a Mobile Home(aka..ZPMH)"and a building permit application. If you have any
questions, I might suggest that you speak to one of our"On-Call Planners"(Mon-Thurs ra 7:30 a.m.-4:00p.m. or Friday
12:00 p.m.-4:00 p.m.). We also have"On-Call Building Inspectors"(Mon-Fri®7:30-4:00 p.m.).
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.
Page
•
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
Trudy Halsey
Building Compliance Officer
pc: VI-0100099
Jeff Reif, Building Official
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
DEPARTMENT OF Building Inspections
Code Compliance Division
IWebsite: WWW.CO.WELD.CO.US
E-mail Address: thaiseyco.weid.co.us
1555 N. 17th Avenue, Greeley, CO 80631
OPhone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
April 2, 2001
Mr & Mrs Bissett
3872 WCR 21
Fort Lupton, CO 80621
Subject: V1-0100099, Part of the N2NW4 of Section 14,Ti N, R67W of the 6'h P.M.,Weld County, Colorado
Dear Billy E 7 Melanie A Bissett:
It has come to the attention of the Department of Building Inspections 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
having a mobile home without permits, and a camper with persons living in it.
Please contact me within ten 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,
Trudy Halsey
Building Compliance Officer
pc: VI-0100099 •
Jeff Reif, Building Official
Bruce Barker, County Attorney
SERVICE.TEAMWORK,INTEGRITY,QUALITY
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
O 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
ZONING CODE COMPLAINT a staff/Name: Citizen ❑ Other:
HEALTH DEPARTMENT O4-,w — " O
o WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL
X BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST& WEEDS
Date Complaint was received: 4:—/— <2-0/
Pending Case#(Le. USR, RE,SE, ect...): j1`--(}f JC0
Legal Description: 14, N0,44 o C It`, 'j//u, }��+-W-c) Parcel#: i �! �p ' AV ) _G0 —O
Violation Address: U 1 r, l,�f , , I _
Property Owners Name: \>)k t"kt, (. , C a t/f\.'1L41+--g. . .. Phone:
alProperty Owners Address: S5) ' C ?�
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: rr\.•)\- (.s k Yh;t l_., r'* I_ €114,r lit-j-y., ±� �_ `7"`"k jt_ce. F
K.^f\ ,AA.. #fR ""j-,i ,�z - (1-L30 a-�- c! a r' C-4 tr o
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Zoning Complaint Referred To: • Date: /— cl— C..)/
Building Code Complaint Referred To: \ `04-.-tea \.- 1p Date:_ o� "0/
Additional Notes:
pr. P .lu iz€s: a bat,- ‘„,:pa .Acnvit,_, _ - )
Permi)N 1V10100099 Aid 3872WCR21 WEL
Status ICOMPLNT _ A13PL JiV IBISSETT BILL E&MELANIE A
Back ,�r
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�j�s•G "ac[een 1)mobile home on property with out permits �', '�
_.2)posible people living in a camper on property _
3)trailer inbetween barns that has eletrical cords'from barn running to it no � may`
septic connected to trailer. Septic going onto ground.
4038 Reset I/3Q 1 �' -
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v- '-> ' . Owner Name/Address Mill Levy 73.701000 _ 1--
Account t'-'. BISSETT BILL E 1,MELANIE A 4. i Legal Description
F10133091 N 3872 WELD COUNTY ROAD 21 [1988! B PT N2NW4.141 67 BAG NW COR N2NW4
Year District FORT LUPTON CO 80621 I THENCE S657.69'TO NW CDR S2N2NW4 CONT S99.65'
2001 0800 E328.77'SOD1IFE 1.06.15'N57D56'E 87:58'N41D5ZE
Apr Dist 5! 75'N38009'E 54.91'N32618132.95'N23D06'E 33.54'
S890590'E 719.57'N657.83'1189D 5110/1238.60'TO
A 4 BEG ALSO N2N2NW4 OF SEC EXC.S1238.60'THEREOF
Parcel Number MH Space Sea (-56R.60D1 SITUS:3872'21 CR 1 FORT LUPTON 86621
1469-14-0-00-052 SITUS: 3872 21 CR.:2 FORT LUPTON 80621 SITUS:
3872 21 CR 3 FORT=LUPTON 80621 SITUS:3872 21 CR
Street No Dir No1I Sheet Name Type 4 FORT LUPTON 80621 SITUS:3872 21 CR 5 FORT
3872 21 CR LUPTON 80621 SITUS:387221 CR 6 FORT LUPTON
Location City Location Zip Acct Type Lagt
FORT LUPTON -80621 Agricultural
BACode Owner Id Owner Location Map No
2473
Business Name Version V.Date Time 87 App(: New Version
20010408180 08=APR-2001 09_04 AM 'MC Rw 20010409000
❑Nam ❑Tax Items❑Protest LT( TYPE l • ACTUAL I ASSD i ACRES 1 SQ.FT . 1 i
:. 388j,. 1101 40.130; -
❑Titus ❑fre/Suc I __..- — •-- - ..
• ❑Nabi;r.:�i:ttt❑Pe-TO"IP IMPS .:-. +• 206,659 2B,270! 134fi`
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0 fia;narks -:. ,, � .—. ......_..��._._... -
❑value ❑>Oil and bass I. , • , .: +t
❑Itact 0 Tax_Sale .. - ❑Recanting «{�-j
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O t:ontroi ❑Imayrng TOTAL 207.047; : 29,3801 1 i
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■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B Date-f
item 4 if Restricted Delivery is desired. ,,_D
■ Print your name and address on the reverse
so that we can return the card to you. C atur
■ Attach this card to the back of the mailpiece,
or on the front if space permits. X A
Addressee
1. Article Addressed to: D. Is••livery address diff• - •m item 1? 0 Yes
I ES,enter delivery address below: ❑No
MR & MRS BISSETT
3872 WCR 21
FORT LUPTON, CO 80621
3. Service Type
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