HomeMy WebLinkAbout20013349.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST MARY JONES 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, Mary Jones, VI #0100133, 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 11th day of December, 2001, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Mary Jones, 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 June 11, 2002, to allow adequate time for the property owner to
sell the semi and another vehicle, and time for her step-daughters to travel to Colorado and
purchase the remaining vehicles.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #0100133 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Mary Jones 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 June 11, 2002, to allow adequate time for
the property owner sell the semi and another vehicle, and time for her step-daughters to travel
to Colorado and purchase the remaining vehicles.
2001-3349
PL0824
Pc , QA , etRPt
VIOLATIONS - VI #0100133 - MARY JONES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of December, A.D., 2001.
BOARD OF UNTY COMMISSIONERS
-+` WELD CO TY, COLORADO
CATTEST: �'� �!1 aft/.�� �a
Weld County Clerk to the pp .(': t. .! ' {�� to`//1 Bel• / c� • .. 1 Glenn VaaBY:
Div . • X44_ . +��
Deputy Clerk to the Boa�'►``�j S!1 ' —urn
Jerke
APPROVED AB T RM:
avid E. L g
n y ttor.rfey 33\ ``'\
obert D. Malden
Date of signature: /a/"n'
2001-3349
PL0824
DATE: December 5, 2001
VIOLATION NUMBER: VI-0100133
NAME: Mrs . Mary Jones
ADDRESS: 15725 Mary Avenue, Fort Lupton, CO 80621
ZONE DISTRICT: Agriculture
LEGAL DESCRIPTION: Lot 8, Block 27, Aristocrat Ranchettes, 2'd Filing, Weld
County, Colorado
TOTAL ACREAGE: .99 Acres
CASE SUMMARY
April 18, 2001 Initial complaint received.
April 18, 2001 Initial inspection completed.
April 23, 2001 Five day compliance encouragement letter issued.
April 26, 2001 Mrs. Jones called.
August 27, 2001 Violation letter issued.
August 29, 2001 Property inspected. Property still in violation.
October 11, 2001 Letter sent to property owner indicating that the violation
case was scheduled before the Board of County Commissioners .
Currently, there is a violation of Chapter 23, Article III (3) , Division 1,
Sections 23-3-20, 23-3-30 and 23-3-30.I and Chapter 29, Article III (3) of Section
29-3-10 of the Weld County Code. To bring the property into compliance the
property owner shall restore, remove or completely screen the Noncommercial
Junkyard from all adjacent properties and all public rights-of-way. Also, the
parking of semi's (which are considered commercial vehicles) is not an allowed
use in a subdivision. Lastly, a building permit shall be obtained for the
structure which has been constructed on the property.
The Department of Planning 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 .
2001-3349
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Inspection information Sheet
VIOLATION: VI-0100133 STATUS: ISSUED
DESCRIPTION: NCJY (derelict vehicles,wood,debris)Semi Cab/l+dwe
BASE INFORMATION:
PARCEL NUMBER: 1309-27-1-19-005
LEGAL DESCRIPTION: 2AR27-8 L8 BLK27 2ND ARISTOCRAT RANCHETTES 2ND FILING
OWNER: JONES MARY
OCCUPANCY:
LOCATION: 15725 Mary Ay Aristocrat Ranchettes
APP TYPE: VI CLASS CODE: VI-2 ZONING DIST: AGRI
INSPECTIONS:
Item: 00404 TELEPHONE CALL
04/26/2001 By: BJS Action: TEL Comments: Mrs.
Jones called. She said the wood was for a fence or a
chicken coop. That the semi cab was for sale. She
said that the camper stays plugged in or it kills the
battery. She said no one lives in it. The jeep and
GTO are derelict. She became VERY verbally abusive
and eventually hung up on me.
10/22/2001 By: BJS Action: TEL Comments: Mrs.
Mary Jones (303-857-4208) called.
Item: 00405 LETTER
04/23/2001 By: BJS Action: NO Comments: Sent
5 day compliance letter.
08/27/2001 By: BJS Action: NO Comments: 30
day violation notification was issued.
10/11/2001 By: BJS Action: HR Comments:
Violation Hearing notification was issued (certified
& regular mail) - 12/11/01 @ 10:00 a.m.
Item: 00400 SITE INSPECTION
04/18/2001 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
items were noted: derelict vehicles, wood and
miscellaneous debris. Additionally, a semi cab
(commercial equipment) and a
camper/trailer/recreational vehicle which appears to
be utilized as a dwelling unit. (See pictures dated
04/18/01 - Disk 37 #20-28)
08/29/2001 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
items were noted: a semi cab, several derelict
vehicles, wood, trash and miscellaneous debris.
Additionally, a structure has been erected and I can
not find any building permits. See pictures dated
08/29/01 - Disk 76 #19-24
Item: 00406 OFFICE VISIT
Kit
DEPARTMENT OF PLANNING SERVICES
CCode
Compliance Division WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
COL
ORADO A 7-� 1555 N. 17th Avenue, Greeley, CO 80631
COLORADO Phone (970) 353-6100
Fax (970) 304-6498
October 11, 2001
Ms. Mary Jones
15725 Mary Avenue
Aristocrat Ranchettes
Fort Lupton,CO 80621
Legal Description: VI-0400133 Lot 8,Bllc 27,Aristocrat Ranchettes, 2n°Filing,Weld County,Colorado
Dear Ms. Jones:
The property referenced above remains in violation of the Weld County Code. -I have scheduled a meeting with
the Board of County Commissioners on December 11, 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,Article Ill,Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right."
Section 23-3-30 "Accessory uses."
Section 23-330.1 "Noncommercial junkyard."
Chapter 29,Article III "Building Permits"
Section 29-3-10 "No building or structure regulated by this Building Code shall be erected,constructed,enlarged,
altered,repaired,moved,improved,removed,converted or demolished unless a separate building permit for each
building or structure has been first obtained from the Building Inspections Department."
To bring the property into compliance the following option(s) are available:
The "Noncommercial Junkyard" consisting of derelict vehicles, tires, wood and miscellaneous debris shall be
removed or screened from all adjacent property owners and public rights-of-way. Additionally,a building inspector
made note of an apparent structure being erected. Upon going through our records,we can not find any evidence
of an existing building permit allowing the construction of a structure of any sort. Lastly,upon a visual inspection
conducted on August 29, 2001 a semi was noted. Commercial vehicles (semi's) are not an allowed use in a
subdivision. Please note that if the above items are all resolved prior to December 10,2001,this violation will be
closed.
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.
Definitions Continued:
NONCOMMERCIAL IUNKYARD: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.
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. z ' g
3 92 g
Sincerely, o a a > z° er > 9
U � �S �}ti W 0 h e -
it
\
Bethany Salzman o �' ti
Zoning Compliance Officer o c 6 o `
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J( Lu-
pc: VI-0100133 0 •Dc
❑ ❑
Department of Planning Services co �
Bruce Barker, County Attorney x a ,� 0 o/" 2 cp 0
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M$ MARY JONES C 2 ` m=Q a z o a n o
0 Street,Apt.No.;or PO BOY No. N— O 3«- In u, H CI
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•5 Form 3800,February 2000 See Reverse for Instructions � • • ■ « pia.
SERVICE,TEAMWORK,'tN'I'EGRIT Y,QUALITY
' DEPARTMENT OF PLANNING SERVICES
C Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
COLORADO 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
WELD COUNTY
ZONING VIOLATION NOTICE
August 27, 2001
Ms.Mary Jones
15725 Mary Avenue
Aristocrat Ranchettes
Fort Lupton,CO 80621
Legal Description: VI-0000133 Lot 8,Blk 27,Aristocrat Ranchettes,2n°Filing,Weld County,Colorado
Dear Ms. Jones:
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 29-3-10 "No building or structure regulated by this Building Code shall be erected,constructed,enlarged,
altered, repaired, moved, improved, removed, converted or demolished unless a separate building permit for each
building or structure has been first obtained from the Building Inspections Department."
To bring your property into compliance with the Weld County Code:
The"Noncommercial Junkyard"consisting of derelict vehicles,tires,wood and miscellaneous debris shall be removed
or screened from all adjacent property owners and public rights-of-way. Additionally,a building inspector made note
of an apparent structure being erected. Upon.going through our records,we can not find any evidence of an existing
building permit allowing the construction of a structure of any sort.
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 27,
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.
Ms. Jones
Page 2
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.
Sincere
Bethany Salzrwan
Zoning Compliance
/
Trudy Halsey
Building Compliance Officer
pc: VI-0100133
Jeff Reif, Building Official
Julie Chester, Lead Planner
Bruce Barker, County Attorney
•
SERVICE,TEAMWORK.INTEGRITY,QUALITY
rat
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
April 23, 2001
Mr. &Mrs. Frank Jones
15725 Mary Avenue
Aristocrat Ranchettes
Fort Lupton,CO 80621
Legal Description: VI-0000133 Lot 8,Blk 27,Aristocrat Ranchettes,2"d Filing,Weld County, Colorado
Dear Mr. &Mrs. Jones: - --
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, wood and miscellaneous debris.
Additionally, a commercial vehicle (a semi cab) was noted. In the Agricultural zone district commercial
equipment requires a Use by Special Review permit. Also, it appears that at least one of the camper/trailers
is currently being utilized as a dwelling unit.
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-0100133
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
'.Parcel Table Maintenance ID
_
• ToelBar Order - •
Parcel No: 1309 27 1-19 005 :2""-1--,:----. ✓ L>
Alt Key.1660227 I lrti _ Update ReMap Qack Eku
Primary Address General Information
No DirStreet Name City ld. ARI
/ Subdivision:I
115725 If 1-MARY AV
.' l=rad I Select An Address
_...:_: { Area} 0-00 Acres:r 0.99• • Zonin
I
L .__1 l Census Tract' Cen Block1---r
,- :: ` .--1---
__ Primary Owner Information
X Coordl Y Coord:l—
, - . , - • _.. Leael DeS010011 _
Name: JONES FRANK J &MARY J 2AR27-8 L8 BLK27 2ND ARISTOCRAT RANCHETTES .=I
Address]:115725 MARY AVE 2ND FILING
- ..Address 2:IFT LUPTON CO
Address 3:1
...Address 4:1 J
._.' ZIP:180621 ..: _ _..
Use Code J I
•- . Phone 1:r TRA:I0B22 .4. "'Exempt r
Phone 2:
-
Status lACTNE
J Govt Owned:r
Notation:I ��
�� DEPARTMENT OF PLANNING SERVICES
C
Code Compliance Division 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:
X ZONING CODE COMPLAINT o Staff/Name: ❑ Citizen X Other:fit .,yet -
❑ BUILDING CODE COMPLAINT e ` a1—(
Date Complaint was received: tit'(Rht
Pending Case#(i.e.USR,RE, SE, ect...):
Legal Description: 1A,C5tx�11, �Yl �7 (,1C 2Y7liii -i\ 7 a --"Parcel#: v?-cci.crl,l• n 005
Violation Address: 1S1?cm C N:Nati Aw,
Property Owners Name: amth, CAt�Ii... _(`C�ta , t Phone:
Property Owners Address: tt SC;ca aZs cSrnc_ ' y} L.e cyFrs„n
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: tS1/4-1 - INLAILLVfl VP 11.icttO, &
"-- 1 Cap etItc ninconc'✓a.t V'o4'liddd
er1t nA/410, 01 CID a diva r-RZoning Complaint Referred To: Date: 41N VA
Building Code Complaint Referred To: Date:
Additional Notes:
(it •
4;Ntes::,
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
April 23,2001
Mr. &Mrs. Frank Jones
15725 Mary Avenue
Aristocrat Ranchettes
Fort Lupton,CO 80621
Legal Description: VI-0000113 Lot 8,Blk 27,Aristocrat Ranchettes; h'Filing,Weld County,Colorado
Dear Mr. &Mrs. Jones:
The Weld County Department of Planning Services Staff closed the zoning violation case on your property. The
mobile home has been removed from the property;therefore,the zoning violation is now closed;however,upon a
visual inspection of the property a Noncommercial Junkyard was noticed. A new violation has been initiated
regarding this alleged violation of the Weld County Code(VI-0100133).
Thank you for your cooperation in this matter. 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,
ethany a z n
Zoning Compliance fficer
pc: VI-0000113
Julie Chester
County Attorney's Office
SERVICE,TEAMWORK,INTEGRITY,QUALITY
••.an.ted al _ r'
Re 2462032 B-1517 P-134 11/01/95 03:16P PG 1 OF 1 REC DOC
Weld County CO Clerk & Recorder 6.00 2.00
AR24b2032
cQ CWazIm y`Deed Q
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances(the
"property")from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individuals)
or entity(ies) named below as GRANTEE.
The GRANTOR hereby sells and conveys the properly to the GRANTEE and the GRANTOR warrants the title to the property,
except for(I)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and
rights-or-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,and(6)any additional matters shown below under"Additional Warranty
Exceptions".
The Specific Terms of This Deed Are:
Grantor. (Give name(*)end place(s)of residence:ll the spouse of the owner-grantor is joining in this Gen to release homestead rights,identity
grantors as husband and wife.)
Robert W. Gordon
Grantee: (Give names)and address(e):statement of address.including available road or street number.is required.)
?rank j. Jones and Nary J. Jones
15725 Mary Avenue
Fort LUpton, CO 80621
Form of Co-Ownership: (II there are two or more grantees named.they will be considered to taken tenants in common unless the words"in
joint tenancy"or words of the same meaning are added in the space below.)
In joint tenancy
Properly Description: (Include county and stale.) /�
Lot Eight (8) /) / 1 / Fv7L
Block Twenty—seven (27) /
ARISTOCRAT RANCHETTES • Secondnip Filing,/I
County of Weld I(/ ' /11- e(5
State of Colorado
litA /.��
a0
Property Address: 15725 Mary Avenue, Fort Lupton, CO 80621
Consideration: (The statement of a dollar amount is optional;adequate consideration for this deed will be presumed unless this conveyance is
identified as a gilt,in any case this conveyance is absolute final and unconditional.)
Twenty Thousand and no/100 Dollars, ($20,000.00)
ReservatIons-Reslrletons: (If the GRANTOR intends to reserve any interest in the properly or to convey less manna owns.arif theGRANTOR
is restricting the GRANTEE'S right in the properly.make appropriate indication.)
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Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.)
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Signature Clause is.Corporallon7Purtnershlp or Association: ..((�//77 Signature Clause for IndNidual(s):
Name of Grantor Corporation Partnership or Association Robert W. Gordon '` f>e GA^ter
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QrFMor
By tp••�t k+.
Grantor
Attest: •
STATE OF COLORADO ) all.
COUNTY OF WELD ) -- J
The foregoing instrument was acknowledged before me this ,2 j-v-vr' day of li-CC r...x " .10 89
By• Robert W. Gordon
WITNESS my hand and Dante seal. [
My cons laren nines: j - 1 7-Z/4-
f)�L L 4--tezi U Y l i rk
Molly g te
STATE OF
COUNTY OF ) ss.
The foregoing instrument was acknowledged baton me this day of , IV
By-
(•name individual Grantor(s)or it Grantor is Corporation.Partnership or Assoc Ilion.then identify signers as president or vice president and secretary or
assistant secretary of corooration;or as partner(*)of partnership,or as authorized member(s)of association.)
WITNESS my hand and official seal.
• My eomrtWon expires: No1Ny Public
e lest UPDATE LEGAL FORMS rr11 �1 NO.201
13O 135 111 5•Crsalsy,Colorado 00632
13031356-1199 �/�
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