HomeMy WebLinkAbout20010447.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST WAYNE AND MILDRED GUNTER 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, Wayne and Mildred Gunter, VI #9900359, 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 13th day of February, 2001, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Wayne and Mildred Gunter, property owners, were 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 May 13, 2001, to allow adequate time for the property owners to
bring the subject property into compliance and for an inspection of the property by the
Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #9900359 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Wayne and Mildred Gunter 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 May 13, 2001, to allow adequate
time for the property owners to bring the subject property into compliance.
2001-0447
�7C. /JY auln/Fr PL0824
VIOLATIONS - VI #9900359 - WAYNE AND MILDRED GUNTER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of February, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD COU TY, COLORADO
ATTEST: aujil'��I'� // .//a/
J, Bile, Chair
�
. 'Q Weld County Clerk tot •: � -i���
fiRr49 , Glenn Vaa ,
BY:
Deputy Clerk to the Boa:� �� —/ 41 L.--e
William H. Jerke
APPROVal ASJ��,,_�J� ���.�°,�• EXCUSED
zvL David E. Long
C my Attorney 1k,, "\\NL
Robert D. Masden
2001-0447
PL0824
DATE: February 9, 2001
VIOLATION NUMBER: VI-9900359
NAME: Mr. & Mrs. Wayne Gunter
SITUS ADDRESS: 61473 4'7 ST, Carr, CO 80612
MAILING ADDRESS: 29500 Poudre Canyon HY, Bellevue, CO 80512-9307
ZONE DISTRICT: Agricultural
LEGAL DESCRIPTION: Lot 10-12, Blk 22, Unincorporated Town of Carr, Weld County,
Colorado
PARCEL NUMBER: 0201-27-0-40-002
CASE SUMMARY
October 13, 1999 Initial complaint received.
December 7, 1999 Initial inspection completed by Vicki Brown, previous Zoning
Compliance Officer.
December 27, 1999 Violation letter issued.
January 26, 2000 Letter sent to property owner indicating that the violation
case was scheduled before the Board of County Commissioners.
May 15, 2000 Property inspected. Property still in violation.
May 11, 2000 Violation letter re-issued.
January 26, 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) , Sections 23-3-20,
23-3-30 and 23-3-30 .I of the Weld County Code. To bring the property into
compliance the property owner shall remove or screen the "Noncommercial Junkyard"
from all adjacent property owners and public rights-of-way.
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.
2001-0447
Inspection information Sheet
VIOLATION: VI-9900359 STATUS: ISSUED
DESCRIPTION: COMMERCIAL BUSINESS OF STRIPPING LOGS. PREVIOUS VIOLATION.
NO SPR SUBMITTED
BASE INFORMATION:
PARCEL NUMBER: 0201-27-0-40-002
LEGAL DESCRIPTION: 24175 L10 TO 12 BLK22 CARR SITUS: 61473 4 ST CA
RR 0
OWNER: GUNTER WAYNE I&MILDRED M
OCCUPANCY:
LOCATION: 61473 4TH ST CARR CO
APP TYPE: VI CLASS CODE: VI-13 ZONING DIST: AG
INSPECTIONS:
Item: 00404 TELEPHONE CALL
Item: 00405 LETTER
12/03/1999 By: VEB Action: VI Comments: 5
DAY LETTER SENT
01/26/2000 By: VB Action: HD Comments:
Vicki Brown, previous Zoning Compliance Officer, sent
them a letter scheduling them for the Violation
Hearings; however, for some reason they were not on
the docket.
05/11/2000 By: BJS Action: NO Comments: Sent
30 day Notice.
01/26/2001 By: BJS Action: HR Comments: Sent
Violation Notice hearing (Feb.13 2001 @ 1000)
Item: 00400 SITE INSPECTION
05/15/2000 By: BJS Action: INSP Comments: I
completed a site inspection with Joe Mendez, Building
Compliance Officer. They are stripping logs. They are
in the process of building a house for their father
and mother. We took a brief look at the house being
built. There are a couple of derelict vehicles, misc
debris, and piles of wood. Mr. Gunter requested a 60
day extension (I told him that as long as I could see
even more progress in 60 days, than I would have no
problem working with him.) Joe mentioned that they
had removed a bunch of cars and made various
improvements since he was there last with Vicki Brown.
01/24/2001 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
items were noted: derelict vehicles, wood, scrap
metal,barrels, plastic, tires and miscellaneous
debris. (See pictures dated 01/24/01 - #6-18 Disk#27
Item: 00406 OFFICE VISIT
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COLORADO Data Sheet s
VIOLATION: VI-9900359 STATUS: ISSUED
DESCRIPTION: COMMERCIAL BUSINESS OF STRIPPING LOGS. PREVIOUS VIOLATION.
NO SPR SUBMITTED
BASE INFORMATION:
PARCEL NUMBER: 0201-27-0-40-002
LEGAL DESCRIPTION: 24175 L10 TO 12 BLK22 CARR SITUS: 61473 4 ST CA
RR 0
PEOPLE: OWNER GUNTER WAYNE I & MILDRED M 12/03/1999
29500 POUDRE CANYON HWY
BELLVUE CO
80512-9307
CONTACT GUNTER STEVE 05/18/2000 Phone: 970-897-2378
61473 WCR 19.5
CARR
CO
(Son) Can contact him.
CONTACT GUNTER, KEN 05/18/2000 Phone: 970-897-2384
(Son)/Pastor (contact)
LOCATION: 61473 4TH ST CARR CO
APP TYPE: VI CLASS CODE: VI-13 ZONING DIST: AG
COMMENTS:
BSALZMAN 12/03/1999 10/13/99 MR DUNCAN PHELP CALLED IN TO SAY THAT NEIGHBORS ARE
STILL STRIPPING LOGS WITHOUT PERMIT. VERY UNCOOPERATIVE PEOPLE. VIOLATION CASE VI-
9900087 CLOSED BY SHARYN FRAZER OWNERS CAME IN FOR APPLICATION TO BUILD. NOTHING
FILED.
12/03/99, MR PHELP CALLED AGAIN TODAY, SAID THAT GUNTHERS ARE STILL WORKING ALOT OF
HOURS. EQUIPMENT IS VERY LOUD. HE HAS ALSO HAD PHYSICAL THREATS FROM THE
NEIGHBORS. WCSO HAS BEEN CALLED PREVIOUSLY. I WILL INSPECT NEXT WEEK.
12/07/99 DID SITE INSPECTION, THERE IS A PILE OF LOGS, EQUIPMENT, A NON COMMERCIAL
JUNKYARD. DERELICT VEHICLES AND MISC. JUNK. NO ONE WAS HOME AT THE TIME. I DID
LEAVE A MESSAGE/NOTE ON THE DOOR TO CONTACT ME.
12/08/99 MR STEVE GUNTHER CALLED, LEFT A MSG TO CONTACT HIM. PHONE NUMBER WAS
GWEN INCORRECTLY.
12/08/99 MRS WAYNE GUNTHER CALLED. SAID THEY ARE NO LONGER RUNNING THE BUSINESS
AND HAVEN'T BEEN FOR OVER A YEAR. I ASKED IF THEY BRING IN LOADS OF LUMBER AND OR
HAVE THE WOOD/LUMBER REMOVED FROM THEIR PROPERTY. SHE DENIED ANY OF THIS. I ALSO
LET HER KNOW THAT THERE IS A CAMPER OUT ON HER PROPERTY THAT NEEDS TO EITHER BE
REMOVED OR SCREENED. SHE AGREED TO THIS. ALSO THAT THE NON COMMERCIAL JUNKYARD
WOULD HAVE TO BE CLEANED UP. SHE WAS VERY AGREEABLE. I WILL EXTEND FOR 30 DAYS.
05/15/00 Mr. Gunter and both of his sons were very nice. They truly are trying to clean up the property. They have
even bought alot of their neighbors properties to clean them as well. BJS
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
WWW.CO.WELD.CO.US
QE-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
COLORADO Phone (970) 353-6100
Fax (970) 304-6498
January 26, 2001
Mr. & Mrs. Wayne Gunter
29500 Poudre Canyon HY
Bellevue, CO 80512-9307
Subject: VI-9900359, Lot 10-12, Blk 22, Unincorporated Town of Carr, Weld County, Colorado
Dear Mr. & Mrs. Gunter:
The property referenced above remains in violation of the Weld County Zoning Ordinance. I have scheduled
a meeting .with the Board of County Commissioners on February 13, 2000, at 10:00 a.m., to consider the
violations ,ccurring on the property. As we discussed the above mentioned property is in violation of the
following Section(s) of the Weld County Code:
Chanter 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:
The'Noncommercial Junkyard"consisting of derelict vehicles, wood,scrap metal and miscellaneous debris shall
be removed or screened from adjacent properties and public-rights-of way.
This meetin,will take place in the County Commissioners' Hearing Room, First Floor,Weld County Centennial
Center, 9111 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, the action necessary to correct the violation, and that you
were given sufficient time to remedy the violation. If you have any questions concerning this matter,please call
me.
Sincerely,
Bethany Salzman
Zoning Compliance Officer
pc: VI-9900359
Julie Chester, Lead Planner
Bruce Barker, County Attorney
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PS Form 3811, December 1994 Domestic Return Receipt
DEPARTMENT OF BUILDING INSPECTION
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
Ci
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
May 11, 2000
Mr. & Mrs. Gunter
29500 Poudre Canyon HY
Bellevue, CO 80512-9307
Subject: VI-9900359 L10-12, Blk 22, Carr ( Section 27,T11 N, R67W), Weld County, Colorado
Dear Mr. & Mrs. Gunter:
The uses on the above described property are being considered as a zoning code violation of Sections of the Weld
County Zoning Ordinance. The violation(s) with the Weld County Zoning Ordinance are as follows:
31.3 "Accessory Uses in the A District."
31.3.9 "Noncommercial Junkyard"consisting of derelict vehicles,misceilaneous debris,etc...
31.3.4 "Home Occupations"consisting of a"Log Stripping"business(if this is not the case,please send me a letter stating
in your own words,"What the logs are being used for?""If you indeed have a business of stripping logs for profit
of any kind,or intend too?"and"How long you will need to continue stripping them?"
31.4 "Uses by Special Review in the A(Agricultural) District.(The above mentioned letter would appiy here as well)
31.4.15 "Home Business"(The above mentioned letter would appiy here as well)
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 , May 11,
2000, to correct this zoning violation. Failure tado 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. This office is ready to be of any
assistance in clarifying or answering questions concerning this matter. Please contact me at the above address
or telephone number as soon as possible.
Since
Bethany Salzman
Zoning Compliance Officer
pc: VI-9900359
Julie Chester
SERVICE,TEAM'WORK,INTEGRITY.QUALITY
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GUNTER KEN (970) 897-2384
9417 ROOSEVELT AVE CARR CO 80612add to address book
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9417 Roosevelt AY Carr CO 80612
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61473 Weld County Rd 19-1/2 Carr CO 80612
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DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
11111111 WELD COUNTY ADMINISTRATIVE OFFICES
1555 N. 17TH AVENUE
C GREELEY, COLORADO 80631
COLORADO
January 26, 2000
Mr. & Mrs. Wayne Gunter
29500 Poudre Canyon HY
Bellevue, Co 80512-9307
Subject: VI-9900359, 24175 L10-12 Blk 22, Carr Situs: Sec 27, T11, R67, Weld County, Colorado.
Dear Mr.& Mrs. Gunter,
The property referenced above ( 61473 4th St. ) remains in violation of the Weld County Zoning
Compliance Ordinance. I have scheduled a meeting with the Board of County Commissioners for
February 8, 2000, at 10:00 a.m. to consider the violation occurring on the property. This meeting will
take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center,
915 Tenth Street, Greeley, Colorado. It is recommended that you and/or a representative be in
attendance to answer any questions the Board of County Commissioners might have about the
violation. This would be a prime opportunity for you explain all issues regarding this violation. If you
can contact me prior to the hearing and take care of this matter, we will not proceed with the hearing.
If no contact is made, all plans will continue with the hearing.
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 if
you and/or a representative are not available. Our records indicate that you were made aware of the
nature of the violation, the action necessary to correct the violation, and that you were given sufficient
time to remedy the violation. If you have any questions concerning this matter, please call me.
Sincerely,
/m ,
Vickie Brown
Zoning Compliance Officer
U.S. Postal Service
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Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
119€
Fax: (970) 304-6498
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
December 27, 1999
Mr & Mrs Wayne Gunter
29500 Poudre Canyon HY
Bellevue, CO 80512-9307
Subject: VI-9900359, 24175 L10 to 12 Blk 22 Carr Situs: Sec 27 T11 R67, Weld County, Colorado
Dear Mr & Mrs Gunter,
The uses on the above described property are being considered as a zoning violation of Sections 31.3.9, 31.3,
31.3.4, 31.4, 31.4.15 of the Weld County Zoning Ordinance.
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 December 27,
1999, 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. This office is ready to be of any
assistance in clarifying or answering questions concerning this matter. Please contact me at the above address
or telephone number.
Sincerely,
•
/ /kgea . 1071/ti
Vickie Brown
Zoning Compliance Officer
pc: VI-9900359
W _ ---
Parcel Table Maintenance
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,_,- i i GUNTER WAYNE I &MILDRED Ii.,:i.: 24175 L16 TO 12 BLK22 CARR SITUS: 61473 4 ST
' � -' 129500 PDUDRE CANYON HWYRR 0
- 7 `, BELLVUE CO
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Assessors Conversion zi_t ACT p. e . ,� �:
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Ur Base Information NEI xi,
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::.i....,''.:-, Parcel NO: 10201-27-D=40-002 j
rt•
Owner: 1GI-NTER WAYNE I & MILDRED M .
•.. Status: IISSnED I !41 Written By: jVEB 1 'Seti1TwrrIRng: )27 11 67 : ]
Description: COMMERCIAL BUSINESS OF STRIPPING LOGS. PREVIOUS u
Location: )61473 4TN ST CARR CO
Zoning Dist: [AGRI _ I Permit Num:
. App Type: VI j (B'CV=BLDNG VIO_V1=ZONING VIII_WCV=WEL v •sD VIO 6c •vi")
Class Code: 1V1-13 i
'` ,,. L not allowed
Complaint: L16/13/1999 Irtit: 1VEB NO VI:.1 / / 1 Init: L
5 Day Letter 112/03/19991: ::: !tilt.: VEB
Issued: 11212711999(: [nit: VEB I
'.1, '''1'.::::',7''• [rispectian: 12/07/1999 ''<Init: VEB -
:BCC Vio: 1_! / `',:.: Init: 1 j:.
Court: I_t__J 1 ,.•_• 1nit:
''.:::'.::,-.41-Closed Clv�ed f3 CV_ J—J_J_�: Init. 1 � Closed.VI: I____. /_/..____I:... `_Inik r I
4."..--tigte 1\fit 1;5:1N\ .
DEPARTMENT OF PLANNING SERVICES
COMPLAINT REPORT
Willie
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COLORADO q >>- '0.2 --/- -;
Complaint Initiated by: �:. '
") a ZONING COMPLAINT a Stafffi �' (Gr u��` ���
y\'' ❑ BUILDING CODE COMPLAINT
• Citizen o Other
, LEGAL DESCRIPTION: /7a LAp )
VIOLATION ADDRESS: , (1�'I (/ 4U4 f. • - 6
Parce!#(,-,H.;/n <-):7 711/4 e� ATTA COf?Y,QF DEED 7`/ f
I ' '-!�t% "' i Phone# i tom! 1�Zv�G=�l�oU(
Property Owner's Name. ./l 4.J ;�''// .'7// !'6d�G�. '-f
Properly Owners Address: .7/4_ .�. T - Ay j
., 1.\td,. Tenant's Name and Mailing Address:
NATURE OF COMPLAINT: f
��3 7 //. , '"
�� �� � ��. 'tA %)/7.j a j/IY - � Ir�.��./a�i�ice' ,/, 'j% �'/ �� ,_-1.'jl .,
(VP: r .' .//-'- ''1v.. . kI }'1.
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`� �L 1 - - � '� Date: !/)%;.; ,J.' ,�
Zoning Complaint Referred To: ii r :i../Y_
Building Code Complaint Referred To:
Date:
Date:
Case Assigned To:
OF INVESTIGATOR: Date of Inspection: /,_2( ',1(j 571
ACTION
Inspection of property indicates:
a No violation of the Weid County a Zoning / a Building Code Ordinance
Referred to: on .
a No violation of the Weld County ❑Zoning / a Building Code Ordinance
a Violations of the following Sections of the a Zu Iding Code Ordinance
ACTION ON COMPLAINT: a No Action Taken/No Violation a Violation a File Started
Date Date
CASE REVIEWED BY SUPERVISOR Date
SUPERVISOR'S COMMENTS
NOTE: Attach all pertinent information and facts disclosed by investigation to this form.
2454519 B-1510 P-128 09/06/95 02:42P PG 1 OF 1 REC DOC
Weld County CO Clerk & Recorder 6.00 0. 14
AR2 454519
WARRANTY DEED
THIS DEED, Made this 5TH day of SEPTEMBER, 1995 between
WILLIS HILL and JULIUS HILL and LECIA HILL, and AZELIA HILL,
of the County of Weld and
State of Colorado, grantor, and
WAYNE I. GUNTER and MILDRED M. GUNTER
,,,w{ioee legal address is 29500 POUDRE CANYON, BELLVUE, CO 80512
of the County of Larimer and State of Colorado, grantees:
WITNESS that the grantor for and in consideration of the sum of ONE THOUSAND FOUR
HUNDRED AND 00/100, ($1,400.00) Dollars, the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents
Ctij does grant, bargain, sell, convey and confirm unto the grantees, their heirs and
assigns forever, not in tenancy in common but in JOINT TENANCY, all real property,
6j/ together with improvements, if any, situate, lying and being in the County of Weld
N nd 8 t of Color do a�a ibad s f Flo s: Lots 7, 8, 9, 10, 11, 12, Block 22, in the
own o� �azr, Coun�'y df We�c�, Sta�`e og Co�orado_
DC
'\ also known by street and number as TBD, Carr, Colorado 80612
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the ion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest,
d toosthecaboveabargain d pnd ret 00000 r of emises, withthe th ghereditamente and appurtenances.either in law or an of, in
TO RAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantees, their heirs and assigns f And the grantor, ,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
and agree to and with the grantees, their heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form aforesaid, and that the same are
free and clear from all former and other grants, bargains, sales, liens, taxes,
, encumbrances and restrictions of whatever kind or nature soarer, except
general taxes for 1995 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and rsoncorbpersons ion of the lawfully claimingtthe, their whole orheirs
any partathereof.against
all and every p p
The singular number
shall
include
lural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
-Iy� Cie
�/'
WILLIS
'HILL
J ��� /J�-/ ,®/ �I
v Y I ^0y�1+�.1 '/WL t •YIG/;I.LI, 41.26'
AZ LIA HILL by: Willis Hill as attorney �3ULIUS HILL by: Willis Hill as attorney
in fact. itirfevill/Pn fact. -u� "/�1� �p.'.r�,�
ecia i by': Willis ill as attorney in
STATE OF COLORADO ) fact.
) as. The foregoing instrument was acknowledged before me
County of Weld 1 this 5TH day of SEPTEMBER, 1995
Individually and as attorney in fact for Julius Hill , Lecia Hill and
by WILLIS HILL ddd/dssxss/OZZ/0110/%E%n/HIMA/ARs/AAAA7A/NlFXJ Paella Hill.
iatri Witness my hand and official seal.
. (j ' My commission expires 10-17-98
.•4
�: ra:,y4 • f NOTAR
IC
v •• 3000 S. College Avenue Suite 110
No. 921A. Rev. 3--' ,OR��L*. P.- Fort Collins, COLORADO 80525
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