HomeMy WebLinkAbout20010074.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST I M DAIGLE AND COMPANY 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, I M Daigle and Company, VI #0000151, 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 9th day of January, 2001, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, I M Daigle and Company, 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 April 9, 2001, to allow adequate time for the property owner 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 #0000151 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against I M Daigle and Company 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 April 9, 2001, to allow adequate
time for the property owner to bring the subject property into compliance.
2001-0074
pd Ix 1)C1` aie 619 PL0824
VIOLATIONS -VI #0000151 - I M DAIGLE AND COMPANY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of January, A.D., 2001.
BOARD OF C UNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST: Lk, �� �/ az&
M. J. Geile, Chair
Weld County Clerk to th O kg
4.4 is
Fir Glenn Vaal, - m
BY: e e. . - `A_3' /�: _ . .e'�.�
Deputy Clerk to the Boa
Willi . Jerke�
PR ED AS TO F M:
David E. Long
ounty Attorne EXCUSED
Robert D. Masden
2001-0074
PL0824
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
C Phone (970) Fax700t 3540
Fax: (9(970)) 304-6498
COLORADO
INSPECTION REPORT
NAME: Mr. Ira M. Daigle
LEGAL DESCRIPTION OF PROPERTY:
Lot 2, BIk 1, Country Estates, Weld County, Colorado
DATE: January 9, 2001
CASE NUMBER: VI-0000151
Upon a visual inspection of the property, the following items were noted:
numerous derelict vehicles
tires
miscellaneous automotive parts
metal
wood
miscellaneous debris
� � r
ethany Sal an
Zoning Compf anc fficer
pc: VI-0000151
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SERVICE, TEAMWORK, INTEGRITY, QUALITY
DATE: January 2, 2001
VIOLATION NUMBER: VI-0000151
NAME: Mr. Ira M. Daigle & CO
ADDRESS: 2869 Matthews Avenue, Country Estates, Fort Lupton, CO 80621
ZONE DISTRICT: Agricultural
LEGAL DESCRIPTION: Lot 2, Blk 1, Country Estates, Weld County, Colorado
PARCEL NUMBER: 1471-23-2-02-002
CASE SUMMARY
March 7, 2000 Initial Complaint Received
July 27, 2000 Five day compliance encouragement letter issued.
July 31, 2000 Mr. Daigle called.
August 2, 2000 Initial inspection completed. Property in violation.
August 9, 2000 Violation letter issued.
September 6, 2000 Mr. Daigle called.
September 6, 2000 Thirty (30) day extension letter issued.
December 11, 2000 Property inspected. Property still in violation.
December 14, 2000 Letter sent to property owner indicating that the violation
case was scheduled before the Board of County Commissioners .
There is a violation of Section(s) 31.3 .9 of the Weld County Zoning Ordinance.
To bring the property into compliance the "Noncommercial Junkyard" shall be
removed, restored or screened 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 .
2001-0074
Inspection information Sheet
VIOLATION: VI-0000151 STATUS: ISSUED
DESCRIPTION: Noncommercial Junkyard
BASE INFORMATION:
PARCEL NUMBER: 1471-23-2-02-002
LEGAL DESCRIPTION: CE1-2 L2 BLK1 COUNTRY ESTATES %2869 MATTHEWS AVE%
OWNER: DAIGLE IRA
OCCUPANCY:
LOCATION: 2869 Matthews Av - Country Estates
APP TYPE: VI CLASS CODE: VI-2 ZONING DIST: AG
INSPECTIONS:
Item: 00404 TELEPHONE CALL
07/31/2000 By: BJS Action: TEL Comments: Mr.
Ira Diagle called in. He stated that he had just
received my 5 day letter. He stated that he is aware
that he has several cars on his property. He stated
that he is remodeling his barn and therefore all of
the cars are out. He also stated that he does have
other miscellaneous debris. He also has a Motor Home;
however, it does have current tags and such. He asked
for a 30 day extension. I told him that I would get
that in the mail to him. Home phone# 303-637-9115
09/06/2000 By: BJS Action: TEL Comments: Mr.
Ira Daigle called. He is having some trouble getting
titles. He requested an additional 30 day extension.
I granted the extension.
Item: 00405 LETTER
07/27/2000 By: BJS Action: NO Comments: Sent
5 day letter.
08/09/2000 By: BJS Action: NO Comments: Sent
30 day Violation Notice letter.
12/14/2000 By: BJS Action: HR Comments: Sent
notice of Violation Hearing.
Item: 00400 SITE INSPECTION
08/02/2000 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
notations were made: several dei._.ct vehicles.
Please see the attached pictures dated 08/02/00.
12/11/2000 By: BJS Action: INSP Comments: Upon
a visual inspection of the property, the following
items were noted: numerous derelict vehicles,
automotive parts, tires, wood, metal, and
miscellaneous debris. This case will be scheduled to
go before the Board of County Commissioners for a
Violation Hearing (No pictures were taken at this
time).
Item: 00406 OFFICE VISIT
Ar
Name: MVC-028S.JPG O`6I02,1t5D
Size: 23659 bytes
Dimensions: 640 x 480 pixels
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Dimensions: 640 x 480 pixels
fii4$off
Wilk
COLORADO Data Sheet s
VIOLATION: VI-0000151 STATUS: ISSUED
DESCRIPTION: Noncommercial Junkyard
BASE INFORMATION:
PARCEL NUMBER: 1471-23-2-02-002
LEGAL DESCRIPTION: CE1-2 L2 BLK1 COUNTRY ESTATES %2869 MATTHEWS AVE%
PEOPLE: APPLICANT DAIGLE IRA 05/16/2000 Phone: 303-637-9115
2869 MATTHEWS AV
COUNTRY ESTATES
FORT LUPTON, CO 80621
LOCATION: 2869 Matthews Av- Country Estates
APP TYPE: VI CLASS CODE: VI-2 ZONING DIST: AG
COMMENTS:
t1
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
O WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
• 1555 N. 17th Avenue, Greeley, CO 80631
COLORADO Phone (970) 353-6100
Fax (970) 304-6498
December 14, 2000
Mr. I M Daigle & CO
2869 Matthews Avenue
Country Estates
Fort Lupton. CO 80621
Subject: VI-•000151, Lot 2, 8II< 1, Country Estates, Weld County, Colorado
Dear Mr. C. igle:
The propert, referenced above remains in violation of the Weld County Zoning Ordinance. I have scheduled
a meeting w,th the Board of County Commissioners on January 9,2000,at 10:00 a.m.,to consider the violations
occurring on the property. As we discussed the above mentioned property is in violation of the following
Section(s) or the Weld County Zoning Ordinance:
31. .t "Noncommercial Junkyard"consisting of numerous derelict vehicles,automotive parts,tires,wood,metal
and:miscellaneous debris.
For your convenience, I have added the appropriate definitions:
DERSLICT VEHICLE: A vehicle:hat is inoperable (unable to move under its own power); or is partially or totally
disc ntled; or nas ail or portions of its body work missing or is substantially damaged; or is not registered with the
Star, of Colorado, as required by Section 42-3-103, CRS, or by Sections 42-3-138 or 42-12-102, CRS, and/or the
nurm.ier plate assigned to it is not permanently attached to the vehicle,as required by Section 42-3-123, CRS; or is
lack:"g proper equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way or
othe vise not equipped with lamps and other equipment as required in Sections 42-4-202 to 42-2-227, CRS. This
definrion 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.
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.
To bring the property into compliance the following option(s)are available:
The "Noncommercial Junkyard" shall be removed, restored or screened from adjacent property owners and all
public rights-of-way. While I am aware that you have been trying to work on this violation,it has been open since
July of this year. Please contact me at your earliest convenience.
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, 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, Z 1 3 0 0 5 5 9 1 9
-.::10..taKidi US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Bethany Salzma Do not use for International Mail(See reverse)
Zoning Compliance Officer (seat to
I MR. I M DAIGLE & CO
pc: VI-0000151 !Street&Number
2869 MATTHEWS AVENUE
Julie Chester, Lead Planner ii.
tOffice State.&ZIP Code
Bruce i arker, County Attorney i FORT LUPTON, CO 80621
'iPostage $
Certified Fee
Special Delivery Fee
I Restricted Delivery Fee
in
a Return Receipt Showing to
Whom&Date Delivered
SERVICE,TEAMWORK,INTEGRITY,QUALITY RetumReceiptShowmgtoWhom,
< Date,&Addressee's Address J{
C i TOTAL Postage&Fees $
c0 i
Ch I Postmark or Date
�� III
0.1
( 4ritit DEPARTMENT OF BUILDING INSPECTION
Code Compliance Division
Website: WWW CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Fax: (9(970) 304-6498
•
COLORADO WELD COUNTY
ZONING VIOLATION NOTICE
September 6, 2000
Mr. I M Daigle & CO
2869 Mathews Av
Fort Lupton, CO 80621
Subject: VI-0000151 Lot 2, Blk 1, Country Estates, Weld County, Colorado
Dear Mr. Daigle & CO:
The uses on the above described property are being considered as a zoning code violation of Sections of the Weld
County Zoning Ordinance. Currently your property is in violation of the following Section(s) of the Weld County
Zoning Ordinance:
31.3.9 "Noncommercial junkyard" consisting of numerous derelict vehicles.
Definition(s) as per the Weld County Zoning Ordinance:
NONCOMMERCIAL JUNKYARD = 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.
DERELICT VEHICLES = 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
(Colorado Revised Statute Code),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 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.
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. Per our telephone conversation,you have requested an
additional 30 (thirty)days from,September 6, 2000,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.
Si cerely, e lr f'1?&-J_tr\(\Y Bethan Salzman
Zoning Compliance Officer
pc: VI-0000152
Julie Chester, Lead Planner
Bruce Barker, County Attorney
•
SERVICE.TEAMWORK.INTEGRITY,QUALITY
ttfle tel;Ns
DEPARTMENT OF BUILDING INSPECTION
r
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ex 3540
Fax: (970) 304-6498
-6498
•
COLORADO WELD COUNTY
ZONING VIOLATION NOTICE
August 9, 2000 •
Mr. I M Daigle & CO
2869 Mathews Av
Fort Lupton, CO 80621
Subject: VI-0000151 Lot 2, Blk 1, Country Estates, Weld County, Colorado
Dear Mr. Daigle & CO:
The uses on the above described property are being considered as a zoning code violation of Sections of the Weld
County Zoning Ordinance. Currently your property is in violation of the following Section(s) of the Weld County
Zoning Ordinance:
31.3.9 "Noncommercial Junkyard"consisting of numerous derelict vehicles.
Definition(s) as per the Weld County Zoning Ordinance:
NONCOMMERCIAL JUNKYARD — 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.
DERELICT VEHICLES = 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 (Colorado Revised Statute Code),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 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.
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 9, 2000, 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,
•
Bethany Salz 'a
Zoning Compliance Officer
pc: VI-0000152
Julie Chester
•
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
TT Website: WWW.CO.WELD.CO.US
Vi
E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
C Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
July 27, 2000
I M Daigle & CO or Current Resident
2869 Mathews Ave
Fort Lupton, CO 80621
Subject: VI-0000151, Lot 2, Blk 1, Country Estates, Weld County, Colorado
Dear I M Daigle & CO or Current Resident:
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 Zoning Ordinance. The potential noncompliance with the Zoning
Ordinance is a "Noncommercial junkyard" (please see definitions below).
Definition(s) as per the Weld County Zoning Ordinance:
NONCOMMERCIAL JUNKYARD = An area where any waste,junk,or used or second hand materials are stored or handled, including,res, ng materials,and es. A also int clude de thed storage scrap ron and or keepingother
of DERELICT VEHIper, CLES.
ber The Noncommercial all Junkyard shall be totally enclosed cial within ayard may
building
or structure or visually SCREENED from all adjacent properties and public rights-of-way.
DERELICT VEHICLES = 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(Colorado Revised Statute Code),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 h lamps other 42-3-202 tor4illegal
2 2--227 CRS.This deflic initiorights-of-way
sh l noty or inncl deotherwise
`implementts ofPhuusbandry, arm ttrractorrs,or vehicles customarily opeipment as required in rions
ated
in a farming operation.
SCREENED = Construction and maintenance of fences,earth berms or 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.
Please call 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.
Sincerely,
C,
Bethany Salzman
Zoning Compliance Office
pc: VI-0000151
Julie Chester, Lead Planner
Bruce Barker, County Attorney
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COMPLAINT REPORT
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Igoe
COLORADO, VI-CC-Cc-,G-\
; Complaint Initiated by
�'` ZONING COMPLAINT i ...'._•i f".... - •�
o BUILDING CODE COMPLAINT ❑ Staff p Citizen El Other
Legal Description: . . :?- 1�,iy .s t" . :,,•-..,..:•:,...:. Parcel# i f ..
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Violation Address: :`='.l,. } ",: Alt g= , r
Property Owners Name: '<'"jq,N ',/ --'...7"..41-i. .. -r '• Phone #
I. i
Property Owners Address: f:',,.1, "- I c r''t- . ' • „if :.
Tenant's Name: Phone#
Tenant's Address:
NATURE OF COMPLAINT: t',
- 1 Date: ` .� ,•,.;'1,'a ,
Zoning Complaint Referred To: " ? k 4- 1`'i.•• .
Building Code Complaint Referred To: Date:
ACTION OF INVESTIGATOR Date of Inspection:
Inspection of the property indicates:
❑ No violation of the Weld County a Zoning Ordinance/ 0 Building Code Ordinance
o Violation of the following sections of the Zoning Ordinance
a Violation of the following sections of the Building Code Ordinance
********.*************.**.*****..*.**************„*****.****-*.*.*********************_**.*
ACTION ON COMPLAINT
C No Action Taken/No Violation ❑ Violation File Started
Date: _ Date:
March 7, 200(1
Joe Mendez Barbara Kirkmeyer
Code Compliance County Commissioner
Planning and Zoning Department 915 10th Avenue
1400 N. 17th Avenue Greeley, CO 80631
Greeley,CO 80631 VIA Fax# 1-970-352-0242
•
VIA Fax 4: 1-970-304-6498 .
RE: Zoning Violations
Matthews Avenue (Country Estates Subdivision)
Dear Mr. Mendez_
As a resident of Matthews Avenue in Country Estates Subdivision , I am
and complaints are deeply
concerned
wiasth
thefoo continued
zoning violation and the deterioration of my community. My
Junk, Derelict Vehicles, Lack of Landscape and/or Dwelling and Excessive Debrs�atntenancc,
Deteriorating Out buildings
Joseph and Ida Duran 2149 Matthews Avenue Alfonse Palko 215860 Matthews Avenue
Matthews Avenue
Carol and Ed Rupp 2390 Matthews Avenue Ira Daigle
Steve Steennan 2570 Matthews Avenue RBon tSwinale 2?n 70 Matthews Avenue
Matthews Avenue
David J. Shaffer 2750 Matthews Avenue Bryan B 9 Matthews Avenue
Ronald Hale 2870 Matthews Avenue Louis Duran 2226000 Matthews Avenue
Edward G. Hein 2210 Matthews Avenue Tong Yang
Douglas Rand 2389 Matthews Avenue
The property below is of great concern as it appears to be a non-conforming dwelling, not fit for
habitation, in addition to an excessive amount of junk and scrap visible from the north side of the street:
• Walter B. Chartier 2269 Matthews Avenue
s is eatly appreciated, as this community could be a remarkable place of quiet
Your assistance in this matter Br
enjoy t.
on •rne esident
aiaync A- itengei
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