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Home My WebLink About20002439 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TERRY BIRD FOR VIOLATION OF THE WELD COUNTY ZONING ORDINANCE 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, Mr. and Mrs. Terry Bird, VI #9800066, are allegedly in violation of the Weld County Zoning Ordinance, 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 October 2000, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation and WHEREAS, Terry Bird, 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 November 9, 2000, 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 said violation be, and hereby is, referred to the Weld County Attorney's Office for legal action against Mr. and Mrs. Terry Bird to remedy the violation of the Weld County Zoning Ordinance, 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 November 9, 2O00, to allow adequate time for the property owner to bring the subject property into compliance. 2000-2439 PL0824 • c'.' , ,r///'L/ C'f1 VIOLATIONS - VI #9800066 - TERRY BIRD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of October, A.D., 2000. BOARD OF COUNTY COMMISSIONERS /� WELD COUNTY, COLORADO ATTEST: I �I�,t,; !�/,�� /�!� y L /2 << <s/O Barbara J irkmeyer, Chair f Weld County Clerk to '- `' � ;21 O= Ir� M. . G D'le, Pro-Tern / BY: /S Deputy Clerk to the �� T�� / ---2, 2 _ N r e . Baxter APPROVED AS Tt 4/l: —2- / �1 k 2 r ,' a e K. Hall // L 24-aunty At ndy — % �,. Glenn Vaad 2000-2439 PL0824 DATE : October 6, 2000 VIOLATION NUMBER: VI-9800065 NAME: Mr. & Mrs . Terry Bird ADDRESS: 947'7 HY 392, Windsor CO = owner and violation address ZONE D2STRICT: Acriculture LEGAL DESCRIPTION: Part of the S2SW4 of Section 15, T6N, R67W of the P-f'. , Weld County, Colorado PARCEL NUMBER: 0807-1_` -0 -0O019 CASE SUMMARY April 16, 1998 Initial complaint received. April 20, 1998 Cease and Desist Order May 6, 1998 Cease and Desist Order appealed. April 16, 1998 V-oiation Letter issued. Property inspected , Property st 111 in vio:cation. June 2, 1998 Letter sent to property owner incicating that the ySo Let )n case was scheduled before the Boa:=d of County Coi:miss i one: July 14, 1998 Case was referred to the County A-.torney' s Office tc: ,,roc eed w.Lth legal action immediately. July 24, 1998 Sharon Frazier, previous Zoning Code Compliance ,J:.'ic_ . signed an order for "Verified Complaint and for Bredimica^y and Permanent Injunction." July 28, 1998 Snaron Frazier, previous Zoning Code Compliance Offi.._er, let with Mr. Bird. July 28, 1998 Health Department sent a "Warning Letter" regarding curt i .cg al'_egat Loris . October 28, 1.998 Progress report letter sent to Br. Bird. November 18, 1998 Progress report letter sent to Sr. Bird. March 10, 1999 30 :Thirty) day extension letter sent. March 23 , 1999 Mr. Bird came to the office t : speak to Sharon I9-7. = 2000-243P previous Zoning Code Compliance Officer. June 16, 1999 Progress report letter sent to Mi . Bird- November 10, 1999 Site inspection completed, property still in violation. November 29, 7999 New vic_attion notice issued. December 1, 1999 Violation notice re-issued . December 13 , 1999 Mr. Bird spoke to Vickie Brown, previous Zoning Cc . Compliance Officer. December 21, 1999 Site inspection completed, property still in violar._•__r . January 7, 2000 Site inspection completed, property still in vio n:.__n . May 23 , 2000 Site inspection completed, property stiff_ in violazo__n_ August 30, 2000 Setter was sent to property corner indicating ! hat violation was scheduled in front of The Board or: Cocci y Commissioners . The is a violation of Sections) 31 . 3. 9 cf the Weld County Zoning Or'ltranf - To bring the property into compliance the property owner must remcve cc scant the "Noncommercial Junkyard" from adjacent property oo-ners and public reLjate r way The Department of Planning also recommends that the County Attorney a_uhor-- e legal action against any other persons occupying the properties, any erns es claiming an interest in the properties, and any persons acting in active iorc-.. t with the identified parties. 6 01,1Thv \( 1PR DEPARTMENT OF PLANNING SERVICI S WI I D C Code CompHanl e Divi. r 1555 N. 17th Avenue o ree eti J 3C Phone: 1970) 3 .'3-51 U( i xt 3 0 COLORADO �,0. - . (3 INSPECTION REPORT NAME: Mr. & Mrs. Terry Bird LEGAL DESCRIPTION OF PROPERTY: Part of the S2SW4 of Section 15, T6N, R67W of the 6" P \9 , Weld County, Colorado DATE: October 9, 2000 CASE NUMBER: VI-9800066 Upon a visual inspection of the property, a "Noncommercial Junkyard" consisting of the following items s still present: 3+ Derelict Vehicles 1 possible derelict boat Miscellaneous debris consisting of wood. plastic, metal, tree limbs, pallets, paper, and various other debris. thany Salzman) C Zoning Compliance Officer pc VI-9800066 Julie Chester 3ERJITE, TEAMWORK, INTEGRITY, QUALITY (71" / ' DEPARTMENT OF PLANNING SERVIC ES Code Compliance Divls an pe WWW.CO.WELD.CO JS E-mail Address: bsalzmantiDco.weld.a 1555 N. 17th Avenue, Greeley CO 80' 31 COLORADO Phone 9701 353-6 30 Fax 970) 304-6.198 Aug.ast 30, 2000 Mr. & Mrs. Terry Bird 9477 HY 392 Windsor, CO 80550 Sub,ect: VI-9800066, Part of the 525W4 of Section 15, T6N, R67W of the 6th P.M., Weld County, Colorant) Dear Mr. & Mrs. Bird: 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 October 10, 2000, at 10:00 a.m., to consider tae violations occurring on the property. As we discussed the above mentioned property is in violation of the following Section(s) of the Weld County Zoning Ordinance: 31.3.9 "Noncommercial junkyard" consisting of derelict vehicles, trash, wood, metal, plastic, and various other miscellaneous debris. The previously used screening materials.ire in extreme disarray. DERELICT VEHICLE: A vehicle that a inoperabie (unable to move under its own power); or s 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-i 03,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 lathing proper equipment to the extent that,t would be unsafe or illegal to USE or.public road right;-of-way or otherwise not equipped with lamps and other equipment as required in Sections 42-4-201 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 ano maintenance of fences,earth berms or the USE of LANDSCAPING materials or Omer materials USED with the approval of the Department of Plannir g Services to les,en the noise, light, heat or vistra: impacts of a USE on surrounding USES. To bring the property into compliance the following option(s) are available: The Noncommercial junkyard must be adequately screened from all adjacent properties and public rights-of-way or removed. 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. SERVICE,TEAMWORK,INTE3RITY,QUALITY 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 vi to were given sufficient time to remedy the violation. If you have any questions concerning this matter, please call me. Sincerely, ?yi...4tv,..tvistli?3(V-04,....., Bethany Salzman Zoning Compliance Officer pc: VI-9800066 County Attorney's Office Julie Chester, Lead Planner SERVICE,TEAMWORK.INTFt rRITY,QUALITY •aoimes idiaoaa uinteld Buisn.tot not; lt..eq.'. I7j . La w a? a5 z :1,30 055 982 . c -0 > a 'u a t $2. 0 'LIS POStai SE'rvlce .t N O G C Receipt for Certified Mail f No Insurance Coverage Provides. o > m d E CO ICS CC Do not use for International Mail;See reversal m ..0.1 a CD tii 0 L :2 c 1 L•Serif to 3 c„ oNo a ( m . & MRS. TERRY BIRD i N k" , ❑ ❑ (, - Q, 2 , j .� E Street&I4umter @ O X N O D a ftl C. ≥ Q 6 477 HY 392 — o N Qtr :� n c: Post Mice,Slate,&ZIP Code a, � N Q .w v WINDSOR, CO 80550 U .: o�cu f):(1 e_ oa .v _. Postage $ • a m t °• 1-.. � c�n w a o Ia Q - - N . DOC Certified FeeI m _D, v v N. m s. Special Delivery Fee ' Y U - - D I U ..Restricted Delivery Fee "I it .o i t r w n 4i Return Receipt Showing to i c o Whom&Date Delivered - a E o .. ^� 3 = i i5 Return Receipt thawing to Whom, is ,, Q 3 H 'Cl pate,&Addressee's Address Ili , ,, ' p PO O 8 TOTAL'ostage&Fees $ ( �� o m g ` 5 p- cr1 y nn d L x� x oo I 7 M Postmark ornate • a• o E. a W o0 15.a Z. i o: aom c - N O •e !s \ .�: e 2 c n Ci c n co: 7 3 d ¢ x tl fa i a_. • ..,,i'''77 e N mrom o r -o n = al�I92� CCmmcg• z z > ,�mCu a9� a, a r �. I2 , CI 0 40."�L=. .6 U Z Ol :73.... :J 'S: zaocn E° ,, .cc !1.) K u ujoaivaa.3—v NN•• • ■ ! C^ •tl IC (i caPls asaenea 3114 uo pajaldwoo SgfltOCIV t iI T.r3.no(`i Bethany salzman Re: update on cases t- ge 1 From: Bethany salzman To: Morrison, LEE Date: 8/28/00 8:32AM Subject: Re: update on cases Miller -9900280: This one is definately still in violation. The violation is of the number of animal units and a Noncommercial Junkyard consisting of derelict vehicles, wood, appliances, tires, and miscellaneous debris. Please proceed with legal action. Gonzalez -0000042: Joe Mendez is handeling this one. told him to give you a call (I believe that he gave them another extension, but I'm not sure.) Sewald -0000056: Mr. & Mrs. Sewald turned in their Site Plan Review It is still being worked on by Planner, Robert Anderson. Mr. Anderson believes that there might be some legal conflicts betweer the Sewald's and the City of Greeley, which might hold up our end of the Site Plan Review. I will let you know when everything is tied up; however, the Sewalds have done everything humanly possible to come into compliance. Wickham -9800102: I thought I sent this back already, but I found it this morning (already notarized on 08/16/00). I am sending it through inner-county mail today. SORRY Gartrell -9900307: As we discussed last, Mr. Gartrell has also added other items (mattress & box spr.ngs) and the derelict vehicle is still present. Please proceed with legal action. First Baptist Church of Windsor -9800066: I am trying to work with Gary in the Health Department jn this one. I am scheduling them to go to the Violation Hearings in front of the Board of County Commissioners on October 10, 2000. I will try to get the rest of them to you within the next couple of days. Thanks, Bethany »:> LEE Morrison 08/24/00 04:48 PM »> Beth, Diane indicates she is awaiting a response from you on the attached list. Please send the information to her as it is developed thanks Lee D. Morrison Asst. County Attorney CC: dbeckman (f .-ttitmrm'w FAX TRANSMPP,.. ).,N COLORADO _" 11 !, 2‘12)/ec' L). ii'�,�- Jr,; !liw< ' Weld County t ':/ :r 7 7:/P Department of Planning Ser~/ices ,ri ; :.;• Jet. Fax: 970-304-6498 -.?-kA 1�(`, i". Phone: 970-353-6100, ext. 3540 TO: () ljf1/� /�. _ t FROM: i/ j %a / '/. / DATE: f /S-7 ilT7l FAX#: PAGES: C OMMENTS: CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged. confidential. and exempt from disclosure under aoolicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the J.S. Posiai Service Thank you. ott„.\\ Elk COLORADO Data Sheet s VIOLATION: VI-9800066 STATUS: [S SUED DESCRIPTION: NONCOMMERCIAL JUNKYARD EXPANDED ON THE PROPERTY. EXISTING SCREENING IS IN DISREPAIR, HABITUAL VIOLATION. BASE INFORMATION: PARCEL NUMBER: 0807-15-0-00-019 LEGAL DESCRIPTION: 23372B PT S2SW4 15 6 67 LYING S & E OF GREAT WES TERN RR (1.I1R .5RR OWNER: FIRST BAPTIST CHURCH OF WINDSOR ADDRESS: LOCATION: 9477 HIGHWAY 392 APP TYPE: VI CLASS CODE: VI-2 ZONING DIST: AG COMMENTS: VBROWN 11/29/1999 11/29/99 ASKED LEE MORRISON FOR REFERENCE TO BIRDS PROPERTY ACCORDING TO LEE, THEY WERENT AWARE THAT THERE [S STILL A PROBLEM ONPROPERTY. THE VIOLATION HAS NOT BEEN CLOSED. NOT VERY MUCH DOCUMENTATION IN FILE. PROPERTY IS STILL IN VIOLATION. 12/01/99 SENT LETTER TO MR BIRD TO RESPOND WITHIN 5 DAYS REGARDING ONGOING VIOLATION. 12/13/99 SPOKE TO MR BIRD REGARDING NON COMMERCIAL JUNKYARD. ADVISED HIM THAT HIS PROPERTY HAS BEEN IN VIOLATION FOR QUITE A LONG TIME, HE NEEDS TO COMPLETE THE FENCE TO THE NORTH/WEST SIDE OF PROPERTY,NEXT TO THE RAIL ROAD TRACKS. ALSO NEEDS TO MOVE THE TRACTOR BACK INTO HIS PROPERTY. I ALSO ADVISED HIM OF THE VEHICLES OUTSIDE OF THE FENCE. HE SAID THAT HE WOULD MOVE THEM BACK INTO THE FENCED AREA. I DID TELL HIM THAT ALTHOUGH HE'S MOVING THE JUNK BACK INTO THE FENCED AREA, IT CANNOT BE OVER THE TOP OF THE FENCE. HE SAID THAT THAT WASN'T A PROBLEM BEFORE. HOWEVER, IT DEFEATS THE PURPOSE AND NOT SCREENED IF THE MISC JUN__ IS OVER THE TOP OF THE FENCE AND IS STILL VISIBLE FROM THE COUNTY RIGHT OF WAY. I DID TELL HIM THAT IF I DID SEE ANY TYPE OF IMPROVEMENT, I WOULD TRY TO EXTEND. ] WILL REINSPECT ON DEC. 29,1999 TO SEE IF ANYTHING HAS BEEN STARTED. IF THERE HAS BEEN NO MOVEMENT, I WILL REFER TO BCC. 12/17/99 GARY FROM HEALTH DEPT DROVE BY PROPERTY, MR BIRD WAS OUTSIDE ON THE TRACTOR MOVING SOME OF THE ITEMS AROUND. HE WASN'T EXACTLY WHAT HAD BEEN MOVED, BUT THERE WAS MOVEMENT IN PROGRESS. I WILL DO A DRIVE BY INSPECTION THIS WEEK TO CHECK ON PROGRESS. 12/21/99 DID SITE INSPECTION. MR BIRD HAS PILED SOME SMALL PIECES OF WOOD INTO A TRUCK. THE DERELICT VECHICLES ARE STILL OUT IN FRONT OF THE FENCED AREA. IT DIDN'T SEEM TO BE ANY PROGRESS OF THE BUILDING OF THE FENCE. THE TRACTOR WAS MOVED BACK INTO THE PROPERTY AREA. THERE IS STILL ALO I OF DEBRIS AND TRASH IN THE YARD. THERE SEEMS TO HAVE BEEN A FEW THINGS MOVED, HOWEVER NOT ENOUGH TO MAKE ANY PROGRESS IN THE CLEAN UP OF THE AREA. I WILL REFER TO BOCC TN FEBRUARY 2000. 1/7/00 DID SITE INSPECTION ON 'FERRY BIRD PROPERTY, THERE ARE STILL DERELICT VEHICLES PARKED OUTSIDE OF THE FENCE. THERE ARE STILL PILES OF MISC WOOD, TRASH AND DEBRIS. THE PILES OF DEBRIS THAT ARE ON THE INSIDE OF THE FENCE ARE TOO HIGH AND ARE. VISIBLE FROM THE COUNTY RD 392. ] SPOKE TO MR BIRD BEFORE IN REGARDS TO THE PILES CANNOT BE OVER THE TOP OF THE FENCE. IT IS DEFEATING THE PURPOSE OF THE SCREENING. [ WILL REFER TO LEGAL/DIANE BECKMAN. DEPARTMENT OF PLANNING SERVICES Code , Greeley, e CC)Division �555 N. 17th Avenue, Greeley, CO SJ631 'hone: (970) 353-6100, Ext. 3540 CFax: (970) 304-5498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE December 1, 1999 Mr & Mrs Terry Bird 9477 HY 392 Windsor, CC 80550 Subject: VI-9800066, 233726 PT 525W4 15 6 67 Lying S & E of Great West, Weld County, Colorado Dear Mr & Mrs Bird, The uses on the above describe° property are being considered as a zoning violation of Sections 31.3.9 or toe Weld County Zoning Ordinance. It is the intention of this office to assist and cooperate with you without Imposing undue hardships; however,ycu: property is still in violation. We have no discretion in this matter if you fail o correct this violation. You have 30 (thirty) days from December 1. 1999, to correct this zoning violation. Failure to do so will result in his office scheduling the violation before the Board of County Commissioners in January 2000, to consider whether M rere, the violation to the County Attorney's Office for legal action. Any information you nave that may help to resolve this matte; will be helpful. This office is ready to oe or any assistance In clarifying or answering questions concerning this matter. Please contact me at the above address or to ephone number. Sincerely, Vickie Brown Zoning Compliance Officer pc: VI-9800066 PERMITS Id: MISC120 Keyword: MACTM User: VBROWN 12/01/99 Additional Notations tor Inspection item: 00000 Violation Permit No: VT--9800066 Applicant: FIRST BAPTIST CHURCH OF WINDSOR Status: ISSUED Location: 9477 HIGHWAY 392 Line Insp. Date Text 1 07/13/98 I INSPECTED MR. BIRD'S PROPERTY ON 7-13-98. SIGNIFICANT 2 07/13/98 PROGRESS HAS BEEN MADE. THE PROPERTY IS STILL IN VIOLATION 3 07/13/90 OF THE WELD COUNTY ZONING ORDINANCE. DERELICT VEHICLES AND 4 07/13/90 MISCELLANEOUS DEBRIS ARE STILL LOCATED OUTSIDE OF THE 5 07/13/90 EXISTING SCREENING. 6 11/10/99 11/10/99 DID SITE INSPECTION W/GARY FROM HEALTH DEPT. THE 7 11/10/99 FENCE IS STILL NOT COMPLETE, THERE SEEMS TO BE SEVERAL 8 11/10/99 DERELICT VEHICLES IN FRONT OF THE WOODEN FENCE ON SOUTE SIDE 9 11/10/99 ALSO, ALOT OF MISCELLANEOUS DEBRIS, SLINK. NO SCREENING 10 11/10/99 ON NORTH/WEST SIDE BY RAIL, ROAD TRACKS. NOW A TRACTOR CUT 11 11/10/99 OF YARD, NEXT PO TRACKS. Enter Option: I=Inspect Up/Dawn=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit No more entries to view. DEPARTMENT OF PLANNING SERVICES (faiCode Compliance Division 1555 N. 17th Avenue, Greeley, CC 806)1 WIlD Phone: (970) 353-6100, Ert. 3540 CFax: (97013(,4-6498 COLORADO WELD COUNTY ZONING VIOLATION NOTICE November 29, 1999 Mr & Mrs Terry Bird 9477 HY 392 Windsor, CO 80550 Subject: VI-9800066 Dear Mr & Mrs Bird, The uses on the above described property are still being considered as a zor ing violation of Sections 31.2, 31.3.9 of the Weld County Zoning Ordinance. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,it was agreed upon to ask the Court to dismiss the case on June 23, 1999, without prejudice, based on the cooperation occuring between yourself and this department. As of yet, your property has not come into compliance. Failure to comply within 30 days of this letter will result in this office scheduling the violation before the Board of County Commissioners in January 2000, 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, i/2L Vickie Brown Zoning Compliance Officer pc: VI-9800066 From: LEE Morrison To: VBrown@NORTHDOMAIN.NORTHPOST, Date: 11/29/99 11:09am Subject: TERRY BIRD PROPERTY -Reply as to property in County (not In Windsor) This office got no indication that there was a problem in may of 1999 so the court was allowed to dismiss the case. I will fax a copy of the e-mail exchange with Sharyn Frazer. You need to reestablish contact with them and then send us a report if your file was not closed indicating that we should. refile the court case. If your file was closed, new approval from the commissioners probably should be obtained before we refile. Lee D. Morrison Assistant Weld County Attorney CC: jchester, dbeckman, ghague 47Thil DEPARTMENT OF PLANNING SERVICE' Code Compliance 'DivisiG • 555 N. 17th Avenue, Greeley, CO 806. Phone: (9701 353-6100, Ext. 35-r CFax: (970) 3D4649 COLORADO June 16, 1999 Terry and Dorothy Bird 9477 Highway 392 Windsor, CO 80550 Subject: VI-9800066 Dear Mr. and Mrs. Bird: In correspondence with the County Attorney's Office I have informed them of the progress occurring on the property since the fire. It is imperative that you continue to bring the property into compliance with the Web County Zoning Ordinance. Based on my inspection of the property scheduled for lune 22, 1999, from the road right-of-way, we can agree to request the Court to dismiss this case on June 23, 1999,without prejudice, based on the cooperation ocr urring between yourself and this department. You will not need attend any court nearing on that date. Please ensure that the property is in the best possible order by the above date We realize that you will Sri ll neeli to build and repair fencing, at this time. If you should have any questions, please contact me at the above address and phone number. cerely, Sharyn Fra r, ACED Code Compliance Officer pc: VI-9800066 SERVICE,TEAMWORK.INTEGRITY,QUALITY From: DIANE BECKMAN To.: sfrazer Date: 6/4/99 10 : 51am Subject: Bird 9800066 I know you are out of the office - lucky you. I just wanted to make sure that. you had e-mail to come back to! ! ! ! I discussed this case with Lee and he suggested that we just let the court dismiss it 6/23/99 without prejudice if they are not Ln compliance. If WE need to refile at a later date, we will . Let me know if you have any questions. FELL ko.µµ�U 1i/Cy -y:� 11 :b1 11J:CALLA) GIl' 'GOVT FP 970352O242 � alaF From: SIIAIQYN FRAZt P TO: C'1?N'YDOMAI.N. CGNTPOsfl (DBECRMAN1 Date: 6/1/99 10 : 20am subject; Bird, 900006h Reply .1 fir etty ouch, monitor: him daily Since the tire, he I-aao worked ;r icettl bn Id new fencing and attempt. l: ) at'roeeo Elie noncommercial ju.nky.)Id t:con, vIev: sc,ia_i-n_ Ilce eti.1J. has a way to yc.+, 11.Oweve,r, 1: :Corsi lie is work Inr{ wt Ili me N 1 I :ion' I. l:h ink. that. T would have any problem di sin] 8 rag :Ll. et: tli.i.F+ Limas , I stop by the property on. ,a NCea.dy hausle and no le more I.:Lrert uoopeiTa l.'i ve . -• DLA:Na: HEICKMAN 06/01 /99 09 40am Who 1'. the status of this case? We heed En rile something with the Court they are going to etisnlee .i.t . The last cari'reepan.d ln.te I have Irr my IN ir_ cl.ateci .4/10/99 inci_edi.trig that: you were go1rig to inspect in 30 da.ya - hi "_ar]c .torwa.ri9 re copy ot your 1n1ipe 'I. Ion. le}?'irt u.Lou:_r with your reconmend.at .I.(in ni what you would. a1:r',lyeet chat we do. Thank yon EE:or your lie Lp I Post-IV Fax Note 7671 Sato �. y_ i�RnFlq► To ,1112+tX. (A./Axel CO. • Phunu N Phone!1 Fox II fuxM From: SHARYN FRAZER To: DBECKMAN, LMORRISON Subject: VI-9800066, Terry Bird Mr. Bird came into the office yesterday, 3-23-99, to discuss the situation on the property. He asked for some time to start building new fencing and stated that we would work with him as long as I could see definite progress . He applied for an electrical permit to repair damage to the meter set.. I will send over periodic progress inspections, as we go. DEPARTMENT OF PLANNING SERVI( ES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80131 Phone: (970) 353-6100. Ext. 3 340 C. Fax: (970) 352-6 12 COLORADO March 10, 1999 Terry and Dorothy Bird 9477 Highway 392 Windsor. CO 80530 Subject: VI-9800066 Dear Mr. and Mrs Bird: I have been conducting site inspections of the property from the road right-of-way since November, 1998. The property has remained in compliance, to date. However, the existing fencing that is screening the noncommercial junkyard is in disrepair in a few places. We discussed this issue when we met on the site at the enc of 19%. I will inspect the property thirty (30) days from the date of -his letter. I will reiterate that all materials must be screened behind his fencing. If the fencing has been corrected; we will r lose this violation file. If you have any questions, please contact me at the above address and phone number. Sincerely, Sharvn�FO Code Compliance Officer pc: VI-9800066 County Attorney's Office SERVICE,TEAMWORK.IN IGGRin,QUALITY y o DEPARTMENT OF PLANNING SERVICES ° Weld County Administrative Offi :es .. 1400 N. 17th Avenue, Greeley. CO 80E 31 Phone: (970) 353-6100, Ext. 3`.40 a - {{` j Fax: ;970)352-6 12 • COLORADO November 18, 1998 Terry and Dorothy Bird 9477 Highway 392 Windsor, CO 80550 Subject: VI-9800066 Dear Mr. and Mrs. Bird: I am still conducting site inspections on the property. Recently, it appears that quite a bit of activity i, or cur'tug on site. It does not appear that you are working toward maintaining the property within the requireme ris of he Weld County Zoning Ordinani:e as previously explained. This violation has remained :n an active status due to the historic occurance of violations on rne property f re Board of County Commissioners has granted permission for the Department of Planning 5e * is es '.o r pier the violation to the County Attorney's Off(e to proceed with legal action at any time it is determined you have not met compliance issues. It is imperative that you operate within the scope of uses allowed in the A (Agricultural) zone district I im eery dedicated to working with you to do this. The six month extension that was granted expires Januar- h, 1999. If you should have any questions, please contact me at the above address and phone number. Sicerely, akt? . Sharyn Fr r, ACED Code Compliance Officer pc: VI-9800066 SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVI( Weld County Administrative Offi+ es 1400 N. 17th Avenue, Greeley, CO 806 (1 Phone: (970) 353-6100, gxt Ext. 3 40 C. Fax 1976) (52-6 2 COLORADO October 20, 1998 ferry and Dorothy Bird 9477 Highway 392 Windsor, CO 80550 Subject: VI-9800066 Dear Mr. and Mrs. Bird: I have been conducting site inspections periodically over the past couple of months. It appears that Waite c i it of activity is occurring on the property on a daily basis. I wanted to reiterate that after we met and condac to a walk through inspection, you are aware of what constitutes a noncommercial junkyard. We discussed extending your fencing to at comoaate some of the items and/or ensuring that all ,it miscellanous items are screened behind the exiting 'en(ing I explained that I would keep the vadat' e for a period of six months due to the HNo t of v,elatidns XC urring on the property. The six month Hs( Ir,.n will he over January 28, 1999. Please r onunue io work toward compliance on the property. If you should have any questions, please contact me at the aoove address and phone number. Sincerely, chary , ACF Code Complian Officer pc: VI-9800066 County Attorney's Office ITEr VICE U AM WORK,INTEGRITY,QUALITY raffel OFFICE OF COUNTY ATTORNEY Weld County Planning Dept.. PHONE (970) 356-4000 EXT.<91 FAX E 970) T STREET 915 TENTH STP,EET JUL 3 01998 =.O. BOX 1 .45 GREELEY, CO 80€32 RECEIVED COLORADO July 29. 1998 Terry and Dorothy Bird 9477 Highway 392 Windsor, CO 80550 RE: Planning Violation 980066 Dear Mr. and Mrs. Bird: Thank you for talking with me on Tuesday of this week.. The Department of Planning Services has advised this office that substantial progress has been made to bring the property into compliance with the Weld County Zoning Ordinance. Prior to our conversation, a Verified Complaint for Preliminary and Permanent Injunction had been filed with the Weld County District Court. No response to the Petition is necessary athis time and you will be served with the Petition before a response will be required. Given the history of compianc e issues, the case will remain open for at least 6 months to insure continued compliance Thank you for your cooperation in this matter. Yours y, /1)77? D. Mbmson Assistant Weld County Attorney LDM/db pc: Sharyn Frazer, Planning Dept. .5410 DEPARTMENT OF HEALTH 1517 16TH AVENUE COURT GREELEY, CO 80631 vials Co ADMINISTRATION (970) 353-0586 ENVIRONMENTAL PROTECTION (970) 353-0635 COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356-4966 WELD COUNTY ENVIRONMENTAL PROTECTION DIVISION BEFORE THE AIR POLLUTION CONTROL DIVISION COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT STATE OF COLORADO c 1f AIL" WARNING LETTER CERTIFIED LETTER NO.: Z 130 100 201 {2. (A �J July 28, 1998 Weld County Planning Dept. Issued to: JUL 2 91998 Terry Bird RECEIVED 9477 Highway 392 Windsor, Colorado 80550 This Warning Letter is being issued by the Colorado Department of Health through the Air Pollution Control Division ("Division")to Terry Bird,pursuant to the Division's authority under section 25-7-1 15(2). C.R.S., as amended. I. ALLEGED FINDINGS OF FACT This letter constitutes a formal "Warning Letter" as a follow-up to the Windsor-Severance Fire Protection District Fire Incident Response on July 22, 1998 at 9477 Highway 392 near Windsor, Colorado in We d County. The Windsor-Severance Fire Protection District found a 10 foot by 10 foot area of burning weeds in the middle of a trash dump. A File search was made at the Weld County Health Department. No burn permit was issued and a Co-mty Wide Burn Ban was in place for fire safety reasons. Terry Bird was given a Verbal Warning on Janua y 7, 1997 by Steve Wiatrowski a duly delegated representative of the Colorado Department of Health, Air Pollution Control Division for burning without a permit during the Winter Months Burn Moratorium Terry Bird Burn Warning Letter 7/28/98 page 2 II. PROVISION OF LAW ALLEGED TO HAVE BEEN VIOLATED The open burning was conducted at 9477 Highway 392 near Windsor in Weld County, Colorado in violation of Section 25-7-123(2)(a), C.R.S., and Air Quality Control Commission Regulation No. 1, Section II.C.1., which provides in part: ". .No person shall burn or allow the burning of rubbish, wastepaper, wood cr other flammable material on any open premises or on any public street, alley, or other land adjacent to such premises, unless an open burning permit is lint obtained from the Division." III. STANDARD PENALTY PROVISION FOR THE VIOLATION AS ALLEGED Section 25-7-123(3)(b)provides that any person failing to comply with Section 25-7-123(2)(a). for commercial purposes, shall be subject to a penalty of not more than $10,000.00 per day for each day o violation. Section 25-7-123(3)(a), C.R.S., provides that any person failing to comply with Section 25- '- 123(2)(a), for noncommercial purposes, shall be subject to a penalty of not more than $100 00 per day for each day of violation. In addition, Section 25-7-115(5) requires the Division to determine whether a noncompliance penalty is applicable. If a noncompliance penalty is found to be applicable. such penal y generally must be assessed for any period of violation from the date of issuance of this notice until the date on which the emission source is brought into compliance. The amount of noncompliance penally is calculated in accordance with the provision of Section 25-7-115(5)(b), C.R.S. IV. EFFECTIVE DATE OF NOTICE This Warning Letter shall become effective upon receipt. • Troy E. Swain Environmental Protection Specialist Weld County Health Department cc: Millie Turner, CDPHE - Air Pollution Control Division Sharyn Frazer, Weld County Planning & Zoning Lee Morrison, Weld County Attorney's Office From: SHARYN FRAZER To: LMORRISON Subject: TERRY BIRD I MET WITH TERRY BIRD THIS A.M. 7-28-98 . HE HAS MADE REMARKABLE PROGRESS IN THE PAST WEEK OR SO. WE DID A WALK THRU OF THE PROPERTY AND ADDRESSED THE ITEMS STILL NOT IN COMPLIANCE. I EXPLAINED THAT HE CAN EXTEND HIS SCREENING AS LONG AS HE USES THE EXISTING MATERIALS (WOODEN SLATS-6 ' ) AND REPAIRS A COUPLE OF AREAS THAT ARE SAGGING. I TOLD HIM I WOULD RECOMMEND THAT WE PLACE A TEMPORARY HOLD ON THE VIOLAT.:ON AND LEAVE IT OPEN FOR 6 MONTHS. I EXPLAINED THAT IF HE COMES OUT OF COMPLIANCE, WE CAN IMMEDIATELY PROCEED WITH THE VIOLATION. I ALSO TOLD HIM THAT I DRIVE HIGHWAY 392 ALL THE TIME, AND WILL DEFINITELY KEEP AN EYE ON HIM. DISTRICT COURT, COUNTY OF WELD, COLORADO Case No. 98-CV- Division I VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTION BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Petitioner, v. TERRY BIRD and DOROTHY BIRD, a/k/a First Baptist Church Respondents. COMES NOW the Petitioner, by and through its attorney, the Assistant of Bruce T. Barker, Weld County Attorney,below named,and for its Complaint against the Respondents,Tenry Bird and Dorothy Bird, alleges as follows: 1. This is a Complaint seeking relief,pursuant to Rule 65,C.R.C.P.,and C.R.S., Section 30-28-124,prohibiting the Respondents from using,or allowing the use,of his property in violation of the Weld County Zoning Ordinance, hereinafter "Zoning Ordinance" with respect to the illegal non-commercial junkyard. 2. Petitioner, Weld County, by and through the Board of County Commissioners of Weld County, Colorado, is a political subdivision of the State of C olorado and abody corporate and politic and is a Home Rule County organized pursuant to statutes of the State of Colorado. and the Weld County Home Rule Charter. Pursuant to the authority of C.R.S., Section 30-28-101, et seq., as amended,the Weld County Board of County Commissioners duly enacted and adopted the Zoning Resolution, a comprehensive resolution establishing land use, zoning and regulations for the use of land and buildings within the unincorporated portions of Weld County, Colorado. The Zoning Resolution, with amendments, was in full force and effect until August 25, 1981, at which time, it was superseded by Weld County Ordinance No. 89 (Zoning Ordinance). The Zoning Ordinance, with amendments, has been in full force and effect at all times material herein and is applicable to the property in question. 3. That at all times material hereto, the Respondents have been the owners of property described as Part of Section S2, SW4 of Section 15,T6N,R67W of the 6th P.M.,an unincorporated area of Weld County, Colorado. V1 _ p,t -� 4. Respondents have been given notice of the violation, and the Weld County'Board 01 County Commissioners has authorized legal action for failure to have a screening plan approved by the Planning Department and installed around the non-commercial junkyard or to have the non- commercial junkyard enclosed in a building or removed from the property. 5. That since at least June 2, 1998, and continuing, on information and belief, to this date,the Respondents have used, maintained, stored, or occupied or allowed the use, maintenance. storage, or occupancy of the non-commercial junkyard on the above-described property and continues to use, maintain, store, or occupy or allow the use,maintenance, storage, or occupancy of the non-commercial junkyard on the above-described property without first complying with the Weld County Zoning Ordinance. The violation of the Zoning Ordinance, therefore, continues and then.: appears to be no adequate remedy at law with which to compel compliance with the Ordinance. 6. The Respondents' above-described violation of the Weld County Zoning Ordinance by their failure to have a screening plan approved by the Planning Department and installed around the non-commercial junkyard or to have the non-commercial junkyard enclosed in a building or removed from the property in order to use the property in a manner consistent with the Weld County Zoning Ordinance is detrimental to the County of Weld and its inhabitants in that it frustrates the purpose of the Zoning Ordinance to preserve and protect the public health, safety, and general welfare of the residents of Weld County. Respondents' continued failure and refusal to cease and desist from such violation will result in irreparable harm to the County of Weld and its inhabitants for which the Petitioner has no adequate remedy at law. WHEREFORE, the Petitioner prays the Court for judgment as follows: A. That a preliminary injunction or order of abatement issue enjoining Respondents, their agents, servants, employees. licensees, and guests from using, maintaining, storing, nr occupying or allowing the use,maintenance,storage,or occupancy of said non-commercial junkyard on property described in paragraph 3 of this Complaint until Respondents first comply with the Weld County Zoning Ordinance by having a screening plan approved by the Planning Department and installed. In the alternative, that an Order enter requiring the ion-commercial junkyarc. to he removed from the property. B. That on final hearing, an order issue permanently enjoining the Respondents, their agents, servants. employees, licensees, and guests from using, maintaining, storing, or occupying, or allowing the use, maintenance, storage, or occupancy of said non-commercial junkyard on property described in paragraph 3 of this Complaint until Respondents first comply with the Weld County Zoning Ordinance by having a screening plan approved by the Planning Department and installed. In the alternative, that an Order enter requiring the non-commercial junkyard to be removed from the property. C. That the Petitioner be awarded its costs in this action. D. That the Court grant the Petitioner such further relief as the Court deems just and proper. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE CF COLORADO, Petitioner BRUCE T. BARKER WELD COUNTY ATTORNEY ADDRESS OF PETITIONER: By:4 / .r,.. LE. D. M SON 8067 915 Tenth Street Assistant County Attorney Greeley, CO 80631 915 Tenth Street P. O. Box 1948 Greeley,Colorado 80632 (303) 356-4000, Ext. 4391 • STATE OF COLORADO ) ss. VERIFICATION COUNTY OF WELD ) I,Sharyn Frazer,the undersigned,Zoning Compliance Officer of the Department of Planning Services, being sworn, state: That the facts set forth in the foregoing COMPLAINT are true to the best of my knowledge, information, and belief () 4Serzoningrnpiiance Officer Dept. of Planning Services Weld County- Colorado SUBSCRIBED AND SWORN to before me this ail day of ,(,i 19.9 . (/ WITNESS my hand and official seal. tiorly.),,...„ Nota ry My commission expires: 9j j�00l RESOLUTION 'b 56.:ee e 'd.Fna t �i � RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TERRY AND DOROTHY BIRD FOR VIOLATION OF THE WELD COUNTY ZONING ORDINANCE 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, Terry and Dorothy ird, VI #9800066 allegedly in violation of the Weld County Zoning Ordinance, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violaticn has not been corrected, and WHEREAS, on the 14th day of July, 1998, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, aid WHEREAS, Terry and Dorothy Bird were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff anc WHEREAS, the Board deems it advisable to oring legal action against those individual's as hereinabove named 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 Terry and Dorothy Bird to remedy the violation of the Weld County Zoning Ordinance, 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. 981227 PL0824 VIOLATIONS -VI #9800066 - TERRY AND DOROTHY BIRD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO / ATTEST: EXCUSED Constance L. Harbert,.Chair Weld County Clerk ,. the opW. . ,/ ,j3 nra � W. H. Webster, Pro-Tern BY: - i Deputy Clerk t: _=. • _ EXCUSED L!/iV �; r e E. Baxter APP D FORM: bile K. all my Attor ey EXCUSED DATE OF APPROVAL (?YE) Barbara J. Kirkmeyer 98'227 PL0824 • HEARING CERTIFICATION • RE: VIOLATIONS OF THE WELD COUNTY ZONING ORDINANCE A public hearing was conducted on July 14, 1998, at 10:00 a.m., with the following present: Commissioner Constance L. Harbert, Chair - EXCUSED Commissioner W. H. Webster, Pro-Tern Commissioner George E. Baxter - EXCUSED Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Weld County Planning Dept Also present: JUL 2 2 1998 Acting Clerk to the Board, Carol Harding County Attorney, Bruce Barker CEIVE RE �'°� Planning Department representative, Sharyn Frazer �,J Planning Department representative, David Sprague Health Department representative, Trevor Jiricek Health Department representative, Dan Parkos 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 #9800077 - SCHNEIDER: Sharyn Frazer, Department of Planning Services, and Trevor Jiricek, Health Department, presented the case report for the record and Ms. Frazer stated the property is in violation of Section 4.8.3(A) and Section 4.8.5(A)(5) of the Confined Animal Feeding Operation Control Regulations (CAFO). Upon inspection of the property on February 21, 1997, staff observed no adequate wastewater collection and storage facility on the westerr portion of the property. Mr. Jiricek stated that as of this date, a draft Manure and Wastewater Management Plan has been received and progress is being made towards bringing the property into compliance. The property was inspected by Mr. Jiricek and Ms. Frazer on July '13, 1998. Mr. Jiricek stated he felt the property could be brought into compliance within 63 days Sonny Schneider, property owner, stated he has been working with a consultant from Envirostock, and he hopes to have construction on the wastewater collection and storage facility completed by July 15, 1998. Mr. Schneider presented photographs taken of the construction. The photographs taken on July 13, 1998, were marked Exhibit "A" and those taken on July 14, 1998 were marked Exhibit "B". Chair Pro Tern Webster stated he also inspected the property. In response to Commissioner Kirkmeyer, Mr. Schneider stated the recommended 60 days is adequate time for completion of the facility, as well as the final engineering report. Commissioner Kirkmeyer moved to refer VI #9800077 against Sonny Schneider to the County Attorney for legal action, with the instruction to delay action upon E.uch referral for 60 days to allow adequate time for the Manure and Wastewater Management Facility construction to be completed. The motion was seconded by Commissioner Hall. and it carried unanimously. 9812"5 �� PL0824 HEARING CERTIFICATION - ZONING VIOLATIONS July 14, 1998 PAGE 2 VI #9800068 - CHAVEZ: Mr. Sprague, Department of Planning Services, presented the case report for the record and stated the property is in violation of the Weld County Building Code Ordinance. Due to extensive fire damage, the steel outbuilding located on the property needs to be immediately vacated and secured against entry. Mr. Sprague indicated the building is in danger of collapse at any time and recommends proceeding with the abatement procedure. In response to Commissioner Webster, Mr. Sprague stated several attempts have been made to contact Guadalupe and Rose Chavez, property owners, in person without result. A certiflec letter was mailed to Mr. and Mrs. Chavez and a signature card was returned indicating delivery of the letter on May 5, 1998. Neither Mr. or Mrs. Chavez or their representative were present. Bruce Barker, County Attorney, suggested that the case be turned over to his office for immediate action. Mr. Barker stated they will try to contact Mr. or Mrs. Chavez and communicate to them that a permit will be needed to make repairs as well as demolishion of the structure. Failure to follow these recommendations will result in the County Attorney's office starting abatement proceedings. Commissioner Hall moved to refer VI # 9800068 against Guadalupe and Rose Chavez to the County Attorney for immediate legal action. The motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. VI #9800071 - PEEK: Mr. Sprague, Department of Planning Services, presented the case report for the record and stated the property is in violation of Sections 50.5.3, 60.5.2 and 71.4.2 of the Weld County Building Code Ordinance. Mr. Sprague stated that the violation concerns a manufactured home on the property. The violation could be corrected by obtaining the fina inspections, and obtaining a permit for the three large decks which have been constructed. In response to Commissioner Kirkmeyer, Mr. Sprague stated that Robert, property owner, McPeek was unwilling to give any kind of time frame for compliance. Neither Mr. McPeek or h representative were present at the hearing. In response to Commissioner Kirkmeyer, Mr. Barker stated if this case is referred to the County Attorney's office an attempt will be made to contact Mr. McPeek to set up a time for the inspections to be completed. Commissioner Kirkmeyer moved to refer VI#9800071 against Robert Peek to the County Attorney for lega' action. The motion was seconded by Commissioner Hall, and it carried unanimously. 981215 PL3824 HEARING CERTIFICATION - ZONING VIOLATIONS July 14, 1998 PAGE 3 VI #9700201 - DAWSON: Ms. Frazer, Department of Planning Services, presented the case report for the record and stated the property is in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. Ms. Frazer stated that upon inspection of the property on January 29, 1998, no kennel operation was found on the property, however, the non- commercial junkyard does exist. A July 8, 1998 inspection showed remarkable progress has beer made to bring the property into compliance. Jacob and Betty Dawson, property owners, were present at the hearing. Mr. Dawson stated he is in the process of putting up a seven foot fence to screen the materials. Mr. Dawson asked for 30 days in order to complete the work anc bring the property into compliance. In response to Commissioner Hall, Mr. Dawson said he is aware that if the work is not completed within 30 days, the County Attorney's office will take the problem to court. Ms. Frazer stated that the Department of Planning Services is recommending a 60 day extension due to the fact that Mr. Dawson also has farming work that needs to be completed during this time. Commissioner Kirkmeyer moved to refer VI #9700201 against Jacob and Betty Dawson to the County Attorney for legal action, with the instruction to delay action upon such referral for 60 days to allow adequate time for the property to be brought nto compliance. The motion was seconded by Commissioner Hall , and it carried unanimously VI #9800066 - BIRD: Ms. Frazer, Department of Planning Services, presented the case report for the record and stated the property is in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. Ms. Frazer stated immediately upon receipt of the initial complaint on Apr! 16, 1998, a 30 day violation notice was issued since Mr. Bird has another similar violation in the Town of Windsor, which is currently being handled by the County Attorney's office. Ms. Frazer said she realizes the Windsor violation is a separate issue, however, in an0 attempt to bring the Windsor property into compliance Mr. Bird moved a portion of the materials to the county property and, although some attempt has been made to clean up the property, the violation still exists. Ms. Frazer stated that this is the fifth time in the past eight years that Mr. Bird has been in violation on the this property. Ms. Frazer also stated, the property is being brought into compliance very slowly, and Mr. Bird has a habitual violation history, therefore, she is recommending this case be turned over to the County Attorney's office. Dan Parkos, Department of Health, verified Ms. Frazer's comments and stated some of the materials located at the Windsor property were tagged and were later found on the county property. Neither Mr. or Mrs. Bird or a representative were present at the hearing. Commissioner Hall moved to refer VI #9800066 against Terry and Dorothy Bird to the County Attorney for immediate legal action. The motion was seconded by Commissioner Kirkmeyer , and it carried unanimously. 9812"1.5 PL0824 HEARING CERTIFICATION - ZONING VIOLATIONS July 14, 1998 PAGE 4 This Certification was approved on the 20th day of July, 1998. APPROVED: ATTEST: game BOARD OF COUNTY WELD COUNTY, COLORADO SIONEF'.S S�•� , Weld County Clerk . in? 'r "�� y' EXCUSED O ems, Constance L. Harbert, &441— I Chair - Deputy Clerk to� '� , 3 /W. H. Webster, Pro-Tern ltd. TAPE #98-18 EXCUSED __— e E. Baxter Dale K. Hall EXCUSED DATE OF APPROVAL (AYE) Barbara J. Kirkmeyer 981215 PL0824 a j DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. .i 7th Avenue, Greeley, CC 8063 Phone: (970) 363-6100, Ext. X540 C. Fax: (970) 3524,31 2 iggipCOLORADO WELD COUNTY ZONING VIOLATION NOTICE June 2, 1998 Terry and Dorothy Bird 9477 Highway 392 Windsor, CO 80550 Subject: VI-9800066 Dear Mr. and Mrs. Bird: I have granted an extension on the violation until July 13, 1998. It is imperative that the noncommercial junkyard (miscellaneous debris) be removed from the property (not relocated in the Town of Windso-) and/Dr adequately screened behind existing fencing located on the property. If you are removing the debris to an-type of salvage yard, I would recommend that you retain your receipts. If the noncommercial junkyard is not in compliance by July 13, 1998, I will schedule a meeting with the 3oarc of County Commissioners on July 14, 1998, at 10:00 a.m. 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 or a representative be in attendance to answer any questions the Board of Court Commissioners might have about the violations. The Department of Planning Services' staff will be recommending that the Board of County Commiss onen authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate tha: 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. 16haryn Fraz Zoning Compliance Officer pc: VI-9800066 ocet Th , VI C' a DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 1 Phone: (970) 363-6100, Ext. 354C C. Fax: (970) 352-6312 COLORADO WELD COUNTY ZONING VIOLATION NOTICE April 16, 1998 Terry and Dorothy Bird 9477 Highway 392 Windsor, CO 80550 Subject: VI-9800066 Dear Mr. and Mrs. Bird: The uses on the above described property are being considered as a zoning violation of Sections 31.2 and 3 3.9 of the Weld County Zoning Ordinance. There is an expansion of the noncommercial junkyard (miscellaneous debris and derelict vehicles)located on the property. The existing screening is in disrepair at this time, It is tf e intention of this office to assist and cooperate with you without imposing undue hardships; however, we have do discretion in this matter if you fail to correct this violation. You have 30 (thirty)days from April 16, 199E, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of Ccunty Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any i-iformation you have that may help to resolve this matter will be helpfu . This office is ready to be of any assistance in clarifying or answering questions concerning this matter. Please contact me at the above ad tress or telephone number. erely, Sharyn F zer Zoning Compliance Offi pc: VI-9800066 Gary Hague, Environmental Protection Services SERVICE,TEAMWORK,INTEGRITY,QUALITY JUN-22-1998 0922 P.1)1 i (t � r I' MF ORANDUM f 1 , t TO: Lee Morriso DATE: June 22, 1998 i I: .:C C OR ' DO , FROM: Gary Ha ue SUBJECT: Ter Bird • • • On Friday June 19, 1998, I inspected the 207 Oak Street property located in Windsor. As of this date, significant prpgress had been made in removing all tl a debril.Debris that remains is stored up offthe ground and in an organized manner.Currently,the remaining debrisoes not constitute a health hazard.However, the wooden IIettce is still in poor condition and the wire fe* along the east side has not been repaired. Mr.Bird wasi informed about the status;of this case aid was raittinded that he does not have any options with us should he Mall out of compliance. • • • • • ,• I -" P 0B t-it"Fax Note 7671 Data * es �7 ( �J !/a Pegg Tat /Yh/7 From , Y �A iq ifsµ rtR ,= Caft7ept(O � *l y ��./-2�Gt4� �- � ✓ C r :.:.4•;;)'; 1.41..':.:..!-:.-E..:: Frw a-x 7r T�fr ae 1 ti.w4 v Faia3sa 0.2 `/� Fax#. _ S!9/G :ptt! . r• es., � Ir 11 r �,S�µy,S ��1 ,IF + �! r r'Ir- I' i F I ,I r v'F' 1� ry, r�yi, :e i� 4 r� ,�.ryr,s:3J'Y '.. v ¢ro ` ) rp ;t x i� ran 7`r Erl .; j !Yi{e ti• Js z<�%v p � r ,r , I I I ' i �v{ . ti • I I X11 - C � `0 RL P.01 . _ { I , 1. L, r. ,. d-;y,..jySrpB • . . A �''.""' ■' RESOLUTION RE: APPEAL OF CEASE AND DESIST ORDER ENTERED BY THE WELD COUNTY HEALTH OFFICER PURSUANT TO SECTION 25-1-613 AND SECTION 25-1-617 C.R.S., AS AMENDED, AND WELD COUNTY ORDINANCE #56.- TERRY AND DOROTHY BIRD 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, the Board of County Commissioners held a public hearing on the 6th day of May, 1998, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the appeal to a Cease and Desist Order issued to Terry and Dorothy Bird, 9477 State Highway 392, Windsor, Colorado 80550, by the Weld County Health Officer concerning the reoccurring collection of materials including, but not limited to, old snowmobiles. deteriorated lumber, severely damaged garage doors, scrap automobile parts, old rusted bed springs, brush, accumulated leaves and grass clippings, dead sod, old tires, pieces of concrete, lawn mowers, old carpeting, rusted hot water heaters, damaged air conditioners, and run down buildings, all which constitute a nuisance condition, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Health Department and Windsor Zoning Violations Officer, and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that there is sufficient evidence to uphold said Cease and Desist Order as entered and to authorize legal staff to file and enforce the Cease and Desist Order with an instruction to defer action to May 18, 1998. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the appeal of Terry and Dorothy Bird be, and hereby is, denied: and the Cease and Desist Order entered by the Weld County Health Officer pursuant to Sectioi 25-1-613 and Section 25-1-617 C.R.S., as amended, and Weld County Ordinance #56 against Terry and Dorothy Bird be, and hereby is, upheld as entered. BE IT FURTHER RESOLVED by the Board that the County Attorney be, and hereby it, authorized to proceed with legal action on May 18, 1998. 980788 > . i ,r °L1147 � de Wit; CEASE AND DESIST ORDER - TERRY AND DOROTHY BIRD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 6th day of May, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO I. ATTEST: � !� .,.,. EXCUSED ; 4. „C, Constance L. Harbert, Chair Weld County Cl=`' - _ r`-if 1 )1 / i / j / ,U/\--t17 i:- fri L) ( 4 r W. H. WebstL'r, F' o-Tem Deputy Clerk to a==-=�•►+ / ` �` 7--` -- eorg6 E. Baxter APP AST _ )2 - � 41 Dale K. Hall / i unt ttor ey /-- 6t.--4,b-k- GZ- �- / ' 4,E/ -L_ �'_ /Barbara J. Kirkmeyer I \ Y 98C788 FL1147 (‘10 TO: Clerk to the Board FROM Lee D. Morrison, Assistant Weld County Attorney DATE: Board of County Commissioners RE: Terry Bird Appeal COLORADO Mr Bird has timely filed an appeal of a Health Officer Order finding nuisance conditions on a property in Windsor and ordering the abatement of the nuisance. This appeal triggers a hearing pursuant to the General Procedures for Adjudicatory Hearings ("Procedures ') which hearing date should be set by the Board at its meeting of April 20, 1998. The authority for the appeal is found at Article III § 3-8 of the Home Rule Charter and Ordinance 56. The Procedures provide for new presentation of evidence by the Health Department and Mr. Bird not simply a review of the record of the evidence. Mr. Bird needs to be mailed certified notice of the hearing at least 10 days prior Jr served with a notice at least 7 days prior. Mrs. Bird is also an owner and should be given notice although the Health Officer Order is not directed against her. Lee D. Morrison Assistant Weld County Attorney xc:Stoll, Pickle, Hague, Frazer, Barker attach: Ordinance 56, Procedures (Stoll, only) AFR 2 6 ` `- II nQnnrL,l _ NOTICE Pursuant to the laws of the State of Colorado, Article III § 3-8 of the Weld County Home Rule Charter and Weld County Ordinance #56, and the General Procedures for Adjudicatcry Hearings, Weld County Administrative Manual, a public hearing will be held in the Chambers of tie Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manrer interested in the matter are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of tie proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to tie Board's Office shall be advised in writing of such action at least five days prior to the hearing- Tie cost of engaging a court reporter shall be borne by the requesting party. Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4225. or fax (970) 352-0242, prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a disability. BE IT ALSO KNOWN that written materials may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPELLANT DOCKET NO. 98-24 Terry and Dorothy Bird 9477 State Highway 392 Windsor, Colorado 80550 DATE: May 6, 1998 TIME: 10:00 a.m. RE: Appeal of a Cease and Desist Order entered by the Weld County Health Officer pursuant to § § 25-1-613 and 25-1-617 C.R.S., as amended, and Weld County Ordinance #56 regarding the property located in the Town of Windsor, Weld County, Colorado described as: 207 Oak St, legal description, Lot 4, Block 12, Kerns subdivision. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: April 20, 1998 Weld County Planning Dept. APR 2 7 1998 RECEWED PERMITS Id: ACTP124 Keyword: AACT User: SFRAZER 04/"6/98 Activity Full Description Maintenance Violation Permit No: VI-9800066 Applicant: FIRST BAPTIST CHURCH OF WINDSOR Status: COMPLNT Location: 9477 HIGHWAY 392 Full Work Description Description: Page No: 1 NONCOMMERCIAL JUNKYARD EXPANDED ON THE PROPERTY. EXISTING SCREENING IS IN DISREPAIR, HABITUAL VIOLATION. F2=Next Page, F3=IST Page, F4=Prev Page, F7=Update, ESC=Exit Desc Maint PERMITS Id: ACTP125 Keyword: AACT User: SFRAZER 04/16/98 Activity Table Processing Violation Permit No: VI-9800066 Applicant: FIRST BAPTIST CHURCH OF WINDSOR Status: COMPLNT Location: 9477 HIGHWAY 392 Type: VIO Vers: 9601 Screen: 01 Base Information Parcel No: 0807 15 000019 Owner: FIRST BAPTIST CHURCH OF WINDSOR Status: COMPLNT Written By: SEF Sec/Tun/Rng: 15 06 67 Description: NONCOMMERCIAL JUNKYARD EXPANDED ON THE PROPERTY. Location: 9477 HIGHWAY 392 Zoning Dist: A Permit Num: App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi") Class Code: VI-2 noncommercial junkyard complaint: 4/16/1998 Init: SEF NO VI: / / Init: I Day Letter: 4/16/1998 Init: SEF Issued: / / Init: Inspection: / / Init: BCC Vio: / / Init: Court: / / Init: Closed BCV: / / 'nit: Closed VI: / / Init: F7=Update, F2=Previous Line, F1=Screen Index, ESC=Cancel Update PERMITS Id: ASSR100M Keyword: SPARC User: SFRAZER 04/16/98 Parcel General Information Maintenance General Parcel Data Maint - Action: Update Record Parcel No: 0807 15 000019 Rg Ts Sec : 670615 Status: A Active Retired(Y/N): N Street Address:: Dir: St: City: Situs Location:: Legal Desc: 233726 PT S2SW4 15 6 67 LYING S & E OF GREAT WES Acres: 2.39 X-COORD: Y-COORD: Tax Rate Area: 0430 Assr Use Code: 1408586 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: FIRST BAPTIST CHURCH OF WINDSOR Phone: Mailing Addr: C/O TERRY D BIRO WINDSOR CO Zip: 80550 Contract Owner: Percent/Ownership: .00 F7tWrite Record, F2tAllow Fractions, ESCtCancel 41. 11:1 DEPARTMENT OF PLANNING SERVICES VI COMPLAINT REPORT iglik COLORADO >srZONING COMPLAINT Complaint Initiated by a BUILDING CODE COMPLAINT ❑ Staff ❑ Citizen 0 Other Legal Description: _ - Parcel# __. _ _ Violation Address: _ _ Property Owners Name: _ Q VC `4 � hone #!— Property Owners Address: t Tenant's Name: — —_ _ Phone#--- — - Tenant's Address: _� ---- — NATURE OF COMPLAINT: 0,CYLLIbleAn�4Tt. CI, ILIRA d . , dQLc+ Lk-1- ____ )_0 L.. y : s - C � \ - -- - t ; Zoning Complaint Referred To: t J —_.. Date: 9 Building Code Complaint Referred To: _ Date: _—___.____.___ **.**.* .*.*ac*J.****.:K**.*z. .*....**.*yc*.****x******.*******.***K****.**** .**.A.",.., +K.. ACTION OF INVESTIGATOR Date of Inspection: 1 Inspection of the property indicates: o No vioiation of the Weld County Thing Ordinance/ ❑ Building Code Ordinance ❑ Violation of the follow ng sections of the Zoning Ordinance • ••• f_ ?1 • � t • - o Violation of the follow.ng sections of the Building Code Ordinance ___________ ACTION ON COMPLAINT ❑ No Action Taken/No Violation kfrktrbraTion File S+tartec Date: Date:' 114� Cr+ -- — ( VI r1:I FIRST BAPTIST CHURCH OF WINDSO a 33860 S2 SW4 PT Pr 06 = rIT STORAGE S FIRST BAPTIST CHURCH OF WIND S BCV-00571 SE4 SW4 PT CASE CLOS _.. FIRST BAPTIST CHURCH WINDSOR S VI 01050 S2 SW4 PT maa f CASE CLOS FIRST BAPTIST CHURCH OF WINDSO S VI-01840 SE4 SW4 .67 J 06 15 CASE CLOS 'FIRST BAPTIST CHURCH/WINDSOR I S VI-01904 l PT S2 SW4 67 06 15 NC JUNKYA FED I 05/01/1989 r. .,,.. -0 G D 5-2-89 I-F 10/26/1987 D 4-2-90 07/09/1987 _` p _I 12/20/1991, D �1 _ 1 �L 05/07/1992 ap Inspection information Sheet VIOLATION: VI-9800066 STATUS: ISSLEI) DESCRIPTION: NONCOMMERCIAL JUNKYARD EXPANDED ON THE PROPERTY. EXISTING SCREENING IS IN DISREPAIR, HABITUAL VIOLATION. BASE INFORMATION: PARCEL NUMBER: 0807-15-0-00-019 LEGAL DESCRIPTION: 23372B PT S2SW4 15 6 67 LYING S F=-�;/�,t 4') / TERN RR (1 .11R .5RR 7 � OWNER: FIRST BAPTIST CHURCH OF WINDSOR OCCUPANCY: LOCATION: 9477 HIGHWAY 392 APP TYPE: V[ CLASS CODE: VI-2 ZONING DIST: AC INSPECTIONS: Item: 00404 TELEPHONE CALL [tern: 00405 LETTER 11/29/1999 By: VEB Action: VI Comments: UPDATE LETTER SENT Item: 00400 SITE INSPECTION 07/13/1998 By: SEF Action: CO Comments: ADDTL COMMS - I INSPECTED MR. BIRDS PROPERTY ON 7-13-98. SIGNIFICANT PROGRESS HAS BEEN MADE. THE PROPERTY IS STILL IN VIOLATION OF THE WELD COUNTY ZONING ORDINANCE. DERELICT VEHICLES AND MISCELLANEOUS DEBRIS ARE STILL LOCATED OUTSIDE OF THE EXISTING SCREENING. 11/10/1999 By: VEB Action: CO Comments: ADDTL, COMMS - 11/10/99 DID SITE INSPECTION W/GARY FROM HEALTH DEPT. THE FENCE IS STILL NOT COMPLETE, THERE SEEMS TO BE SEVERAL DERELICT VEHICLES IN FRONT OF THE WOODEN FENCE ON SOUTH SIDE ALSO, ALOT OF MISCELLANEOUS DEBRIS, JUNK. NO SCREENING ON NORTH/WEST SIDE BY RAIL ROAD TRACKS. NOW A TRACTOR OUT OF YARD, NEXT TO TRACKS. 07/13/1998 By: SEF Action: VI Comments: PROGRESS INSPECTION 11/10/1999 By: VEB Action: VI Comments: VIOLATION UPDATE 05/23/2000 By: BJS Action: INSP Comments: Property is still a huge Noncommercial Junkyard. The fence is falling down in areas. There are still obvious derelict vehicles part in front of the Fencing. There is wood, metal, and various other miscellaneous debris all around the property (please refer to the pictures that are dated 05/23/00). Item: 00406 OFFICE VISIT 4a a. a ' 5 m +an r 4 m, b Y�ye�� 4Ah ri t�� t4 /wd �¢ � i Ni nom" {r' 7 a`,�Ak p Name: MVC-0125.JPG Dimensions: 640 x 480 pixels * a411"-‘ ,* ,"t ap, tip F,..q >f /!• i n • ,� �,; .+� n.., �„ r� >� tax s. 6.y n* i �„r u 7 rk 'I L I W " ... teit3 ICI-3 2O Name: MVC-013S. JpP Dimensions: 640 x 480pixels $ r. nam m.x ]�q,� '"�yk�1', F _•••• IMF... mi twXsn. §4 .4; 17 aft / Name: MVC-014S.JPG Dimensions: 640 x 480 pixels c pi ZOIG% PO 2.'�'sk —16 '� • �`� a� '`s �n �'�rbn > y, a g3 t xi n ' i e• '4*- � a � r — 4 F4' s"M Name: MVC-011S.JPG Dimensions : 640 x 480 pixels ,. ... , ,, ,, o. '.*•4.4•474%::,,:k144<.4„:, .,,.. _,,,.,,,7,434'..3,--,'1,-it S -1":44:;%4-': " 4 :� &�`-v.. \ " Sh litr, ,.A . to 3 �4 T ° - ;,,_-;74;44,.4,4„"-,,,,,`,.. ttt .y 4y ''' { na a ic ,.� .1 ti' r7.4;; k' r' xk ;...j°�"�fJt 4',4"14' 5 ,'gik4{1A 44 { 1r . 1 4t, Y " ';q," at t 324-04.'4j144(+4 r7 L1C.47# lt1114 d A•y, { },r(�4 �gy R1 * e� S �° ''t �v ` w Af 1 A 9A e#:ri rn '3Pen �'r r, >,M W H ✓�5 ra 1 :4;7-..9,",• Name: MVC-0155.JPG Dimene;ions: 64C x 480 pixels PO R^#'. $ YF'N Vw 251,1 g, S 44 AsAge { M � 0Y R•r• p ' V „ ]]. 4 1 r A 4 p w „r t., t ^xr, Y w „ P y J ap fi .f ✓ M • ri "'1[A Wt a � r 47'14 Name: MVC—016S. JPG Dimen=_ions: 640 x 480 pixels hd4t pt Name: MVC-017S.JPG Dimensions: 64C x 480 pixels colnict ws 1 tTBUYSELL & TRADE 1 ! .WEBU!SELL & T ..I!) Martin Supply, INC ti ` Martin Supply, INC 'I 8405 U.S. Hwy. 34•WINDSOR,CO 80550 I V./ Phone(970)686-2460 8405 U.S. Hwy.34•WI 56-246, C O 80550 y. Phone 970)686-2460 DC)Date {r DaN._-__1-9.,____ Name! f (/ (J/J Name Address ______ x _—f (it Address ` t --_ _ __ _ _--_ NEW USED CASH CHARGE CC MDSE. PAID SOLD BY ACCT. REW. - USED CASH CHARGE ON MDSE OUT BV ACCT. RETD TIeN PRICE •R1OUNT "' DESC'I• • 2— OUAN DF_SC�R,I�}•��]�rT'IPON .A - - _ _.- — `s— -- 3 iC_ - — _ TAX �aF' II TAX 1 TOTAL TOTAL sold• Allll parts areguaranteedre na • INSPECT replacement basis only and must ca roturned we'll Via''role Io any race: W or bases S PECT MERCHANDISE. ale irrg and cola as Is All parts ere uaren eetl on a ment casts only aM must be rolurned wiMin 30 aevx 11M1 recaPpL We make no promise guarantee or warrantee. We are not r _ guarantee or warrantee. We are not reaponsibe^any damagx a losses caused 6 Installation or use of same _ -- • uarantee or of se /^ � Recd b — J c'd b Y � o1/43 L_- - f 3 ; � 56 , ` 36 9 ` e.r-_ v _�a4..uM1w... WE BUY, SELL & TRADE 44 Martin Supply, INC 8405 U.S. Hwy.34•WINDSOR,CO 80550 P o e(970)686- 460 i Data -- Name Address --_. — . PAID OUT SOLD BY NEW USED CASH CHARGE ACCT. RETD. DESCRIVI ION PRICE •MOUNT ,i -T- __I— + --- — —+ ___i: _____________ iiii___________ -- AX — TOTAL i .: yu. We mare^o replacement acemeMERCHANDISE t basis only ard must be returned sold 3B0 All parts rrepPptaremeea on e • promise guarantee or warrantee. We are not responsible for any damage o losses caused by Installation or use of same. Rec'd by _ - 36b95 ti i EXHIBIT fF YI I i TXrELL & TRADE .>Dff WE • , 1BUY, SELL. & TRADE' ' • 1 /A�' Martin Supply, INC G s,dr ;.> Martin Supply, ZINC 34•WINDSOR,CO 80550 t r 8405 U.S. Hwy. �,! '�7 '' 8405 U.S. Hwy. 34•WINDSOR, GO B0S50 Phone (970)666-2460 I Phone 970)686-2460 19 1_23„L___ A Date {5" Da Name' �_ � Name��— cAddrea ss j Address k NEW USED CASH CHARGE ONT. RESD MDSE. PAID O SOLD By -_ ACC . —"'_ USED CASH CHARGE ON MDSE s OUT L BV PRICE ACCT. RBTD TION I OU•N •ESCRI•TION PRICE •M•UNT Zvi' 'sc — S q 1 __Sit `l 0 -----— - 1 1S Liz_ I — 7 _ �. -- --_ < • ••_ — r i -- — � l —II— — TAX 1 J — — TAX > ; .1 TOTAL INSPETOTAL Is used end sold a , All parts ere Guar etrI car no t replacement MERCHANDISE �y'dir a any champs or losses r. PECT MERCHANDSE. It 16 used end sold es Is All parts ere Cuerarceed On e prpomise gUarrgntee Cif and warrantee We are returned rHF — -_— — ..! .' '-ment IMals Only aM must be rolumed wltllin',i0 deYa wMll Iedrpt. Wa make n0 installation or use of say's' guarantee or warrantee We ere rxot responsible for any damage x IOses caused by -- '• b bstanaase W sa r` �� _ Rer.'d by —______4*----------- "c'd b '� L 3 ; 93� I 3 (3 9 '-.) WE BUY, SELL & TRADE ` , J Martin Supply, INC 1 0550 "y 8405 U.S.Hwy.34•WINDSOR,CO 8 Poe (970)686- 460 ,:I / _- _ Date_ Name "1-1 —" - Address --- —_ PAID OUT SOLD BY -NEW USED CASH CHARGE ON SE -ACCT. RETD. •ESC'1•TI•N AM•UNT I i // L — __F' TAX — — — -- TOTAL guaranteed . ant edko na repllaarnenl bas s only and must used be returned within 30 days All-parts we receipt on a promise guarantee.or warrantee. We are not responsible iM any damage a losses _caused by Installation or use of same_—. Recd by 30 {: 9 `) 1 WI I IIIN(.•AI;f.I fEorIi E.•CHI TIN('.slwl'I It WII Hill(.•/,ll I le 'I111 •1:11111N[.ti IIVPI ILA I ' $ t WE BUY, SELL & TRADE '• ' • WE BUY, SELL ,& TRADE Martin Supply, INC Martin Supply, INC I PP Y. 8405 U.S. Hwy. 34 •WINDSOR, CO 80550 8405 U.S. Hwy. 34•WINDSOR, CC'80550 Phone(970)686-2460 i Phone(970)685-2460 -- -,-- Name Date 20 - (�_ — Dateai 20 �1 �L 1 V,T).� _. Name 7 - ---- �i Address — Address NEW SE CASH CHARGE ON MOSE. PA T 55D bV NEW USED CASH CHARGE ON MDSL. PAID OUT SO.D BY ACCT. RETD. y ACCT RETD. .N. PRICE •U•N. IESCRIPTION - — — — TAX _ TAX TOTAL TOTAL IN M RC 1 . It used and sold as is. All parts are guaranteed on a INSPECT MERCHANDISE. It Is used and sold as is. All parts are 9wranteel on a replacement bears only and must returned within 30 days with receipt. We make no replacement basis only and must be returned within 30 days with receipt. We rrwke no promise guarantee or warrantee. e t reapppalble for any damage or loaeee promise guarantee or warrants.. We are not res ibi for any damage or oases caused by installation o r DI same. r ` caused lc Installation or • ea .a 1— _ Recd b - Rec'd b ,e , �r � ____ _ — � � , /1 12. 93 L! 1 33 it. .— 'p�n.5!IERbkfR1 iS . it.. r WE BUY, SELL & TRADE ,,�",./WE BUY, SELL & TRADE f Martin Supply, INC Martin Supply, INC 8405 U.S. Hwy. 34•WINDSOR,CC)80550 8405 U.S. Hwy.34•WINDSOR, CO 80550 Phone(970)686-2460 ,i Phone(970)686-2460 _ _ r, — y Date- ' / -,— L `-'U- 7 ._�� at _. 2Q l� Name r t� ,r:A Name / q �, Address �- .'tC�icr Address 1 �� -1� a NEW USED J CASH CHARGE ON MDSE. PAID OUT S[LD EIY .I NEW USED CASH CHARGE ON MDSE. PAID• . SOLD BY ACCT. RETD. n, ACCT. RETD. Oll•N. DG SC RIPTION PHI CL 9ESC'I•TI•N PRICE • �� (L. M (/FF,n C.7 3e ISzJ 3 /U Il; buss 3`_ _ _ ) — I-- - r --- -- — — - TAX _ TAX • TOTAL _ I TOTAL INSPECT MERCHANDISE. It Is used and sold as is. All parts are it' uarenteei on ,— replacement basis only and must be returned within 30 days with receipt We make no INSPECT MERCHANDISE. It Is used end sold es S An parts are Guaranteed on a promise guarantee of warrantee. W anal reap; IDIe for any damage or losses replacement basis Dolly and must be returned within 30 days with receipt. We make no caused by Installation gym of sa promise guarantee Or warrantee. We are not responsible for any damage or losses _a- - -- -- waged by Inslellation;r use or same. Rec'd b y na Reed by J , • 6083 3 399 5 (Dint.•Al I 1 uon1ls.CII1 lira. oil II • WE BUY, SELL & TRADE ` , ' r` WE BUY, SELL & TRADE I Martin Supply, INC Martin Supply, INC 8405 U.S. Hwy. 34•WINDSOR, CC)80550 8405 U.S. Hwy. 34•WINDSOR., CO 80550 Phone (970)686-2460 Phone(970)686-2461) Date} 1_ 20 (: Dater f f l c�J !0 1 . Narne . .1 r-,9,t) Name ) 1, , Address __- AddressLa NEW USE CASH CHARGE ON MDSE PA +OUT SOLD BY NEW USED CASH CHARGE ON MDSE PAD OUT S iLD I3Y ACCT. RETD. C ACCT. RETD. DESC RI•TION PRICE • •tl•N. DESCRIPTION •HC MOUNT r 3,c � r7� IV __ 4 / TAX --- _ - TAX ��-J1 n 1 TOTAL y TOTAL IN replacement D MERCK N S It used and sold as Is. All parts are receipt Wma en a INSPECT MERCHANDISE. Its used and sold as Is. aAlly parts are guaranteed.on e replacement basis only and must returned when 30 days with receip. We make!xi. promise guarantee W - 'l a Ws are not res crag'fax any tlemege or N>aaas caused by Installation Or We Of same( _ caused b Installation or .f sa Recd by---7:_r,,n t I,/�)�f ,t / Rec'd b i I •-G - --- - - — 12. 9;3 i! 1 3 3 4 �.-T"'gt6'.P y�'M I, • Y om'"-'TR r.�.. •Mr�r , "w • ` Y' , � ',, .�.. . II .r ,unv ull WE BUY, SELL & TRADE I. : WE BUY, SELL & TRADE .ull CIII lit. 1 Martin Supply, INC Martin Supply, INC 8405 U.S. Hwy. 34*WINDSOR, CO 80550 8405 U.S. Hwy. 34•WINDSOR, CO 80550 Phone(970)686-2460 Phone(970)686-2460 Date /_ re_ 's cc 6 ate_ _ 20 _ - Name Name ! , rf So j?1,rc( ] Address Address 'ci 2 Sc `r NEW USED CASH CHARGE ON MDSE PAID OUT S)LD 3Y NEW USED CASH CHARGE ONI •MDSE r PAID R --\• SOLD BY 1 AC I- RETD \ M ACCT. ETD.., f d U6-SCRIPTION PRICE OU•N. lESC•I•TI•N •MO � AL M , (ief,0. . LtZ i3,< -- --- - - _ _ TAX TAX TOTAL TOTAL INSPECT MERCHANDISE. It is used and sold as Is. All parts are uaranteed or a INSPECT MERCHANDISE. It Is used end sold as Is. All pens are guaranteed one replaCm.M baste only and must b retwned widtin 30 days with recepp We make no replacement basis only and must be returned within 30 days with receipt. We make no promW ginsanW of wertaoho W e not moo rb fix any tlemage o� bases promise guarantee Pr warrantee. We are not responsible for any damage or losses caused b installation oho -- --— I caused by installation or use of same. - RQC'd b Rec'd by — --- II0v� 311r� .� ) (VI"f I V t H: PLEASE SIGN BELOW) (DRIVER: PLEASE SIGN BELOW) v/ Idv I %.: a vr, v vV (REFERFNeF NCI 1 REFERENCE NO si r; iPt i,pr+nrl n 1 ,PLEASE SIGN r,ERC, Li C:A I ION' (PLEASE SIGN HERE) LOCATION: $ _ _. . . .. ict 1 iii If NM I '-1.7-1.4.1=M!! :.) ': .r- Wt _. - ; _ _ • '11183 NORTH WELD LANDFILL . . . - - !d l J.RT-;-i WELD L..-'-JA F-IL.L_ • - I c9nfl ' . x4.400 W4LI COUNTY,. D. „a5.� '^. '` y- 5P A 4i`) (')(1 WELD COUNTY RD -• • yam-• 7 �� "ei ... •i/ +. -d :;Yom;r- ,- 974 8 ^, 1 y. • • F., AULT, C:8 80.'110-974R ' : ,. �c 9701686—P800 FAX , 97�t,'6?6-1031 a '.'71- - ,-:8: -?E .`? FAX : 970 i6R6—I�-�3�. '. COMMENTS 4 i COMMENTS 'Ti.� y 1 (CUSTOMER NO. TRUCK NO. 1i (PROFtLE NO ` . -- r CUSTOMER NO. TRUCK NO. +P (ii"1i:']G7 C:1 T C:L+ J ' CUSTOMER MANIFEST NO - • CUSTOMER , MANIFEsrNO. "tau = 'i- I 4; iii* _ .. :, _. . • egg .. .. PENT PTO. PERMIT MO- 1 i ' . I:WDOooE LOAD OE$CRIPTION LOAD QUANTITY AMOUNT LOADCOOE �oAnoEsc +. _ . Rlti=rroN LOAD I ouAKT[TY AMOUNT 1 _ _ - _ _ .a J'' r' . . .. I-i�.C., _'-:,`:ii.r -1� - i +COPl - -. -- .--- . .._ ... _. .__ . .. ... _ ._ AL-, �_ i COPY (LINry N: PLEASE SIGN BELOW) ‘-.- (DRIVER: PLEASE SIGN BELOW) 4.""Wel 14ft..:%, • ' Q1 QC7C; r. Os- f,..) 1 .J .. IV iv�3$ .1 f arrroc.,rr.Ir I REFERENCE NC. G' n I =+.•-v: - + ",i; r'.L ,,,,,,,,p44-"deln3r7t.• . . {r'LcASE SIGN HERE; LOCATION' (PLEASE SIGN HERE) LCCAT'c:r. > ._I_r- i -. CT C'.•::.- .4, 13131li A it •'1111'1 :ix:t': 11111.. • . -: ZlJ5,7 :i NA.r. +.7t t.? 1 r r U'1 2 N L ]l ill �+ _ ORTH WELD' ANDFI LL fl _.. 9�; Nilin n WELD 1...-0�,.,P IL.L_ c 4F QQ(3 WELD ,COUNTY liD ai. .i)r7t7(; WELD COUNTY hL?. 85 a..:,- R "` AUL� CD 80b10-97z48 a. {a�tt_T �:n c' .. f..)--9748 Y A, 970/68.:-2800 FAX: 970/626-1031 /elm ' J COMMENTS Li 4 `COMMENTS y •I • I 9 CUSTOMER NO. TRUCK NO. T s PROFILE NO. • • CUSTOMER NO. TRUCK NO. 'PROFILE'S).1• . ,. - - iri-Q Qc t Tai CUSTOMER MANIFEST NO L. CUSTOMER MANFESTNO MiiUiJ •,:-i;-1-1Ti-i?i1ii::::. I IIA AMC; i 90 • .. • _ • PERMIT No. PERMIT NO, -• J - r WAD CODE I LOAD DESCRIPTION LOAD QUANTITY AMOUNT ' LOAD COLE. LOAD MitapnoN LOAD0UMRITY • AMOUNT • ` - - _ _ - P ' - ..IV: °fliJ C7 :_i,1 1d ._ .. j i'1 1..» 'LI. .��• ..3(. v CA; -' I I ' I AMMO :11 it i I I Cnpv "�. Ali,6. • —_ a to 4} " ran• p ti i�; . "t . . Mike Thompson cr.ces > d h I ilk LIT out [i 1�I1 • • - It. of debris and abandons; r ru so of tl - , t 1 .•ISP *4\I -7::',III.0I ,,,, ,, .itilikstow.0 .1' '''4;' -- _ .-I,--1--'11'--1:1I rM 4 t\xt Jason Starck uses the department's new brush truck to spray foam/water mixture on the fire. a r _ I r•f� ' ' ! 1 1 ti Windsor asst_tant chief v ' } '� o+debris in ar attempt to . reaching the i ome f riii3Ot X = �' ra 4 to x y 1 r. W -.J tu'«woaakm�ue Hello