HomeMy WebLinkAbout20001511.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST RICHARD HUNTER 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, Richard Hunter, VI #9900343, is 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 20th day of June, 2000, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Richard Hunter, 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 July 20, 2000, to allow adequate time for the property owne-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 Richard Hunter to remedy the violation of the Weid
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 July 20, 2000, to
allow adequate time for the property owner to bring the subject property into compliance.
2000-1511
CL .' /'4 ,44' 1lec. O/9 PL0824
VIOLATIONS - VI #9900343 - RICHARD HUNTER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of June, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO/41ATTEST:
EXCUSED
f,�/, � EXCUSED
a
<�y ` Barbara J. Kirkmeyer, Chair
Weld County Clerk to the, v
(O EXCUSED DATE OF SIGNING (AYE)
, �u►►� M. J. Geile, Pro-Tern
BY /i� �.;-,'
Deputy Clerk to the �. I �! -,„- `
_ e . Baxter
, PIFIIt/ED AS TO FO __
J�� tDATEOFSLG
eel-AYE)
Glenn Vaad
2000-1511
PL0824
DATE: June 15, 2000
VIOLATION NUMBER: VI-9900343
NAME: HUNTER, RICHARD DAVID
ADDRESS : 3553 WCR 6, ERIE, CO 80516
ZONE DISTRICT: AGRICULTURAL
LEGAL DESCRIPTION: Part of the S25E4 of Section 22, T1N, R68W of the 6th P.N. ,
Weld County, Colorado
PARCEL NUMBER: 1467-22-4-00-003
CAEE SUMMARY
November 24, 1999 Initial complaint received.
November 24, 1999 Initial inspection.
November 29, 1999 Five day compliance encouragement letter issued.
December 9, 1999 Initial five day letter returned (addressing error) . Five
day compliance encouragement letter re-issued.
December 15, 1999 Mr. Hunter left a message to be called back.
December 16, 1999 Mr. Hunter and Vicki Brown, Previous Zoning Compiiaic..e
Officer, spoke on the telephone.
December 16, 1999 Violation Letter issued.
May 10, 2000 Property inspected. Property still in violation.
May 25, 2000 Received letter from Mr. Hunter.
June 6, 2000 Letter sent to property owner indicating that the vio_at on
case was scheduled before the Board of County Commissjone.-s.
There is a violation of Section(s) 31.3 . 9 "Noncommercial Junkyard" of the W-:� ld
County Zoning Ordinance. To bring the property into compliance the pswpe --y
owner must removed or screen the Noncommercial Junkyard from adjacent prop:rt es
and public rights-of-way. The screening should be adequate so that the pub _c
can not see the Noncommercial. Junkyard at all .
200!3.1511
The Department of Planning also recommends that the County Attorney authorise
legal action against any other persons occupying the properties, any persons
claiming an interest in the properties, and any persons acting in active cence,'-
with the identified parties .
tira 6111HRH
' DEPARTMENT OF PLANNING SERVICES
C Code Compliance Division
1555 N. 1 7th Avenue, Greeley, CO 8069 I
Phone (9701 353-6100
COLORADO. Fax r)70' too-ts49a
June 6, 2000
Mr. Richard Hunter
3553 WCR 6
Erie, CO 80516
Subject: VI-9900343, Part of the S2SE4 of Section 22, Ti N, R68W of the 6th P.M., Weld County, Color do
Dear Mr. Hunter:
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 June 20, 2000, at 10:00 a.m., to consider the violatiri
occurring on the property. As we discussed on May 9, 2000, the violation(s) is of Section 31.3.9 of the Weld
County Zoning Ordinance. The section that I just referred to describes a "Noncommercial Junkyard", whic h
consists of an apparent derelict truck sticking out of the garage, wood, pallets, metal pieces, tires, and other
miscellaneous debris(which I have pointed out in the attached pictures that were taken from the road right of-
way on May 9, 2000). This use can remain so long as it is screened from adjacent properties and all puhlic
right-of-ways.
This meeting will take place in the.County Commissioners' Hearing Room, First Floor, Weld County Cer teni Hal
Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to
answc_r any questions the Board of County Commissioners might have about the violations.
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 ..JI
me.
Sincerely,
t
Bethii ny Salzman
Zoning Compliance Officer
pc: VI-9900343
Julie Chester, Lead Planner
Bruce Barker, County Attorney
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MAY 25 2000
Ms.
RECEIVED
Dear Ms. ,ltt /ic. IAes < r,- jeJManr Cale
There are a few items that need to be pointed out. Your office sent me a letter on December 16,
1999 which stated that my property was being considered as a zoning violation. It did not state
that it was in violation. When the word "considered" is used it generally means that you are
thinking about doing something. I called Vicki Bruin as requested a few days later to discuss the
matter with her. She was very professional and courteous and we had a friendly conversation. I
told her that I felt my property was within the guidelines, marginal I knew, but that was all I was
interested in being. I also told her that I had planned on doing a number of things over Christmas
as I was going to have some time off and I had planned on doing some work anyway. I also told
her that the major source of her complaint of trailers and vehicles was not justified as they were
licensed. She stated that she would give me 30 days and I told her that was fine, whatever she
wanted to do, and told her to check back with me in a few weeks and let me know what she
thought, if there was anything I still needed to do. I never heard anything back, so I assumed that
there was no problem. Then on May 9, 2000 about mid-morning I was woken up by my dogs
barking like they do when something is wrong. When I yelled at them to be quiet I heard you
saying "Excuse me, Excuse me". When I went outside you handed me a card and identified
yourself, but did not say anything about the woman with you. How long you had been on my
property without permission I do not know, or what you had been doing. You made a comment
something to the effect, you have all these cars but I guess that they are okay because they are
licensed and singled out one truck which was parked by the side of the garage and told me that it
was in violation because it did not have plates on it. I told you that was no problem as I had
plates but had not put them on yet. You also singled out I roll of snow fence at the top of my
driveway and asked when I was going to put it up. At first I thought you must be joking and
when I realized that you were not, I told you that was ridiculous and that if you had a legitimate
complaint I was more than willing to cooperate. You told me that Weld County considered the
fence as debris, and seemed obsessed with it, asking 3 times when was I going to take care of it
When I told you that I refused to even discuss the fence then you stated that you were going to
schedule a hearing before the County Commissioners. I asked you during the course of the
conversation if these two items were the only things wrong and you seemed to indicate that they
were. You mentioned that there were some pieces of metal along the driveway and a pile of logs
that were cut in firewood lengths but told me that the fence and truck were the violations Since I
put the plates on the truck the next day am Ito assume that I am being referred to the County
Commissioners for a role of snow fence. If you had sent me a letter such.as Vicki had done this
matter could have been handled much different. I view unannounced entry on my property as
trespassing and will handle it as such. If you feel the need to discuss with me in person then have
the courtesy of calling me or sending a letter to let me know. As to items on my property [hat
may be in violation they are licensed vehicles or trailers that are parked in back to try and 'void
this type of problem, (except for when I am using them) or are screened as required by the
County. I feel that these should be reasonable interpretation of the code. When one roll of fence
is singled out that is going to far. If you use that thinking, then we could probably go through my
neighborhood and find nearly every house in violation. When I can look out of any window in my
house and see a violation in every direction according to your interpretation then I view this as
le5ial harrassment. In closing, I would like to point out that there was a complaint before Vick
was in your office, I can't find that letter, you should have it on file and I talked with that officer
on the phone and had an appointment with her on my property to discuss it and was told by her
that I was probably coming close, but told that I was okay. She suggested a few things to do !o
avoid continuing problems, which I did. She also reported back to your office that my propert y
was in compliance. Let me know what I can do to be of help and how the scheduling betbre the
Commissioners is doing. As of today May 2 ,2000 I have not heard anything from you. Also,
please provide me with the name of the person that was with you on your visit as I have the legal
right for my future reference in this case to know who is on my property without permission
Thank you,
Richard Hunter
303-828-3676
I0
I
DEPARTMENT OF PLANNING SERVICES
WI D C
Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 35 6100 Ext. 1540
I ax: (97i). 3044,49E±
COLORADO
INSPECTION REPORT
NAME: Hunter, Richard D
LEGAL DESCRIPTION OF PROPERTY: Part of S2SE4 of Section 22, Ti N, R68W of the 6th P.M.,
Weld County, Colorado
DATE: May 10, 2000
CASE NUMBER: VI-9900343
Upon a visual inspection of the property, the following pictures were taken. I spoke to Mr. Hunter with
Vicki Hamilton, Planning Technician, present. He was very upset. I pointed out the following concerns to
The yellow truck does not have any plates on it.
A lot of miscellaneous debris
Pallets and snow fence in a pile
Truck sticking out of garage (derelict)
His response was"You guys are going to give me a hard time over wood?" I told him "No, it was a
combination of the wood, miscellaneous items, and derelict vehicle." He stated, "Well, I live in the country
and I do not have to put plates on any car, if I don't want too!" Then he said, "Now you do what you gotta
do!" I politely informed him that he would be receiving a letter with a date, time, and location for the
hearing. I also told him at that time, he could speak with the County Commissioners and let them know
how he felt. He stated that he would do that.
Bethany Salz n
Zoning Compliance Officer
pc: VI-9900343
Julie Chester
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DEPARTMENT OF PLANNING SERVICES
Code Compliance Divisior.
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Illi Fax: (970) 304-6498
k
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
December 16, 1999
Mr Richard D Hunter
3553 WCR 6
Erie, CO 80516
Subject: VI-9900343, 24911A PT 525E4. Section 22 T1 R68 Beg 2037.46; of SE9, of the 6th P.M., Weld
County, Colorado.
Dear Mr Hunter,
The uses on the above described property are being considered as a zoning violation of Sections 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, we
have CO discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from December
16 , 1999, to correct this zoning violation. Failure to do so will result in this office scheduling the violation berm,
the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Citric,
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 tele!uhone number.
Sin9€rely, _
Vickie Brown
Zoning Compliance Officer
pc: VI-9900343
SERVICE,TEAMWORK,INTEGRITY,QUAI.IIY
List of Comments
Permit # : VI-9900343
Printed Date : 12-16-1999
People
OWNER HUNTER RICHARD DAVID 11/24/1999
HUNTER MARIA POMPOSA
3553 RD 6
ERIE CO 80516
VBROWN 11/24/1999 11/24/99 DID SITE INSPECTION TODAY,
PLACE IS A TOTAL MESS.THERE IS DERELICT VEHICLES,
TRAILERS, JUNK EVERYWHERE. ALOT OF WOOD PILES,JUNK FARM
EQUIP. WILL SEND 5 DAY LETTER.
12/15/99 MR HUNTER CALLED TODAY IN REGARDS TO LETTER
RECEIVED. I PHONED BACK,NO ONE WAS HOME, I WILL TRY LATER.
12/16/99 RECEIVED PHONE CALL FROM MR HUNTER TODAY, HE
STATED THAT ALL OF THE VEHICLES ON HIS PROPERTY HAVE
CURRENT LISENCE PLATES AND ARE IN RUNNING ORDER, THERE ARE
TRAILERS THAT ALSO HAVE CURRENT TAGS. HE STATED THAT HE HAS
2 PILES OF WOOD, THAT HE USES TO BURN, ALSO TI IAT THE MISC
DEBRIS IS NOT A PROBLEM. HE HAS HAD VIOLATIONS BEFORE AND
ACCORDING TO HIM, HE'S ON THE BOTTOM OF THE LIST, WHICH IS
WHERE TIE PLANS ON STAYING. HE DID STATE THAT HE IS WORKING
2 JOBS,AND HASN'T HAD ALOT OF EXTRA TIME LATELY, BUT WILL
HAVE A COUPLE OF DAYS NOW DURING CHRISTMAS AND PLANS ON
CLEANING UP THE AREA A LITTLE. I WILL EXTENT)THIS FOR 30
DAYS, AND DO AN INSPECTION JAN 13 OR 14. 1 WILL SEND THE 30
DAY LETTER TODAY.
VBROWN 12/09/1999 12/06/99 RECEIVED LETTER BACK WITH
WRONG ADDRESS, RESENT 5 DAY LETTER W/CORRECTED ADDRESS.
report: vickie
recto, „„ ,
DEPARTMENT OF PLANNING SERVICES
Code Compliance(Division
1555 N. 17th Avenue, Greeley, ( O 80631
III I Phone: (970) 353-6100, Ext. 3540
C. Fax: 1970) 304-6498
COLORADO
December 9, 1999
Mr. Richard David Hunter
3553 WCR 6
Erie, CO 80516
Subject: VI-9900343, 24911A PT S2SE4. Section 22.T1.R68 Beg 2037.46' of SE 9, of the 6th P.M., Weld
County, Colorado.
Dear Mr Hunter,
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 non-commercial junkyard, consisting of derelict vehicles, miscellaneous debris, trailers, piles :4
miscellaneous wood, etc.
Please call me within five working days of the date of this letter to review these concerns with me.iSinc •rely,elF
•
ett.adE17/1/.
Vickie Brown
Zoning Compliance Officer
pc: VI-9900343
SERVICES,TEAMWORK,INTEGRITY,QUAITN
(tirtr DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
lungPhone: (970) 353-6100, Ext. 3540
C. Fax: 304-6498
COLORADO
November 29, 1999
Mr Richard David Hunter
3553 CR 6
Brighton, CO 80601
Subject: VI-9900343,24911A PT S2SE4, SECTION 22, T1,R68 BEG 2037.46' OF SE 9, OF THE 6TH P.M ,
WELD COUNTY, COLORADO
Dear Mr Hunter,
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 non-commercial junkyard, consisting of derelict vehicles, miscellaneous debris, trailers, piles of
miscellaneous wood, etc...
Please call me within five working days of the date of this letter to review these concerns with me.
Sincfely,
/
Vickie Brown
Zoning Compliance Officer
pc: VI-9900343
SERVICE,TEAMWORK,INTEGRITY.QUALITY
DEPARTMENT OF PLANNING SERVICES
i wineCOMPLAINT REPORT
COLORADO
o ZONING COMPLAINT Complaint Initiated by: 2 _
o BUILDING CODE COMPLAINT ❑ Staff ❑ Citizen ,a- Other
-e7)::3 / f fr; •
1 r /
LEGAL DESCRIPTION:02`///9 %� ` 7E- / .2) L / (: (� dOie
/77,91 VIOLATIONLL ADDRESS:)) -`—
Parcel;'t - S C /� X1.3 ATTACH COPY OF DEED
Property Owner's Name:A)((VI yG7 / //1.15 / / Phone#
Property Owners Address: ' 7 ✓) /A, 6. 7/ �-/$$ _--
Tenant's Name and Mailing Address:
NATURE OF COMPLAINT:
//71( ,/)/92 1t, 'r )(/
f {I/( 617)) ] .) ( `1 () ' ,'-(!/f.1/'7( / ?.('.�t/a/f
Date: �l/� ///71/Zoning Complaint Referred To: i ,Ala)/1) /
Building Code Complaint Referred To: Date:
Case Assigned To: Date:
LS/7
ACTION OF INVESTIGATOR: Date of Inspection: 7.72 Inspection of property indicates:
a No violation of the Weld County a Zoning / a Building Code Ordinance
Referred to: on
o No violation of the Weld County a Zoning / ❑ Building Code Ordinance
❑ Violations of the following Sections of the a Zoning,
a Building Code Ordinance
ACTION ON COMPLAINT: ❑ No Action Taken/No Violation 0 Violation File Started
Date Date
CASE REVIEWED BY SUPERVISOR Date
SUPERVISOR'S COMMENTS —"
NOTE: Attach all pertinent information and facts disclosed by investigation to this form.
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F 1549 MARY ANN FEUERSTBIN CLERK 6 RECORDS
12 I :nr�hip I North, 2.......1•••----
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( 'Ih_ 'urf d„ I / rl .i lot, ,1 .,f I ud in ;, it a r..., North,
bang,' ,.y W :'t of Ilr. I th p.11. , County of Weld, Shate of Colorado,
particularly r. :..r:brd IF. lo l,na..
roIw sti of al. the P.M. d r :Ot _e of Section 22, Township 1 North, Range
,.n west of eh. fth P.M. ; did .ut;u Westerly along t6•. South lode of said
, -cdion 22, a drotance of 20{1..1b lout to the point of beginning; thence
',On 05' 50' a distance of 410.89 feet; thence
We to angle le t„ t ire par tt of 22,
Westerly on a Ilue par dl l••I e+ith the said South line of said Section
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• a dlsl auto d.f of f
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a stF'l1Y i of 4said outsfee to e o Said South on 2 d
I Hasturly Along said 5nurld lint: of said Section 2��ante of 605.62 feet
more or lost- to the point of beginning.
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PERMITS Id: MISC120 Keyword: AACT User: VBROWN 11/24/99
Comments regarding an Activity Violation
Permit No: VI-9900343 Owner: HUNTER RICHARD DAVID
Status: COMPLNT Address: 3553 WCR 6 EEL
Line User Id Text
1 VBROWN ..1/24/99 DID SITE INSPECTION TODAY, PLACE IS A TOTAL MESS.
2 VBROWN THERE IS DERELICT VEHICLES, TRAILERS, JUNK EVERYWHERE. ALOT
3 VBROWN OF WOOD PILES, JUNK FARM EQUIP. WILL SEND S DAY LETTER.
Activity Maintenance Menu
9 1=Description, 10=Addresses
9 2=Table Screens 11..Parcels
9 3=Peopie ]2=Project
9 4-Printouts 13=Project Acts
9 5=Conditions 14=Routing
9 6=Comments
Enter Option: A=Add, C=Change, D=Defy '1 -Inspections
y B=Approvals
9 9 I./H/N
9 Enter Choice: 7
YYYYYYYYYI'YYY1'YYYYYYI'YYP1'YYY3'YYYYYYY
<F1>Help, <ESC>!Vew Option/Activity No, <FB>Keyword, cF10>Type Help
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