HomeMy WebLinkAbout20000821.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST RICARDO SERNA AND GUADALUPE PEDRAZA 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, Ricardo Serna and Guadalupe Pedraza, VI #9900371, 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 11th day of April, 2000, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Ricardo Serna and Guadalupe Pedraza were not present or represented at
said hearing, although all parties were notified of said hearing by Department of Planning
Services staff, and
WHEREAS, the Board deems it advisable to bring legal action against the individuals 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 Ricardo Serna and Guadalupe Pedraza 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.
2000-0821
PL0824
ed ' %'L 61" (94
VIOLATIONS -VI #9900371 - RICARDO SERNA AND GUADALUPE PEDRAZA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 11th day of April, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WD COUNTY, COLORADO
ATTEST: ' 4/ S 1' II
, 'Barbara J. irkmeyer, Chair
Weld County Clerk to the o r ,/ 9
� ,tP1r /
'1;1,, �r��� -� M. J. i e, Pro-Tern
BY: /o dfI /��
Deputy Clerk to the B ‘citlr` 1�� .7+ r-
G orge Baxter
APPROVED AS TQ/FORM:
�1
/� Dale K. Hall
�a y Attor ey Z ai /1/2„d(r
Glenn Vaa
2000-0821
PL0824
DATE: April 11, 2000
VIOLATION NUMBER: VI-9900371
I i rift,/tic
NAME: , er: Mr. Ricardo Sema TenantrMr. Guadalupe Pedraza
4604 Yellowstone Drive 3905 Yosemite Drive
Greeley, CO 80634 Greeley, CO 80634
ZONING: R-5 Zone District
LEGAL DESCRIPTION: Lot 9, Block 8, Hill-N-Park, 2nd Filing, Weld County, Colorado
PARCEL NUMBER: 0959-26-404015
CASE SUMMARY:
December 10, 1999 Initial complaint was received by Vickie Brown, previous Zoning
Compliance Officer.
December 16, 1999 Initial inspection of the property was done. A Noncommercial
Junkyard is located on the property consisting of several derelict
vehicles and miscellaneous debris. There was also some concern
that someone was residing in a camper in the backyard.
December 16, 1999 A Thirty day Zoning Violation Notice was sent to the property
owner indicating a violation of the Weld County Zoning Ordinance.
March 29, 2000 The property was inspected to determine compliance with the
Zoning Ordinance. There are still derelict vehicles, car parts,piles of
trash, tires, a dishwasher and other miscellaneous debris located on
the property. Bethany Salzman,Zoning Compliance Officer and Julie
Chester, Lead Planner, spoke to Mr.Pedraza at the time of inspection.
He was aware of the violation and indicated that he would bring the
property into compliance within about 30 days. It was indicated to
Mr. Pedraza that he should attend the Violation Hearing with the
Board of County Commissioners and request an extension to ensure
compliance in a timely manner. He stated that he understood the
problems occurring on the property and did get rid of some trash and
junk at the clean-up day. Mr. Pedraza indicated that there was a
camper stored in the backyard, however, no one was living in it. Mr.
Pedraza was advised that he could not use the trailer for any overnight
or temporary housing.
March 30, 2000 Letter sent(certified) to the property owner and tenant indicating that
the violation was scheduled before the Board of County
Commissioners on April 11, 2000.
2000-0821
There is still a Noncommercial Junkyard located on the property, therefore is a violation of Sections
32.6.3.1, 32.2.3 and 32.2.3.6 of the Weld County Zoning Ordinance. A Noncommercial Junkyard
is not an accessory use in the R-5 Zone District and Section 32.2.3.6 states that the derelict vehicles
must be screened from all adjacent properties and public rights-of-way and meet the definitions of
that section. To bring the property into compliance the tenant and/or property owner must remove
the Noncommercial Junkyard from the property, except the derelict vehicles, which may be stored
as stated above or removed from the property.
The Department of Planning Services also recommends that the County Attorney authorize legal
action against any other persons occupying the properties, any persons claiming an interest in the
properties, and any persons acting in active concert with the identified parties.
6jrul ittt \
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
C 1555 N111 . 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100 Ext. 3540
COLORADO Fax: (97 0) 304-6498
INSPECTION REPORT
NAME: Pedraza, Guadalupe and Ricardo Serna
LEGAL DESCRIPTION OF PROPERTY: Lot 9, Elk 8, Hill-N-Park, 2nd Filing, Weld
County, Colorado
DATE: April 10, 2000
CASE NUMBER: VI-9900371
Upon visual inspection, Julie Chester and myself noticed that the following
violations were still active :
Three derelict vehicles
Piles of trash and other miscellaneous debris
Engine and other vehicle parts
lakekt (Siptinir
Bethany S zm n �✓
Zoning Compliance Officer
pc: VI-9900371
Julie Chester
Kitl3:4%;N.IN:,
I DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
0 1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100
• Fax !970i 304-6498
COLORADO
March 30, 2000
Mr. Ricardo Serna
4604 Yellowstone Dr.
Greeley, CO 80634
H I I-N-Park
Mr. Guadalupe Pedraza
3905 Yosemite Dr.
Greeley, CO 80634
Hill-N-Park
Subject: VI-9900371, Lot 9, BLK8, Hill-N-Park, 2nd Filing, Weld County, Colorado
Dear Mr. Ricardo Serna and Mr. Guadalupe Pedraza:
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 April 11, 2000, at 10:00 a.m., to consider the violations
occurring on the property. 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.
The Department of Planning Services' staff will be recommending that the Board of County Commissioners
authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that
you were made aware of the nature of the violation, the action necessary to correct the violation, and that you
were given sufficient time to remedy the violation. If you have any questions concerning this matter, please call
me.
Sincerely,
Bethany Salzman.
Zoning Compliance Officer
pc: VI-9900371
Julie Chester, Lead Planner
Mr. Guadalupe Pedraza
Mr. Ricardo Serna
SERVICE,TEAMWORK.INTEGffiTY,QUALITY
INSPECTION REPORT
NAME: Guadalupe Pedraza (property of Ricardo Serna)
LEGAL DESCRIPTION OF PROPERTY: Lot 9, Blk.B, Hill-N-Park, 2nd Filing, Weld
County, Colorado
DATE: March 29, 2000
CASE NUMBER: VI-9900371
Upon visual inspection of this property, the following violations were active :
Piles of trash and other miscellaneous debris
three derelict vehicle
tires, engines, and other vehicle parts
Dishwasher
Mr. Pedraza stated that he was working on cleaning up the yard. He was going to
put one of the cars in the garage, one was for sale, and the other one he was
going to fix and get current tags and insurance. He is making trips to the dump
with the trash and is trying to schedule pickup from BFI. He stated that he
would have everything cleaned up by the 10th of April. Julie advised him of the
Board of Commissioners Hearing on April 11, 2000 at 1000 am, and that we would
return on the 10th of April to video tape the conditions of the case, and as a
result if the area was cleaned by the 10th, they would not need to attend the
board hearing. However, if the violations were still active, per the certified
letter that he will receive, he will need to attend to ask for an extention.
(T ped on 033100)
ethane S,.1 a
Zoning Compliance Officer
pc: VI-9900371
Julie Chester
jilt _aiitjr---"N;H IV
+1
vise W -.It E
COLORADO Data Sheet 3
VIOLATION: VI-9900371 STATUS: COMPLNT
DESCRIPTION: NON COMMERCIAL JUNKYARD/D/V, SOMEONE LIVING IN CAMPER IN
BACK YARD.
BASE INFORMATION: c'
LtH ((Li, 0 9/ trv---
PARC EL NUMBER: 0959-26-4-04-0151 02
LEGAL DESCRIPTION: 2HP8-9 IMPS ONLY MH L9 BLK8 HILL N PK 2ND
SCHULT
,
BI-P179201AB LAND PEDRAZA GUADALUPE JR& MARVIN 7yfi 0`- �� r-� �5'/`��� I✓
OWNER: GUADALUPE PEDRAZA
ADDRESS: 3905 YOSEMITE DR HIL � � 4
LOCATION: 3905 YOSEMITE DR HILL N PARK GREELEY, C -�� , .\iiiic _ ;
-,,,i<
APP TYPE: VI CLASS CODE: VI-2 _ ZONING DIST: AG
,--e II- A),1 i, -a '.�
COMMENTS: r - 1,
f
VBROWN 12/16/1999 12/10/99 INITIAL COMPLAINT, DERELICT `-) -- �; XJ
VEHICLES,NON COMMERCIAL JUNKYARD, DERELICT VEHICLE. ALSO r, ,)
SAID THAT SOMEONE WAS STAYING IN CAMPER IN BACK YARD. C ini-1^e -1�-,2 `-
12/10/99 DID INITIAL SITE INSPECTION. I ADVISED MRS SERNA 1 S
THAT THE DERELICT BLAZER IN DRIVEWAY NEEDED TO BE SCREENED \
OR REMOVED. SHE AGREED TO MOVE BLAZER INTO THE GARAGE. `)',, A c
WOULD DO OVER THE WEEKEND. I ALSO ADVISED OF THE MISC TRASH h, 7-:J" -
AND TIRES. SHE WOULD HAVE IT CLEANED UP. I QUESTIONED THE '
CAMPER IN THE BACK, SHE SAID THAT IT IS SCRAP, AND WOULD BE I 1 •''Dll )`A-'L"4 `'c`—
REMOVED FROM PROPERTY AS WELL. I WILL EXTEND FOR 30 DAYS t, _,
AND SEND LETTER TODAY. • ,
12/27/99 MR SERNA CALLED IN REGARDS TO 30 DAY LETTER SENT. ,.>c,()h L�c - )`' '
MR GUADALUPE IS THE OWNER OF THE PROPERTY, MR SERNA IS THE „R. ,
BROTHER N LAW. I DID ADVISE HIM THAT IF HE SPOKE TO MR
PEDRAZA, LET HIM KNOW THAT I WILL BE OUT TO DO A FINAL i
INSPECTION ON JAN. 16, 2000. THE BLAZER SHOULD BE REMOVED Aid
• >-e
AND THE SURROUNDING PROPERTY CLEANED UP. HE SAID HE WOULD
RELAY INFORMATION TO OWN,,K, MR PEDRAZA.
4 _y ' DEPARTMENT OF PLANNING SERVICES
Code Compliance Division o 1553 N. 17th Avenue, Greeley, CO 8063"
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
December 16, 1999
Mr & Mrs Jesus Serna ��� �y /-�,/-c )0 ,
4694-1`ettowsttsne Dr v
Greeley, CO 806034
Hill N Park
Subject: VI-9900371
Dear Mr & Mrs Serna,
The uses on the above described property are being considered as a zoning violation of Sections 31.3.9 or the
We.d County Zoning Ordinance.
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we
have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from December
16, 1999,to correct this zoning violation. Failure to do so will result in this office scheduling the violation before
the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office
for legal action.
Any information you have that may help to resolve this matter will be helpful. This office is ready to be of any
assistance in clarifying or answering questions concerning this matter. Please contact me at the above address
or telephone number.
Sincerely,
ickie Brown
Zoning Compliance Officer
pc: VI-9900371
List of Comments
Permit # : V1-9900371
Printed Date : 12-16-1999
People
APPLICANT JESUS SERNA 12/16/1999
VBROWN 12/16/1999 12/10/99 INITIAL COMPLAINT, DERELICT
VEHICLES,NON COMMERCIAL JUNKYARD,DERELICT VEHICLE. ALSO
SAID THAT SOMEONE WAS STAYING IN CAMPER IN BACK YARD.
12/10/99 DID INITIAL SITE INSPECTION. I ADVISED MRS SERNA
THAT THE DERELICT BLAZER IN DRIVEWAY NEEDED TO BE SCREENED
OR REMOVED. SHE AGREED TO MOVE BLAZER INTO THE GARAGE.
WOULD DO OVER THE WEEKEND. I ALSO ADVISED OF THE MISC TRASH
AND TIRES. SHE WOULD HAVE IT CLEANED UP. I QUESTIONED THE
CAMPER IN THE BACK, SHE SAID THAT IT IS SCRAP,AND WOULD BE
REMOVED FROM PROPERTY AS WELL. I WILL EXTEND FOR 30 DAYS
AND SEND LETTER TODAY.
report: vickie
�— - o'clock _ M.,
A ,4sbp91 2426091 D-1479 P-361 O2/O9/95 03:58P PG 1 OF 1 REC DOC
— Weld County co Clerk & Recorder 5.00 5.70==
WARRANTY DEED - -_—
TIfIS DEED,Made this 7TH day of FEBRUARY,1995 between
OTIS E.ARTMAN and LOIS ARTMAN
of the County of WELD and State of COLORADO,grantor, and
GUADALUPE PEDRAZA,JR. and MARVINE PEDRAZA
whose legal address is 4604 YELLOWSTONE DRIVE,
GREELEY,COLORADO 80634
11 � of the County of WELD and State of COLORADO,grantees:
\1
C-
J WITNESS, that the grantor, for and in consideration of the sum of FIFTY-SEVEN THOUSAND AND 00/10oths DOLLARS,
($57,000.00), the receipt and sufficiency of which is hereby acknowledged,has granted,bargained, sold and conveyed,and by these
presents does grant, bargain, sell,convey and confirm unto the grantees, their heirs and assigns forever,not in tenancy in common but
in joint tenancy, all the real property, together with improvements, if any.situate,lying and being in the County of WELD, and State of
Colorado, described as follows:
LOT 9,
BLOCK 8,
HILL-N-PARK SECOND FILING,
COUNTY OF WELD,STATE OF COLORADO.
(kl
also known by street and number as 3905 YOSEMITE DRIVE, GREELEY, COLORADO 80634
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the
G reversion and reversions, remainder and remainders, rents, issues and profits thereof,and all the estate,right,title, interest,claim and
demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and
appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees, their heirs
and assigns forever. And the grantor, for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and
with the grantees, their heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises
above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full
power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid,and that the same are free and clear
from all former and other grants, bargains, sales, liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature
soever, except for taxes for the current year,a lien but not yet due or payable,easements, restrictions, reservations,covenants and
rights-of-way of record, if any,
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession
of the grantees, their heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
l/
LOIS AMMAN I O AN
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
The foregoing instrument was acknowledg•... ''I •Ipi" ' 1 7TH day of FEBRUARY, 1995 by OTIS E.ARTMAN and LOTS
ARTMAN K '------- �•
My commission expires: 10-05-98 ? • SG^AN E USAla n ,1 Witness my hand* Ya ` 1 sea /
oP . ✓ Notary Public
No.921 A.Rev.3-85 WARRANTY DEED(10 Joint Tenants)
343 Tax Lien Sale Certificate of Redemption
State of Colorado, County Treasurer Tax Lien Sale No
Weld County. ss. Weld County 19980387
I HEREBY CERTIFY,That the Real Estate hereinafter described, situated in the County of Weld,and the State of Colorado,
which was sold for Delinquent REAL ESTATE Taxes,for the year 1997 on 11/05/1998
has this day been redeemed by PEDRAZA GUADALUPE JR&MARVINE
by payment to me of the sum of money set opposite said tract,being the amount due thereon,as provided by law,to wit:
Description of Property Redeemed Amounts by Years
SCHEDULE-R2694686
1997 TAX SALE 11/05/1998 383.66
INTEREST 1997 26.86
2HP8-9 L9 BLKB HILL-N-PARK 2ND
FILING %3905 YOSEMITE DR%
In Witness Whereof, I have set my Hand and Seal,this 04/08/1999,Arthur L.Willis II Tr earef_WI;Itl,Cc pnty
Am't of Redemption 410.52 t
Redemption Fee 13.00
,k51 TOTAL 423.52 B k n P a
•ARTHUR L.WILLIS II ~ /J`
WELD COUNTY TREASURER '') '••----•- - . .
P.O.BOX 458 ;�+ '�
GREELEY,CO 80632
GOODWIN, MICHAEL W
HUM 11111
2686343 04/12/1999 11:324 Weld County CO
1 of 1 R 6.00 0 0.00 JR Sukt Tsukemoto
i11(i . :D
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Wilk. ri “. , , . J DEPARTMENT CF PLANNING SERVICES
'>I COMPLAINT REPORT
❑ ZONING COMPLAINT Complaint In ted by:
❑ BUILDING CODE COMPLAINT ❑ Staff Citizen ❑ Other
LEGAL DESCRIPTION: '``
r f� I:
VIOLATION ADDRESS 7( % /� ,7/1 1''1'rf / gyi ii, '/ (��
Parcel s 1Y1..76) (1-0L7/1.,143— ATTACH COPY OF DEED, Nop cS(.J._e
Property Owner's NanP JI pp,/ �� q - ti y
(a/
Property Owners Address: � 'r"— .- =, _. i
�7 i��<' / � fin; :L
'DX/
Tenant's Name and Mailing Address:,_ / �b�
NATURE OF COMPLAINT: -
I v ,5'� ' J/ r? ? //t * Y1 {. 21 'Ai
‘ .) ,
/its
/- 2//(1/77Y
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Aiel
�/ �a/�,/�(,'n� Date. ) G� !>'�1 /
Zoning Complaint Referred To: i/ I.
7% I ^
Building Code Complaint Referred To: ?,
11y�AA�`2' Date:
Date:
Case Assigned To:
72/7 ACTION OF INVESTIGATOR: Date of Inspection: / J//,/ ,
Inspection of property indicates:
o No violation of the Weld County ❑Zoning / ❑Building Code or Ordinance
Referred to:
❑ No violation of the Weld County o Zoning I ❑ Building Code Ordinance
❑ Violations of the following Sec'dons of the ❑Zoning
❑ Building Cade Ordinance —
ACTION CN COMPLAINT: a No Action Taken/No Violation o Violation File Started
Date Date
CASE REVIEWED BY SUPERVISOR
Date
SUPERVISOR'S COMMENTS
NOTE: Attach ail pertinent information and facts disciesea by investigation to this form.
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