HomeMy WebLinkAbout20001078 RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST ADAM AND JOSEPHINE MACHUCA 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, Adam and Josephine Machuca, VI #9900299, 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 9th day of May, 2000, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Adam and Josephine Machuca, property owners, were present at said
hearing, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said
violation to the Weld County Attorney's Office for legal action, with an instruction for delay of
action upon such referral until August 9, 2000, to allow adequate time for the property owners
to bring the subject property into compliance and for an inspection of the property by the
Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
VVeld County, Colorado, that said violation be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Adam and Josephine Machuca 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 August 9, 2000,
to allow adequate time for the property owners to bring the subject property into compliance.
2000-1078
PL0824
i
C r_, t i�l� ti l C
VIOLATIONS - VI #9900299 - ADAM AND JOSEPHINE MACHUCA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of May, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: T4 ►�%//���..::.: _ 2 , —
YY��11 �, Barbara J. rkmeye , Chair
Weld County Clerk to the B O
' ,Y; 4 M. J Bile, Pro-Tem
BY: /"--A
Deputy Clerk to the Bo —
/Geor E. Baxter
APPROVED AS TO FORM:.
a e . Hall
ounty Attorney
l
Glenn Vaad
2000-1078
PL0824
DATE: May 2, 2000
VIOLATION NUMBER: VI-9900299
NAME: Adam & Josephine Machuca
ADDRESS : 20099 Southgate Av, Southgate,
MAILING ADDRESS : PO Box 235, Gilcrest, CO 80623
ZONE DISTRICT: Agricultural
LEGAL DESCRIPTION: Lot 5, Elk 1, Southgate Subdivision, Weld County, Colorado
PARCEL NUMBER: 1057-22-003012
CASE SUMMARY
October 16, 1999 An inquiry was made via an other source regarding .has
property. The individual stated that there was a
Noncommercial Junkyard consisting of at least one
derelict vehicle on the property.
October 18, 1999 Vicki Brown, previous Zoning Compliance Offices,
completed a site inspection. She noticed several
derelict vehicles and other miscellaneous debris .
October 27, 1999 Five day compliance encouragement letter issued .
November 9, 1999 Letter returned with "No Such Number" .
November 18, 1999 Five day compliance encouragement letter re-issued.
November 29, 1999 Mrs . Machuca called in to have the concerns explained.
She asked for a thirty day extension. Vicki Brown
granted the extension.
December 1, 1999 Thirty-day Zoning Violation Notice •was sent giving an
extension to Mr. Machuca.
March 31, 2000 Bethany Salzman, current Zoning Compliance Officer,
completed a site inspection. The property does have a
Noncommercial Junkyard consisting of one or more
unscreened derelict vehicles .
April 28, 2000 Letter sent (certified) to the property owner, Mr. Adam
Machuca, indicating that the violation hearing was
scheduled before the Board of County Commissioners on
May 9, 2000 at 10 : 00 a.m. .
There is a violation of Section of section(s) 31.3 and 31.3 .9 of the weld County
Zoning Ordinance. To bring the property into compliance the property owner must
remove or screen all derelict vehicles from adjacent properties or public rights-
of-ways .
The Department of Planning also recommends that the County Attorney authorize
legal action against any other persons occupying the properties, any persons
claiming an interest in the properties, and any persons acting in active concert
with the identified parties .
ra 4, &i,f+,, ,,,,,„ DEPARTMENT OF PLANNING SERVICES
Ili Code Compliance Division
C 1555 N. 17th Avenue, Greeley, CO 30631
Phone: (970) 353-6100. Ext 3540
COLORADO• Fax: (970) 304-6498
INSPECTION REPORT
NAME: Mr. Adam & Josephine Machuca
LEGAL DESCRIPTION OF PROPERTY: Lot 5, Blk 1, Southgate Subdivision, Weld County, Colorado
DATE: May 2, 2000
CASE NUMBER: VI-9900299
Upon a visual inspection of the property the following violation was noticed. Mr. Machuca stil has a
Noncommercial Junkyard consisting of a derelict vehicle, piles of wood, buckets, and miscellaneous
debris. I did not take any pictures at this time. This case is scheduled to be heard by the Board of County
Commissioners at the violation hearings on May 9, 2000 @ 10:00 a.m..
Bethany Sal m n
Zoning Comp nce Officer
pc: VI-9900299
Julie Chester
SERVICE, TEAI'lWORN, TNTEGRI'1-I, QU}.ut'IC
iwv
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
c 1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-600
• '=ax (9701 304-6.498
COLORADO
April 28, 2000
Mr. Adam & Josephine Machuca
PO Box 235
Gilcrest, CO 80623
Subject: VI-9900299, Lot 5, Blk 1, Southgate Subdivision, Weld County, Colorado
Dear Mr. & Mrs. Machuca:
The property referenced above remains in violation of the Weld County Zoning Ordinance. I have schedules
a meeting with the Board of County Commissioners on May 9, 2000, at 10:00 a.m., to consider the violations
occurring on the property. 32.6 "The R-5 (Mobile Home Residential) District" and 40 "Supplementary District
Regulations"A Noncommercial Junkyard consisting of derelict vehicle(s) is not a Use by Right or an Accessory
Use in the R-5 District. In order for your property to come into compliance the Noncommercial Junkyard,
consisting of one or more derelict vehicle(s), must be removed or screened from adjacent properties and public
rights-of-ways per 32.2.3.6 and they must meet the guidelines established per Section 42-12-101 CRS(Colorado
Revised Statute). 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.
I will be at the property on May 8, 2000 to re-inspect and complete a video to provide at the Violation Hearing.
Sincerely,
let
Bethany Salzman
_.,.e`U Compliance Officer
pc: VI-9900299
Julie Chester, Lead Planner
SEP.VICE,TEAMWORK,INTEGRITY,QUALITY
PERMITS Id: MISC120 Keyword: FFACTM User: VBROWN 12/01/99
Corments regarding an Activity Violation
Permit No: VI-9900299 Owner: MACHUCA ADAM & JOSEPHINE
Status: ISSUED Address: 20099 SOUTHGATE AV SOC
Line User Id Text
VEROWN DERELICT VEHICLE ON PROPERTY.
1 VEROWN 10-27-99 SENT 5 DAY LETTER
VEROWN 11/29/99 SPOKE TO MRS MACHUCA, EXPLAINED THE CONCERN FOR
4 VEROWN CLEAN UP IN THE AREA, PER COMMISSIONER KIRKMEYER, SHE WAS
VEROWN VERY COOPERATIVE, ASKED FOR 30 DAY EXTENSION. I WILL SEND
5 VEROWN OUT 30 DAY LETTER TODAY AND REINSPECT LAST WEEK OF DEC.
•
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Up/Dowr=Select, Pgup/PgDn(F2)=Page, F3=First 12, ESC=Exit
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� M1P
DEPARTMENT OF PLANNING SERVICES
I
L1 Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
i Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
C.
COLORADO
WELD COUNTY
ZONING VIOLATION NOTICE
December 1, 1999
Mr & Mrs Adam Machuca
PO Box 235
Gilcrest, CO 80623
Subject VI-9900299, SG1-5 IMPS Only MH L5 Blk 1 Southgate, Weld County, Colorado
Dear Mr & Mrs Machuca,
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 no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days fromDecember 1.
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
ass stance in clarifying or answering questions concerning this matter. Please contact me at the above address
or telephone number.
C
Sincerely,
't /'/ q
Vickie Brown
Zoning Compliance Officer
pc: VI-9900299
DEPARTMENT OF PLANNING SERVICES
lit Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80651
Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
C.
COLORADO
November 18, 1999
Mr & Mrs Adam &Josphine Machuca
PO Box 235
Gilcrest, CO 80623
Subject: VI-9900299, SG1-5 IMPS ONLY MH L5 BLK 1 SOUTHGATE
Dear Mr & Mrs Adam Machuca,
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 several derelict vehicles, and miscellaneou> debris.
Please call me within five working days of the date of this letter to review these concerns with me.
Sindrely,
Vickie Brown
Zoning Compliance Officer
pc: VI-9900299
SERVICE.TEAMWORK,INTEGRITY.QUALITY
Department of Planning Services
1 ;®O� 1551 N. 17th Avenue
to Greeley, Co 80631
!silk ,
COLORADO ,
Mr Adam & Mrs.}es1Se Machuca
20099.5onffhigate Av
Lasalle CO IMP
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext 3540
C. Fax: (970) 304-6498
COLORADO
October 27, 1999 7
Mr Adam & Mrs Josephine Machuca fr -79717-)/ Sz,�p2j
20099 Southgate Av 1
Lasalle CO 80624
L1VC 6:
Subject: VI-9900299
Dear Mr & Mrs Machuca,
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 several derelict vehicles, and miscellaneous debris.
Please call me within five working days of the date of this letter to review these concerns with me.
Sincerely,
COLI: ity L .
Vickie Brown
Code Compliance Officer forty ', 10 '
pc: VI-9900299 I m (7,
SERVICE,TEAMWORK,INTEGRITY.QUALITY
47e&
DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. X40
C. Fax: 19701 304-6498
COLORADO
October 27, 1999
Mr Adam & Mrs Josephine Machuca
20099 Southgate Av
Lasalle CO 80624
Subject: VI-9900299
Dear Mr & Mrs Machuca,
It has come to the attention of the Department of Planning Services' staff that the uses on your property may not
he in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the Zoning
Ordinance is a non-commercial junkyard, consisting of several derelict vehicles, and miscellaneous deoris.
Please call me within five working days of the date of this letter to review these concerns with me.
Sincerely,
Vickie Brown
Code Compliance Officer
pc: VI-9900299
SERVICE,TEAMWORK,INTEGRITY.QUALITY
Permit No VI-9900299 DATA SHEET Page: 1
10/19/99 16:16
Data: Full Description
Description: DERELICT VEHICLE
Data: Process Tables
Screen No: 01
Base Information
Parcel No: 1057 22 003012 000002
Owner: MACHUCA ADAM & JOSEPHINE
Status: COMPLNT Written By: VEB Sec/Twn/Rng: 22 04 66
Description: DERELICT VEHICLE
Location: 20099 SOUTHGATE GILCREST CO
Zoning Dist: 3-5 Permit Num:
App Type: V:: (BCV=BLDNG VIO, VI=ZONING VIQ WCV=WELD VIO "bcv t vi")
Class Code: VI-1.-1
vehicle storage
Complaint: 10/19/1999 'nit: VEB NO VI: 00/00/0000 Init:
5 Day Letter: 00/00/0000 Init:
Issued: 00/00/0000 Init:
Inspection: 10/19/1999 Init: VEB
BCC Vio: 00/00/0000 'nit:
Court: 00/00/0000 Init:
Closed DCV: 00/00/0000 Init: Closed VI: 00/00/0000 Init:
Screen No: 02
Zoning Information
Parcel No :1057 22 003012 000002
Legal Desor:SG1-5 IMPS ONLY MN L5 BLK1 SOUTHGATE GLENW00D 79-GW11220 LAN
Owner Name :MA_CRUCA ADAM & JOSEPHINE Date:00/00/0000 Verified:
Setbacks N: 5, E: H: Reg by Zoning Sec Twn Rng:22 04 66
Notes:
Zoning Dist:R-5 Acres .00
** 1=Yes, 2=Nc, 3=Appr/Cond Met, 4=Appr/Coad Not Met **
Legal Lot I Site Plan Review SPR
Prior to Zoning Yr I Board of Adjustment BOA
> 80 Acres Non-Conforming Use NCO
Rec Exemption RE [ Flood Hazard Dev FHDP
Sub Exemption SE Geological Hazard GHP
Use Spec Review CSR I Accessory Dwelling ZPAD
Planned Unit Tev PW
Subdivision S
Change of Zone COZ violation VI
Screen No: 03
v'clac_on Letter Text
Use this screen to add text to be merged with violation letters.
For all letters - Dear..- : (include ' ,')
For all letters - My Name:
My Title:
Permit Num:
Permit No VI-9900299 DATA SHEET Page: 2
10/19/99 16:15
Data: Process Tables Continued. . .
Ordinance Section:
For Case Summary - To bring property into compliance...
Data: People
OWNER MACINCA ADAM & JOSEPHINE 10/19/99
P 0 BOX 235
GILCREST CO
80623
Data: Conditions
Data: Comments
'✓EROWN 10/19/99 DERELICT VEHICLE ON PROPERTY.
Data: Inspections
Item: 00404 TELEPHONE CALL Dept: Division:
Item: 00405 LETTER Dept: Division:
Item: 00400 SITE INSPECTION Dept: Division:
10/18/1999 VEB Action: INSP INITIAL INSPECTION Time: 10:05
Item: 00406 OFFICE VISIT Dept: Division:
Data: Approvals
Item: 00001 Building Department Dept: BUILDING Division:
Item: 00002 Planning Department Dept: PLANNING Division:
Data: Locks, Holds, Notices
Cate: Addresses
20099 SODTHGATE AV SOG
10/19/99
Data: Parcels
105722003012000002
(4 (;;\\.,
DEPARTMENT OF PLANNING SERVICES
COMPLAINT REPORT
0 ,.
COLORADO
o ZONING COMPLAINT Complaint Initiated by:
o BUILDING CODE COMPLAINT ❑Staff o Citizen ❑ Other
LEGAL DESCRIPTION:,41-0� ! �`nu , �j� °��/K •
f f
VIOLATION ADDRESS:,I_'S/G 'F`1 / 1 lEf�(,l .21.4✓, s" 27,/e3274/,, i''' 1 i
Parcel#/ J /r7 e2,� a/ ().7- 47173-,CH(f COPY OF DEED
Property Owner's Name, idib2 L :ML- 'X0 M if ati
y y
Property Owners Address: fL>�' Y 'L /L -/--1 /171-62- - /-f' /`/t„/ --
Tenant's Name and Mailing Address:
NATURE OF COMPLAINT:
�I ' x7 //;7„/-/— 7),'y.//(72/4j2 7/2Z1/1
�l�fJf'jl�;� Date: 4 %1°„' , (
Zoning Complaint Referred To: �
Building Code Complaint Referred To: Date:
Case Assigned To: Date:
ACTION OF INVESTIGATOR: Date of Inspection: /4�/, 11 _
Inspection of property indicates:
o No violation of the Weld County ❑Zoning / o Building Code Ordinance
Referred to: on
o No violation of the Weld County ❑Zoning I o Building Code Ordinance
o Violations of the following Sections of the o Zoning
o Building Code Ordinance
ACTION ON COMPLAINT: ❑ No Action Taken/No Violation Violation
iolatio F�,Starts
Date ,/// ¢7J
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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QUIT CLAIM DEVI.) t•
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Ruth Arlene Camas n S 1 V IiUCL11EN1ARY FEE '
/ // _ i
whvsu nddreus Ps 20076 Sout h5ltt AvFuuu, p„ '_i
La Salle, CO11064S � L ') f
County of W ld ,and ',Late 81. — -
Colorado ,for the collaidcrutiou =f
other valid consideration and�
Ten and 00/100 — Dollars,in hand paid, ,
Phereby sell(s)and quit clai,,(s)to Adam Pachuca and Josephine Machuca
whose address is 20099 Southgate Avenue, la Sal Le, CO 80645 1 .
County of Weld ,and State of Colorado ,the following real I
/yy�WIIr,))}����' property,in the County of Weld ,and State of Colin ado,to wit:
1r141.1
1 50 Lot 5, Block 1, Southgate Subdivision, in Section 22, Township 4 North, Range 66 West of H
•
0 the 6th P.M., La Salle, County of Weld, State of Colorado; and
at
I
also known as street and number 20099 Southgate Avenue, la Salle, CO 30645 , '
with all Its appurtenances r'
and subject to 1994 real property taxes, exceptions and reservations of record.
•
Signed this . ' day of Ob-'. -e' ,ID 44.
l/ I i/ ��.. v,,JQn-
Ruth Arlene Carlreli
.
STATIC OF COMMAUO, •s(/{. .
� Q ifF,o4nty of Wnld
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CITIZEN ZONING VIOLATION INQUIRY
WELD COUNTY DEPARTMENT OF PLANNING SERVICES
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970)353-6100 Ext. 3540 Fax: (970)304-6498
Violation#(if applicable): VI-9900299
X Telephone ❑ Office Date: May 4, 2000
Name: Josephine Machuca Phone:
Address: 20099 Southgate Ay, Southgate
STAFF PERSON: Bethany Salzman, Zoning Compliance Officer
ITEMS DISCUSSED: Mrs.Machuca asked if it was necessary for one of them to attend. I told her if she attended
she could retkuest an extension for the time that she thought they would need to bring the property into compliance
with the Zoning Ordinance. She stated that they removed two of the derelict vehicles and have only one that
remains. She stated that they need to do some welding on it, get insurance, and get license plates. She thought that
they could have all of that completed within 30-90 days.
She stated that the reason she was asking if their presence was necessary was due to the fact that they have an
appointment regarding septic. She wanted to know if we could reschedule the violation hearing. I told her that it
would be best if one of them came to the hearing.
I gave her directions on how to get to the hearing. She stated that one of them would be there.
Y EXHIBIT
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