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Home My WebLink About20001654.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST RICHARD BAUSERMAN 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 Bauserman, VI #0000112, 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 11th day of July, 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 Bauserman, who leases said property from the Union Pacific Railroad, 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 August 11, 2000, to allow adequate time for the leasee 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 Bauserman 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 11, 2000, to allow adequate time for the property owner to bring the subject property into compliance. LL • ,Q,[ /ICG/lsernlavl /la Pe.? eg 2000-1654 PL0824 VIOLATIONS - VI #0000112 - RICHARD BAUSERMAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of July, A.D., 2000. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLO DO ATTEST: La/ !� �� & / _6( '4-, '�'�I d,% Barbara J. ' kmeyer, Chair Weld County Clerk to the ' .-r. BY: lo ) ►� • J. ile, Pro-Tem Deputy Clerk to the * ^ fr z7� itq - orge E. Baxter PROVED AS TO RM: Dale II 1 Co y A n0 Glenn Va d 2000-1654 PL0824 DATE: July 6, 2000 VIOLATION NUMBER: VI-0000112 NAME: Richard Bauserman ADDRESS: 365 S 23rd Ave, Brighton, CO 80601 ZONE DISTRICT: Agriculture LEGAL DESCRIPTION: Part of the W2SW4 of Section 8, T2N, R66W of the 6th P.:4. , Weld County, Colorado CASE SUMMARY April 17, 2000 Initial inspection. Property in violation. April 20, 2000 Five day compliance encouragement letter issued. April 24, 2000 Property inspected. Property still in violation. May 5, 2000 Violation letter issued. June 27, 2000 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The is a violation of Section(s) 31.3 .9 "Noncommercial Junkyard" consistLng of wood, roofing, plastic, and miscellaneous debris, of the Weld County SonLng Ordinance. There are also violations of the following Building Code Ordinance : 30 - Building Permits for Buildings and Structures Other than mobile Ind manufactured homes : "No building or structure regulated by this code shall oe erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate building permit for each building or structure has been first obtained from the Weld County Building Inspect on Department. (Before any demolition permits are issued, approval must be giTen by the Weld County Health Department. ) To bring the property into compliance rhe property owner must obtain all necessary building and zoning permits ,for a business) and the Noncommercial Junkyard must be either screened from ill adjacent properties and public rights-of-way or be removed. The Department of Planning also recommends that the County Attorney author_ze 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. 2000-1654 h tit gig e DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970 353-6100 COLORADO Fax :970 304-6498 June 27, 2000 Mr. Richard Bauserman 365 S 23rd Av Brighton, CO 80601 Subject: VI-0000112, Part of the W2SW4 of Section 8, T2N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Bauserman: 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 July 11, 2000, at 10:00 a.m., to consider the violations occurring on the property. Currently your property is in violation of the following Section(s) of the Weld County Zoning Ordinance:31.3.9 "Noncommercial Junkyard"consisting of piles of wood, roofing, and miscellaneous debris. Your property is also currently in violation of the following Section(s) of the Weld County Building Code Ordinance: 30 "Building Permits for Buildings and Structures Other Than Mobile and Manufactured Homes" No building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, or demolished unless a separate building permit for each building or structure has been first obtained from the Weld County Building Inspection Department. (Before any demolition permits are issued, approval must be given by the Weld County Health Department.) This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Censer, 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, 11 , Bethany SalzmaJ Zoning Compliance Officer pc: VI-0000112 Julie Chester, Lead Planner Joe Mendez, Building Compliance Officer SERVICE,TEAMWORK,INTEGRITY,QUALITY JUN 26 '00 15:27 FR UPRR CONT AND R/E 402 997 3682 TO 919703046498 F.CIL 23 IThauN PACIFIC RAILROAD COMZ'SNY REAL ESTATE DEPARTMENT 1416 Dodge St., WP001 Jack L.Nelson Omaha,NE 68179 Manager Real Estate Phone:(402)997-3614 Fax: (40'2) 997-3601 FACSIMILE TRANSMITTAL PLEASE DELIVER TO: 467a2Merae A-ri M itt, l Number of Pages + cover page FILE: g77 gt7 REMARKS: 8 0-c-c-7//% zt r). 1.c/ t2,vrAt t) , - � ✓per �izr 94€ t, 'rsf� n/4AT �?�2TJ v� xis �� 4yece 7 1 t4 ,DiLy�i s iit JJ��3lru2_ itett -?-,-G/ 4 j 7A/ -4:Zz /�4.ti !/U L d:e y7, ,?� i thetik .a 'WARNING This facsimile message may be a privileged and confidential communication and is intended for the use of the person to whom it was sent. If you have received this message in error,please notify me immediately at the number shown above. This message should not be disseminated or copied if you are not the intended recipient,but should be returned to the above address by mail or destroyed. THANK YOU, JUN 25 '00 15:27 FR UPRR C0NT AND R/E 402 997 3692 TO 919703046499 F'.k3.✓F : . i i i Ir P:/437 I / REA-314,402 SQ.FT. II i- ail: if \III{ • ; . . _ .. -_L. .. +- - �..�_•-� . . _ .-.�»may.._ _ , , .::........,..:•:.:....x.:„.... ..:•,..:•:.; .,...s.:,...:.:„..::�1600'? r.: ?:'i:. . ::r•:::?tt•:::>:: :•s::�a?::. - .y�'. _ :.}yV:e...V: . l n.aii.,;$5.:::..:?011.:1 •�:: :•:.; .;: _ :.1t•: •ti•i:v':.... Y+:+}:.:;,••..O — •:t•_fr::- 1 35 •'• Pa""ttlire .'. '. j.' _—S''//Acre ••+•••••••- :t'.f'.5 :F.5`%SA-rte» :J.51-.�:a^"..:.:^:IX:5•:•:� ,....4•::t?':-::'::�:�'. �� :- :- t :f .hi: "diti`:dri. :•:•d:?;{.'::�:•.v:u:.::..,,.:... t •: �`:[tt:Y.ts->:a: :•: a�»aS:: . 30 ------ o _______`_ --- Y a 8 1. Y / I NOTE: BEFORE YOU BEGIN ANY WORK,SEE AGREEMENT FOR FIBER OPTIC PROVISION. EXHIBIT"A' UNION PACIFIC RAILROAD COMPANY IONS, CO M.P. 3025-Greeley Subdivision Lease to RICHARD E.BALISERMAN SCALE: 1" 200' REAL ESTATE DEPARTMENT OMAHA,NE Date: February I0,2000 Folder: 977-87 ' LEGEND Lease Area Shown Dot Sere :Nay's • (RR)R/W Outlined ** TOTAL PAGE.©3 f'fi JUN 26 '00 15:27 FR UPRR CUNT AND R/E 402 997 3602 TO 919703046496 P.02/ ^i I a _ / 11 'pt ,.�� .'I_'.t s e z fi /� ' TOTAL LEA sat. + / ¢F F— a a. / ^ --,wr.--rte- •', '� V::.- US HXWY 85 `_ CC _ . . . — -- ':.;:.ry{n • " '• .i$ts}$?,-:viii�`'•'•' mayk::••:; :r}+i: Industrial Less • x,::-:::.:;.. •o-o-;: . : .. i� .::,..� •.{•r.,t-:•:<. Lease 95 F .;: r:.;?p? :ry;:•;R.:1+`..:••r 111!(C FL , II.Pc c t , # r dT P 3 a • I1 a /11/ • &L ..w. 4� • t„,,,,„L1 DEPARTMENT OF BUILDING INSPECTION Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80131 Phone: (970) 353-6100, Ex[. 3540 Fax: (970) 304-6-'98 Illi C. COLORADO WELD COUNTY ZONING VIOLATION NOTICE May 5, 2000 Mr. Richard Bauserman 365 5 23rd Av Brighton, CO 80601 Subject: VI-0000112 Part of the W2SW4 of Section 8, T2N, R66W of the 6th P.M., Weld County, Color.irlo Dear Mr. Bauserman: The uses on the above described property are being considered as a zoning code violation of Sections of the Veld County Zoning Ordinance. The noncompliance with the Weld County Zoning Ordinance is as follows: 31.3.9 "Noncommercial Junkyard" 31.4 "Uses by Special Review in the A (Agricultural) District." If you are still intending to use your land in the manner which we discussed, please turn in your Use by Special Review or"USR" application as soon as possible. It is he 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 , May 5, 2000, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. This office is ready to be of my assistance in clarifying or answering questions concerning this matter. Please contact me at the above address or telephone number. Si cerel�y,�� \r �yq� zany sal "-�LS Ste is ` Bethany Salzrcain Zon.ng Compliance Officer pc: VI-00000112 Julie Chester SERVICE,TEAMWORK,INTEGRITY,QUALITY l lb Name : MVC-011S.JPG Dimensions: 640 x 480 pixels b� See Mea\ck.e.3 ,Al2-7lco • "4 is .....,....0.'...! •••••••,-6,...,....A., r/'''._,,,4,4,,,,,,,,,...14,.........4.0.".••••''':,:i.....•N M grwn...•Y ` . ..i.4flY.. r'. .+...A --------n+'a .w.bvr.Ma+`.^`✓a4axsvvr.MM`M+. prrur • ..r .. 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Cie?J 41.27 IM 946t( DEPARTMENT OF PLANNING SERVICES C Code Compliance Division• 1555 N. 17th Avenue, Greeley CO 8663' Phone: (970) 353-510.), Ext. 3540 COLORADO Fax: (9' 304-6498 INSPECTION REPORT NAME: Richard Bauserman LEGAL DESCRIPTION OF PROPERTY: Part of W2SW4 of Section 8, T2N, R66W of the 6th P.M., Weld County, Colorado DATE: April 24, 2000 CASE NUMBER: VI-0000112 Mr. Bauserman came in on April 21, 2000 to discuss his options with the planner on call. I sat in during the conversation. Mr. Bauserman mentioned the following plans: Operates an accounting business (doing books) Income Tax (from Jan 1 -April 15) Boarding horses (future) House will also be used for storage of business equipment and documents Mr. Bauserman wants a permanent foundation for the house (office). He will also be looking at electric and sewer. He will be applying for an address shortly. He is currently leasing the property from the Rail Road Company. He stated that they already know what he is planning to do with the land and that they have told him they do not have any problems with his intentions. Chris Gatham, planner on call, told him to have the rail road send a letter with any of their comments or concerns. Mr. Bauserman picked up a packet for a USR application. Chris explained everything to him. ethany an Zoning Compliance Officer pc: VI-0000112 Julie Chester SERVICE, TEAMWORK, INTEGRITY, QUALITY DEPARTMENT OF PLANNING SERVICES Code Compliar ce Division 1555 N. 17th Avenue, Greeley CO 80631 WI p Phone: (970) 353-610 ), Ext. 3540 CFax: (97 Y 304-6498 COLORADO Apr 120, 2000 Mr. Richard Bauserman 365 5 23rd Av Brighton, CO 80601 Subject: VI-0000112, Part of the W25W4 of Section 8, T2N, R66W of the 6th P.M., Weld County, Colorrrlo Dear Mr. Bauserman: It has come to the attention of the Department of Planning Services' staff that the uses on your property nay not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the Zoning Ordinance is 31.3.9 "Noncommercial Junkyard" and 31.4 "Uses by Special Review in the A (Agriculri.ral) District." Please call me within five working days of the date of this letter to review these concerns with me or a thirty day violation notice will be issued. Sincerely, Bethany Salzman • Zon ng Compliance Office pc: VI-0000112 Julie Chester, Lead Planner 3ruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY • DEPARTMENT OF PLANNING SERVICES Code Compliance Dix isiar O 1555 N. 17th Avenue, Greeley, CO 8063 I Phone: (9701 353-61i'0, Ext. 3540 COLORADO Fax: t1) 304-.6498 INSPECTION REPORT NAME: Richard Bauserman c/o Rail Road Company LEGAL DESCRIPTION OF PROPERTY: DATE: April 17, 2000 CASE NUMBER: Upon visual inspection of the property the following violations were noted: (Noncommercial junkyard unscreened from adjacent lots and public rights-of-way consisting of:, Piles of old wood and miscellaneous debris Tires Abandoned house on bricks or blocks Abandoned shed and outhouse (falling apart) All of this property (wood and other debris)was within about 5 feet of the ditch. Mr. Elton Miller stared that they (his son {who uses the ditch}, his neighbor{a fellow ditch user}, and himself{the main ditch user} were going to be burning weeds (the ditch) tomorrow (041800) at 10:00 a.m.. I told him that I thought some of the wood and other miscellaneous debris might catch on fire. They stated that they were going to have the Platteville fire department standing by in case something like that happened. I notified them that the property was in violation as it was. Please refer to attached pictures taken on April 17, 2000. enSil g:hany S an v Zoning Compliance Officer pc: VI- Julie Chester SERVICE, TEAMWORK, INTEGRITY, QUALITY , .�-+ ;if',f Ye i" �c x >n is fit° A r W,,C m�- Y z$r a 5T,` nWa X � > � �i k �{� C .. �A`^ r , T i, a• t,,,, rvF ; . v l !s F &F'«� rtt ti n .,g sA se° �& ,4ry t SY tW., `< I, f [ ot 5 �gt4ettYt 5 - > it Y x s 3"� tti r ₹.-m Fl Y �Skd4y. 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I Name: MVC-004S.JPG Dimensions: 640 x 480 pixels Yi r. • Name: MVC-005S.JPG Dimensions: 640 x 480 pixels ,d',v4, g?. , ;, r,NT—Tr tr "-m y mm'. m, --"°seta �' _ Name: MVC-006S.JPG Dimer.sions: 640 x 480 pixels d tea' a� 4 .appsr ^, +��a- ,a � §. , c, � '«!�, ' 4 ; `r '`$� r y " "�'� 4 ` y i f�ur"n,nw , F't Y � ru �. ?v`ko�dx�'� °F � 1 '` +. - gax + � 1,14: �:WO, 477'w, '' �. 'Pr" u l r s 4 °j x x e'� Qe e�, { °S6* ,y, w rta� a L d �`�s aza $ 1 ,� n >n# a ' � a a + , h `ry a �. E '0 s�, 11 k ., p f gym• +t s4 11 r 5 Name: MVC-007S.JPG Dimensions: 640 x 480 pixels DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT COLORADO L for', cC1i Uik+T _3 k1 ZONING COMPLAINT Complaint Initiated by • BUILDING CODE COMPLAINT O Staff GI Citizen O Other Legal Description: 1/DZ 5l �1 Parcel# 1"24-1:1- Violation Address: Property Owners Name: / I FaL a ck d chi L� 1 `Ct-v, Phone # ^' Property Owners Address: ?3Lo`-) Pc�k1 -Tr r `�l^C�.,c�1 tenant's dame: Phone # Tenant's Address: NATURE OF COMPLAINT: 1/4rj/1.-L,LAJ- Or) i L l,t( Zoning Complaint Referred To: 11 Date: 4120 Elf Building Code Complaint Referred To: Date: ACTION OF INVESTIGATOR Date of Inspection: Inspection of the property indicates: • No viol.tion of the Weld County O Zoning Ordinance/ O Building Code Ordiranci =: Violation of the following sections of the Zoning Ordinance O Violation of the following sections of the Building Code Ordinance #�#*######x######�rx#x##x####�*=##�#x###xx#xx##xx*x####r.##x#.####x#M######a#####x:##r>:;x:•�# ACTION ON COMPLAINT O No Action Taken/No Violation O Violation File Started Date: Date: `4 .� Name: M0-x24s.JPG a� Dimensic:�ns: 640 x 480 pixels •�.,�� T �J • rwrMe5i%T? t3Fz€^wwc:w.- q4 .rweun: • .j WWrrvrrsa -'i • • Name: MVC-023S.JPG Dimensions: 640 x 480 pixels U m'4 ,'' xrnw 6�».' a 1 �+ ? 4'4 , s tn 1 t F Fn i4 C t '44 ,4tlw , M a t is Name: MVC-024S.JPG Dimensions: 640 x 480 pixels C)1.O2 15d fr R e a+m+�mi -F 'lel..rtK"5 '+t+• A;r bak. w *� r z r �.�.t Y� 5 v A k t q r t �Wk 3 4 � r �-{ � C •k 5 �5 s { r F urti z wv l7r ral<; r"h. -� ' L +} ix4,4' 9 , ? ti i 5 (_ 44,41 efi yv 'rN ti� Name: MVC-025S.JPG Dimensions: 640 x 480 pixels DVz_ T a`a. ..f Yo-e r o- aF 7e �.D ° a Y 1HA' fi ti' ,33 i +uDr ;29)/4, + k - T i P 'i)� a* °vs �1 `@ ,`9 y�rr l i s zk r 'rc`5"�Y°A.irk 5' f 3f » '.�' �6era� rt ,i . ke n �r Lo- i x i ( y�"3%f' ° fas"`i d" ,,,,y t 5D '4i.� YR4 gi L� "9C*if ? 'ty!..+'( ' '£ia� "� w "5=10",.. �.,. awmv*, `,..4.4=4.h. e Name: MVC-026S.JPG CU Q�� Dimensions: 640 x 480 Pixels 4,��i.ZCA'� a t Name: MVC-027S.JPG Dimensions: 540 x 480 pixels • Name: MVC-028S.JPG Dimensions: 640 x 480 pixels CICQZ.BZO Inspection information Sheet VIOLATION: VI-0000112 STATUS: ISSUED DESCRIPTION: MISC WOOD & HOUSE ON BLOCKS BASE INFORMATION: PARCEL NUMBER: 1309-08- - - LEGAL DESCRIPTION: NE430-07-65 OWNER: UNION PACIFIC RAIL ROAD OCCUPANCY: LOCATION: HY 85; BETWEEN WCR 22 AND 20 APP TYPE: VI CLASS CODE: VI-13 ZONING DIST: AG INSPECTIONS: Item: 00404 TELEPHONE CALL 06/13/2000 By: BJS Action: VI Comments: Left a message at 303-659-5783. Left a message at 720-260-9608. want a copy of his lease from the Rail Road Company. 06/09/2000 By: BJS Action: TEL Comments: An individual wanted to start a complaint on this property. [ called back and left a message that there was an active violation on this property. 06/23/2000 By: BJS Action: TEL Comments: Elton Mil called. He was asking where specifically this violation was at. I told him that I would be taking Mr. Bauserman to the July Board Hearing. He stated that several people wanted to attend that hearing. July 11, 2000 @ 1000 a.m.. 06/23/2000 By: BJS Action: NO Comments: Left a message for Jack Nelson (Union Pacific Rail Road) 402-997-3614. (Denny Brown, Supervisor of Mr. Nelson 402-997-3558). 06/23/2000 By: BJS Action: NO Comments: Left a message for Mr. Bauserman. I asked him to call our office as soon as possible. 06/23/2000 By: BJS Action: NO Comments: I called Mr. Bauserman. I informed him that his case would be going in front of the Board of County Commissioners for a Violation Hearing. He asked for the date. I told him July 11, 2000 @ 1000. I told him that he would be receiving a certified letter in the mail with more information regarding the hearing. Mr. Bauserman assured me that he would be stopping by my office Monday afternoon. He stated that he would drop off a copy of his lease with the Rail Road. 06/26/2030 By: BIS Action: TEL Comments: Mr. Nelson(Union Pacific Rail Road) called. He was asking what my message was in reference too. I told him the scenario with Mr. Bauserman. I asked him for a faxed copy of the lease. Mr. Nelson stated that a lease was considered confidential information. I asked him if he could fax me a letter head page just stating that they are indeed leasing this piece of land to Mr. Bausernan. He said sure. Item: 00405 LETTER 04/24/2030 By: BJS Action: NO Comments: Sent 5 day letter. 05/05/2000 By: BJS Action: NO Comments: Sent a 30 day Notice letter. 06/27/2000 By: BJS Action: HR Comments: Sent Violatior._Hearing certified letter Notice 06/26/2000 By: BJS Action: LET Comments: Mr. Nelson faxed me Union Pacific Rail Road letter head reflecting that they are indeed leasing this land to Mr. Bauserman. He also included a copy of a map of the land. (Please see fax in file) Mr. Nelson asked to be kept advised of this case. Item: 00400 SITE INSPECTION 04/17/2000 By: BJS Action: INSP Comments: I completed my initial inspection. There is a big yellow house that has been set on the property (it is not hooked up to anything yet). There are also several piles of wood and miscellaneous items. 05/04/2000 By: BJS Action: INSP Comments: Joe Mendez, Building Compliance Officer, drove by the property. Nothing has changed except more items being brought ill. 06/12/2000 By: BJS Action: INSP Comments: I completed a site inspection. There are now 3 small buildings and the yellow house on the property. There are even more piles of wood now (still no fence). There is a. sink(??) and miscellaneous debris all over the lot. I will try to reach Mr. Bauserman. 06/26/2000 By: BJS Action: [NSP Comments: A visual site; inspection revealed no changes since 06/12/00. Item: 00406 OFFICE VISIT 04/21/2000 By: BJS Action: VI Comments: Mr. Bauserman came into our office today. He picked up an application for a "USR" permit. I again informed him that a fence needed to be built to screen the property. ci PV Elk COLORADO Data Sheet VIOLATION: VI-0000112 STATUS: ISSUED DESCRIPTION: MISC: WOOD & HOUSE ON BLOCKS BASE INFORMATION: PARCEL NUMBER: 1309-08- - - LEGAL DESCRIPTION: NE430-07-65 PEOPLE: APPLICANT BAUSERMAN RICHARD 04/24/2000 Phone: 303-659-5783 365 S 23RD AV BRIGHTON CO 80601 OWNER UNION PACIFIC RAIL ROAD 06/23/2000 Phone: 402-997-3614 CONTACT/JACK NELSON LOCATION: HY 85; BETWEEN WCR 22 AND 20 APP TYPE: VI CLASS CODE: VI-13 ZONING DIST: AG COMMENTS: FLOW SHEET (Zoning Violations) Name of Property Owner: if), ( Q ,L tr2c,,,, <�� •, r J'b Zone: IA r i_ At:dress: - Legal Description: a Ii)z Sii 4__— General Notes: — -' Aicjic1 u.pC. Lt,` Complaint Started Date:Ct¢C Check Slic Any special permits? Blue Line(Aerial Map) Copy of Deed Check Mylar What district? Initial Inspection Date: fit]rrt 5-day Letter Date: IAPJA 1 ,,y • Inspection(if needed) Date: - t1S CV's . NC; aka/- 30-day Notice Date: .ti +r7C) Inspection(if needed) Date: Close Letter(if applicable) Date: Violation Hearing(BCC) Date: Packets for Board(BCC) Date: Video for Board(BCC) Date: (Other) (Other) (Other) (Other) (Other) Remarks: Rich 1 r e l t,,(-3c1 6-1S5 (KO)) 91.01)8 �yr� rig.caJ Ate. .. PART 5 JUNKYARDS ADJACENT TO HIGHWAYS 43-1-501. Legislative declaration. It is declared to be the purpose of the general assembly in the passage of this part 5 that in connection with the construction, maintenance,and supervision of the public highways of this state,the state of Colorado place itself in a position to receive its full share of funds to be apportioned by the congress of the United States for expenditures on federal-aid highways in this state and, to this end,to control the existing and future use and maintenance of junkyards in areas adjacent to the interstate and primary highway systems in order to protect the public investment in such highways;to promote the safety and recreational value of public travel;to promote public pride and public spirit,both on a statewide and local basis;to attract to this state tourists and other travelers with a view toward broadening the economic well-being and general welfare;and to preserve and enhance the natural and scenic beauty of this state. 43-1-502. Definitions. As used in this part 5,unless the context otherwise requires: (1) "Automobile graveyard" means any establishment or place of business which is maintained, used,or operated for storing,keeping,buying,or selling wrecked,scrapped,ruined,or dismantled motor vehicles or motor vehicle parts. (2) "Department" means the department of transportation. (3) "Highway" means the federal-aid primary and interstate systems,as defined in section 43-2- 101. (4) "Junk" means old or scrap copper,brass,rope,rags,batteries,paper,trash,rubber debris, waste,or junked,dismantled,or wrecked automobiles,appliances,or parts thereof,iron,steel,and other old or scrap ferrous or nonferrous material. (5) "Junkyard" means an establishment or place of business which is maintained,operated,or used for storing,keeping,buying,or selling junk or for the maintenance or operation of an automobile graveyard,and the term includes garbage dumps and sanitary fills. (6) "Person" means any individual,firm,agency,company,association,partnership,business trust,joint stock company,or corporation who operates a junkyard or who allows a junkyard to be placed or to remain on premises controlled by him. 43-1.503. Permits required-exceptions.Except as provided in this part 5,on and after February 11, 1966,no person shall establish,operate,and maintain a junkyard which is within one thousand feet of the nearest edge of the right-of-way of the highway and visible from the main-traveled way thereof unless a permit is first obtained from the department. No permit shall be required and junkyards,automobile graveyards, and scrap metal processing facilities may be operated within areas adjacent to said highways which are within one thousand feet of the nearest edge of the right-of-way which are zoned industrial under authority of state law,or any of its political subdivisions. 43-1-504. Permits issued-when.The department has the sole authority to issue permits for the establishment,maintenance,and operation of junkyards within the limits prescribed by this part 5. No permit shall be issued unless such junkyard can be effectively screened,as required by regulation,by natural objects,plantings,fences,or other appropriate means so as not to be visible from the main-traveled . way of such highways. Such screening shall be at the expense of the person applying for said permit. 43-1-505. Permit fees-expiration-renewal.Each application or request for a permit shall be accompanied by a fee of twenty-five dollars to defray the costs of administration of this part 5 by the department. All permits issued under this section shall expire one year from the date of issue and shall be renewed upon compliance with the provisions of this part 5 from year to year upon payment to the department of said annual fee. Such fees shall be collected, in accordance with the collection rules of the department of revenue,for deposit in the state treasury to the credit of the general revenue fund. The general assembly shall make annual appropriations from the general revenue fund for the administration of this part 5. Y x _E�X.H, iniT 43-1-506. Regulations.The department may promulgate such regulations as may be necessary concerning the issuance of such permits in order to qualify the state of Colorado for payments made available by congress to those states that meet federal standards for control of junkyards adjacent to its highways. The provisions of article 4 of title 24,C.R.S., shall not be applicable, except that section 24-4-106,C.R.S.,shall apply. 43-1-507. Judicial review. Any person aggrieved by action of the department in denying or revoking a permit may, within thirty days of the date of notice thereof, apply to a court of competent jurisdiction for appropriate relief pursuant to the Colorado rules of civil procedure or section 24-4-106,C.R.S. 43-1-508. Violations-penalties. Any person who violates any of the provisions of this part 5 is guilty of a misdemeanor and,upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. Each day of violation of the provisions of this part 5 shall constitute a separate offense. In addition,and not in lieu of or as a bar to criminal enforcement as provided in this section,the department is authorized to institute appropriate action or proceedings to prevent or remove any junkyard existing in violation of the provisions of this part 5. 43-1-509. Screening, removal of existing junkyards. Any junkyard in existence on February 11, 1966, which is not in compliance with this part 5 shall,at the expense of the department,be screened,as provided by regulations, by natural objects,plantings,fences,or other appropriate means so as not to be visible from the main-traveled way of the highway or,at the expense of the department, shall be removed from sight. The department is authorized to acquire,move,or relocate property,real or personal,or interests therein,by purchase,donation,condemnation,or by exchange of other property owned by the state to accomplish such objectives and to dispose of any property,real or personal,acquired thereby. Hello