HomeMy WebLinkAbout940229.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING ABATEMENT OF DANGEROUS BUILDING - MARTINEZ
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 Department of Planning Services informed the Board that Thomas
Martinez has a building on his property which is considered to be dangerous to
persons under the Uniform Code for the Abatement of Dangerous Buildings, and
WHEREAS, said property is described as Lots 1, 2, and 3, Block 2, Gill,
Weld County, Colorado, located at 29006 Weld County Road 66, Gill, Colorado
80624, and
WHEREAS, at the meeting on November 10, 1993, the Board was presented with
information concerning the abatement of said dangerous building and deemed it
advisable to continue said matter to November 15, 1993, and
WHEREAS, at said meeting on November 15, 1993, the Board deemed it
advisable to authorize the cleanup and removal of debris from the hereinabove
described property; to direct the Planning and Zoning staff to seek a
determination from the Road and Bridge Department as to whether it had the
capability for cleanup and removal of said debris; to authorize the Purchasing
Department to seek bids from a private contractor for the cleanup and removal of
said debris if the Road and Bridge Department is incapable of doing so; and to
set a hearing date of February 16, 1994, at 9:00 a.m. , to consider recovering the
cost of said work, and
WHEREAS, at said meeting on February 16, 1994, the Board deemed it
advisable to continue said matter to March 7, 1994, at 9:00 a.m. , to allow time
for Thomas Martinez to complete final removal of the debris, and
WHEREAS, Thomas Martinez, property owner, was not present at said meeting
on March 7, 1994, and
WHEREAS, at said meeting on March 7, 1994, the Department of Planning
Services' staff informed the Board that Mr. Martinez had removed some of the
debris; however, the property is still in violation, and staff recommended the
Road and Bridge Department be authorized to cleanup and remove the remaining
debris and that a hearing to consider recovering the cost of said work be set for
April 20, 1994, at 9:00 a.m. , and
940229
CSC
PL-O0r)3
RE: ABATEMENT OF DANGEROUS BUILDING - MARTINEZ
PAGE 2
WHEREAS, after hearing all of the testimony and statements of those present
and the recommendation of staff, the Board deemed it advisable to direct the
Department of Planning Services' staff to notify Mr. Martinez that the Road and
Bridge Department will clean up said property and remove all remaining debris on
March 17, 1994, and to set April 20, 1994, at 9:00 a.m. , as the hearing date to
consider recovering the cost of said work, and
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Department of Planning Services be, and hereby is
directed to notify Mr. Martinez that said property will be cleaned up on
March 17, 1994 by the Road and Bridge Department.
BE IT FURTHER RESOLVED by the Board that the Road and Bridge Department be,
and hereby is, directed to clean up the abovementioned property owned by Thomas
Martinez on March 17, 1994,
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 7th day of March, A.D. , 1994.
/% h BOARD OF COUNTY COMMISSIONERS
ATTEST WELD COUNTY, COLORADO
Weld C unty C erk to the Board EXCUSED
W. H. Webste , C irman
BY:
eputy Clerl to the Board Dale K. Hal , P o-Tem
APPROVED AS TO FORM: % f 7 /J
ydeorgerBax.Ler
ounty Attorny -`=-=a.7-- ------C-enstance L. Harbert
EXCUSED
Barbara J. Kirkmeyer
940229
DATE: November 8, 1993
VIOLATION NUMBER: BCV-1934
NAME: Thomas Martinez, c/o Jeronimo Martinez
ADDRESS: 29006 Weld County Road 66
Gill, CO 80624
LEGAL DESCRIPTION: Lot 1, 2, and 3, Block 2, Gill, Weld County, Colorado.
LOCATION: 27 .11 2/th Avenue, Gill, Colorado.
CASE SUMMARY
July 26, 1993 Letter sent with citation of dangerous building under
the Uniform Code for the Abatement of Dangerous
Buildings. Dangerous building ordered to be demolished
by September 22, 1993. Property owners waived appeal
of order to demolish building by not responding within
specified time period.
August 16, 1993 Property inspected. Demolition started.
October 15, 1993 Property inspected. Debris is still on the property.
October 25, 1993 Notice of hearing sent.
November 8, 1993 Property inspected. No change from October 25, 1993
inspection.
The Department of Planning Services' staff recommends that the Board
authorize the removal of the debris from the demolition of the dangerous
building located on the property and authorize the Purchasing Department to
seek bids for the removal of the dangerous building by a private
contractor.
The staff would also recommend that the Board set February 16, 1994, as the
hearing date to consider recovering the cost of the demolition work by
special assessment or as a personal obligation of the property owners. On
February 16, 1994, the staff will present an itemized account of the
expense incurred by Weld County to complete the work on the property.
y 11.229.
DEPARTMENT OF BUILDING INSPECTION
PHONE (303)353-3845, EXT. 3525
WELD COUNTY ADMINISTRATIVE OFFICES
140 N.0i RAAVENUE631
GREELEY, COLORADO 80631
COLORADO
October 25, 1993
Thomas Martinez
c/o Jeronimo Martinez
29006 Weld County Road 66
Gill, CO 80624
Subject: BCV-1934 - Performance of demolition work on a parcel of land
described as Lot 1, 2, and 3 , Block 2, Gill, Weld County, Colorado,
located at 27011 27th Avenue, Gill, Colorado.
Dear Mr. Martinez
The Weld County Board of County Commissioners has scheduled a hearing to consider
authorization of demolition work to remove the dangerous building on your
property by the County or private contractor on Wednesday, November 10, 1993,
1993, starting at 9:00 a.m. This meeting will be held in the Board of County
Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915
Tenth Street, Greeley, Colorado.
Your presence, or your representative's presence, would be helpful to the Board
of County Commissioners in case they have any questions when considering this
matter. This office is ready to be of any assistance in clarifying or answering
questions on this matter. Please call or write.
Sincerely,
geatin
Edwin Stoner
Lead Combination Inspector
INTERNAL CASE MEMORANDUM
TO: Case File FROM: Edwin Stoner
NAME: Martinez
LEGAL DESCRIPTION OF PROPERTY: Lot 1, 2, and 3, Block 2, Gill, Weld
County, Colorado.
DATE: October 13, 1993
CASE NUMBER: BCV-1934
Property was reinspected on October 13, 1993. The dwelling has been
vacated. The mobile home has been demolished, however, the frame and
debris has not been removed.
940229
6ititt• ti*
DEPARTMENT OF HEALTH
1517- 16 AVENUE COURT
GREELEY, COLORADO 80631
ADMINISTRATION (303)353-0586
ipe HEALTH PROTECTION (303)353-0635
COMMUNITY HEALTH (303)353-0639
COLORADO July 21, 1993
Certified Letter No. : P 186 978 543
Legal Action No. : 93-058
Jeronimo Martinez
29006 Weld County Road 66
Gill, Colorado 80624
Dear Mr. Martinez:
In response to a complaint, your property located at 27011 7th Avenue, Gill,
Colorado, was inspected on July 16, 1993, by John Milligan an Environmental
Protection Specialist of this Department. The following was found to be a
nuisance problem:
There is an outhouse on the property which is being used for sewage
disposals. There is also, raw sewage in a five (5) gallon bucket in
the shed west of the house. This situation constitutes an,yinent
health hazard.
Please be advised that the above described situation is in violation of Weld
County; Individual Sewage Disposal System Regulations, as follows in part:
Sec 3.1 "General Sanitation Requirements: The owner of any structure where
people live, work, or congregate shall insure that the structure
contains an adequate, convenient, sanitary toilet and sewage
disposal system in good working order. Under no condition shall
sewage or effluent be permitted to be discharged upon the surface of
the ground,
Also be further advised that:
Colorado Revised Statute Section 25-1-613 provides the following:
"The Board of Health shall examine all nuisances, sources of filth, and
causes of sickness, which, in its opinion, may be injurious to the health
of the inhabitants, within its own town, city or county. . . , and it shall
destroy, remove, or prevent the same as the case may require."
Be advised that you have five (5) days from receipt of this notice to correct the
aforementioned violation(s). Failure to respond will result in further legal
action by this department.
310229
Jeronimo Martinez
Certified Letter No. : P 186 978 543
Legal Action No. : 93-058
July 21, 1993
Page 2
Failure to comply with the above, shall result in further legal actions as
specified in Weld County Individual Sewage Disposal System Regulations, as
follows, in part:
3.24 Penalties
Any person who commits any of the following acts or violates any of the
provisions of the regulations commits a Class I petty offense, as defined
in Section 18-1-107, CRS 1973.
A. Constructs, alters, installs, or permits the use of any individual
sewage disposal system, without first having applied for and
received a permit as provided for in 25-10-106, CRS 1973 or 25-10-
105 (1) (f) , CRS 1973.
If you should have any questions concerning this matter, please contact this
office at 353-0635.
Sincerel ,
John J. Milligan Jo . Pickle . .H.
Environmental Protection Specialist irector, Environmental Health
Weld County Health Department
JJM/JSP/cs-1388
cc: Randy Gordon, M.D. , M.P.H. , Director, Weld County Health Department
Lee Morrison, Assistant County Attorney
Keith Schuett, Weld County Planning Department
Ed Stoner, Weld County Building Inspection
SOS
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At to 1 41
DEPARTMENT OF BUILDING INSPECTION
PHONE(303)353-3845, EXT. 3525
WELD COUNTY ADMINISTRATIVE OFFICES
Ci1400 N. 17TH AVENUE
GREELEY, COLORADO 80631631 COLORADO
July 26, 1993
Tomas Martinez
C/0 Jeronimo Martinez
29006 Weld County Road 66
Gill, CO 80624
Dear Mr. Tomas:
This is to inform you that the accessory mobile home and the dwelling located on
the property described as Lot 1, 2, 3, Block 2, Gill, Colorado, located at 27011
27th Avenue, have been determined to be dangerous because of the following
conditions:
The following items as listed in Section 302 of the 1991 Abatement of Dangerous
Buildings, apply to the accessory mobile home.
Item 5: Whenever any portion of a structure is likely to fail or to collapse
and thereby injure persons.
Item 8: Whenever the structure because of (i) dilapidation, deterioration,
or decay, (ii) the deterioration, decay or inadequacy of its
supporting system is likely to collapse.
Item 10: Whenever the exterior walls list, lean, or buckle.
As a result of these conditions, it is determined that the mobile home must be
demolished or removed from the property. You are hereby ordered to take steps,
within 10 days, to ensure that no further use or occupancy of the mobile home is
allowed.
If you decide to demolish the mobile home you are hereby ordered to secure a
permit within 5 days to demolish the mobile home. It is further ordered that the
demolition be completed by September 22 , 1993.
940229
INTERNAL CASE MEMORANDUM
TO: Case File FROM: Edwin Stoner_EP 5
NAME: Thomas Martinez
LEGAL DESCRIPTION OF PROPERTY: Lot 1, 2, and 3, Block 2, Gill, Weld
County, Colorado.
DATE: August 16, 1993
CASE NUMBER: BCV-1934
On August 11, 1993, a follow-up inspection was conducted at the above
property. There was nobody at home. The owner has started demolition of
the mobile home. It appeared that the dwelling was vacated but was unable
to verify. An additional inspection will be required.
pc: Cyndy Giauque, Assistant County Attorney
940229
tft !ii !Z:'
DEPARTMENT OF HEALTH.
1517- 16 AVENUE COURT
ipc. GREELEY, COLORADO 50631
L H PROTECTION (303)353-O635
HEALTH PROTECTION (303) 353-0635
COMMUNITY HEALTH (303)353-0639
COLORADO July 21, 1993
Certified Letter No. : P 186 978 543
Legal Action No. : 93-O58
Jeronimo Martinez JUL Q 3 1993
111
29006 Weld County Road 66
Gill, Colorado 8O624 C0
tnrntn't--„ Planning
Dear Mr. Martinez:
In response to a complaint, your property located at 27011 7th Avenue, Gill,
Colorado, was inspected on. July 16, 1993, by John Milligan an Environmental
Protection Specialist of this Department. The following was found to be a
nuisance problem:
There is an outhouse on the property which is being used for sewage
disposals. There is also, raw sewage in a five (5) gallon bucket in
the shed west of the house. This situation constitutes an eminent
health hazard.
Please be advised that the above described situation is in violation of Weld
County;Individual Sewage Disposal System Regulations, as follows in part:
Sec 3.1 "General Sanitation Requirements: The owner of any structure where
people live, work, or congregate shall insure that the structure
contains an adequate, convenient, sanitary toilet and sewage
disposal system in good working order. Under no condition shall
sewage or effluent be permitted to be discharged upon the surface of
the ground, . . . ."
Also be further advised that:
Colorado Revised Statute Section 25-1-613 provides the following:
"The Board of Health shall examine all nuisances, sources of filth, and
causes of sickness, which, in its opinion, may be injurious to the health
of the inhabitants, within its own town, city or county. . . , and it shall
destroy, remove, or prevent the same as the case may require."
Be advised that you have five (5) days from receipt of this notice to correct the
aforementioned violation(s) . Failure to respond will result in further legal
action by this department.
940229
Tomas Martinez
July 22, 1993
Page (2)
The following items as listed in Section 302 of the 1991 Abatement of Dangerous
Buildings applies to the dwelling located on the property and constitutes a
dangerous building.
Item 15: Whenever a building, used for dwelling purposes, because of
inadequate sanitation facilities is determined by the Health Officer
to be unsanitary or in such a condition to cause sickness or
disease. (See attached letter) .
As a result of this condition, it is determined that the dwelling is
uninhabitable. You are hereby ordered to take steps, within 10 days, to ensure
that no further use or occupancy of the dwelling is allowed.
Failure to comply with this order may result in the posting of the property and
nuisance action being initiated under the direction of Weld County and costs
thereof charged to you as the owner of the property.
You, or any person having any record title or legal interest in the building, may
appeal this action to the Weld County Building Code of Appeals provided the
appeal is made in writing, as provided in Chapter 5 of the Uniform Code for the
Abatement of Dangerous Buildings, as adopted by reference in the Weld County
Building Code Ordinance, and filed in our office within 30 days from the date of
this notice. Failure to appeal will constitute a waiver of all rights to an
administrative hearing and determination of this matter.
Respectfully,
aile;a
Edwin Stoner
Lead Combination Inspector
EDS/rlb
940229
Jeronimo Martinez
Certified Letter No. : P 186 978 543
Legal Action No. : 93-058
July 21, 1993
Page 2
Failure to comply with the above, shall result in further legal actions as
specified in Weld County Individual Sewage Disposal System Regulations, as
follows, in part:
3.24 Penalties
Any person who commits any of the following acts or violates any of the
provisions of the regulations commits a Class I petty offense, as defined
in Section 18-1-107, CRS 1973.
A. Constructs, alters, installs, or permits the use of any individual
sewage disposal system, without first having applied for and
received a permit as provided for in 25-10-106, CRS 1973 or 25-10-
105
(1) (f) , CRS 1973.
If you should have any questions concerning this matter, please contact this
office at 353-0635.
Sincerel ,
491
John J. Milligan ack1VEnvironmental Protection Specialist Environmental Health
Weld County Health Department
JJM/JSF/cs-1388
cc: Randy Gordon, M.D. , M.P.H. , Director, Weld County Health Department
Lee Morrison, Assistant County Attorney
Keith Schuett, Weld County Planning Department
Ed Stoner, Weld County Building Inspection
940229
State of Colorado ) AFFIDAVIT OF SERVICE
) SS.
County of Weld
I , Edwin D. Stoner , hereby swear and affirm under the
penalty of purjury, that notice as shown by the attached copy, was given by
Mailing on 26thday of July , 1993
(mailing) (posting) (delivering)
If mailed, mailing, was certified mail , postage prepaid, return receipt
requested.
atior
SIGNED
Lead Combination Inspector
TITLE
Subscribed and sworn to before me this (961 day of J( ,
1913 - 6
. � .. Sher } (\P
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kutcyclnoLpp
tic
\ rub. :• i Notary -Public
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My Commission Expires : ["%c I4n .'-(, \qqc?-
9402 3
PARC TP: P PARCEL INQUIRY ASSMT YR: :199:3 ATIINC'22
PIN: 123»296 PAIR: 080127 0.;001 LAST UPDATE: 0=x/21/1991
MARTINEZ TOMAS ACTIVE ON: 09/16/1986
INACTIVE ON: / /
x JERONIMO MARTINEZ MAP#:
29006 WELD CO RD 66
GILL CO 60624
FAX AREA 074.3 . 080543 1992
DATE LAST ASSESS 04/19/1993
LAST ASSESS LAND 870
LAST ASSESS DLDOS 0
TOTAL LAST ASSESS 870 0100 870
PRIOR YEAR ASSESS
700 TOT
LAND 070
REC DT 03/17/77 DEED ..IF' 0.CD
NUMBER 7920 01713895 WOL
DOC F E E 0. 25
9776 L1-2-3 BLK2 GILL TOT BLDGS 0
TOTAL VALUE 870
F'F3: PROFILE PF5:LEGAL S PF7:NEXT NEXT PARCEL PF 1 1 :MENL!
F F4: OWNERS PF6: DOC HIST ST F'F 10: PLOC PF 1.2: REAL.
MESSAGE:
M).' a o--o001 01/016
940229
EPARTHENT OF PLANNING SERVICE
COMPLAINT REPORT
❑ Zoning Complaint Complaint Initiated by :
18 Building Code Complaint ,„[ Staff 0 Citizen ❑ Other
COMPLAINT RECEIVED BY J) 5 DATE:, 7-
LEGAL DESCRIPTION: /u t / e 3 r3/crk T
VIOLATION ADDRESS: 27Q// 27f/? A(-1
7 9L-O
Parcel n OR0/L7.3C)3cr,/ ATTACH COPY OF DEED l7/3g`i5
Property owner' s name: 73/41 M(rr//Nlez Tel. No.
Property owner's address: 7, J(*r )nhrv70 /4ir/uGz Z9Oo6 lirt12G6 (;:/// Arie
Tenant' s name and mailing address:
NATURE OF COMPLAINT:
/4A-7 fine:.., f D ,,,9 r;,;i /3/47 Nte),5./N f%mF
Nn /`��vr,�inc -/77, tevh6kit - N)1,1-3 a
4
ZONING COMPLAINT REFERRED TO: DATE:
BUILDING CODE COMPLAINT REFERRED TO: CDC DATE: ;7-/6-?3
CASE ASSIGNED TO: f nj DATE: j'- 23
ACTION OF INVESTIGATOR
Date(s) of Inspection: 7-/&,-V-3
• Inspedtion of property indicates:
❑ no violation of the Weld County ❑ Zoning ❑ Building Code Ordinance.
referred to: on
❑ no violation of the Weld County ❑ Zoning ❑ Building Code Ordinance .
Kviolations of the following sections of the ❑ Zoning NBuilding
Code Ordinance:
97 , 3. 7
ACTION ON COMPLAINT: ❑ No Action taken/no violation ❑ 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.
940229
j. EXHIBIT
INTERNAL CASE MEMORANDUM �-1
SC1j' 1`L3+
TO: Case File FROM: Edwin Stoner ems'
NAME: Thomas Martinez
LEGAL DESCRIPTION OF PROPERTY: Lot 1, 2, and 3, Block 2, Gill, Weld
County, Colorado.
DATE: November 15, 1993
CASE NUMBER: BCV-1934
There has been no change on the property since November 8, 1993.
In'.
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940229
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DEPARTMENT OF BUILDING INSPECTION
PHONE(303)353-3845, EXT. 3525
*: WELD COUNTY ADMINISTRATIVE OFFICES
,;;: 1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORADO
February 11, 1994
Thomas Martinez
c/o Jeronimo Martinez
29006 Weld County Road 66
Gill, CO 80624
Subject: BCV-1934 - Performance of demolition work on a parcel of land
described as Lots 1, 2, and 3, Block 2, Gill, Weld County, Colorado
located at 27011 27th Avenue, Gill, Colorado.
Dear Mr. Martinez:
The Weld County Board of County Commissioners has scheduled a hearing to consider
continuation of this case for demolition work to remove the dangerous building
on your property by the County or private contractor on Wednesday, February 16,
1994, starting at 9:00 a.m. This meeting will be held in the Board of County
Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915
Tenth Street, Greeley, Colorado.
Your presence, or your representative' s presence, would be helpful to the Board
of County Commissioners in case they have any questions when considering this
matter. This office is ready to be of any assistance in clarifying or answering
questions on this matter. Please call or write.
Sincerely,
f --
Edwin D. Stoner
Lead Combination Inspector
940229
CASE: BCV-1934
DATE: February 11, 1994
NAME: Thomas Martinez, c/o Jeronimo Martinez
ADDRESS: 29006 Weld County Road 66, Gill, CO 80624
LEGAL DESCRIPTION: Lot 1, 2, and 3, Block 2, Gill, Weld County, Colorado.
CASE SUMMARY
August 16, 1993 Letter sent with citation of dangerous building under
the Uniform Code for the Abatement of Dangerous
Buildings. Dangerous building ordered to be demolished
by September 22, 1993. Property owners waived appeal of
arder to :_demeh'et M 3 S 1 Y..- a `1
specified tune period. . . . -.- .. _ ..
August 16 , 1993 Property inspected.
October 15, 1993 Notice of hearing sent.
October 25, 1993 Notice of hearing sent.
November 8, 1993 Property inspected. No change from October 15, 1993,
inspection.
January 13, 1994 Removal of debris by the County delayed to February 5 ,
1994, at owners request.
February 7, 1994 Property inspected. 85% of debris removed.
The Department of Planning Services' staff recommends that the Board continue
this case for the removal of the debris from the demolition of the dangerous
building located on the property until March 1, 1994, at which time if the debris
is not removed the County will remove the remaining debris.
The staff would also recommend that the Board set April 20, 1994, as the hearing
date to consider recovering the cost of the demolition work by special assessment
or as a personal obligation of the property owners. On April 20, 1994, the staff
will present an itemized account of the expense incurred by Weld County to
complete the work on the property. t���w �
94022x=
940193
EXTRA PAGE. 001
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FEB 14 '94 12:51 3036699676 PAGE.001
940229
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FAX COVER SHEET
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JAN 13 '94 20:21 3036699676 PAGE.001
940229
INTERNAL CASE MEMORANDUM
TO: Case File FROM: Edwin Stoner
NAME: Thomas Martinez
LEGAL DESCRIPTION OF PROPERTY: Lot 1, 2, and 3, Block 2, Gill, Weld
County, Colorado.
DATE: January 11, 1994
CASE NUMBER: BCV-1934
Pat Persichino and Ed Stoner went to the property. I showed Pat what
debris needed to be removed.
s
940229
PL0073
PLEASE SEE
ORIGINAL FILE FOR
PHOTOS
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