HomeMy WebLinkAbout980055 HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
A public hearing was conducted on January 13, 1998, at 10:00 a.m., with the following present:
Constance L. Harbert, Chair
W. H. Webster, Pro-Tem
George E. Baxter- EXCUSED
Dale K. Hall
Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Lin Dodge
County Attorney, Bruce Barker
Planning Department representative, Julie Chester
Planning Department representative, Sharyn Frazer
Planning Department representative, Todd Hodges
Building Inspection representative, Dave Sprague
The following business was transacted:
I hereby certify that a public hearing was conducted to consider whether to authorize the County
Attorney to proceed with legal action against the individuals named for violations of the Weld
County Building Code and Zoning Ordinances. Cases were heard as follows.
VI #9700102 - Paul and Caroline Sierra: Julie Chester, Department of Planning Services,
presented the case file for the record stating the noncommercial junkyard on the property consists
of one derelict vehicle and miscellaneous used car parts and used building materials. Ms. Chester
explained that Paul and Caroline Sierra, subject property owners, had filed a complaint against their
neighbor to the west for having too many animals and, when staff inspected that property, the
owner filed this complaint against the Sierras. She played a video of the property taken
January 12, 1998, and reported she and Todd Hodges, Lead Planner, have met with and discussed
the revised screening plan with the property owners, as well as the violation process. She
explained that to date, the screening plan has not been implemented. Ms. Chester added that this
property is adjacent on the north to a commercial junkyard and, even though the properties are
separated by a chain-link fence, it appears from the public right-of-way the derelict vehicles in the
junkyard are on the subject property. Caroline Sierra, subject property owner, was present and
questioned why the County considers their few cars a junkyard when the actual junkyard on 49th
Street is clearly visible from the street and people often stop at their home to inquire about it. Paul
Sierra, property owner, was also present and stated he does not understand that when rich people
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have old cars on their property, they are called antiques; but when poor people have old cars on
their property, they are called "junk." He explained one vehicle belonged to his brother who died
last November and he has not decided what to do with it, and he wants to keep the 1953 Mercury
for parts. Mr. Sierra further questioned the violation since all the items being called a
noncommercial junkyard are lined up neatly against the fence. He stated he plans to finish
cleaning up the property; however, because of his ill health and long working hours, progress has
been slow. He indicated he still wants to put up a privacy fence on the west side of his property
with evergreens in front. Mr. Sierra reiterated his concerns about noise, health, and smells from
the many animals on the neighboring property. He stated he has lived on the subject property
since 1960 and wants to do the right thing; however, he feels the County is being unfair in the
requirements necessary to bring the property into compliance. Chair Harbert commended the
Sierras on the progress made in the past six months and questioned whether they would be able
to remove the remaining noncommercial junkyard items within 90 days. Mr. Sierra responded that
he cannot work outside in the cold weather, he goes to and returns from his job in the dark, and
it might take him up to two years to finish the work on the property. Responding to Commissioner
Kirkmeyer, Mr. Sierra indicated he could try to have the fence started by April. In response again
to Commissioner Kirkmeyer, Mrs. Sierra stated she has consulted with the horticulturist at West
High School and they cannot plant the evergreens until spring. Todd Hodges, Department of
Planning Services, stated if the Sierras will get a list of suggested evergreen species from the
horticulturist, he will meet with them to discuss the species acceptable for screening. Responding
to Mrs. Sierra, Mr. Hodges stated he initially advised the Sierras to get three-to four-foot trees and
wait until fall to plant. Commissioner Kirkmeyer concurred that fall would be better for planting the
trees, as well as less costly at that time. Further discussion followed regarding the screening and
Chair Harbert advised the Sierras to develop a plan with the horticulturist and submit it to the
Planning Department. No further public comment was offered. Commissioner Kirkmeyer moved
to refer VI#9700102 against Paul and Caroline Sierra to the County Attorney and to delay any legal
action for 120 days to allow adequate time for the property owners to complete the cleanup and
implement the screening plan. The motion was seconded by Commissioner Webster, and carried
unanimously.
VI #9700114 - Carmen and Billy Mata (con't from 10/14/97): Dave Sprague, Lead Building
Inspector, reviewed the case report for the record and indicated the dangerous building remains
on the property and is in violation of Section 302(4) of the Uniform Building Code for the Abatement
of Dangerous Buildings. He showed a video of the property taken January 12, 1998, and reported
that Billy Mata, property owner, has posted and screened the building as directed by the Board in
October 1997, and estimates for removal and disposal of asbestos and demolition have been
obtained. He stated that Risk Removal of Fort Collins will remove and dispose of the asbestos
siding for $4,875 and it will cost Public Works approximately $8,000 to $9,000 to demolish the
structure after asbestos removal and haul the debris. Mr. Sprague stated the Assessor values the
property with the house at $14,280, and $1,406 without the structure. Billy Mata, property owner,
was present and Chair Harbert questioned what plan he has made to complete the abatement of
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the dangerous building. Mr. Mata stated that finances are still a problem, however, his mother has
indicated her willingness to help. He indicated he has contacted a firm in Denver that will remove
the asbestos siding for between $200 and $1,000 and he can take it to the dump himself. Mr. Mata
also informed the Board he has a potential buyer for the property, but will not know definitely until
March 1998; therefore, requested an extension until at least the end of March. No public comment
was offered. Commissioner Hall moved to refer VI #9700114 against Carmen and Billy Mata to the
County Attorney and delay any legal action until April 1, 1998, to allow the property owners
adequate time to complete the abatement of dangerous building process. Commissioner
Kirkmeyer seconded the motion, which carried unanimously.
VI #9700101 - Dale and Marlene Fred: Ms. Chester reported this case closed.
VI #9700149 - Jerry and David Faulk: Ms. Chester reviewed the case file for the record and
stated the unpermitted mobile home and addition to the primary residence are in violation of
Sections 31.2, 31.2.1, and 43 of the Weld County Zoning Ordinance. She indicated that to date
no permits have been applied for and the property owners have not contacted staff. Ms. Chester
reported the gate to the property was locked and two large dogs were on the premises when she
attempted to inspect the property January 12, 1998; and she recommended referral for legal action.
The property owners were neither present nor represented at this hearing. No public comment was
offered. Motion was made by Commissioner Hall and seconded by Commissioner Kirkmeyer to
refer VI #9700149 against Jerry and David Faulk to the County Attorney for legal action. The
motion carried unanimously.
VI #9700195-Harvey and Gladys Wollert: Ms. Chester reviewed the case file for the record and
reported a large number of dogs and cats being kept on the property in violation of Sections 31.2,
31.3, 31.4, and 31.4.8 of the Weld County Zoning Ordinance. She explained only four cats and
four dogs are allowed on the property by Ordinance or a special use permit for a kennel must be
obtained. Ms. Chester indicated property owners have not allowed Planning or Health Department
staff to enter the property; however, she has observed at least ten cats and six dogs in the yard
from the right-of-way and she believes more dogs and cats to be inside the residence. Bruce
Barker, County Attorney, responded to Ms. Chester's inquiry regarding gaining access to the
residence and stated a charge of cruelty to animals, which is a Class 1 Misdemeanor, would be
necessary to gain access and his office would follow up on the appropriate charge if referred by
the Board. The property owners were not present or represented at this hearing and no public
comment was offered. Ms. Chester added that the Health Department has had concerns as to
whether small children are living at the residence. Commissioner Kirkmeyer moved to refer VI
#9700195 against Harvey and Gladys Wollert to the County Attorney for legal action. The motion
was seconded by Commissioner Hall and carried unanimously.
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RE: HEARING CERTIFICATION - BUILDING CODE AND ZONING VIOLATIONS
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VI #9600096 - Jose Mendoza: Mr. Sprague explained this case has been rescheduled for
February 10, 1998, because the property owner was not noticed properly.
This Certification was approved on the 19th day of January, 1998.
APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLQRADO
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