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Home My WebLink About981226.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JACOB AND BETTY DAWSON 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, Jacob and Betty Dawson, VI #9700201, 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 14th day of July, 1998, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jacob and Betty Dawson, 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 September 14, 1998, 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 Weld County, Colorado, that said violation be, and hereby is, referred to the Weld County Attorney's Office for legal action against Jacob and Betty Dawson 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 September 14, 1998, to allow adequate time for the property owner*s to bring the subject property into compliance. 981226 PL0824 PA. ' ,n VIOLATIONS -VI #9700201 - JACOB AND BETTY DAWSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: itaiX EXCUSED Constance L. Harbert, Chair Weld County Clerk i ..� • e...0 1WAla9 ~'��►�� W. H.£ eo- m BY: e?-% Deputy Clerk to t 61c,' EXCUSED '�►...�,rl rge E. Baxter AP ED AS TO F RM: Dale K. Hall o ty At ey XCUSED DATE OF APPROVAL (AYE) Barbara J. Kirkmeyer 981226 PL0824 DATE:July 14, 1998 VIOLATION NUMBER: VI-9700201 NAME:Jacob and Betty Dawson ADDRESS: 511 Highway 85, Brighton, CO 80601 LEGAL DESCRIPTION: Part of the S2 of Section 31, Ti N, R66W of the 6th P.M., Weld County, Colorado. PARCEL NUMBER: 1471 31 000034 CASE SUMMARY January 27, 1998 Initial complaint received. Noncommercial junkyard (appliances, furniture, derelict vehicles, tires, miscellaneous household trash, junk and debris), possible kennel operation, and number of animal units. January 29, 1998 Site Inspection conducted by Sharyn Frazer, Zoning Compliance Officer. Spoke with Mr. Dawson on the property and pointed out the items that constituted a noncommercial junkyard. There is no kennel operation and he is within his limits for number of animal units allowed on 28 acres. I explained to Mr. Dawson that our office would work with him to allow adequate time to address the violation. March 12, 1998 Progress inspection. The property is still in violation. March 12, 1998 Thirty day letter sent. March 24, 1998 Progress inspection. Very little progress has been made. June 19, 1998 Letter sent scheduling Mr. Dawson to appear before the Board of County Commissioners Violation Hearings on July 14, 1998, at 10:00 a.m. July 7, 1998 Telephone call between Sharyn. Frazer, Zoning Compliance Officer and Mr. Jake Dawson. A site inspection was scheduled for the next day. July 8, 1998 Conducted a site inspection of the property with Mr. Dawson and his family. He has made remarkable progress in cleaning up the front of the property. They are still working on the remainder of the noncommercial junkyard. I explained that he still needs to appear before the Board of County Commissioners on July 14, 1998, at 10:00 a.m. The noncommercial junkyard is still located on the property,therefore is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. To bring the property into compliance the noncommercial junkyard must be removed from the property or screened from all adjacent properties and public rights of way. 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. 981226 PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 07/09/98 Additional Notations for Inspection item: 00400 Violation Permit No: VI-9700201 Owner: DAWSON JACOB J & BETTY L Status: ISSUED Location: 511 HIGHWAY 85 Line Insp. Date Text 1 07/09/98 I MET WITH MR. DAWSON, HIS DAUGHTER AND GRAND DAUGHTER ON 2 07/09/98 THE PROPERTY YESTERDAY 7-8-98. THERE HAS BEEN A REMARKABLE 3 07/09/98 AMOUNT OF PROGRESS ON THE FRONT OF THE PROPERTY. WE 4 07/09/98 DISCUSSED THE ITEMS STILL REMAINING ON THE PROPERTY THAT 5 07/09/98 NEED TO BE ADDRESSED. I EXPLAINED TO MR. DAWSON THAT HE 6 07/09/98 WOULD STILL NEED TO APPEAR AT THE VIOLATION HEARINGS AND 7 07/09/98 ADDRESS THE BCC. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. PERMITS .- :- 0 Keyword: UACT User: SFRAZER 07/07/98 Additi ' ns-for Ins ction item: 00404 Violation Permi No: VI-9700201 Owner: DAWSON JACOB J & BETTY L St • ISSUED Location: 511 HIGHWAY 85 Line Insp. Date Text 1 07/07/98 RETURNED MR. DAWSON'S CALL 7-7-98. HE WANTED FURTHER 2 07/07/98 CLARIFICATION AS TO EXACTLY WHAT STILL NEEDED TO BE DONE. 3 07/07/98 I MADE AN APPOINTMENT TO MEET WITH HIM ON THE PROPERTY 4 07/07/98 WEDNESDAY 7-8-98 AT 9:00 A.M. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 06/18/98 Additional Notations for Inspection item: 00400 Violation Permit No: VI-9700201 Owner: DAWSON JACOB J & BETTY L Status: ISSUED Location: 511 HIGHWAY 85 Line Insp. Date Text 1 06/18/98 THE PROPERTY IS STILL IN VIOLATION. VERY LITTLE PROGRESS 2 06/18/98 HAS BEEN MADE. MOBILE HOMES (PARTS AND PIECES) BUSES, 3 06/18/98 DERELICT VEHICLES, MISCELLANEOUS DEBRIS ARE ALL OVER THE 4 06/18/98 PROPERTY. I WILL SCHEDULE MR. DAWSON TO APPEAR BEFORE THE 5 06/18/98 BCC ON JULY 14, 1998. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. REPT131 WELD COUNT` - PAGE 1 03/24/98 09:37 REQUESTS FOR INSPECTION WORK SHEETS FOR: 3/24/98 AREA: SEF Activity: VI-9700201 3/24/98 Type: VIO Status: COMPLNT Constr: VI Address: Location: 511 HIGHWAY 85 Parcel: 1471 31 000034 Occ: Use: Description: COMPLAINT: KENNEL W/O APPROPRIATE PERMITS Applicant: Phone: Owner: DAWSON JACOB J & BETTY L Phone: Contractor: Phone: Inspection Request Information Requestor: SHARYN FRAZER Phone: Req Time: Comments: PROGRESS INSPECTION Items requested to be Inspected... Action Comments Time Exp 00400 SITE INSPECTION _ n� . h Done - V 1t YLie. pyactr24,0 Inspection History Item: 00400 SITE INSPECTION 03/12/98 Inspector: SEF Action: VI PROGRESS INSPECTION Notes: CONDUCTED A PROGRESS INSPECTION FROM THE ROAD RIGHT-OF-WA ON MARCH 11, 1998. THE PROPERTY IS STILL IN VIOLATION OF SECTIONS 31.2, 31.3.9 AND 43 OF THE WELD COUNTY ZONING ORDINANCE. A NONCOMMERCIAL JUNKYARD CONSISTING OF DERELI VEHICLES, APPLIANCES, TIRES, USED FENCING, MISC. HOUSEHOL TRASH, AND CAR PARTS REMAIN ON THE PROPERTY. THERE IS AL A MOBILE HOME LOCATED ON THE PROPERTY WITHOUT PERMITS. DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 363-6100, Ext. 3540 Fax: (970) 352-6312 Dc COLORADO WELD COUNTY ZONING VIOLATION NOTICE March 12, 1998 Mr.Jacob Dawson 511 Highway 85 Brighton, CO 80601 Subject: VI-9700201, Part of the S2 of Section 31, T1 N, R66W of the 6th P.M., Weld County, Colorado. Dear Mr. Dawson: The uses on the above described property are being considered as a zoning violation of Sections 31.2, 31.3.9 and 43 of the Weld County Zoning Ordinance. I inspected the property from the road right-of-way on March 11, 1998. The noncommercial junkyard consisting of appliances, furniture,carpet,tires,derelict vehicles,car parts, buses, used fencing materials, and miscellaneous household trash is still located on the property. There is also a mobile home located on the property without the appropriate permits. I also noticed an attempt at screening some of the debris. A screening plan must be submitted to the Department of Planning Services for our review and approval. In my letter dated January 29, 1998, I stated that our office is willing to work with you to bring the property into compliance and 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 March 12, 1998,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. i terely, ryn Zoning Compliance Officer pc: VI-9700201 SERVICE,TEAMWORK,INTEGRITY,QUALITY PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 03/12/98 Additional Notations for Inspection item: 00400 Violation Permit No: VI-9700201 Owner: DAWSON JACOB J & BETTY L Status: COMPLNT Location: 511 HIGHWAY 85 Line Insp. Date Text 1 03/12/98 CONDUCTED A PROGRESS INSPECTION FROM THE ROAD RIGHT-OF-WAY 2 03/12/98 ON MARCH 11, 1998. THE PROPERTY IS STILL IN VIOLATION OF 3 03/12/98 SECTIONS 31.2, 31.3.9 AND 43 OF THE WELD COUNTY ZONING 4 03/12/98 ORDINANCE. A NONCOMMERCIAL JUNKYARD CONSISTING OF DERELICT 5 03/12/98 VEHICLES, APPLIANCES, TIRES, USED FENCING, MISC. HOUSEHOLD 6 03/12/98 TRASH, AND CAR PARTS REMAIN ON THE PROPERTY. THERE IS ALSO 7 03/12/98 A MOBILE HOME LOCATED ON THE PROPERTY WITHOUT PERMITS. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 352-6312 • COLORADO January 29, 1998 Jacob Dawson • 511 Highway 85 Brighton, CO 80601 Subject: VI-9700201, Part of the S2 of Section 31, T1 N, R66W of the 6th P.M.,Weld County, Colorado. Dear Mr. Dawson: It has come to the attention of the Department of Planning Services' staff that the uses on your property (511 Highway 85) may not be in compliance with the Weld County Zoning Ordinance. After conducting a site inspection is has been determined that a noncommercial junkyard consisting of appliances, furniture, carpet, tires, derelict vehicles, car parts, used fencing, miscellaneous household trash, any mobile homes that are not permitted, and debris is located on the property. We discussed how you would need to proceed in order to bring the property into compliance. The Department of Planning Services is prepared to give you adequate time once the weather remains warm enough to start clean up activities on the property. I will conduct another site inspection in approximately 45 days, to ensure work is progressing. If you have any questions, please contact me at the above address and phone number. 'neerely, Sharyn Fr er Zoning Compliance Officer pc: VI-9700201 SERVICE,TEAMWORK,INTEGRITY,QUALITY x ' ', I's rs J l I 1. , z ' J W 0 J II. U Z '. 4 t £`t , 1 i 1` i x } i3 • .3 i, . .. ...... , 1 , _....., .., , , , CD 4 O ' ' ELL f • i • 1 Y • t r' k N , . O z. Li! ,.-.....,,, ,, 1 , ....,,, v. i, , ...;„ , i. ,, , , 1 .f.., . 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Fes% a f gYitlt F , t N • s • � � grie, F� REPT131 WELD COUNTY, Cu PAGE 5 01/27/98 08:18 REQUESTS FOR INSPECTION WORK SHEETS FOR: 1/27/98 AREA: SEF Activity: VI-9700201 1/27/98 Type: VIO Status: COMPLNT Constr: VI Address: Location: 511 HIGHWAY 85 Parcel: 1471 31 000034 Occ: Use: Description: COMPLAINT: KENNEL W/O APPROPRIATE PERMITS Applicant: Phone: Owner: DAWSON JACOB J & BETTY L Phone: Contractor: Phone: Inspection Request Information Requestor: SHARYN FRAZER Phone: Req Time: Comments: KENNEL W/O APPROPRIATE PERMITS ^! ~ 'U Items requested to be Inspected... Action_Gomments Time Exp - r\yc 00400 SITE INSPECTION '''''' ---:::+-1r/� LArrli °/6e-21/) A \0` I In pection History it,t;Vre-A/) IC1-4A-4:71A-4-V-71 -1 -'e) -Cf2—' kA257K„4! (/'- 10Q- A--C,/‘ va ce,,,_ pe(AP-- ) /A i LA/3 -d .._ b.'"Itt . aL473 (1., )u.c34.../t/C)--' 14,0-41_04 C---)1_0(44,_ cli.fr-14 k) CLX4ID'Ac:A, ) ---- c_4----yt.L/1;-631/ ----) 4- G1,), a)(„T ,+ / Oo/oe,31s ,AtcoQ0 - 90 1,2K.e.tp YA" .D-__ v , ( k-- t--1..erzs (--tcl-c- Vt--6tz (A)/O (L-c-Q-Q---iA-4--c I Permit No VI-9700201 DATA SHEET Page: 1 COMPLAINT 11/20/97 07:47 Data: Full Description Description: COMPLAINT: KENNEL W/O APPROPRIATE PERMITS Data: Process Tables Screen No: 01 Base Information Parcel No: 1471 31 000034 Owner: DAWSON JACOB J & BETTY L Status: COMPLNT Written By: JAC Sec/Twn/Rng: 31 01 66 Description: COMPLAINT: KENNEL W/O APPROPRIATE PERMI Location: 511 HIGHWAY 85 Zoning Dist: AGRICULTURAL Permit Num: App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi") Class Code: VI-8 kennel Complaint: 11/20/1997 Init: JAC NO VI: 00/00/0000 Init: 5 Day Letter: 00/00/0000 Init: Issued: 00/00/0000 Init: Inspection: 00/00/0000 Init: BCC Vio: 00/00/0000 Init: Court: 00/00/0000 Init: Closed BCV: 00/00/0000 Init: Closed VI: 00/00/0000 Init: Screen No: 02 Zoning Information Parcel No :1471 31 000034 Legal Descr:16016D PT S2 31 1 66 BEG SW COR E2017.96' N23D08'E 177.95' T Owner Name :DAWSON JACOB J & BETTY L Date:00/00/0000 Verified: Setbacks N: S: E: W: Req by Zoning Sec Twn Rng:31 01 66 Notes: Zoning Dist:AGRICULTURAL Acres .00 ** 1=Yes, 2=No, 3=Appr/Cond Met, 4=Appr/Cond Not Met ** Legal Lot ¶ Site Plan Review SPR Prior to Zoning Yr ¶ Board of Adjustment BOA t 80 Acres ¶ Non-Conforming Use NCU Rec Exemption RE ¶ Flood Hazard Dev FHDP Sub Exemption SE ¶ Geological Hazard GHP Use Spec Review USR ¶ Accessory Dwelling ZPAD Planned Unit Dev PUD ¶ Subdivision S ¶ Change of Zone COZ ¶ Violation VI Screen No: 03 Violation 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-9700201 DATA SHEET Page: 2 COMPLAINT 11/20/97 07:47 Data: Process Tables Continued... Ordinance Section: For Case Summary - To bring property into compliance... Data: People OWNER DAWSON JACOB J & BETTY L 11/20/97 511 U S HWY 85 BRIGHTON CO 80601 Data: Conditions Data: Comments Data: Inspections Item: 00404 TELEPHONE CALL Dept: Division: Item: 00405 LETTER Dept: Division: Item: 00400 SITE INSPECTION Dept: Division: 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 Data: Addresses Data: Parcels 147131000034 / / PERMITS Id: ASSR100M Keyword: @ASSRD User: JCHESTER 11/20/97 Parcel General Information Maintenance General Parcel Data Maint - Action: Inspect a Record Parcel No: 1471 31 000034 Rg Ts Sec : 660131 Status: A Active Retired(Y/N): N Street Address: Dir: St: City: Situs Location: Legal Desc: 16016D PT S2 31 1 66 BEG SW COR E2017.96' Acres: 24.00 X-COORD: Y-COORD: Tax Rate Area: 2027 Assr Use Code: 6288286 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: DAWSON JACOB J & BETTY L Phone: Mailing Addr: 511 U S HWY 85 BRIGHTON CO Zip: 80601 Contract Owner: Percent/Ownership: .00 *** Press any key to continue *** PERMITS Id: ASSR100D Keyword: @ASSRD User: JCHESTER 11/20/97 Parcel Legal Description Maintenance Parcel Legal Description - Action: Inspect Page: 1 16016D PT S2 31 1 66 BEG SW COR E2017.96' N23D08'E 177.95' THENCE ON CURVE TO RIGHT RADIUS 5805' CHORD BEARS N14D36'E 393.35' N16D36'E 1164.88' TO TRUE PT OF BEG N16D36'E 891.92' N11D55'E 122.74' S89D59'W 786.27' S60D42'W 505.58' S38D25'W 219.61' S7D09'W 202.45' S5D26'E 335.33' S3D14'W 22.7' E1093.4' M/L TO TRUE PT OF BEG (4R) Parcel: 1471 31 000034 Use: 6288286 Owner: DAWSON JACOB J & BETTY L Situs: Acres: 24.00 Legal: 16016D PT S2 31 1 66 BEG SW COR E2017.96' F2tNext Page, _F3tPrev Page, _ESC¢Exit gglia01(4° Hello