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HomeMy WebLinkAbout960174.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MARVIN DHOOGE 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, Marvin Dhooge, VI #2246, 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 13th day of February, 1996, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Ann Dhooge, daughter-in-law of property owner, represented said property owner at said hearing, and WHEREAS,the Board of County Commissioners deems it advisable to delay referral of said violation to the Weld County Attorney's Office until April 1, 1996, to allow adequate time for the property owner to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff, and WHEREAS, the Board deems it advisable to proceed with legal action against the above named individual without further Board action if the subject property is not brought into compliance by April 1, 1996. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on April 1, 1996, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Marvin Dhooge 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. 960174 PL0824 : PL) CA; Dho VIOLATIONS -VI #2246 - DHOOGE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of February, A.D., 1996. T BOARD OF COUNTY COMMISSIONERS 75\Lk4 ����� WELD COUNTY, COLORADO Fxr`11SFD ,�c ri Barbara J. Kirkmeyer, Chi'� ' `( �O C my Clerk to the Board 4 x47,7-.--( - the eorge VBaxter Pro-Tem ��B --- - Deputy Clerk Board Dale K. Hall APP �--� l i -c. dW� F AS TO FORM: Constance L. Harbert / unt Attorney ` A iS40 20 W. H. Webster 960174 PL0824 GOotif DATE: February 5, 1996 VIOLATION NUMBER: VI-2246 NAME: Marvin Dhooge ADDRESS: 11660 U.S. Hwy 34 Greeley, Co. 80634 LEGAL DESCRIPTION: Part W2 NE4 of Section 12, Township 5, Range 67, Weld County, Colorado (095712000016) CASE SUMMARY: October 4, 1995 Complaint made and assigned to Susan McMullen. October 17, 1995 Property inspected. Property is in violation. October 18, 1995 Five-Day compliance encouragement letter sent. November 2, 1995 Property inspected, property is in violation. November 3, 1995 Zoning Violation notice sent. December 27,1995 Property inspected, property is in violation. January 26, 1996 Property inspected, property is in violation. January 26, 1996 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The unscreened noncommercial junkyard is a violation of Section(s) 3'1.2 and 31.3.9 of the Weld County Zoning Ordinance. To correct the violation the noncommercial junkyard needs to be removed or screened. If screening is the option of choice then a detailed screening plan needs to be submitted to the Department of Planning Services for review and approval before installation. The Department of Planning Services also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any person claiming an interest in the properties, and any persons acting in active concert with the identified parties. 960174 reit DEPARTMENT OF PLANNING SERVICES PHONE (303)353-6100,EXT.3540 1111111 FAX (303)352-6312 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY,COLORADO 80631 COLORADO January 26, 1996 Marvin Dhooge 11660 U.S. 34 Greeley, CO. 80634 Subject : VI-2246 Legal Description: Pt W2 NE4 of Section 12, Township 5, Range 67, Weld County, Colorado Dear Marvin Dhooge, 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 February 13, 1996 at 10:00 a.m. to consider the Zoning Violation occurring on your property. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth 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 violation. 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. The property will be reinspected February 12, 1996 If you have any questions concerning this matter, please call me. Sincerely, Susan cMu Yen Zoning Inspector pc: VI-2246 960174 la fermi Inspection Report COLORADO NAME: Marvin Dhooge LEGAL DESCRIPTION OF PROPERTY: Part of the W2 NE4 of Section 12, Township 5, Range 67, Weld County, Colorado (095712000016) DATE OF INSPECTION: January 26, 1996 CASE NUMBER: VI-2246 The property was inspected to determine compliance with section 31.2 and 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is an unscreened non-commercial junkyard located on the property. It consists of some derelict cars and some used building material. There has been a lot of clean-up done on the property. Marvin Dhooge told me that he hopes to get the rest of the scrap materials cleaned up this weekend. He also said he was having difficulty getting rid of the rest of the cars because they do not belong to him. may/ Susan MoMulleen Zoning Inspector pc: VI-2246 960174 • • Actstu--6 Inspection Report winep COLORADO NAME: Marvin Dhooge LEGAL DESCRIPTION OF PROPERTY: Pt W2 NE4 of Section 12,Township 5, Range 67, Weld County, Colorado DATE OF INSPECTION: December 27, 1995 CASE NUMBER: VI-2246 The property was inspected to determine compliance with section 31.2 and 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is a noncommercial junkyard located on the property. It consists of a pile of used materials including tires,metal, and wood. 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WNITW NrYlOI.twWra• Jwherr hear •a./..rr ' net C�awr arm • r �.l- 4 -PI V ,n _d.si IL. .P5µ4 --isM1 paa•.ay..pia..r r o.�.r _ i-0-- Ali '4 ,..�C. es IS fir Apra • .4, Ts oinee•anas a.esseisde bony so lin— el—Se 41 Maim Adams fat 'it Moon Tax Meow (, • • i• , /• -Abe _� .111,w t y 4Y sR�• ..L Ta� / liue•Mhn 3.1 Ti. #, 960174 y� ••pisa —44,..0-. eaa4.xd5,4w t`Y.AiP:. :+•4 aL'�. a.c Jw v,,, a$1*.i f4 . a. I 14':5- .i asai• a rtiiii.- --t-c N . DEPARTMENT OF PLANNING SERVICES PHONE (303)353-6100,EXT.3540 C FAX (303)352-6312 wilyWELD COUNTY ADMINISTRATIVE VE OFFICES 1400 N. 17TH AVENUE COLORADO GREELEY, COLORADO 80631 WELD COUNTY ZONING VIOLATION NOTICE November 3, 1995 Violation Number : VI-2246 • Marvin Dhooge 11660 U.S. Hwy 34 Greeley,Colorado 80634 Legal Description : Pt W2 NE4 of Section 12,Township 5, Range 67, Weld County,Colorado The uses on the above described property are being considered as a zoning violation of Section 31.2 and 31.3.9 of the Weld County Zoning Ordinance. An unscreened noncommercial junkyard is not a use allowed by right in the Agricultural zone district. The violation can be corrected by removing the noncommercial junkyard or by screening it. If screening is the option of choice then a detailed screening plan needs to be submitted to the Department of Planning Services for review and approval prior to installation. 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 November 3, 1995 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 call or write the Department of Planning Services' office. Sincerely Susan McMullen L /1 ,71 Zoning Inspector pc: VI-2246 960174 M'CtruRG 1Inspection Report Wine. p p COLORADO NAME: Marvin Dhooge LEGAL DESCRIPTION OF PROPERTY: Pt W2 NE4 of Section 12, Township 5, Range 67, Weld County, Colorado DATE OF INSPECTION: November 2, 1995 CASE NUMBER: VI-2246 The property was inspected to determine compliance with section 31.2 and 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There are several derelict cars still on the property. I did talk to the resident of the property Marvin Dhooge. He said that he is working on cleaning the property up. I did notice that some of the derelict vehicles had been removed. Marvin did say that he had contacted his sister about getting her to remove her vehicles. I did ask about the pile of used building materials. Marvin said that he was cleaning the area up by using the materials as firewood. I did tell him that I would be sending a thirty day violation compliance letter regarding the matter. 17/,71 Susan McMullen Zoning Inspector pc:VI-2246 960174 ' DEPARTMENT OF PLANNING SERVICES PHONE (303)353-6100,EXT.3540 FAX (303)352-6312 O WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE COLORADO GREELEY,COLORADO 80631 October 18, 1995 Kenneth E. Dhooge 11660 U.S. Hwy 34 Greeley, Colorado, 80634 Subject: C-95-130 Located on property described as Pt W2NE4 of Section 12, Township 5, Range 67, Weld County, Colorado Parcel: 095712000016 Dear Kenneth E. Dhooge: It has come to the attention of the Department of Planning Services' staff that the uses on your property (11660 U.S. Hwy 34) may not be in compliance with the Weld County Zoning Ordinance, 31.2 and 31.3.9. The potential noncompliance with the zoning ordinance is an unscreened noncommercial junkyard in an Agricultural Zone. The noncommercial junkyard consists of several derelict vehicles and used building material. In order to bring the property into compliance the noncommercial junkyard needs to be removed or screened. If screening is the option of choice then a detailed screening plan needs to be submitted to the Department of Planning Services for review and approval prior to installation. Please call me within five working days of the date of this letter to review the concerns with me. Sincerely, Susan McMullen /G f Zoning Inspector pc: C-95-130 SERVICE,TEAMWORK,INTEGRITY,QUALITY 960174 iito1� '1*1 wukInspection Report COLORADO NAME: Kenneth E. Dhooge LEGAL DESCRIPTION OF PROPERTY: Pt W2NE4 of Section 12, Township 5, Range 67, Weld County, Colorado DATE OF INSPECTION: October 17, 1995 CASE NUMBER: C-95-130 The property was inspected to determine compliance with section 31.2, 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is a noncommercial junkyard consisting of several derelict vehicles and some used building materials. The building materials look like they are from some type of structure that has fallen apart. In order to bring the property into compliance the noncommercial junkyard needs to be removed or screened. If screening is the option of choice then a detailed screening plan needs to be submitted to the Department of Planning Services for review and approval prior to installation. /7l// C Susan McMullen Zoning Inspector pc: C-95-130 960174 PARC TP: R PARCEL INQUIRY ASS" ' YR: 1995 ATIIN022 PIN: 1610486 PARC: 095712000016 LAST UPDATE: 03/27/1995 DHOOGE KENNETH E ACTIVE ON: 09/16/1986 INACTIVE ON: / / %KENNETH & ANN DHOOGE MAP# : 2180 11660 US HWY 34 GREELEY CO 80634 TAX AREA 0429 . 076610 1994 DATE LAST ASSESS 04/21/1995 LAST ASSESS LAND 2100 LAST ASSESS BLDGS 10 TOTAL LAST ASSESS 2110 1135 2080 PRIOR YEAR ASSESS 140 TOT LAND 2080 REC DT DEED TP NUMBER WOL DOC FEE 0 . 00 4279 10 k$22564 PT 2NE4 12 5 67 BEG AT NE COR W2NE4 S240 ' TOT BLDGS 10 W147 ' N24 ' E147 ' TO BEG TOTAL VALUE 2090 PF3 : PROF LE PF5 :LEGALS PF7 :NEXT PARCEL PF11 :MENU PF4 : OWNS S PF6 :DOC HIST PF10 :PLOC PF12 :REAL MESSAGE: / Q O1/7 960174 Alt avol DEPARTMENT OF PLANNING SERVICES I D C. COMPLAINT REPORT COLORADO Jsr ZONING COMPLAINT Complaint Initiated by: o BUILDING CODE COMPLAINT JJ kStaff o Citizen -❑ Other // LEGAL DESCRIPTION: /0 Si Q'LGtvz "GU /7' J/ l�,boX- ,44" its VIOLATION ADDRESS: Parcel# ATTACH COPY OF DEED Property Owner's Name: Phone# Property Owners Address: Tenant's Name and Mailing Address: NATURE OF COMPLAINT: Zoning Complaint Referred To: 4 1711,W;AX Date: A0,0 V 9 T Building Code Complaint Referred To: Date: Case Assigned To: Date: ACTION OF INVESTIGATOR: Date of Inspection: / 7 q c 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 o Zoning / ❑ Building Code Ordinance ❑ Violations of the following Sections of the o Zoning ❑Building Code Ordinance ACTION ON COMPLAINT: o 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. 960174 Hello