HomeMy WebLinkAbout961384.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
A public hearing was conducted on August 13, 1996, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tem
Commissioner Dale K. Hall - EXCUSED
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Lin Dodge
County Attorney, Bruce Barker
Planning Department representative, Julie Chester
Planning Department representative, Roger Vigil
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 #9600047 -Jose and Berta Castro: Roger Vigil, Department of Planning Services, presented
the case report for the record and indicated the unvented gas room heater and gas water heater
are violations of Section 92.3.5 of the Weld County Building Code violations. He stated Greeley
Gas Company shut off and locked the gas meter in April and, as of his inspection August 12, 1996,
the meter was still locked. He noted no one was home on said inspection date and no corrections
have been made on the outside of the residence. The property owners were neither present nor
represented at this hearing. No public comment was offered. Commissioner Baxter moved to refer
VI #9600047 against Jose and Berta Castro to the County Attorney for legal action. The motion
was seconded by Commissioner Harbert and carried unanimously.
VI #9600056 - Roland and Marlena Murren: Julie Chester, Department of Planning Services,
presented the case report for the record. She stated the noncommercial junkyard consisting of
used building material, derelict vehicles, and used tires and car parts is a violation of Sections 31.2
and 31.3.9 of the Weld County Zoning Ordinance. She presented a video of the property taken
August 12, 1996, and indicated Mr. Murren has hired a man to help him remove the used building
material and, to date, considerable progress has been made. She stated she spoke with Mr.
Murren regarding what remains to be done and his options for storing and screening the building
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material. Roland Murren, property owner, was present and stated he is in the process of licensing
the remaining vehicles. Responding to Commissioner Harbert, Mr. Murren indicated he uses the
building material and wood and could have most of the cleanup done by September 1, 1996. Chair
Kirkmeyer encouraged his continued cooperation with staff and to consider the various methods
of storing material. No public comment was offered. Commissioner Harbert moved to delay
referral of VI #9600056 against Roland and Marlena Murren to the County Attorney for legal action
for 45 days to allow the property owners time to complete the cleanup. Commissioner Webster
seconded the motion which carried unanimously.
VI #9600069 - Robert Lee Mosher: Ms. Chester reviewed the case for the record and stated the
noncommercial junkyard is in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning
Ordinance and is visible from Weld County Roads 19 and 88. Ms. Chester stated she has not been
allowed to inspect the property and the initial complaint also indicated at least twelve dogs were
being kept on the property; however, on the August 12, 1996 inspection attempt, she could see
only six from the road. She also indicated right-of-way on Weld County Road 88 has been
questioned and Clerk to the Board records verify County right-of-way going approximately one-half-
mile onto the property. Ms. Chester further explained she and Keith Schuett met with Mr. Mosher
at the Planning office in May 1996, and attempted to explain the violations and what to do to correct
them; however, Mr. Mosher indicated at that time he did not agree that the property was in violation
and he would not allow anyone to inspect the property. Robert Mosher, property owner, was
present and reiterated his property is posted for no trespassing and would not allow any inspection
without a warrant. Responding to the Board, Mr. Mosher indicated he owns and resides on the
subject property with his mother, Emma Mosher. He also recited the makes and years of the
derelict vehicles on his property which he claims are antiques and worth more than he has been
offered to date. After further discussion, Bruce Barker, County Attorney, verified the right-of-way
between Weld County Roads 15 and 19 was vacated in the early 1980s. He clarified for the Board
that the violation action starts as a civil proceeding and the courts will only appoint a lawyer for the
defendant in case of contempt. Emma Mosher, Mr. Mosher's mother, was present and stated she
has owned and lived on the property for approximately forty years and reiterated the right-of-way
complaints. Mr. Mosher stated he and his mother are being harassed and affirmed he did not
have a junkyard on his property. Discussion followed in which Mr. Murren rebuked the Board's
numerous suggestions for resolution of the matter. Tammy Swartz, Fort Lupton, stated she
sympathized with the Moshers and offered to help them cleanup their property. After further
discussion, Commissioner Harbert commended Ms. Swartz for her offer of assistance and moved
to delay referral of VI #9600069 to the County Attorney for legal action for one year. Commissioner
Baxter seconded the motion, which carried unanimously. Commissioner Harbert then reminded
Mr. Mosher her motion to defer for that long a period was very unusual as well as lenient and with
some help the Moshers will hopefully bring the property into compliance. Commissioner Baxter
explained the Board does not wish to harass or discriminate against Mr. Mosher or his mother, but
since a complaint was made, it is obligated to seek equitable resolutions to bring the property into
compliance with the Zoning Ordinance and urged Mr. Mosher to make an effort to comply.
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Commissioner Webster suggested various government and charitable agencies might be of
assistance to the Moshers.
VI #9600074 - Barbara Saint: Ms. Chester presented the case report for the record and explained
the noncommercial junkyard located on the subject property is a violation of Sections 32.6.2 and
32.6.3.1 of the Weld County Zoning Ordinance. She further explained that a noncommercial
junkyard is not a use allowed by right in the R-5 zone and showed a video of the property taken
August 12, 1996. Ms. Chester indicated that some progress has been made; however, it appears
some of the material has been moved from the front to the back yard and derelict vehicles, debris
and miscellaneous junk remain on the subject property. Gary Saint, the property owner's son, was
present and indicated he has made arrangements for the remaining vehicle. Responding to
Commissioner Harbert, he stated since he and his brother both work, it will probably take another
sixty days to finish the cleanup. No further public comment was offered. Commissioner Harbert
moved to delay referral of VI #9600074 against Barbara Saint to the County Attorney for legal
action for sixty days to allow the property owner to complete the cleanup. The motion was
seconded by Commissioner Webster and carried unanimously.
VI #9600082 - Donald and Sandra Williams/Tammy Swartz: Ms. Chester reviewed the case
report for the record and showed a video of the property taken August 12, 1996. She indicated the
noncommercial junkyard on the property consists of several derelict vehicles, used building
material, and miscellaneous items and is in violation of Sections 31.2 and 31.3.9 of the Weld
County Zoning Ordinance. Ms. Chester reported a race car was stored on the property and
requested legal input from Mr. Barker as to licensing requirement. Tammy Swartz, tenant, was
present and stated the wood stored on the property is from construction sites her husband works
on and it is used and replaced continually. She stated they plan to build a fence from the used
wood to screen the property. Ms. Swartz indicated they have always kept the weeds down on the
property and stack the wood in neat piles; therefore, is frustrated by the violation citation. She also
stated they run the race car only at Erie race track and, according to the Department of Motor
Vehicles, it does not require a license. Mr. Barker clarified the Board's previous decision was that
if two or more race cars were being stored in the R-1 zone, they had to be screened or stored in
a building. Chair Kirkmeyer verified that if the race car were screened, there would be no problem.
No further public comment was made. Commissioner Harbert moved to delay referral of
VI #9600082 against Donald and Sandra Williams and Tammy Swartz to the County Attorney for
legal action for 45 days to allow the tenant sufficient time to complete the screening and finish
cleanup of the subject property. Commissioner Baxter seconded the motion, which carried
unanimously.
VI #9600103 - Paul and Lupe Martinez/Sheri Barcelona: Ms. Chester reviewed the case report
for the record. She stated the noncommercial junkyard that was located on the property consisted
of large amounts of trash, derelict vehicles, and miscellaneous junk is a violation of Sections 31.2
and 31.3.9 of the Weld County Zoning Ordinance. Ms. Chester reported the Health Department
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also inspected the property and had concerns regarding the large amount of trash dumped on the
south side (back) of the property and about the septic tank which needed to be replaced. She
stated the current tenants, Paul and Sheri Barcelona have been very cooperative and have worked
hard to clean up the subject property. Ms. Chester indicated this property was one of the worst in
the area and is now approximately 80% finished. Sheri Barcelona, tenant, was present and
requested sixty days to complete the cleanup and repair and license the remaining vehicles. No
further public comment was offered. Chair Kirkmeyer thanked Ms. Barcelona for her hard work.
Motion was made by Commissioner Webster to delay referral of VI #9600103 against Paul and
Lupe Martinez and Sheri Barcelona to the County Attorney for legal action for sixty days to allow
the tenants sufficient time to complete the cleanup and repair and license said vehicles.
Commissioner Baxter seconded the motion, which carried unanimously.
VI #9600107 - Delfino, Lucia and Jose Pacheco/Martinez/Parks: Ms. Chester presented the
case report and indicated this property is in the same area as the previous case. She reported the
noncommercial junkyard on this property consisted of used building materials, a derelict vehicle,
trash, piled tree limbs, and miscellaneous junk and is a violation of Sections 31.2 and 31.3.9 of the
Weld County Zoning Ordinance. Ms. Chester stated Ed Parks, tenant, has worked hard and made
considerable progress in cleaning up the subject property and is also working with other property
owners and tenants to clean up the entire area. Ed Parks, tenant, was present and, in response
to the Board, indicated he will require at least sixty days to finish trimming trees and complete the
cleanup. No further public comment was made. Commissioner Baxter moved to delay referral of
VI #9600107 against Delfino, Lucia and Jose Pacheco, Delfina Martinez, and Ed Parks to the
County Attorney for legal action for sixty days to allow the tenant adequate time to complete the
cleanup. The motion was seconded by Commissioner Harbert and carried unanimously.
VI #9600109 - Emilia Munoz, Trustee: Ms. Chester reviewed the case report for the record and
stated this property is also in the same area as the previous two cases. She reported the
noncommercial junkyard on this property consisted of a derelict vehicle, appliances, tires, used
building materials, and miscellaneous junk and is in violation of Sections 31.2 and 31.3.9 of the
Weld County Zoning Ordinance. Ms. Chester indicated Ms. Munoz evicted the tenant, who
basically trashed the property, in June and has since made considerable progress in the cleanup.
Emilia Munoz, trustee of the property, was present and related the tenant had promised to do
repairs and take care of the property and, since she trusted him and has recently been ill, did not
inspect or visit the property until receiving the violation notice. She stated she is doing the work
herself and has had to go back to work to pay for the cost of the cleanup and repair. No public
comment was offered. The Board commended Ms. Munoz for her efforts and Commissioner
Harbert moved to delay referral of VI #9600109 against Emilia Munoz to the County Attorney for
legal action for sixty days to allow adequate time for Ms. Munoz to bring the subject property into
compliance. The motion was seconded by Commissioner Webster and carried unanimously.
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VI #9600062 - Robert De Crescentis: Ms. Chester presented the case report for the record and
indicated the subject property and is still in violation of Sections 32.2.2 and 32.2.3.6 of the Weld
County Zoning Ordinance. She stated this property presents several violations and the Health
Department is involved. She indicated neighbors report someone is still living in the house. Ms.
Chester recommended referral for legal action since the property owner has made no effort to
correct the violations. The property owner was neither present nor represented at this hearing.
No public comment was offered. Commissioner Harbert moved to refer VI #9600062 against
Robert De Crescentis to the County Attorney for legal action. The motion was seconded by
Commissioner Webster and carried unanimously.
VI #9600084- Pedro and Ernestina Rodriguez: Ms. Chester presented the case report for the
record and indicated the subject property is still in violation of Sections 31.2 and 31.3.9 of the Weld
County Zoning Ordinance. She stated the property was inspected August 13, 1996, and one
derelict vehicle, tires, used building material and other miscellaneous junk was still there. Since
Mr. Rodriguez does not speak English, Ms. Chester indicated she and Keith Schuett attempted to
explain the violation through Mrs. Rodriguez who interpreted for them. Because of the language
difficulty, Ms. Chester recommended the Board delay referral for legal action for two weeks. The
property owners were not present or represented and no public comment was offered.
Commissioner Webster moved to delay referral of VI #9600084 against Pedro and Ernestina
Rodriguez to the County Attorney for legal action for two weeks to allow adequate time for the
property owners to correct the violation. The motion was seconded by Commissioner Baxter and
carried unanimously.
VI #9600096 -Jose Mendoza: Ms. Chester presented the case report for the record and indicated
the subject property is still in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning
Ordinance. She voiced concern that this property and the lot to the north, both owned by Mr.
Mendoza pose Zoning, Building Code, and health violations. She indicated the noncommercial
junkyard on the subject property consists of a large amount of used building material and
miscellaneous trash and debris. The house on the north lot is literally falling down, has no sewer
or utilities, and, on inspection in June 1996, Ms. Chester found buckets of human waste beside the
house which she reported to the Health Department. She stated neighbors have indicated that
people stay in the house when the Guadalupe Center is full and voiced concerns that the buckets
were being dumped in the well on the property. Ms. Chester stated she has twice arranged to meet
Mr. Mendoza at the property and he did not show either time, and the only effort he has made to
clean up the property is to remove the derelict vehicle. The property owner was not present or
represented and no public comment was offered. Commissioner Webster moved to refer
VI #9600096 against Jose Mendoza to the County Attorney for legal action. Commissioner Baxter
seconded the motion, which carried unanimously.
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This Certification was approved on the 19th day of August, 1996.
APPROVED:
Ad i �J BOARD OF COUNTY COMMISSIONERS
l' / WE COUNTY, COLORADO
,
Wael0iJp'tyCfeikt the oard PA 4-4 - 1_14 A h ye
a
ra J. Kirkmerr, Chair,
ar
eputy Ofe Ztiç
deE. Baxter, Pro-Tem
TAPE #96-19 and #96-20
FXCI ISFn
Dale K. Hall
RESO#961385 -#961395 ,f
PL0824 Constance L. Harbert
W. 1' 47
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