HomeMy WebLinkAbout990091.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION #9800171
AGAINST MARK DAMON 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, Mark Damon, VI #9800171, is allegedly in violation of the Weld County
Zoning Ordinance, and
WHEREAS, on the 12th day of January, 1999, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Mark Damon, property owner, was present at said hearing, and
WHEREAS, at said hearing of January 12, 1999, the Board of County Commissioners
determined the property is now in compliance, and deemed it advisable to dismiss said matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that VI #9800171 against Mark Damon be, and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 121h day of January, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
►�',` "°- ,� Dale K. Hall, Chair
Weld County Clerk to t B.
1°5 : :}c & ) EXCUSED
c� Barbara J. Kirkmeyer Pro-Tem
BY: ".
Deputy Clerk to the ? tffJ
Georg axter
APPR ED AS FORM:
J��eile/
un At orney
r1 A
Glenn Vaad—
990091
CC, t CA, -bQmO✓) PL0824
DATE:January 12, 1999
VIOLATION NUMBER: VI-9800171
NAME: Mark P. Damon
ADDRESS: 16103 Weld County Road 6
LEGAL DESCRIPTION: L8, B3, Country Estates, Weld County, Colorado.
PARCEL NUMBER: 1471 23 302008
CASE SUMMARY
October 29, 1998 Combined Code Compliance "Initial Assessment Form" sent to the Department of
Planning Services from Julie Hibler, Weld County Sheriff's Office, Animal Control
Division, along with an incident report regarding dogs at large. Approximately 40 dogs
were located on the property.
October 29, 1998 Telephone call between Julie Hibler, Animal Control, and Sharyn Frazer, Code
Compliance Officer. It was determined that the two agencies should work together to
resolve the issues occurring on the property.
October 29, 1998 Five day letter sent with attachments from the Zoning Ordinance regarding the
definition of a kennel. A copy of the letter was sent to Animal Control for their records.
November 5, 1998 Telephone call between Mark Damon and Sharyn Frazer. Mr. Damon stated that he
did not want to be in violation and would immediately start decreasing the number of
dogs. Discussion followed regarding advertising free placement and furnishing the
Planning Department with copies of the advertisements. It was also discussed that the
four dogs Mr. Damon planned to keep should be fixed to ensure that the number
allowed would not increase.
November 5, 1998 Thirty day notice sent. Sharyn Frazer informed Mr. Damon that as long as he could
provide proof of placement,the Department of Planning Services would work with him
to bring the property into compliance. The letter also stated that Mr. Damon should
work to ensure that the Sheriff's Office would not have to respond to any future "dog
at large" complaints. A copy of the letter was sent to Animal Control for their records.
November 14, 1998 Weld County Sheriff's Office incident report submitted to the Department of Planning
Services. Julie Hibler, Animal Control Officer, was attempting to follow-up on
placement of the dogs. (Copies of the incident reports have been furnished in the
packets.) No dogs had been placed.
December 7, 1998 Telephone call between Julie Hibler, Animal Control, and Sharyn Frazer, Code
Compliance. It was determined that Mr. Damon had not attempted to remove any of
the dogs from the property. In fact, the numbers had increased due to multiple female
dogs giving birth to puppies. It was decided to schedule him to appear before the
Board of County Commissioners at violation hearings.
990091
Mark Damon, VI-9800171
Page 2
December 7, 1998 Letter sent from Sharyn Frazer to Mr. Damon scheduling him to appear at the violation
hearings before the Board of County Commissioners on January 12, 1999, at 10:00 a.m.
December 11, 1998 Weld County Sheriff's Office incident report submitted to the Department of Planning
Services. It was determined that approximately 17 dogs had been shot and were being
removed from the property en route to the landfill. Mr. Damon experienced vehicle
problems and the Sheriff's Office was not able to determine that the animals were
disposed of at the landfill. Approximately 15-20 dogs were observed on the property.
Mr. Damon stated that he had been unable to shoot them and would contact a vet to
schedule euthanizing them.
January 4, 1999 A follow-up letter was sent to Mr. Damon reminding him of the scheduled violation
hearings before the Board of County Commissioners on January 12, 1999, at 10:00 a.m.
The Department of Planning also recommends that the County Attorney be authorized to proceed with 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.
Copies of the violation materials are available at the Department of Planning Services' office or the Weld County
Attorneys Office.
99009/
fr$t 0 DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1400 N. 17th Avenue, Greeley, CO 80631
Phone(970) 353-6100
Fax(970) 352-6312
WI I1
i Q
COLORADO
January 4, 1999
Mark P. Damon
16103 Weld County Road 6
Ft. Lupton, CO 80621
Subject: VI-9800171, L8, 83 Country Estates, Weld County, Colorado.
Dear Mr. Damon:
The property referenced above remains in violation of the Weld County Zoning Ordinance. As I stated in my
letter dated December 7, 1998, I have scheduled a meeting with the Board of County Commissioners on January
12, 1999, at 10:00 a.m. to consider the violations occurring on the 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 violations.
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. If you have any questions concerning this matter, please call
me.
Sincerely,
\-)61
Sharyn Fra r
Zoning Compliance Officer
pc: VI-9800171
Margie Martinez, Weld County Sheriff's Office
Julie Hibler, Weld County Sheriff's Office, Animal Control Division
99009/
•
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices
1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
11- ` I D Fax: (970) 352-6312
� •
COLORADO
WELD COUNTY •
ZONING VIOLATION NOTICE
•
December 7, 1998
•
Mark P. Damon
16103 Weld County Road 6
Ft. Lupton, CO 80621
• Subject: VI-9800171, L8, B3, Country'Estates, Weld County, Colorado.
Dear Mr. Damon: •
- The uses on the above described property are being considered as a zoning violation of Sections 31.4, 31.4.8,
and 45.6 of the Weld County Zoning Ordinance.
In my letter sent to you dated November 5, 1998, it was determined that the Department of Planning Services
would grant you a time frame of 30 days to achieve compliance. When you called you stated that you would
start decreasing the number of dogs immediately through placement by advertising,etc., and as long as you could
provide proof that the numbers were decreasing, this department would work with you. We also discussed
completely containing the dogs to prevent further responses by the Animal Control Division of the Weld County
• Sheriff's Office.
•
I received a telephone call from Julie Hibler, Animal Control Officer, on Friday, December 4, 1998. She stated
that they have had to respond to the property based on additional complaints and the number of dogs has not
decreased. In fact, it was verified that additional dogs are pregnant. It is imperative that you achieve compliance
with the Weld County Zoning Ordinance and bring the number of dogs down to four. You will need to ensure
that you remove the doges from the property by acceptable means, i.e., a shelter, private owner, etc.
I have scheduled a meeting with the Board of County Commissioners on January 12, 1999, at 10:00 a.m., to
consider the violations occurring on the 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 violations.
•
•
• 9900R/
r°"�
VI-9800171, Mark P. Damon
Page 2
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. If you have any questions concerning this matter, please call
me.
(\Sincerely,
Sharyn F zer, ACED
Code Compliance Officer
pc: VI-9800171
Julie Hibler, Weld County Sheriff's Office, Animal Control Division
•
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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WELD COUNTY SHERIFF ' S OFFICE SUPPLEMENT# : 01 FOR CASE# : WC98-5381 I
Supp Dame: 12119 : Time: 0900 DEP: WC0270 OTIS, WENDY
Crime/Incident: DOGS AT Original Date Reported: 120498 I
LARGE/ZONING VIOL
Case status : OPEN
Victim Name: WELD COUNTY
Connecting case numbers : 98-5313, 98-5314 , 98-4753
+ NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT +
( ITEM NO: 1 DESC: LETTERS
I ITEM NO: DESC: Weld County Planning Dept.
( ITEM NO: DESC:
IITEM NO: DESC:
DEC 16 1998
NARRATIVE/FACTS: RECEIVED
AT THE REQUEST OF JULIE HIBLER I RESPONDED TO THE LOCATION OF 16103
WELD COUNTY ROAD 6 TO ASSIST HER IN ATTEMPTING TO TRANQUILIZE SEVEN
OR EIGHT DOGS THAT WERE RUNNING AT LARGE. UPON MY ARRIVAL I MET
WITH OFFICER HIBLER AND DID OBSERVE SEVEN TO EIGHT LARGE MIXED
BREED DOGS LEAVE THE PROPERTY OF 16103 WELD COUNTY ROAD 6 AND CROSS
WELD COUNTY ROAD 6 TO ENTER A PASTURE TO THE SOUTH OF THAT
RESIDENCE. THE DOGS WERE MOVING VERY QUICKLY AND DISAPPEARED FROM
VIEW WITHIN JUST A FEW MOMENTS.
OFFICER HIBLER DID GET INTO MY VEHICLE AT THAT TIME WITH THE
TRANQUILIZER RIFLE AND WE ATTEMPTED TO MAKE ENTRY TO THE PASTURE IN
ORDER TO TRANQUILIZE THE DOGS. THE DOGS WENT NEARLY A MILE SOUTH
OF WELD COUNTY ROAD 6 AND WERE CHASING A HERD OF HORSES THAT RESIDE
IN THAT PASTURE. THEY ALSO WOULD CHASE PRAIRIE DOGS WHILE THEY
WERE ROAMING THE PASTURE. EVENTUALLY THE DOGS DID RETURN TO THEIR
RESIDENCE.
SHORTLY THEREAFTER, MR. MARK DAMON DID ARRIVE HOME AND WAS ISSUED A
SUMMONS FOR DOG AT LARGE BY OFFICER HIBLER. DURING THE COURSE OF
THE CONVERSATION IT WAS NOTED THAT THE THIRTY DAY WARNING LETTER
FROM PLANNING AND ZONING HAD INDICATED THAT HE HAD UNTIL DECEMBER
5TH, WHICH WOULD BE THE NEXT DAY, TO GET HIS ZONING VIOLATION UNDER
CONTROL. IN THE ORIGINAL REPORT CONCERNING MR. DAMON, THAT BEING
CR98-4753, OFFICER JULIE HIBLER AND OFFICER GARY SCHWARTZ HAD BEEN
IN THE AREA AND COME ACROSS THE SITUATION AT MR. DAMON' S RESIDENCE .
•
AT THAT TIME THEY COUNTED AT LEAST FORTY DOGS, ALTHOUGH I DON' T
\RAACO1-1 1 GREELEY/WELD
CRIMINAL JUS T iCE RECORDS
COPY RELEASED
TO: n rl k Zorn
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BELIEVE AN ACCURATE Oh EXACT COUNT WAS EVER OBTAINED. THESE DOGS
WERE NOT SOCIALIZED IN ANY WAY. THEY ALL APPEARED TO BE WELL FED
AND THEIR PENS CLEAN, HOWEVER, DUE TO THE LARGE NUMBER OF ANIMALS
ON THE PROPERTY, MR. DAMON HAD NOT BEEN ABLE TO SOCIALIZE THEM TO
PEOPLE VERY WELL. ACCORDING TO OBSERVATIONS BY OFFICER HIBLER, THE
DOGS WERE EXHIBITING TYPICAL PACK-LIKE BEHAVIOR. AFTER THE SUMMONS
IN THIS INCIDENT WAS ISSUED FOR DOG AT LARGE, A THIRD OFFENSE
CARRYING A $200 FINE, MR. DAMON DID ADVISE THAT DUE TO THE FACT
THAT DOGS WERE CHASING HORSES, HE WAS NOW PREPARED TO SHOOT THE
DOGS. MR. DAMON HAD EXPRESSED SOME CONCERN ABOUT TURNING THESE
ANIMALS OVER TO AN ANIMAL SHELTER WHERE IT WAS POSSIBLE THAT THEY
WOULD BE EUTHANIZED.
THROUGH SOME DISCUSSION OVER THE LAST SEVERAL WEEKS, MR. DAMON HAS
COME TO REALIZE THAT THE ANIMALS ARE NOT SOCIALIZED ENOUGH TO PLACE
IN A FAMILY SITUATION SAFELY. MR. DAMON DID MENTION TO OFFICER
HIBLER THAT THE DOGS HAD BEEN KILLING PRAIRIE DOGS AND THAT IF HE
WERE TO ENTER THE PEN IN ORDER TO GIVE THEM FOOD WHEN THEY HAD JUST
KILLED PRAIRIE DOGS TO EAT, THAT THEY WOULD ACT AGGRESSIVELY
TOWARDS HIM AS WELL AS ANY STRANGERS.
THE OPTIONS THAT WERE CONSIDERED WERE FIRST TRYING TO FIND A NO
KILL SHELTER EITHER IN THIS STATE OR ANOTHER STATE THAT WOULD BE
WILLING TO TAKE THE ANIMALS. TWO, HAVE A VETERINARIAN COME AND
EUTHANIZE ALL OF THESE DOGS WITH THE EXCEPTION OF FOUR MALES THAT
MR. DAMON WISHED TO KEEP. THREE, MR. DAMON WOULD SHOOT THE DOGS
HIMSELF. MR. DAMON HAS ATTEMPTED TO FIND A SHELTER THAT GUARANTEES
THAT THEY WILL NOT EUTHANIZE THE DOGS AND HAS ONLY FOUND ONE PLACE
IN THE STATE OF COLORADO THAT IS WILLING TO TAKE THE PUPPIES THAT
ARE EIGHT WEEKS OF AGE . MR. DAMON PLANNED TO TAKE THE PUPPIES THAT
WERE OF APPROPRIATE AGE TO THE WASHINGTON STREET KENNEL IN DENVER,
COLORADO.
IT WAS DECIDED AFTER SOME DISCUSSION THAT HAVING A VETERINARIAN
EUTHANIZE ALL OF THE DOGS WOULD BE A RISKY VENTURE AT BEST. THE
DOGS WILL BE REQUIRED TO BE REMOVED ON CATCH POLES ONE AT A TIME
AND EUTHANIZED INDIVIDUALLY. THROUGH THE EXPERIENCE OF THIS
OFFICER AND OFFICER HIBLER, IT WAS EXPLAINED TO MR. DAMON THAT WHEN
ONE DOG IS CAUGHT ON THE CATCH POLE, THEY TEND TO BEGIN SCREAMING.
THAT SCREAMING WOULD IN TURN WOULD TRIGGER HIGHER AGGRESSIVE
BEHAVIOR ON THE REST OF THE DOGS CONTAINED IN THE PEN WITH THE
ANIMAL ATTEMPTING TO BE REMOVED. THIS KIND OF ACTION WOULD PUT THE
PERSON HOLDING THE CATCH POLE IN EXTREME DANGER. DUE TO THE
ALREADY RATHER WILD AND AGGRESSIVE NATURE OF THESE DOGS, IT IS VERY
POSSIBLE THAT SOMEONE ' S LIFE COULD BE LOST. MR. DAMON EVENTUALLY
CAME TO REALIZE THAT THE SAFEST OPTION WOULD BE TO SHOOT THE DOGS
HIMSELF WHILE THEY WERE IN THEIR PENS. IT WAS MENTIONED TO MR.
DAMON THAT THERE WERE RESIDENCES IN THE SOMEWHAT NEAR VICINITY
APPROXIMATELY FOUR TO SIX ACRES AWAY AND THAT A FIREARM SHOULD NOT
BE DISCHARGED IN THAT DIRECTION AT ALL.
ON SATURDAY, DECEMBER 5TH 1998, OFFICER HIBLER DID RESPOND TO MR.
DAMON' S RESIDENCE AND FOUND THAT HE HAD SHOT A LARGE NUMBER OF THE
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f _
DOGS HIMSELF. MR. DAMON TOLD OFFICER HIBLER AT THAT TIME THAT HE
WAS PLANNING TO FINISH THE JOB ON SUNDAY, DECEMBER 6TH.
ON MONDAY, DECEMBER 7TH, THIS OFFICER WENT TO SPEAK WITH MR. DAMON
ABOUT THE POSSIBILITY OF ACCOMPANYING HIM TO THE LANDFILL TO
DISPOSE OF THE CARCASSES OF THE DOGS THAT HAD BEEN SHOT. MR. DAMON
DID SHOW ME HIS PICKUP TRUCK AND UNDERNEATH A TARP IN THE BACK OF
THE PICKUP WERE A NUMBER OF DOG CARCASSES. MR. DAMON SAID THAT
THERE WERE 17 DOGS IN THE BACK OF THE TRUCK. WE ATTEMPTED TO HAUL
THIS LOAD TO THE AULT LANDFILL WHICH WAS THE ONLY LANDFILL THAT
WOULD ACCEPT ALL THESE DOG CARCASSES.
APPROXIMATELY ONE MILE AWAY FROM MR. DAMON' S RESIDENCE, HIS VEHICLE
DID EXPERIENCE ENGINE FAILURE. HE WAS UNABLE TO TRANSPORT THE
CARCASSES OF THOSE ANIMALS ON THAT DATE. INFORMATION WAS LEFT WITH
MR. DAMON TO CONTACT OFFICER GARY SCHWARTZ , WELD COUNTY CODE
ENFORCEMENT OFFICER, ON TUESDAY OR WEDNESDAY OF THAT WEEK AND MR.
SCHWARTZ WOULD MEET HIM AT THE AULT LANDFILL IN CASE THERE WERE ANY
QUESTIONS REGARDING HOW THESE ANIMALS HAD COME TO BE DESTROYED.
AS OF THE DATE OF THIS REPORT, WORD HAS NOT BEEN RECEIVED FROM
OFFICER SCHWARTZ AS TO WHETHER OR NOT HE DID ACCOMPANY MR. DAMON TO
THE AULT LANDFILL AND OBTAIN AN ACCURATE COUNT OF DOG CARCASSES
THAT WERE DISPOSED OF.
ALSO WHILE THIS OFFICER WAS ON SCENE ON DECEMBER 7TH 1998, THERE
WERE THREE FEMALE DOGS STILL HOUSED IN THE PENS THAT ALL THE
ANIMALS HAVE BEEN IN PRIOR TO NOW ALONG WITH AT LEAST 15 PUPPIES.
MR. DAMON SAID THAT ON TUESDAY HE WAS GOING TO TRANSPORT THOSE
PUPPIES TO THE WASHINGTON STREET KENNEL IN DENVER AND THEN HE WOULD
DESTROY THE FEMALES THAT HAD BEEN NURSING THOSE PUPS.
THERE WERE ALSO SOMEWHERE BETWEEN 15 AND 20 DOGS RUNNING AROUND IN
THE FRONT YARD WHICH IS FENCED SEPARATELY FROM THE REST OF THE
PROPERTY. MR. DAMON INDICATED THAT HE HAD TRIED TO SHOOT THE REST
OF THEM ON SUNDAY AND HAD BEEN UNABLE TO DO SO. MR. DAMON
INDICATED THAT HE WAS SOMEWHAT EMOTIONALLY ATTACHED TO THE DOGS
THAT WERE IN THE YARD AND THAT ALL OF THEM HAD NAMES. HE HAD
DECIDED TO HAVE THE VET COME OUT AND EUTHANIZE THOSE ANIMALS. IT
IS UNKNOWN AT THIS POINT WHETHER OR NOT THAT HAS BEEN DONE.
FURTHER FOLLOW UP SHOULD INCLUDE ANOTHER CHECK OF THE PROPERTY TO
DETERMINE WHAT DOGS ARE LEFT. PLEASE FORWARD A COPY OF THIS REPORT
TO SHARON FRASER, WELD COUNTY ZONING OFFICER, FOR HER INFORMATION
IN REFERENCE TO THE ZONING CASE. NO FURTHER ACTION AT THIS TIME.
THIS IS THE END OF THIS REPORT
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WELD COUNTY SHERIFF' S OFFICE SUPPLEMENT# : 01 FOR CASE# : WC98-4753 I
Supp Da 111498 ime: 1230 DEP: WC0347 HIBLER, JULIE
Crime/Incident: ZONING Original Date Reported: 102498
OFFENSE
Case status: OPEN
Victim Name: STATE OF COLORADO
Connecting case numbers:
NARRATIVE/FACTS:
ON 11/14/98, THIS OFFICER WENT OUT TO THE LOCATION OF 16103 WELD
COUNTY ROAD SIX, TO TALK WITH A DOG OWNER AT THAT LOCATION TO SEE
IF HE HAD BEEN ABLE TO PLACE ANY OF THE DOGS, THAT HE HAD BEEN
GIVEN 30 DAYS TO COMPLY. THE DOG OWNER, UPON ARRIVAL, STATED THAT
HE HAD BEEN WORKING LONG 12 HOUR SHIFTS AND AT THIS TIME WAS UNABLE
TO PLACE ANY OF THE DOGS ON THE PROPERTY. THIS OFFICER ASKED TO
SEE THE DOGS IN THE BACK PEN TO CHECK ON THEIR CONDITION.
ALL OF THE DOGS IN THE PEN LOOKED TO BE IN GOOD HEALTH AND
CONDITION AND I WAS ABLE TO COUNT AT LEAST 11 OR 12 PUPPIES
UNDERNEATH SOME WOOD SIDING, IN WHICH THEY WERE BORN, TO THE BACK.
THIS OFFICER ASKED IF HE HAD ANY OTHER PUPPIES PLACED. HE STATED
THAT HE WAS BRINGING THEM UP TO WASHINGTON, WHERE THERE WAS A NO
KILL FACILITY THAT WAS WILLING TO TAKE THEM. THIS OFFICER ASKED
HIM IF HE HAD ANY OTHER MOM' S ON THE PROPERTY THAT HAD PUPPIES AT
THIS TIME, HE STATED NO. THIS OFFICER WAS ABLE TO SEE AT LEAST
THREE MOM' S ON THE PROPERTY THAT WERE IN FULL LACTATION AND SEEM TO
HAVE HAD WHELPED AT SOME POINT IN THE LAST COUPLE OF WEEKS.
THIS OFFICER' S CONCERN WITH THIS CASE IS THAT THERE WERE NUMEROUS
FEMALES THAT LOOKED TO BE IN HEAT AGAIN AND THEY WERE IN WITH
INTACT MALES AND WOULD PROBABLY BE BRED SOMETIME SOON. THIS
OFFICER FEELS THIS WILL COMPOUND THE PROBLEM, DUE TO THE FACT THAT
EACH TIME HE HAD PUPPIES AND HE CAN'T GET RID OF THEM, HE KEEPS
THEM, DUE TO THE FACT HE REFUSES TO SEND ANY DOGS TO A CARE
FACILITY.
THIS OFFICER, WHILE TALKING TO THE DOG OWNER, STATED THAT HE WISHED
THAT IT WAS LEGAL THAT HE COULD GO OUT TO WYOMING OR A PLACE LIKE
THAT AND DUMP SOME OF THE DOGS OUT SO THAT THEY COULD LIVE IN THE
WILD AND AT LEAST BE ABLE TO SURVIVE WITHOUT HAVING TO BE KILLED.
IT WAS STATED BY THE DOG OWNER THAT HIS CONCERN WAS THAT HE WOULD
NOT BE ABLE TO PLACE ANY OF THE ADULTS, DUE TO THE FACT THAT THEY
WERE ONLY FRIENDLY WITH HIM AND NOT WELL SOCIALIZED AND HE DIDN' T
v
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990o91
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KNOW ,WHAT TO DO AT THio TIME ABOUT THE PROBLEM, BECAUSE HE REFUSED
tO SEND THEM TO SHELTERS OR ANYWHERE WHERE THEY WOULD BE
EUTHANIZED, BUT HE DIDN'T KNOW OF ANY OTHER OPTIONS HE HAD.
THIS OFFICER EXPLAINED TO HIM THAT IT IS AGAINST THE LAW TO DUMP
DOGS, THAT WHAT USUALLY HAPPENS IS THE DOGS EITHER SLOWLY STARVE TO
DEATH, OR THEY CONSEQUENTLY END UP RUNNING IN PACKS AND KILLING
INNOCENT ANIMALS AND WERE A DANGER TO CHILDREN OR OTHER PEOPLE IN
THE AREA AT WELL. HE STATED HE UNDERSTOOD. THIS OFFICER WOULD
LIKE THIS TO BE MONITORED CLOSELY TO MAKE SURE THAT THE DOGS ARE
BEING PLACED PROPERLY AND NOT JUST BEING TAKEN OUT ONE AT A TIME
AND RELEASED IN ANOTHER AREA.
THE DOG OWNER IS VERY FRIENDLY, SEEMED TO BE VERY COOPERATIVE, BUT
AT A LOSS OF WHAT TO DO WITH THIS SITUATION HE HAD NOW GOTTEN
HIMSELF INTO. THE REST OF THE DOGS ON THE PROPERTY LOOKED TO BE IN
GOOD HEALTH AND CONDITION AND AT A REASONABLE WEIGHT. I STATED TO
HIM, HE NEEDED TO WATCH THOSE THREE FEMALES THAT WERE LACTATING,
DUE TO THEIR CONDITION. I STATED TO THE DOG OWNER THAT I WOULD BE
OUT IN THE NEXT COUPLE OF WEEKS TO RE-CHECK HIS PROGRESS AND . THAT
PLANNING AND ZONING WOULD BE KEEPING IN CONTACT HIM AS WELL.
REQUEST A COPY OF THIS REPORT GET SENT TO PLANNING AND ZONING FOR
THEIR FOLLOW-UP AND ALSO INTO ANIMAL CONTROL' S FOLLOW-UP FILE.
THIS IS THE END OF THIS REPORT
Report Approved By:
WC0013 RUSCH, HENRY E
qme 8
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Use of this information
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DO NOT DI SEIVIINATE 99'009/
•
I t
a
f to 4,,m' ir' DEPARTMENT OF PLANNING SERVICES
��
Weld County Adminisrative Offices
1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
Y I Fax: iv,(79x90) 352-6312
It •
CotOlt- •
WELD COUNTY •
ZONING VIOLATION NOTICE
November 5, 1998
•
Mark P. Damon
16103 Weld County Road 6
Ft. Lupton, CO 80621
Subject: VI-9800171, L8, B3 Country Estates, Weld County, Colorado.
Dear Mr. Damon:
The uses on the above described property are being consiaered as a zoning violation of Section 31.2 of the Weld
County Zoning Ordinance. Thank you for calling me today regarding the letter I sent October 29, 1998. As we
discussed, as long as you are diligently working with us to come into compliance, I will grant adequate extensions.
You will need to stay in contact with this department, either verbal)4or by written statement as to the progress you
are making. We also discussed having the four dogs you plan to keep fixed so this will not become a problem again,
in the future. During the time frame it will take you to achieve compliance, it is imperative gnat you contain the dogs
within the existing fencing so that animal control will not have to respond to further corn-plaints.
It is the intention of this office to assist and cooperate with you without imposing undue hardships;however,we have
no dlr cretion in this matter if you fai! to correct this violation. You have,30 (thirty) days from November 5, 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.
jcerel rTh
Sharyn azer, ACEO
Zoning Compliance Officer
pc: VI-9800171
Julie Hibler, Weld County Sheriff's Office, Animal Control Division
SERVICE,TEAMWORK,INTEGRITY,QUALITY
99009/
PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 11/05/98
Additional Notations for Inspection item: 00404 Violation
Permit No: VI-9800171 Applicant: DAMON MARK P
Status: COMPLNT Address: 16103 WCR 6 WEL
Line Insp. Date Text
1 11/05/98 MARK DAMON AT THE ABOVE ADDRESS CALLED ME 11-5-98. HE
2 11/05/98 STATED THAT HE DOESN'T WANT TO BE IN TROUBLE FOR HAVING
3 11/05/98 APPROXIMATELY 40 DOGS, AND ASKED WHAT OUR PROCEDURE WAS
4 11/05/98 REGARDING THIS ISSUE. I EXPLAINED THAT HE WILL NEED TO
5 11/05/98 DILIGENTLY WORK WITH US TO BRING THE NUMBER OF DOGS DOWN
6 11/05/98 TO FOUR. HE STATED HE WOULD ADVERTISE THEM AS FREE AND
7 11/05/98 START TYING TO FIND HOMES RIGHT AWAY. WE DISCUSSED HAVING
8 11/05/98 THE FOUR HE KEEPS FIXED TO PREVENT THIS FROM BECOMMING A
9 11/05/98 PROBLEM AGAIN. HE WILL KEEP ME INFORMED AS TO HOW MANY HE
10 11/05/98 GETS RID OF. I TOLD HIM I CAN GRANT EXTENSIONS ON THE 30
11 11/05/98 DAYS AS LONG AS HE WORKS WITH US. I WILL KEEP YOU INFORMED.
Enter Option: A=Add, C=Change, D=Delete, I=Inspect /1l {J.t^)
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9 '009
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DEPARTMENT OF PLANNING SERVICES
Weld County Adr istrative Offices
1400 N. 17th Avenue, Greeley, CO 80631
1 i 11 Phone: (970) 353-6100, Ext. 3540
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Fax: (970) 352-6312
COLORADO •
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October 29, 1998
• Mark P. Damon
16103 Weld County Road 6
Ft. Lupton, CO 80621
Subject: VI-9800171, L8, B3, County Estates, Weld County, Colorado. •
Dear Mr. Damon:
It has come to the attention of the Department of Planning Services' staff that the uses on your property (16103
Weld County Road 6) may not be in compliance with the Weld County Zoning Ordinance. The potential
noncompliance with the zoning ordinance is the number of dogs (approximately 40) located on the property
without the appropriate permits.
I have attached a copy of the definition of a kennel for your review. I have also attached an application for a Use
by Special Review, if you ychould choose to apply for a kennel permit. The Department of Planning Services has
Planners available Monday through Friday from 7:30 a.m., until 4:30 p.m., if you should want to discuss this
Option. If you should choose not to apply for the Use by Special Review, then the number of dogs would have
to comply with the number allowed in a platted subdivision, which is four (4) dogs.
Please call me within five working days of the date of this letter to review these concerns with me.
Sincerely,
Sharyn Frazer, ACED <4' y1 Pe
b
Code Compliance Officer (%
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pc: VI-9800171 (- � '�
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SERVICE,TEAMWORK,INTEGRITY,QUALITY
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KENNEL: Any place other than a PET SHOP or veterinary clinic or hospital, where five (5) or more
HOUSEHOLD PETS of one species, or a total of eight(8) or more HOUSEHOLD PETS of two (2)
or more species are kept or maintained. Property that is zon& Agricultural and not part of a platted
subdivision or unincorporated town and which is larger than ten (10) acres shall be permitted to keep
or maintain eight(8) HOUSEHOLD PETS of one species or sixteen (16) HOUSEHOLD PETS of two
4
(2) or more species without being considered a KENNEL.
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99009/
PERMITS Id: ACTP125 Keyword: AACT User: SFRAZER 10/29/98
Activity Table Processing Violation
Permit No: VI-9800171 Applicant: DAMON MARK P
Status: COMPLNT Address: 16103 WCR 6 WEL
Type: VIO Vers: 9601 Screen: 01
Base Information
Parcel No: 1471 23 302008
Owner: DAMON MARK P
Status: COMPLNT Written By: SEF Sec/Twn/Rng: 23 01 66
Description: 40 DOGS LOCATED ON THE PROPERTY. REFERRAL FROM
Location: 16103 NCR 6
Zoning Dist: A Permit Num:
App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi")
Class Code: VI-8
kennel
Complaint: 10/29/1998 'nit: SEF NO VI: / / Init:
5 Day Letter: 10/29/1998 'nit: SEF
Issued: / / [nit:
Inspection: / / 'nit:
BCC Vio: / / Init:
Court: / / 'nit:
Closed BCV: / / 'nit: Closed VI: / / 'nit:
Enter Table Screen Number: 2 or ESC=Exit Table Processing F1=List Screens
PERMITS Id: ACTP124 Keyword: AACT User: SFRAZER 10/29/98
Activity Full Description Maintenance Violation
Permit No: VI-9800171 Applicant: DAMON MARK P
Status: COMPLNT Address: 16103 WCR 6 WEL
Full Work Description
Description: Page No: 1
40 DOGS LOCATED ON THE PROPERTY. REFERRAL FROM
ANIMAL CONTROL. SENT A COPY THE DEFINITION OF
KENNEL AND A USR APPLICATION.
F2=Next Page, F3=1ST Page, F4=Prev Page, F7=Update, ESC=Exit Desc Paint
99ov9
PERMITS Id: ASSR100M Keyword: SPARC User: SFRAZER 10/29/98
Parcel General Information Maintenance
General Parcel Data Maint - Action: Update Record
Parcel No: 1471 23 302008 Rg Ts Sec : 660123
Status: A Active Retired(Y/N): N
Street Address: 16103 Dir: St: WCR 6 City: WEL
Situs Location: 16103 6 CR WELD
Legal Desc: 2CE3-8 L8 BLK3 COUNTRY ESTATES #2
Acres: .00
X-COORD:
Y-COORD:
Tax Rate Area: 0319
Assr Use Code: 6255386 Assessed/Exempt:
Pub Owned(Y/N): N
Primary Owner: DAMON MARK P Phone:
Mailing Addr: 16103 WELD CO RD 6
FORT LUPTON CO
Zip: 80621
Contract Owner: Percent/Ownership: .00
F7CWrite Record, F2tAllow Fractions, _ESCtCancel
qqd09/
WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION
1400 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312
Tl� ELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: it - ;9 • 98
I
NAME: J V.X t '01 \IC 'Sh< PHONE:
ADDRESS: u \
TYPE OF INQUIRY:
_ MHZP _ SKETCH PLAN _ MINOR SUB SKETCH PLAN
- ZPMH PRELIMINARY PLAN _ MINOR SUB FINAL PLAT
RE FINAL PLAT ZONING
_
_ AMENDED RE _ RESUBDIVISION _ ADDRESSING
SE FHDP _ BUILDING PERMIT
_ AMENDED SE GHDP _ SETBACKS/OFFSETS
_ SITE PLAN REVIEW _ USR HOME OCCUPATION
_ REZONING AMENDED USR DINVIOLATION
_ PUD SKETCH PLAN _ USR MINING _ OTHER
- PUD DISTRICT USR MAJOR FACILITY _
PUD FINAL PLAT, _ USR DISPOSAL SITE _
STAFF PERSON: , � �t�h
ITEMS DISCUSSED: TA
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Time Spent: n
p �� � ' Staff Member's lnitials: l'
citizen.shl 99(09 /
PTXT PAGE NO. 0001 GP08,944yMT08 10-29-1998 07 :37 em WC9804753
+---. +
WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-4753
Crime/Incident: ZONING OFFENSE N/C: OTHER F/M:
Addl Offense F/M:
Date reported : 102498 'me Rpt: 1300 Clearing case # :
Connecting ca - .
+ INCIDENT DATE-TIME-AND LOCATION +
IF/Date: 102498 F/T: 1300 I
ILoc: 16103 WCR 6 City: FTL I
IT/Date: 102498 T/T: 1300 Case status: OPEN
IDEP: WC0347 HIBLER, JULIE
CASE STATUS AND MISC DATA
IDrugs/Alcohol: Domestic Viol: Evidence/Photos : I
' Tot Prop Stolen: Prop Rcvd: Prop Damg: I
' Force: Attempted or Completed: I
'Extent Injuries : I
****************************DATA FOR PERSON INVOLVED AS A: OTH ***
*Name: HIBLER, JULIE DOB:
*Addr: Phone: H/B: *
*City: St: Zip: OLN: OLS: *
*Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: SS:
*Occupation: WCSO Bus Addr: BusTX:
* ANIMAL CONTROL
*Addl Desc Info:
*
NARRATIVE/FACTS:
ON 102498, THIS OFFICER WENT TO THE ADDRESS 16103 WELD COUNTY ROAD
6 TO VERIFY THE NUMBER OF DOGS ON THE PROPERTY AS SEEN ON A
PREVIOUS DATE, AND TALKED TO THE DOG OWNER. THIS OFFICER, UPON
ARRIVING TO THE ADDRESS, WAS ABLE TO TALK TO THE OWNER ABOUT THE
DOGS THAT WERE RESIDING THERE. THIS OFFICER TALKED WITH THE
SUBJECT IN QUESTION, WHO STATED HE HAD ONE PUREBRED SHARPEI AND A
HEELER. THE TWO OTHER DOGS THAT WERE STRAY HAD SHOWN UP ON HIS
PROPERTY APPROXIMATELY SIX MONTHS AGO, FEELING SORRY FOR THEM AND
NOT LETTING THEM GO TO THE SHELTER, WHERE THEY WOULD POSSIBLY BE
EUTHANIZED, HE DECIDED TO KEEP THEM AND CONTINUED TO FEED THEM.
SHORTLY AFTER THAT TIME, THE SUBJECT IN QUESTION THEN WENT OUT OF
STATE FOR OVER SIX MONTHS ON A NEW JOB AND HAD SOMEBODY TAKE CARE
OF THE DOGS. UPON HIS ARRIVAL BACK, HE REALIZED HE HAD NOW OVER 20
DOGS. APPARENTLY THE FEMALES HAD GOTTEN, IN WITH THE MALES, AND
GREELEY/WELD
CRIMINAL JUSTICE RECORDS
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COPY RELEASED
CopTO: Rattn inr tan/ iu/ S/P71 ar
Use of this information DATE: « P/c115
is regulated by LAW BY: <�
DO NOT DISSEMINATE -g800 n I 99o0 /
PTXT PAGE NO. 0002 GP080f'a*IT08 10-29-1998 07 :37 WC9804753
EAC1 HAD A LITTER OF PUPPIES. SOME OF THOSE PUPPI S HAD, IN TURN,
HAD MORE PUPPIES AND NOW HE WAS IN A SITUATION WHERE HE DIDN'T KNOW
WHAT TO DO. THIS OFFICER, AT THAT TIME, SUGGESTED THAT MAYBE HE
PUT AN AD IN THE PAPER TO GET RID OF SOME OF THE PUPPIES. THE
SUBJECT STATED THE LAST TIME HE PUT AN AD IN THE PAPER, SOMEBODY
HAD BROKEN INTO HIS HOUSE AND STOLE ALL THE STUFF THAT HE OWNED OFF
OF THE AD.
THIS OFFICER THEN STATED MAYBE HE COULD CALL SOME RESCUE GROUPS AND
TALK TO A COUPLE SHELTERS TO SEE IF THEY COULD ASSIST HIM WITH THE
REMOVAL OF THE DOGS DOWN TO FOUR. HE NEEDED TO SPEND THE MONEY
WHICH HE WAS SAVING IN DOG FOOD TO GET THEM NEUTERED AND SPAYED SO
HE DIDN'T FIND HIMSELF IN THE SAME SITUATION. THIS OFFICER, AT
THAT TIME, COUNTED AT LEAST 40 DOGS ON THE PROPERTY, ALL OF WHICH
WERE SHARPEI, HEELER AND CHOW MIXES. THERE WERE APPROXIMATELY 20
TO THE BACK PEN, AS BEST I COULD COUNT, AND 20 IN THE FRONT PEN.
THE SUBJECT STATED HE HAD NOBODY TO BLAME BUT HIMSELF. THE
SITUATION HAD GOTTEN OUT OF CONTROL AND NOW HE DID NOT KNOW WHAT TO
DO BECAUSE HE DID NOT WANT TO SEE ANY OF THE DOGS EUTHANIZED.
THIS OFFICER, AT THAT TIME, STATED TO THE GENTLEMAN IN QUESTION
THAT I COULD REMOVE FOUR OF THE PUPPIES FROM THE PROPERTY TO HELP
CUT BACK ON THE NUMBER OF DOGS THAT WERE THERE, AND HE NEEDED TO
ATTEMPT TO GET RID OF SOME OF THE DOGS, DUE TO THE FACT I WOULD BE
TURNING THIS OVER TO PLANNING AND ZONING AND THEY WOULD BE
CONTACTING HIM WITH THE DATE IN WHICH HE WOULD HAVE TO BE DOWN TO
FOUR DOGS.
IT WAS WITNESSED BY THIS OFFICER THAT ALL DOGS IN QUESTION SEEMED
TO BE OF FAIR WEIGHT, NONE OF THEM BEING RIBBY OR SHOWING TOO POOR
OF HEALTH. A COUPLE OF THE DOGS DID HAVE WOUNDS THAT WERE NOT
BEING TREATED, DUE TO FIGHTING WITH EACH OTHER. ONE OF THE DOGS IN
QUESTION DID LOOK TO HAVE AN EYE INJURY. THE FOUR PUPPIES THAT
WERE REMOVED FROM THE PROPERTY HAD PROLAPSED THEIR RECTUM AND
SEEMED TO BE IRRITATED AND RAW.
REQUEST THIS BE PUT INTO THE FOLLOW-UP FILE FOR THE BEAT CAR TO
POSSIBLY CHECK FURTHER HEALTH OF DOGS FOR NON-TREATMENT OF
INJURIES, OTHERWISE THE DOGS SEEM TO BE IN GOOD CONDITION. ALSO,
REQUEST THIS STAY IN ANIMAL CONTROL' S FOLLOW-UP PENDING CHECKS TO
MAKE SURE THAT THE DOGS WERE BEING REMOVED IN A TIMELY MANNER.
THIS IS THE END OF THIS REPORT
Report Approved By:
WC0013 RUSCH, HENRY E
COPY
Use of this information
is regulated by LAW
DO NOT DISSEMINATE
9900 9
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Jtrist
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INITIAL ASSESSMENT
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Owner: 11 / File# Parcel#
lab-3 C 1 Address: ,lab-3 s 1()31 l (.DD City f-E- 1 'kpc State C[) Zip Code
Phone Number:
Occupant: File#_ Parcel#
Address: City_ State Zip Code
Phone Number:
Inspector: �il,vre flit ler Signature AWet� Referred to:
GENERAL SANITATION II
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Household trash[Any household waste generated by single and multiple family residences, etc.]
Unapproved items:[Appliances, used building materials, scrap metals, bones, rags, cloth, car parts and
pieces, tires, used household furniture, and any other items that are so worn, deteriorated, or obsolete
as to make them unusable in their existing conditions] [See noncommercial junkyard under Zoning].
Derelict vehicles
On private property [See noncommercial junkyard under Zoning].
In public road right-of-way
Sewage or Septic problems [Evidence of a failing septic system, such as sewage on the surface of the
ground, or the repair or installation of a septic system without a permit, etc.][See Weld County ISDS
Regulations].
Littering
Water
Evidence of Burning
Other
NOTES:
STRUCTURES
Unsafe or abandoned structures[Section 302, Dangerous Building, Uniform Code for the Abatement
of Dangerous Buildings. Section 20.5, Weld County Building Code Ordinance, Uniform Code for
Abatement of Dangerous Buildings].
Construction without appropriate building permits [106.3 Uniform Building Code, Application for
Permit and Section 30.3 Weld County Building Code Ordinance, Application Requirements].
Incorrect occupancy[Section 109-Certificate of Occupancy. No building or structure shall be used or
occupied and no change in the existing occupancy classification of a building or structure or portion
thereof shall be made until the building official has issued a certificate of occupancy].
Nuisance[Any condition that may be a source of filth or cause of sickness, which may be injurious to
the public's health.][See 25-1-615 C.R.S., as amended.]
Other
NOTES:
99069
PUBLIC WORKS
Roads[Ordinance 180, Dirt, water, farmer dragging farm machinery across the road.]
Culverts[Ordinance 180, damage/size/run-oft]
Noxious weeds[Ordinance 169A]
Other
NOTES:
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ZONING
Commercial business in incorrect zone district [An activity where goods, products, or services are
bought sold, or transferred in ownership on a fee, contract, or barter basis excluding those uses listed
by right and accessory uses in the A (Agricultural) zone district. Section 10-Definitions, also Bulk
Requirements under each zone district, Weld County Zoning Ordinance].
Structures not in compliance with the Zoning Ordinance (too many residences) [Sections 30 through
36, Zone Districts, Weld County Zoning Ordinance].
Noncommercial Junkyard[An area where any waste, junk, or used or second hand materials are stored
or handled, including, but not limited to scrap iron and other metals, paper, rags, rubber tires, building
materials, and bottles. May also include the storage or keeping of derelict vehicles. The noncommercial
junkyard shall be totally enclosed within a building or structure or visually screened from all adjacent
properties and public rights-of-way. Sections 10-Definitions "N", 31.2 and 31.3.9 of the Weld County
Zoning Ordinance].
Setbacks/Offsets[Section 10-Definitions "S"and"O", Weld County Zoning Ordinance].
Signs[Shall be permitted in the various zoning districts see Sections 42 through 42.4.2 Weld County
Zoning Ordinance. Also accessory uses under each zone district. Signs may also be subject to'the
requirements of the Colorado Department of Transportation].
Other
NOTES:
ANIMALS
,K Too many dogs and/or cats [See Bulk Requirements under each zone district, Section 10-Definitions
Animal Units, Kennel, etc].
Too many animal units[See Bulk Requirements under each zone district, Section 10-Definitions Animal
Units, Kennel, etc].
Dogs at large(Ordinance 88-Q .
Animals in road right-of-way[C.R.S. 35-46-105]
Cruelty to animals[neglect/dead right-of-way]
Discharge from a confined animal feeding operation [Any discharge of water or effluent which has
come into contact with the pens or livestock that is discharged off of the property into a ditch, stream,
road right-of-way, etc.][See Confined Animal Feeding Operation Control Regulations-5 CCR 1002-81]
Water on Roadway[C.R.S. 43, 43-5-303]
Other
NOTES:
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