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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 99o09/ PTXT PAGE NO. 0001 GP08 MT08 12-14-1998 07 : 04 disk WC9805381 1 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 Use of this information DATE: is regulated by LAW n0 NOT DISSEMINATF BY: It99 PTXT , PAGE NO. 0002 GP081ysMT08 12-14-1998 07 : 04 ten* WC9805381 1 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 Copy Use of this informatior is regulated by LA1A/ PTXT , PAGE NO.0003 GP08]1•aMT08 12-14-1998 07 : 04 i+.ik WC9805381 1 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 COPY Use of this information is regulated by LAW 9g�o9/ ran NOT n;� r ,: . : ,err PTXT PAGE NO. 0003 GP0801I1IT08 11-20-1998 07 : 51 WC9804753 1 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 Use of this information is el f LAW DO NOTreated DISSEMINATE 990o91 PTXT PAGE NO. 0004 GP080?"'w4T08 11-20-1998 07 : 51 WC9804753 1 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 py Use of this information is regulated by LAW 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^) �aT' YtN Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit 9 '009 • • • -.. A04"t 14kr . • 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 O • • Fax: (970) 352-6312 COLORADO • • 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 (% b pc: VI-9800171 (- � '� • • • SERVICE,TEAMWORK,INTEGRITY,QUALITY 9 9/ 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. • 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 inkmaQ , x4-Vb .. ox.DIQc� P_ ( - o fkft ,c uJ.(2. e_ot&el 1, A ,o.b t).-Q ho l Old x wot cd to, kuttx , arloL ok_ v' rte . t1- w( cld-c S rvvi c( qAkoi o ., . `i OU 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 �] 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 • Jtrist / 1 • INITIAL ASSESSMENT • • 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 • 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: • 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: } ,S yn s a-Sn•rne lnod< 1)114VAAI7 t. )5 4c, .P ! Caw/) t F rnf5 XI; r--;At -te y1G �rr6 ro S t • initass.sef • 99099/ Hello