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Home My WebLink About991991.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST WAYNE GOMEZ 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, Wayne Gomez, VI #9900109, is allegedly in violation of the Weld County Zoning Ordinance, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 10th day of August, 1999, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Wayne Gomez was not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until September 10, 1999, to allow adequate time for the property owner to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that said violation be, and hereby is, referred to the Weld County Attorney's Office for legal action against Wayne Gomez to remedy the violation of the Weld County Zoning Ordinance, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until September 10, 1999, to allow adequate time for the property owner to bring the subject property into compliance. 991991 i PL, CA, PL0824 VIOLATIONS - VI #9900109 - WAYNE GOMEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of August, A.D., 1999. BOARD OF COUNTY COMMISSIONERS E La LD COUNTY, CO ORADO ATTEST: D K. Hall, Chair Weld County Clerk t• GU, , arbara J. Kirkmeyer, o-Tem BY: /. ./.�/�Ii''►,..,...� 27- D uty Cle to the Bfd «, Geor E. xter APPROVE AS TO FORM: � . J. -ile o my Attorney Glenn Vaad 991991 PL0824 DATE: August 10, 1999 VIOLATION NUMBER: VI-9900109 NAME: Wayne Gomez ADDRESS: 10473 Weld County Road 7, Longmont, CO 80504 LEGAL DESCRIPTION: Part of the E2 SE4 of Section 9, T2N, R68W of the 6th P.M., Weld County, Colorado. PARCEL NUMBER: 131309000075 CASE SUMMARY March 23, 1999 Initial complaint received about a noncommercial junkyard located on the property consisting of old building materials,two semi trailers, small metal building in disrepair, scrap iron, miscellaneous plastic tubing, piles of rip-rap and miscellaneous piles of scrap metal and wood. March 23, 1999 Violation notice sent. April 26, 1999 Progress inspection. Definite progress occurring. Granted additional time. May 13, 1999 Progress inspection. Definite progress occurring. Granted additional 30 days. May 13, 1999 Letter sent to Mr. Gomez granting additional time to bring the property completely into compliance. June 29, 1999 Progress inspection. The remaining piles, two semi trailers and small metal building were still located on the property. July 6, 1999 Letter sent to Mr. Gomez delineating the remaining items to be addressed. The letter scheduled him to appear before the Board of County Commissioners at the August 10, 1999, hearings at 10:00 a.m., if compliance was not achieved. August 2, 1999 Site inspection conducted. One of the semi trailers was removed from the property, however,the small metal building in disrepair and the pile of scrap metal and wood are still located on the property. 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. 991991 j� SITE INSPECTION a (� VI- 9'1oo1aq 8 DATE - a- -c t 4-vc,h o f u�O�Qc�. Fto PAL a d�J 40:14615 nom. k 9_Q N-IYTMA-÷(1141-- 4)410,31 b IC C� X14 �.� p; ' --� r to) D uc_ (wiroan act. cm)i • SHARYN FRAZER, ACED - CODE COMPLIANCE OFFICER 0 DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 ' Phone: (970) 353-6100, Ext. 3540 WI Fax: (970) 304-6498 C. COLORADO WELD COUNTY ZONING VIOLATION NOTICE July 6, 1999 Wayne Gomez 10473 Weld County Road 7 Longmont, CO 80504 Subject: VI-9900109, Part of the E2 SE4 of Section 9, T2N, R68W of the 6th P.M., Weld County, Colorado. Dear Mr. Gomez: The uses on the above described property are being considered as a zoning violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. I conducted a site inspection on Friday,July 1, 1999. Decided progress has been made, however, there are still noncompliance issues occurring on the property. The remaining items consist of a small metal building in disrepair, two semi trailers, miscellaneous scrap iron, plastic tubing, piles of rip-rap and scrap metal and wood. If the property is not brought into compliance a meeting will be scheduled with the Board of County Commissioners on August 10, 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 10th 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 have been 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. cerely, aryn F er, ACE Code Compliance Officer pc: VI-99 SERVICE,TEAMWORK,INTEGRITY,QUALITY SITE INSPECTION VIPPNh [09 DATE: 6 .a9 q9 4fri\za ► kW(BWE to 4* , - -hub mow... S - rwb c1-CcU3 Goa Card tOthdf►,S1-- 13cc, Qaud kicksthe q . On rnMka -SAOtM41--> YAM-. as gsLit l&ML- SHARYN FRAZER,ACED - CODE COMPLIANCE OFFICER DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO C 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 C. COLORADO May 13, 1999 Wayne Gomez 10473 Weld County Road 7 Longmont, CO 80504 Subject VI-9900109, Part of the E2 SE4 of Section 9,T2N, R68W of the 6th P.M.,Weld County, Colorado. Dear Mr. Gomez: I conducted a progress inspection of the site (see legal above) on Wednesday, May 12, 1999. Decided progress is occurring. Based on the amount of clean up that has occurred, I will grant an additional thirty (30) day extension to allow time enough to finish. You have until June 13, 1999, to bring the property completely into compliance. If you should have any questions, please contact me at the above address and phone number. cerely, 1 - aryn Fraz , ACEO Code Compliance Officer pc: VI-9900109 SERVICE,TEAMWORK,INTEGRITY,QUALITY PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 05/13/99 Additional Notations for Inspection item: 00400 Violation Permit No: VI-9900109 Applicant: GOMEZ WAYNE Status: COMPLNT Address: 10473 WCR 7 WEL Line Insp. Date Text 1 05/13/99 DEFINITE PROGRESS IS OCCURRING. GRANT ANOTHER 30 DAYS. 2 05/13/99 SEND LETTER Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. SITE INSPECTION L� �/ VI- ligentO I DATE: . oie -f 1(,�Q kait çvuctw o of4Mtcw:CP 4uak9-- SHARYN FRAZER, ACED - CODE COMPLIANCE OFFICER !x - re '^w n C, - !•v to- i� N. as S ( G 1 -h( Y`A}� b : ^ X 9� n ru 4 le mk u . �,1n 3 1 i w : f r Sb T',,1 :k r ! f a ° v( ,. as i* ,; V,zv `^T"r r LF l .,p u s G ( 4t1, by r. a-�' y3 $0 viz ^ u'^ y+, a n oa v 1 !K A b r , 3v i"' ",Y .,,, x i m`v f 3(-eA .. �4^ $ N C et6 v ! �vb3"*dj >L r ,. �1 ^ s 1 1. JM� «, -_ , A:. M 4 it �. rt • } 1{ t y { v n 4 x q �1 n _ } q { u ai, } �f { W � { {� 1 {vn �4c`" ry 'i 1��t µ5 m y, 4 fF? r' � b k7" Sv 1 :cta v i�O,Fl4"�ki fa' kv r r s r • IN 4 rid'F'p&Gx , {f2 y a vhf Fd�joN,9 : 11, 1: el a n t. 4, iron Jere- ,J./(2-, a cc cy ,(mod LfLot;0(),L. - ha,t.L- o3 ( f yn Aorehit �7 .,.. ' ti nN w , W r 1 " �. . ,..,.,w. .....ter.. �ibd!t ♦ bs Imx 4 • a Kit DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 352-6312 COLORADO WELD COUNTY ZONING VIOLATION NOTICE March 23, 1999 Wayne Gomez 10473 Weld County Road 7 Longmont, CO 80504 Subject: VI-9900109, Part of the E2 SE4 of Section 9, T2N, R68W of the 6th P.M., Weld County, Colorado. Dear Mr. Gomez: The uses on the above described property are being considered as a zoning violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. I have included the definitions of a noncommercial junkyard and derelict vehicles for your review, please see attached. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from March 23, 1999, to correct this zoning violation. The noncommercial junkyard will either need to be removed from the property or adequately screened (6 foot wooden fence) from surrounding properties and road oghts-of-way. 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 he of any assistance in clarifying or answering questions concerning this matter. Please contact me at the above address or telephone number. i cerely, Sharyn r zer, AGO Code Compliance Officer pc: VI-9900109 SERVICE,TEAMWORK,INTEGRITY,QUALITY DEFINITIONS FROM THE WELD COUNTY ZONING ORDINANCE VIOLATIONS MOST COMMONLY FOUND IN WELD COUNTY DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); or is partially or totally dismantled; or has all or portions of its body work missing or is substantially damaged; or is not registered with the State of Colorado, as required by Section 42-3-103, CRS, or by Sections 42-3-138 or 42- 12-102, CRS, and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, CRS; or is lacking proper equipment to the extent that it would be unsafe or illegal to use on public road rights-of-way or otherwise not equipped with lamps and other equipment as required in Sections 42-4-202 to 42-2-227, CRS. This definition shall not include; implements of husbandry, farm tractors, or vehicles customarily operated in a farming operation. JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used appliances; used lumber or crates; building materials; fabrication of any material; used pipe or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES; used tires and other manufactured goods that are so worn, deteriorated, or obsolete as to make them unusable in their existing condition. 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 zoned 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 (2) or more species without being considered a KENNEL. 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. A NONCOMMERCIAL JUNKYARD 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. MOBILE HOME: A transportable STRUCTURE which exceeds either 8 feet in width or 32 feet in length, is built on a chassis and is designed, when connected to the required utilities, to be used as a year round DWELLING UNIT with or without a permanent foundation. A single family dwelling which is certified pursuant to the"National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. 5401 et seq, as amended, but does not meet all of the other provisions of the definition of MANUFACTURED HOME is considered to be a MOBILE HOME. PERMITS Id: ACTP124 Keyword: AACT User: SFRAZER 03/23/99 Activity Full Description Maintenance Violation Permit No: VI-9900109 Applicant: GOMEZ WAYNE Status: COMPLNT Address: 10473 WCR 7 WEL Full Work Description Description: Page No: 1 NONCOMMERCIAL JUNKYARD LOCATED ON THE PROPERTY F2=Next Page, F3=1ST Page, F4=Prev Page, F7=Update, ESC=Exit Desc Maint PERMITS Id: ACTP125 Keyword: AACT User: SFRAZER 03/23/99 Activity Table Processing Violation Permit No: VI-9900109 Applicant: GOMEZ WAYNE Status: COMPLNT Address: 10473 WCR 7 WEL Type: VIO Vers: 9601 Screen: 01 Base Information Parcel No: 1313 09 000075 Owner: GOMEZ WAYNE Status: COMPLNT Written By: SEF Sec/Twn/Rng: 09 02 68 Description: NONCOMMERCIAL JUNKYARD LOCATED ON THE PROPERTY Location: 10473 WCR 7 Zoning Dist: A Permit Num: App Type: VI (BCV=BLONG VIO, VI=ZONING V[0, WCV=WELD V[0 "bcv + vi") Class Code: VI-2 noncommercial junkyard Complaint: 3/23/1999 Init: SEF NO VI: / / [nit: 5 Day Letter: / / Init: Issued: 3/23/1999 [nit: SEF Inspection: / / [nit: BCC Vio: / / [nit: Court: / / Init: Closed BCV: / / Init: Closed VI: / / [nit: F7=Update, F2=Previous Line, F1=Screen Index, ESC=Cancel Update PERMITS Id: ASSR100M Keyword: SPARC User: SFRAZER 03/23/99 Parcel General Information Maintenance General Parcel Data Maint - Action: Update Record Parcel No: 1313 09 000075 Rg Ts Sec : 680209 Status: A Active Retired(Y/N): N Street Address: 10473 Dir: St: WCR 7 City: WEL Situs Location: 10473 7 CR WELD Legal Desc: 25101-B PT E2SE4 9 2 68 BEG SE COR SEC 589D12'W Acres: .00 K-COORD: Y-COORD: Tax Rate Area: 1303 Assr Use Code: 0333494 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: GOMEZ WAYNE Phone: Mailing Addr: 10473 WELD CO RD 7 LONGMONT CO Zip: 80504 Contract Owner: Percent/Ownership: .00 F7CWrite Record, F2¢Allow Fractions, ESC¢Cancel PERMITS Id: MISC301 Keyword: SPARC User: SFRAZER 03/23/99 User Defined Data Fields for Parcel No: 1313 09 000075 Parcel No: 1313 09 000075 Additional USER DEFINED Assessor Parcel Information Screen No: 01 Parent Parcel No 131309000073 Book No. 1435 Reception No. 02382341 Document Type Warranty Deed Ownership Type Recording Date 04/07/1994 Apr 07, 1994 Zoning Dist Legal Lot Prior To Zoning Prior To Zoning Year t 80 Acres Recorded Exemption Rec Exemption Permit Rec Exemption Approv F7¢Update, _ESC¢Cancel Hello