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HomeMy WebLinkAbout952331.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ALFONSO HUERTA 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, Alfonso Huerta, VI #2232, 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 14th day of November, 1995, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Alfonso Huerta, property owner, was present and represented by his daughter, Lupe Pedrosa, at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to delay referral of said violation to the Weld County Attorney's Office until February 1, 1996, to allow time for the property owner to remove, screen, or appropriately store derelict vehicles and, further, until July 1, 1996, to allow time for the property owner to remove trash and rubble from subject property and bring said property into compliance and for an inspection of the property by the Department of Planning Services staff, and WHEREAS, the Board of County Commissioners deems it advisable to require the above named property owner to report monthly progress to Department of Planning Services staff until July 1, 1996, and WHEREAS, the Board deems it advisable to proceed with legal action against the above named individual without further Board action if property owner does not comply with any deadline or condition as stated above. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said derelict vehicles still remain on subject property on February 1, 1996, or if trash and rubble are not removed from subject property by July 1, 1996, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Alfonso Huerta 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. 952331 PL0824 CZ!, . /-16.56-Al ,' . ti &. VI #2232 - HUERTA PAGE 2 BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the above named property owner be required to report monthly progress to Department of Planning Services staff until July 1, 1996. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of November, A.D., 1995. W k,touyty Clerk to the Board Obi Li V ag,e-v Deputy Clerk the Board APP D AS TO FORM: ount Attonl BOARD OF COUNTY COMMISSIONERS W B�COUNTY, CgLORADO Geor. . Baxter Constance L. Harbert �// W. H. Webster 952331 PL0824 actc. COLORADO NAME: Alfonso Huerta Inspection Report LEGAL DESCRIPTION OF PROPERTY: Pt of Lot 6, SE4 SE4 Section 25, Township 5, Range 66 West of the 6th P.M., Weld County, Colorado DATE OF INSPECTION: November 13, 1995 CASE NUMBER: VI -2232 The property was inspected to determine compliance with section 31.2 and 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is an unscreened noncommercial junkyard located on the property. It consists of several derelict vehicles and two huge piles of building materials. The piles of building materials consists of the property owners house that burned down. To bring the property into compliance the noncommercial junkyard needs to be screened or removed. If screening is the option of choice then a detailedscreeningplan needs to be submitted to the Department of Planning Services for review and approval prior to installation. zn Susan McMullen Zoning Inspector pc: VI -2232 >7 952331 DATE: November 8, 1995 VIOLATION NUMBER: VI -2232 NAME: Alfonse Huerta ADDRESS: 2333 49th Street Greeley, Co. 80631 LEGAL DESCRIPTION: Pt of Lot 6, SE4 SE4 Section 25, Township 5, Range 66 West of the 6th P.M., Weld County, Colorado CASE SUMMARY: September 5, 1995 September 11, 1995 September 15, 1995 September 22, 1995 September 27, 1995 October 26, 1995 October 27, 1995 Property Inspected. Property is in violation. Five -Day compliance encouragement letter sent. • Telephone conversation between Susan McMullen and the property owners adult daughter. She said that her father will need help to clean up the property and asked that I call her when I do my next inspection. Property Inspected with owner and his adult daughter. Property is in violation. Zoning Violation notice sent. Property inspected. Property is in violation. Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. The noncommercial junkyard is a violation of Section(s) 31.2, 31.3 and 31.3.9 of the Weld County Zoning Ordinance. To correct the violation a screening plan must be submitted and approved by the Department of Planning Services before installation or the noncommercial junkyard must be removed from the property. The Department of Planning Services also recommends that the County Attorney be authorized to proceed with legal action against any other persons occupying the properties, any person claiming an interest in the properties, and any persons acting in active concert with the identified parties. 952331 WI�Yc COLORADO October 27, 1995 Alfonso Huerta 2333 49th Steet Greeley, CO. 80631 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject : VI- 2232 Legal Description: Pt of Lot 6, SE4 SE4 Section 25, Township 5, Range 66 West of the 6th P.M., Weld County, Colorado Dear Alfonso Huerta, The property referenced above remains in violation of the Weld County Zoning Ordinance. I have scheduled a meeting with the Board of County Commissioners on November 14, 1995 at 10:00 a.m. to consider the Zoning Violation occurring on your property. This meeting will take place in the County Commissioners' Hearing Room, first floor. Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violation. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation, the action necessary to correct the violation, and that youweregiven sufficient time to remedy the violation. The property will be reinspected November 13, 1995. If you have any questions concerning this matter, please call me. Sincerely, (7/' Slisan McMullen Zoning Inspector pc: VI -2232 952331 Inspection Report COLORADO NAME: Alfonso Huerta LEGAL DESCRIPTION OF PROPERTY: Pt of Lot 6, SE4 SE4 Section 25, Township 5, Range 66, Weld County, Colorado DATE OF INSPECTION: October 26, 1995 CASE NUMBER: VI -2232 The property was inspected to determine compliance with section 31.2, 31.3, 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is still an unscreened noncommercial junkyard located on the property. It consists of several derelict cars and piles of used building material. To bring the property into compliance the noncommercial needs to be removed or screened if screening is the option of choice then a detailed screening plan needs to be submitted to the Department of Planning Services for review and approval prior to installation. Susan McMullen Zoning Inspector pc: VI -2232 952331 ake4t/ WE�Dc COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 WELD COUNTY ZONING VIOLATION NOTICE September 27, 1995 Violation Number : VI -2232 Alfonso Huerta 2333 49th st Greeley, Colorado 80631 Legal Description : Pt Lot 6 SE4 SE4 Section 25, Township 5, Range66West of the 6th P.M., Weld County, Colorado The uses on the above described property are being considered as a zoning violation of Section 31.2, 31.3 and 31.3.9. of the Weld County Zoning Ordinance. A noncommercial junkyard is not a use allowed by right in the Agricultural zone district. The noncommercial junkyard consists of two large piles of debris from a burned down house and several derelict vehicles. The violation can be corrected by removing the noncommercial junkyard or by screening it. If screening is the option of choice then a detailed screening plan needs to be submitted to the Department of Planning Services for review and approval. 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 September 27, 1995 to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorneys office for legal action. Any information you have that may help to resolve this matter will be helpful. This office is ready to be of any assistance in clarifying or answering questions concerning this matter. Please call or write the Department of Planning Services' office. Sincerely usan McMullen Zoning Inspector pc: VI -2232 952331 Attn, WUDe COLORADO NAME: Alfonso Huerta Inspection Report LEGAL DESCRIPTION OF PROPERTY: Pt of Lot 6 SE4 SE4 Section 25, Township 5, Range 66, Weld County, Colorado DATE OF INSPECTION: September 22, 1995 CASE NUMBER: VI -2232 The property was inspected to determine compliance with section 31.2, 31.3 and 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is still a noncommercial junkyard located on the property. I met with the property owner and his adult daughter Lupe.The property owner does not speak English, but Lupe did interpret. Lupe told me that a large part of the noncommercial junkyard was her fathers house that had burned down a year or so ago. She also said that her mother had died last year and that since that time her father has required help with his property. She did express concern about how her father could get rid of the piles of materials because of their size and the expense of hiring someone to do it. I did feel that Mr. Huerta does not have the capability to clean the property himself as he had difficulty coming out onto the front porch to talk to me. There are also some derelict vehicles on the property that are Mr. Huertas. Lupe did say that she may be able to take care of the derelict vehicles. Lupe lives at Hill -N -Park not with her father. /7C %4.2( Susan McMullen Zoning Inspector pc: VI -2232 952331 WELD COUNTY DEPt MENT OF PLANNING SERVICES' CIT1 .4 INQUIRY 1400 NOR..i. 17TH AVENUE, GREELEY, COLORADO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 FORM O TELEPHONE 0 OFFICE NAME: ADDRESS: FIRST INQUIRY? 0 YES /icy, s o 4 So rniat *44-i of a TYPE OF INQUIRY O MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL O Keith Schuett ❑ Sharon White ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ NO DATE: PHONE It: 333--c) .3 ❑ Greg Thompson 0 Gloria Dunn ❑ Barry Kramer 0 Chuck Cunliffe ITEMS DISCUSSED: t[pL sac/ 7x-/ f/c< G� Mfr � 7 7v 5d' Selig MINOR SUB SKETCH PLAN MINOR SUB FINAL PLAT ZONING ADDRESSING BUILDING PERMIT SETBACKS/OFFSETS HOME OCCUPATION VIOLATION OTHER ❑ Todd Hodges 0 -zF AVAILABLE OPTIONS: CONCERNS: ACTION TO BE TAKEN: Time spent Staff Member's Initials -4'r-- 952331 fit% Wilk COLORADO September 11, 1995 Alfonso and Dominga Huerta 2333 49th Street Greeley, Colorado, 80631 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: C-95-106, located on property described as Pt Lot 6 SE4 SE4 Section 25, Township 5, Range 66, Weld County, Colorado Parcel: 095925400022 Dear Alfonso and Dominga Huerta: It has come to the attention of the Department of Planning Services' staff that the uses on your property (2333 49th Street) may not be in compliance with the Weld County Zoning Ordinance, The potential noncompliance with the zoning ordinance is an unscreened noncommercial junkyard in an Agricultural Zone. This is not a use allowed by right. The noncommercial junkyard needs to be removed or screened. If screening is the option of choice then a detailed screening plan needs to be submitted to the Department of Planning Services for review and approval. Please call me within five working days of the date of this letter to review the concerns with me. Sincerely, iatyjem Susan McMullen Zoning Inspector pc: C-95-106 SERVICE, TEAMWORK, INTEGRITY, QUALITY 952331 atg WING COLORADO Inspection Report NAME: Alfonso and Dominga Huerta LEGAL DESCRIPTION OF PROPERTY: Pt Lot 6 SE4SE4 Section 25, Township 5, Range 66, Weld County, Colorado PARCEL : 095925400021 and 095925400022 DATE OF INSPECTION: September 5, 1995 CASE NUMBER: C-95-106 The property was inspected to determine compliance with section 31.2 , 31.3 and 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There are two large piles of junk material. Included in the piles are tires and used building materials. There are also several derelict vehicles on the property. Susan McMullen Zoning Inspector pc: C-95-106 952331 ?ARC TP: R -AR::: __ IR PIN: 2633186 PARC: )95925400022 HUERTA ALFONSO & DOMINGA ASSrm YR: 1995 LAST UPDATE: ACTIVE ON: INACTIVE ON: MAP#: ATIINCL. 04/11/1995 09/16/1986 / / 2333 49TH ST GREELEY TAX AREA 0698 DATE LAST ASSESS LAST ASSESS LAND LAST ASSESS BLDGS TOTAL LAST ASSESS PRIOR YEAR ASSESS REC DT NUMBER DOC FEE 0.00 CO 80634 .082142 1994 04/21/1995 6530 0 6530 5800 DEED TP WOL 0520 6530 TOT LAND 6530 17649 L6 SE4SE4 25 5 66 EXC BEG AT SE COR L6 TOT BLDGS N150' W150' S150' E150' TO POB (1/2A M/L) ALSO TOTAL VALUE 6530 PF3: PROFILE PF4: OWNERS MESSAGE: PF5:LEGALS PF7:NEXT PARCEL PF6:DOC HIST PF10:PLOC 0 PF11:MENU PF12:REAL 952331 PARC.P: R ARC - Y PIN: 2632886 PARC: 095925400021 HUERTA ALFONSO & DOMINGA AS YR: 1995 LAST UPDATE: ACTIVE ON: INACTIVE ON: MAP#: ATIINC2_ 10/09/1990 09/16/1986 / / 2333 49TH ST GREELEY TAX AREA 0698 DATE LAST ASSESS LAST ASSESS LAND LAST ASSESS BLDGS TOTAL LAST ASSESS PRIOR YEAR ASSESS REC DT NUMBER DOC FEE 0.00 CO 80634 .082142 1994 04/21/1995 390 90 480 430 DEED TP WOL 17649A PT L6 SE4SE4 25 5 66 BEG AT SE COR L6 N150' W150' S150' E150' TO POB PF3: PROFILE PF5:LEGALS PF4: OWNERS PF6:DOC HIST MESSAGE: 1112 TOT LAND 1212 TOT BLDGS TOTAL VALUE PF7:NEXT PARCEL PF10:PLOC 390 390 90 90 480 PF11:MENU PF12:REAL 952331 WELD COUNTY ASSESSOR/TREASURER ATIBR091 PROPERT'. ,OCATOR BY PARCEL NUMBER R 095925400020 COCHRAN ROLAND K & MARY E 2632786 ACTIV 09/16/1986 INACTIV 17661 L5 SE4SE4 25 5 66 EXC TRS D & E ALSO EXC / / R 095925400021] HUERTA ALFONSO & DOMINGA R 095925400021 1 01 HUERTA ALFONSO SERIAL# 0152314G R 095925400021 2 01 HUERTA ALFONSO SERIAL# 0 R 095925400021 3 01 HUERTA ALPHONSO SERIAL# 269FJH50243CK6 R 09592540002.D HUERTA ALFONSO & DOMINGA 2632886 ACTIV 09/16/1986 INACTIV 17649A PT L6 SE4SE4 25 5 66 BEG AT SE COR L6 / / 2632986 ACTIV 09/16/1986 INACTIV 02/03/1994 17649A IMPS ONLY MH PT SE4 25 5 66 TITLE# 03E748606 2633086 ACTIV 09/16/1986 INACTIV 17649A IMPS ONLY MH PT SE4 25 5 66 TITLE# 0251593 ACTIV 10/05/1993 INACTIV 2371 49 ST 456KA&B TITLE# UNKNOWN 2633186 ACTIV 09/16/1986 INACTIV 17649 L6 SE4SE4 25 5 66 EXC BEG AT SE / / / / GREELEY / / COR L6 PF1:SELECT PF7:BACK PF8:CONT PF9: RESTART PF10:PARC PF11:REAL PF12:MENU MESSAGE: ti 952331 4*": WIDc. COLORADO October 27, 1995 Alfonso Huerta 2333 49th Steet Greeley, CO. 80631 DEPARTMENT OFPLANNINGSERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject : VI- 2232 Legal Description: Pt of Lot 6, SE4 SE4 Section 25, Township 5, Range 66 West of the 6th P.M., Weld County, Colorado Dear Alfonso Huerta, The property referenced above remains in violation of the Weld County Zoning Ordinance. I have scheduled a meeting with the Board of County Commissioners on November 14, 1995 at 10:00 a.m. to consider the Zoning Violation occurring on your property. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the BoardofCounty Commissioners might have about the violation. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation, the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. The property will be reinspected November 13, 1995. If you have any questions concerning this matter, please call me. Sincerely, Susan McMullen Zoning Inspector pc: VI -2232 952331 At4T4 COLORADO NAME: Alfonso Huerta Inspection Report LEGAL DESCRIPTION OF PROPERTY: Pt of Lot 6, SE4 SE4 Section 25, Township 5, Range 66, Weld County, Colorado DATE OF INSPECTION: October 26, 1995 CASE NUMBER: VI -2232 The property was inspected to determine compliance with section 31.2, 31.3, 31.3.9 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is still an unscreened noncommercial junkyard located on the property. It consists of several derelict cars and piles of used building material. To bring the property into compliance the noncommercial needs to be removed or screened if screening is the option of choice then a detailed -screening plan needs to be submitted to the Department of Planning Services for review and approval prior to installation. Susan McMullen Zoning Inspector pc: VI -2232 952331 Hello