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HomeMy WebLinkAbout981468.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JAMES AND HELEN SIRIOS/SHAWN LANGTON 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, James and Helen Sirios/Shawn Langton, VI #9800073, are 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 11th day of August, 1998, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, James and Helen Sirios/Shawn Langton were 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 deems it advisable to bring legal action against those individuals as hereinabove named to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against James and Helen Sirios/Shawn Langton 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. 981468 PL0824 co: PI I CF1,'J/R/O5,' ,t,gL'p47i0 VIOLATIONS - VI #9800073 - JAMES AND HELEN SIRIOS/SHAWN LANGTON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of August, A.D., 1998. BOARD OF COUNTY COMMISSIONERS 7PC0UNThCOLORADO tizi ATTEST: �► , rr ��% AS. tf."-- �• , Constance L. Harbert, Chair �����/( Weld County Clerk t+ he = •a , t )jct /j it )JJJ�L�l U f ';tiY.11 .�C� ' W. H. bste , Pro-Tem 4�Cr,►� Deputy Clerk to\ V (/ N°14 Georg . Baxter T FORM: EXCUSED DATE OF SIGNING (AYE) Dale K. Hall oun orney UCLA." .6 fir arbara J. Kirkmeyer 981468 PL0824 DATE: August 11, 1998 VIOLATION NUMBER: VI-9800073 NAME:James and Helen Sirios/Shawn Langton ADDRESS: Box 58, Keenesburg, CO 80643/P.O. Box 496 Keenesburg, CO 80643 LEGAL DESCRIPTION: The SE4 of Section 24, T2N, R64W of the 6th P.M., Weld County, Colorado. PARCEL NUMBER: 1305 24 000024 CASE SUMMARY May 4, 1998 Initial complaint received. Mobile homes located on the property without the appropriate permits. May 4, 1998 Site inspection conducted by Sharyn Frazer, Zoning Compliance Officer. There is a mobile home located on the property without the appropriate permits. There is also a deck larger than 4 x 4 being constructed on the front of the structure. Another old single wide mobile home is sitting out in the field. May 4, 1998 Five day letter sent. May 7, 1998 Helen Sirios called. She explained that the owners of the mobile home are her granddaughter and her granddaughters husband. She asked what needed to be done to bring the property into compliance. I explained the permitting process and mailed a mobile home building permit application. Ms. Sirios told me they were going to get rid of the older mobile home. She also explained that her husband is terminally ill and she will try to have Mr. Langton work with the department to achieve compliance. June 5, 1998 Progress inspection conducted. The mobile homes are still located on the property. There is no record of permits applied for through the Department of Planning Services. June 5, 1998 Thirty day letter sent. July 21, 1998 Letter mailed to the owners, Mr. and Mrs. Sirios and a copy mailed to Mr. Langton scheduling them to appear before the Board of County Commissioners at the violation hearing scheduled August 11, 1998. July 24, 1998 Telephone call from Ms. Sirios. She stated that Mr. Langton told her he applied for the permits. No record is on file in the Department of Planning Services. She also stated ' that Mr. Sirios has been admitted into the hospital and asked if I could try to contact Mr. Langton personally. August 3, 1998 Reminder letter sent to Mr. Langton reiterating the violation hearings scheduled for August 11, 1998, at 10:00 a.m. 981468 James and Helen Sirios/Shawn Langton Page 2 The mobile home is still located on the property without the appropriate permits. A deck larger than 4 x 4 has also been constructed, therefore is a violation of Section 31.2, 31.3.9, and 43 of the Weld County Zoning Ordinance and Section 70 of the Weld County Building Code Ordinance. To bring the property into compliance the appropriate permits would need to be applied for, paid for, and issued The Department of Planning Services recommends that the County Attorney authorize 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. 98 14R rs DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices ' 1400 N. 17th Avenue, Greeley, CO 80631 Phone(970) 353-6100 C. Fax(970) 352-6312 COLORADO August 3, 1998 Shawn Langton P.O. Box 496 Keenesburg, CO 80643 Subject: VI-9800073, The SE4 of Section 24, T2N, R64W of the 6th P.M., Weld County, Colorado. Dear Mr. Langton: The property referenced above remains in violation of the Weld County Zoning Ordinance. There have been no permits applied for and issued for the mobile home. I wanted to remind you that this case has been scheduled before the Board of County Commissioners on August 11, 1998 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, Sharyn Fra r Zoning Compliance Officer pc: VI-9800073 Mr. and Mrs. Sirios, Box 58, Keenesburg, CO 80643 98iy&8 CITIZEN INQUIRY FORM 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 kJ TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: 7' Q� t ci 8 NAME: (_QQ I It t 0 S PHONE: ADDRESS: 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 IK VIOLATION _ PUD SKETCH PLAN _ USR MINING OTHER _ PUD DISTRICT USR MAJOR FACILITY _ PUD FINAL P T USR DISPOSAL SITE _ STAFF PERSON "1 6- Q) - ITEMS DISCUSSED: a - S kit CD (idled 1171:4(1e> "--fine_ �} (,a tool <3-1 �,� '`""'1" �I kwobad o k m&\ n _c k . h rot me Lay\%-ltn 14\ v ct v k he__cpl ( -ed Jhyoz, no Nio_cgrotDP __,plvvj e iv4(1 t +- �pl�u eO 1n IUD ciebr fOiluilniktOi Marc 15rV _ S. ` , °la . Time Spent yVi.X1 . Staff Member's Initials: 1 citizen.shl 9 PO • • • Kt; DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 ' Phone(970) 353-6100 CFax (970) 352-6312 COLORADO July 21, 1998 James and Helen Sirios Box 58 Keenesburg, CO 80643 Shawn Langton P.O. Box 496 Keenesburg, CO 80643 Subject: VI-9800073, The SE4 of Section 24, T2N, R64W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Sirios and Mr. Langton: The property referenced above remains in violation of the Weld County Zoning Ordinance. There have been no permits applied for and issued for the mobile home. I have scheduled a meeting with the Board of County Commissioners on August 11, 1998 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,ek4),Lourcivit Sharyn Fra r Zoning Compliance Officer pc: VI-9800073 PERMITS Id: MISC120 Keyword: UACT User: SFRAZER Additional Notations for Inspection item: 00400 Violation Permit No: VI-9800073 Applicant: SIRIOS JAMES L & HELEN I Status: COMPLNT Location: SO. OF 29590 WCR 20 Line Insp. Date Text 1 06/05/98 I CONDUCTED A PROGRES INSPECTION OF THE PROPERTY. THE 2 06/05/98 MOBILE HOME IS STILL LOCATED ON THE PROPERTY WITHOUT THE 3 06/05/98 APPROPRIATE PERMITS. I WILL SEND A 30 DAY 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. a Kik DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 "ilk Phone: (970) 353-6100, Ext. 3540 Fax: (970) 352-6312 COLORADO _ WELD COUNTY ZONING VIOLATION NOTICE June 5, 1998 James and Helen Sirios Box 58 Keenesburg, CO 80643 Shawn Langton Box 496 Keenesburg, CO 80643 Subject: VI-9800073, The SE4 of Section 24, T2N, R64W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Sirios and Mr. Langton: The uses on the above described property are being considered as a zoning violation of Sections 31.2, 31.3.9 and 43 of the Weld County Zoning Ordinance. Mr. Langton is listed as a tenant on the above property and is required to obtain building permits for mobile homes placed in Weld County. 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 June 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. cerely, V� /},�� haryn F zer, ACEO� Zoning Compliance Officer pc: VI-9800073 SERVICE,TEAMWORK,INTEGRITY,QUALITY CITIZEN INQUIRY FORM 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 ELEPHONE O OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: ' 7. 98 NAME: LQn �W iOZ j PHONE: ADDRESS: 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 IX,VIOLATION _ PUD SKETCH PLAN _ USR MINING _ OTHER _ PUD DISTRICT _ USR MAJOR FACILITY _ PUD FINAL PLAT _ USR DISPOSAL SITE _ STAFF PERSON: n �\ T 'l/J'( ITEMS DISCUSSED: f th . 3 oleo. c5\ R, aaep1 .nom . 4kci. awwis D- - `1/1,P_ rnitl le, home__ MP- he,1 Q j - )mac, h,us3,.nd . EhQ Loto ,, danQ., +o oi-witOL taxi (Id ` 4&LL 3suLnAki- _c am and rV d id . �-s�� . i I G.-n.CC P 60 0 4-- (Ann+ k ( n b U3o Time Spent: I✓t w-1 Staff Member's Initia dtlzen.shl St—err/64 • (it DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices I 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 C. Fax: (970) 352-6312 COLORADO May 4, 1998 James and Helen Sirios Box 58 Keenesburg, CO 80643 Subject: VI-980073, The SE4 of Section 24, T2N, R64W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Sirios: It has come to the attention of the Department of Planning Services' staff that the uses on your property may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is two mobile homes moved onto the property and the construction of a deck without appropriate permits.: Please call me within five working days of the date of this letter to review the concerns with me. ncerely, Sharyn Framer Zoning Compliance Officer pc: VI-9800073 SERVICE,TEAMWORK,INTEGRITY,QUALITY 98)1/0° PERMITS Id: MISC120 Keyword: UACT User: SFRAZER Additional Notations for Inspection item: 00400 Violation Permit No: VI-9800073 Applicant: SIRIOS JAMES L & HELEN I Status: COMPLNT Location: SO. OF 29590 WCR 20 Line Insp. Date Text 1 05/04/98 I CONDUCTED A SITE INSPECTION OF THE PROPERTY 5-4-98. THERE 2 05/04/98 IS A MOBILE HOME LOCATED ON THE PROPERTY WITHOUT THE 3 05/04/98 APPROPRIATE PERMITS. THEY ARE ALSO BUILDING LARGER THAN A 4 05/04/98 4X4 DECK ON THE STRUCTURE. I WILL SEND A 5 DAY LETTER. Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/flown=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. i Al'et coo obikk 4 t - S11 ' ,n-4k. twata o2( re;ti";% C sboanituna. 8c1, 4o C. or5 coal rt)ai ,.Ab DEPARTMENT OF PLANNING SERVICES • Eck ao - Junr COMPLAINT REPORT iiiipeCOLORADO o ZONING COMPLAINT Complaint Initiated by o BUILDING CODE COMPLAINT O Staff 0 Citizen O Other Legal Description: Parcel# Violation Address: _ Property Owners Name: r`aik, r\ I Gl.nCDS (tfl' Phone# Property Owners Address: J tr(1tett&Q,n, S If 10.5 /x.0O AL. (1/104t Tenant's Name: Phone# Yartab Tenant's Address: • _^ NATUR OF COMPLAINT: gy� w 0 Cf c[O —' 00 v,44� O � q 6 ? 4--I,t m 4i1 — buIer414 ma u.a-Q d ,oad.) 10\aCD— no ?usiolca-tAriC, C Zonin omplaint Referred To: �l��, rn 1, ,AC6 " } t elt' Date: Building Code Complaint Referred To: J'! — 1 ACTION OF INVESTIGATOR Date of Inspection: Inspection of the property indicates: ❑ No violation of the Weld County 0 Zoning Ordinance/ O Building Code Ordinance ❑ Violation of the following sections of the Zoning Ordinance 0 Violation of the following sections of the Building Code Ordinance ACTION ON COMPLAINT ❑ No Action Taken/No Violation 0 Violation File Started Date: Date: PERMITS Id: ASSR100M Keyword: SPARC User: SFRAZER 05/04/98 Parcel General Information Maintenance General Parcel Data Maint - Action: Update Record Parcel No: 1305 24 000024 Rg Ts Sec : 640224 Status: A Active Retired(Y/N): N Street Address: Dir: St: City: Situs Location: Legal Desc: 8422 SE4 24 2 64 EXC COM SE COR SEC S89D31'W Acres: 133.94 X-COORD: Y-COORD: Tax Rate Area: 0312 Assr Use Code: 5079286 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: SIRIOS JAMES L 8 HELEN I Phone: Mailing Addr: BOX 58 KEENESBURG CO Zip: 80643 Contract Owner: Percent/Ownership: .00 F7tWrite Record, F2¢Allow Fractions, ESC¢Cancel PERMITS Id: MISC301 Keyword: SPARC User: SFRAZER 05/04/98 User Defined Data Fields for Parcel No: 1305 24 000024 Parcel No: 1305 24 000024 Additional USER DEFINED Assessor Parcel Information Screen No: 01 Parent Parcel No Book No. 1210 Reception No. 02156424 Document Type Warranty Deed Ownership Type JT Recording Date 09/22/1988 Sep 22, 1988 Zoning Dist Legal Lot Prior To Zoning Prior To Zoning Year 80 Acres Recorded Exemption Rec Exemption Permit Rec Exemption Approv F7tUpdate, _ESC¢Cancel g121-fi ` PERMITS Id: ACTP125 Keyword: AACT User: SFRAZER 05/04/98 Activity Table Processing Violation Permit No: VI-9800073 Applicant: SIRIOS JAMES L & HELEN I Status: COMPLNT Type: VIO Vers: 9601 Screen: 01 Base Information Parcel No: 1305 24 000024 Owner: SIRIOS JAMES L & HELEN I Status: COMPLNT Written By: SEF Sec/Twn/Rng: 24 02 64 Description: 2 SINGLE WIDE MOBILE HOMES LOCATED ON THE PROPERTY Location: SO. OF 29590 WCR 20 Zoning Dist: A Permit Num: App Type: BCV (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi") Class Code: VI-1 mobile home(s) Complaint: 5/ 1/1998 Init: SEF NO VI: / / Init: 5 Day Letter: 5/ 4/1998 Init: SEF Issued: / / Init: Inspection: / / Init: BCC Vio: / / Init: Court: / / Init: Closed BCV: / / Init: closed VI: / / Init: Enter Table Screen Number: 2 or ESC=Exit Table Processing F1=List Screens PERMITS Id: ACTP124 Keyword: AACT User: SFRAZER 05/04/98 Activity Full Description Maintenance Violation Permit No: VI-9800073 Applicant: SIRIOS JAMES L & HELEN I Status: COMPLNT Location: SO. OF 29590 WCR 20 Full Work Description Description: Page No: 1 2 SINGLE WIDE MOBILE HOMES LOCATED ON THE PROPERTY W/O THE APPROPIRATE PERMITS. ALSO CONSTRUCTION OF A DECK ON ONE OF THE MOBILE HOMES. F2=Next Page, F3=1ST Page, F4=Prev Page, F7=Update, ESC=Exit Desc Maint 9811/&? Hello