HomeMy WebLinkAbout961394.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST PEDRO AND ERNESTINA RODRIGUEZ 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, Pedro and Ernestina Rodriguez, VI #9600084, 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 13th day of August, 1996, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Pedro and Ernestina Rodriguez, property owners, 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 of County Commissioners deems it advisable to delay referral of
said violation to the Weld County Attorney's Office for a period of two weeks to allow adequate
time for the property owners to bring the subject property into compliance and for an inspection
of the property by the Department of Planning Services staff, and
WHEREAS, the Board deems it advisable to proceed with legal action against the above
named individuals without further Board action if the subject property is not brought into
compliance within two weeks.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that if said violation still exists on August 27, 1996, the Weld County
Attorney be, and hereby-is, authorized to proceed with legal action against Pedro and Ernestina
Rodriguez 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.
961394
PL0824
VIOLATIONS -VI #9600084 - PEDRO AND ERNESTINA RODRIGUEZ
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of August, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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• Lidliikett g <It 6.4
Barbara,J. Kirkmeyer, Chair 1
1E61 e1O c C�C my Clerk to the Board
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Liu Lbt,Lc Lc_ ,Oeorge E. Baxter, Pro-Tem
� , Deputy Cler o the Board FXCl1RFD
Dale K. Hall �,
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Constance L. Harbe �
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W. H. Webster
961394
PL0824
DATE: August 8, 1996
VIOLATION NUMBER: VI-9600084
NAME: Pedro and Ernestina Rodriguez
ADDRESS: 1508 N. 26th Avenue, Greeley, CO 80631
LEGAL DESCRIPTION: Lot 27, Espanola Subdivision, Section 36, Township 6N, Range 66W
of the 6th P.M., Weld County, Colorado
PARCEL NUMBER: 080536102006
CASE SUMMARY:
May 23, 1996 Complaint received and assigned to Julie Chester, Zoning Compliance Officer.
May 23, 1996 Property inspected by Julie Chester. Property not in compliance.
May 23, 1996 Five day compliance encouragement letter sent.
June 14, 1996 Property inspected by Julie Chester. Property not in compliance. No one
home-left note on front door.
June 21, 1996 Zoning Violation notice sent.
July 23, 1996 Property inspected by Julie Chester. Property not in compliance. Teenager
only one home. Left card.
July 25, 1996 Letter sent to the property owners indicating that they were scheduled for a
meeting with the Board of County Commissioners.
The noncommercial junkyard is still located on the property, therefore is a violation of Sections
31.2 and 31.3.9 of the Weld County Zoning Ordinance. To bring the property into compliance
the noncommercial junkyard must be removed from the property or be screened from all
adjacent properties and public rights of way.
The Department of Planning Services also 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.
961394
PERMITS Id: MISC120 Keyword: UACT User: JCHESTER 08/13/96
Additional Notations for Inspection item: 00400 Violation
Permit No: VI-9600084 Owner: RODRIGUEZ PEDRO & ERNESTINA
Status : ISSUED Address : 1508 N 26 AV GSC
Notice : NON-COMMERCIAL JUNKYARD LOCATED ON PROPERTY
Line Insp. Date Text
1 08/13/96 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE
2 08/13/96 WELD COUNTY ZONING ORDINANCE, SECTIONS 31 . 2 AND 31 . 3 . 9 . THE
3 08/13/96 PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS A NON-
4 08/13/96 COMMERCIAL JUNKYARD CONSISTING OF ONE DERELICT VEHICLE AND
5 08/13/96 SOME OTHER MISCELLANEOUS ITEMS (TIRES, USED BUILDING
6 08/13/96 MATERIALS) . KEITH SCHUETT AND I SPOKE TO MR. AND MRS .
7 08/13/96 RODRIGUEZ AT THE TIME OF INSPECTION. MR. RODRIGUEZ DOES NOT
8 08/13/96 SPEAK ENGLISH AND WE TRIED TO EXPLAIN TO HIM THROUGH
9 08/13/96 MRS . RODRIGUEZ WHAT NEEDED TO BE DONE TO BRING THE PROPERTY
10 08/13/96 INTO COMPLIANCE. REMOVE THE NONCOMMERCIAL JUNKYARD FROM THE
11 08/13/96 PROPERTY OR SCREEN FROM OTHER PROPERTIES AND PUBLIC RIGHT OF
12 08/13/96 WAY. A VIDEO WAS TAKEN AT THE TIME OF INSPECTION.
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961394
' DEPARTMENT OF PLANNING SERVICES
' PHONE (303)353-6100,EXT.3540
WI g
FAX (303)352-6312 Co TRATIVE WELD COUNTYGREELEYISCN. 17TH
1400 N. 17TH AVENUE
COLORADO
July 25, 1996
Pedro and Emestina Rodriguez
1508 N. 26th Avenue
Greeley, CO 80631
Subject: VI-9600084 Legal Description: Lot 27, Espanola Subdivision, Section 36, Township
6N, Range 66W of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Rodriguez:
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 August 13, 1996 at
2:00 p.m. to consider the Zoning 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
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.
If you have any questions concerning this matter, please call me.
Sincerely,
Cpjleb; dittseSL-
Julie Chester
Zoning Compliance Inspector
per VI-9600084
96139/]
PERMITS Id: MISC120 Keyword: UACT User: JCHESTER 07/25/96
Additional Notations for Inspection item: 00400 Violation
Permit No: VI-9600084 Owner: RODRIGUEZ PEDRO & ERNESTINA
Status : ISSUED Address : 1508 N 26 AV GSC
Notice : NON-COMMERCIAL JUNKYARD LOCATED ON PROPERTY
Line Insp. Date Text
1 07/23/96 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE
2 07/23/96 WELD COUNTY ZONING ORDINANCE, SECTIONS 31 . 2 AND 31 . 3 . 9 . THE
3 07/23/96 PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS STILL
4 07/23/96 A NON-COMMERCIAL JUNKYARD LOCATED ON THE PROPERTY CONSISTING
5 07/23/96 OF A DERELICT VEHICLE, SOME TIRES AND OTHER PILES OF MISC.
6 07/23/96 JUNK. TO BRING THE PROPERTY INTO COMPLIANCE THE NON-
7 07/23/96 COMMERCIAL JUNKYARD MUST BE REMOVED FROM THE PROPERTY OR BE
8 07/23/96 SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC RIGHTS OF
9 07/23/96 WAY. I SPOKE TO A TEENAGER THAT WAS HOME AT THE TIME OF
10 07/23/96 INSPECTION AND LEFT MY CARD WITH HIM AND ASKED HIM TO HAVE
11 07/23/96 HIS MOM OR DAD GIVE ME A CALL.
12 07/23/96 JULIE CHESTER, ZONING COMPLIANCE OFFICER
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Comment Added O. K.
961394
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-6100,EXT.3540
FAX (303)352-6312
O WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
COLORADO GREELEY,COLORADO 80631
WELD COUNTY
ZONING VIOLATION NOTICE
June 21, 1996 Violation Number : VI-9600084
Pedro and Emestina Rodriguez
1508 N. 26th Avenue
Greeley, CO 80631
Legal Description : Lot 27, Espanola Subdivision, Section 36, Township 6N, Range 66W of the 6th
P.M., Weld County
The uses on the above described property are being considered as a zoning violation of Section 31.2 and
31.3.9 of the Weld County Zoning Ordinance. This is not a use allowed by right in the Agricultural zone
district.
The violation can be corrected by removing the non-commercial junkyard, consisting of derelict
vehicles, appliances and any other miscellaneous items, or screening them from all adjacent properties
and public rights of way. If screening is to be used, a detailed screening plan must be submitted to and
approved by the Department of Planning Services staff prior to installation.
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 21, 1996 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 call or write the
Department of Planning Services' office.
Sincerely,
Julie Chester
Zoning Compliance Officer
pc: VI-9600084
961394
PERMITS Id: MISC120 Keyword: UACT User: JCHESTER 06/21/96
Additional Notations for Inspection item: 00400 Violation
Permit No: VI-9600084 Owner: RODRIGUEZ PEDRO & ERNESTINA
Status : ISSUED Address : 1508 N 26 AV GSC
Line Insp. Date Text
1 06/14/96 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE
2 06/14/96 WELD COUNTY ZONING ORDINANCE, SECTIONS 31 . 2 AND 31 . 3 . 9 . THE
3 06/14/96 PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS A NON-
4 06/14/96 COMMERCIAL JUNKYARD LOCATED ON THE PROPERTY CONSISTING OF
5 06/14/96 DERELICT VEHICLES AND OTHER MISCELLANEOUS JUNK. TO BRING
6 06/14/96 THE PROPERTY INTO COMPLIANCE THE NON-COMMERCIAL JUNKYARD
7 06/14/96 MUST BE REMOVED FROM THE PROPERTY OR SCREENED FROM ALL
8 06/14/96 ADJACENT PROPERTIES AND PUBLIC RIGHTS OF WAY.
9 06/14/96 JULIE CHESTE ZONING COMPLIANCE OFFICER
°hi;
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Comment Added O.K.
961:19,1
•
' DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-6100,EXT.3540
FAX 303) -6312
C. 1400 N. 1(7TH AVENUE
O WELD COUNTY ADMINISTRATIVE OFFICES
COLORADO GREELEY,COLORADO 80631
May 23, 1996
Pedro and Ernestina Rodriguez
1508 N. 26th Avenue
Greeley, CO 80631
Subject: VI-9600084, Legal Description: Lot 27, Espanola Subdivision, Section 36,
Township 6N, Range 66W of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Rodriguez:
It has come to the attention of the Department of Planning Services' staff that the uses on your
property(1508 N. 26th Avenue)may not be in compliance with the Weld County Zoning
Ordinance. The potential noncompliance with the zoning ordinance is a non-commercial
junkyard located on the property consisting of a derelict vehicle, appliances and other
miscellaneous items.
Please call me within five working days of the date of this letter to review the concerns with me.
Sincerely,
CG
Julie Chester
Zoning Compliance Officer
pc: VI-9600084
SERVICE,TEAMWORK,WIEORr1Y,QUALM
961394
PERMITS Id: MISC120 Keyword: AACT User: JCHESTER 05/23/96
Additional Notations for Inspection item: 00400 Violation
Permit No: VI-9600084 Owner: RODRIGUEZ PEDRO & ERNESTINA
Status : COMPLNT Address : 1508 N 26 AV GSC
Line Insp. Date Text
1 05/22/96 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH
2 05/22/96 SECTIONS 31 . 2 AND 31 . 3 . 9 OF THE WELD COUNTY ZONING
3 05/22/96 ORDINANCE. THE PROPERTY IS NOT IN COMPLIANCE AT THIS TIME.
4 05/22/96 THERE IS A NON-COMMERCIAL JUNKYARD LOCATED ON THE PROPERTY
5 05/22/96 CONSISTING OF A DERELICT VEHICLE, APPLIANCES AND OTHER
6 05/22/96 MISCELLANEOUS JUNK. TO BRING THE PROPERTY INTO COMPLIANCE
7 05/22/96 THE NON-COMMERCIAL JUNKYARD MUST BE REMOVED FROM THE
8 05/22/96 PROPERTY OR BE VISUALLY SCREENED FROM ALL ADJACENT
9 05/22/96 PROPERTIES AND PUBLIC RIGHTS OF WAY. IF SCREENING IS TO BE
10 05/22/96 USED, A DETAILED SCREENING PLAN MUST BE SUBMITTED TO AND
11 05/22/96 APPROVED BY THE DEPT. OF PLANNING STAFF PRIOR TO INSTALLING.
12 05/22/96 JULIE CHESTER, ZONING COMPLIANCE OFFICER
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Mtn
DEPARTMENT OF PLANNING SERVICES
' COMPLAINT REPORT
COLORADO
rEr 0 ING COMPLAINT Complaint Initiated by:
a BUILDING CODE COMPLAINT Staff
❑Staff _ /�tizen ❑ Other
LEGAL DESCRIPTION: _ ( P Y •c a l t p�i�"�dC �� -(0-64-)
VIOLATION ADDRESS:p /57 0J N - � M/71
Parcel# 1) rib≤ 3 to o �� ATTACH C/OTY OF DEED
Property Owner's Name: 40 )aZtO Phone#_.
Property Owners Address: / ' 6 " ---Wt Gc <.,
Tenants Name and Mailing Address: (Jx
NATURE OF COMPLAINT: /I`C j( /
Zoning Complaint Referred To: 96"e Date: s/23 Mk
Building Code Complaint Referred To: Date:
Case Assigned To: C Date:
ACTION OF INVESTIGATOR: Date of Inspection: ✓7n- 9 tp
Inspection of property indicates:
o No violation of the Weld County a Zoning / o Building Code Ordinance
Referred to: on
❑ No vi ation otf the Weld County ❑Zoning / a Building Code Ordinance 7 7
ations of the following Sections of the mg cal- > 9 J� 3 2
a Building Code Ordinance
ACTION ON COMPLAINT: a No Action Taken/No Violation motion rile t d)Date Date .jl2
CASE REVIEWED BY SUPERVISOR Date
SUPERVISOR'S COMMENTS
NOTE: Attach all pertinent information and facts disclosed by investigation to this form.
961394
Permit No VI-9600084 DATA SHEET Page: 1
COMPLAINT 05/23/96 09:49
Data: Full Description
Description: NON-COMMERCIAL JUNKYARD ON THE PROPERTY
Data: Process Tables
Screen No: 01
Base Information
Parcel No: 0805 36 102006
Owner: RODRIGUEZ PEDRO & ERNESTINA
Status: COMPLNT Written By: JAC Sec/Twn/Rng: 36 06 66
Description: NON-COMMERCIAL JUNKYARD ON THE PROPERTY
Location: 1508 N. 26 AVE, SPANISH COLONY
Zoning Dist: AGRICULT
App Type: VI (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv * vi")
Class Code: VI-2
Noncommercial Junkyard
Complaint: 05/23/1996 Init: JAC NO VI: 00/00/0000 Init:
5 Day Letter: 05/23/1996 Init: JAC
Issued: 00/00/0000 Init:
Inspection: 05/22/1996 'nit: JAC
BCC Vio: 00/00/0000 Init:
Court: 00/00/0000 Init:
Closed BCV: 00/00/0000 Init: Closed VI: 00/00/0000 Init:
Screen No: 02
Zoning Information
Parcel No :0805 36 102006
Legal Descr:18065 L27 ESPANOLA SUB SEC 36 6 66 %1508 N 26 AV%
Owner Name :RODRIGUEZ PEDRO & ERNESTINA Date:00/00/0000 Verified:
Setbacks N: S: E: W: Req by Zoning Sec Twn Rng:36 06 66
Notes:
Zoning Dist: Acres .00
** 1=Yes, 2=No, 3=Appr/Cond Met, 4=Appr/Cond Not Met **
Legal Lot 1 Site Plan Review SPR
Prior to Zoning Yr 1 Board of Adjustment BOA
t 80 Acres 1 Non-Conforming Use NCU
Rec Exemption RE 1 Flood Hazard Dev FHDP
Sub Exemption SE 1 Geological Hazard GHP
Use Spec Review USR 1 Accessory Dwelling ZPAD
Planned Unit Dev PUD 1
Subdivision S 1
Change of Zone COZ 1 Violation VI
Data: People
OWNER RODRIGUEZ PEDRO & ERNESTINA 05/23/96
1508 N26 AV
GREELEY CO
80631 •
961394
Permit No VI-9600084 DATA SHEET Page: 2
COMPLAINT 05/23/96 09:49
Data: Conditions
Data: Comments
Data: Inspections
Item: 00404 TELEPHONE CALL Dept: Division:
Item: 00405 LETTER Dept: Division:
05/23/1996 JAC Action: VI 5 DAY LETTER SENT Time: 00:00
Item: 00400 SITE INSPECTION Dept: Division:
05/22/1996 JAC Action: VI INITIAL INSPECTION Time: 00:00
Data: Approvals
Item: 00001 Building Department Dept: BUILDING Division:
Item: 00002 Planning Department Dept: PLANNING Division:
Data: Locks, Holds, Notices
Data: Addresses
1508 N 26 AV GSC
05/23/96
Data: Parcels
080536102006 / /
96129'1
PERMITS Id: ASSR100M Keyword: @ASSRD User: JCHESTER 05/23/96
Parcel General Information Maintenance
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a General Parcel Data Maint - Action: Inspect a Record a
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Parcel No: 0805 36 102006 Rg Ts Sec 660636 a
a a
a Status : A Active Retired (Y/N) : N a
a Street Address : 1508 Dir: N St : 26 AV City: GSC a
a Situs Location: 1508 N 26 AV GREELEY SP a
a Legal Desc : 18065 L27 ESPANOLA SUB SEC 36 6 66 a
a Acres : . 00 a
a X-COORD: a
a Y-COORD: a
a Tax Rate Area: 0604 a
a Assr Use Code: 1384786 Assessed/Exempt : a
a Pub Owned (Y/N) : N a
a Primary Owner: RODRIGUEZ PEDRO & ERNESTINA Phone : a
a Mailing Addr: 1508 N26 AV a
a GREELEY CO a
a Zip: 80631 a
a Contract Owner: Percent/Ownership: . 00 a
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961.39.1
PERMITS Id: ASSR100D Keyword: @ASSRD User: JCHESTER 05/23/96
Parcel Legal Description Maintenance
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❑ Parcel Legal Description - Action: Inspect Page : 1 ❑
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❑ 18065 L27 ESPANOLA SUB SEC 36 6 66 ❑
❑ %1508 N 26 AV% ❑
❑ 1508 N 26 AV GREELEY SP ❑
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a&&&&6666686862&&&&e&&888888888&&&&666&&8866&&&82688688&88826&6&&e&&8886&&&e&e6Y
❑ Parcel : 0805 36 102006 Use : 1384786 Owner: RODRIGUEZ PEDRO & ERNESTI ❑
❑ Situs : 1508 N 26 AV GREELEY SP Acres : ❑
❑ Legal : 18065 L27 ESPANOLA SUB SEC 36 6 66
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961394
PERMITS Id: MISC301 Keyword: @ASSRD User: JCHESTER 05/23/96
User Defined Data Fields for Parcel No: 0805 36 102006
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° Parcel No: 0805 36 102006 °
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eecAdditional USER DEFINED Assessor Parcel InformationoeeeeeeeeecScreen No : 016£
❑ ❑
❑ Parent Parcel No ❑
❑ Book No. 7810 ❑
❑ Reception No. 01703498 ❑
❑ Document Type Special Warranty ❑
❑ Ownership Type ❑
❑ Recording Date / / ❑
❑ Zoning Dist ❑
❑ Legal Lot ❑
❑ Prior To Zoning ❑
❑ Prior To Zoning Year ❑
❑ > 80 Acres ❑
❑ Recorded Exemption ❑
❑ Rec Exemption Permit • ❑
❑ Rec Exemption Approv ❑
❑ ❑
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961394
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