Loading...
HomeMy WebLinkAbout951024.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST HILL -N -PARK SANITATION DISTRICT 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, Hill -N -Park Sanitation District, VI #2180, 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 16th day of May, 1995, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Hill -N -Park Sanitation District, property owner, 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 delay referral of said violation to the Weld County Attorney's Office for a period of thirty days to allow adequate time for the property owner to apply for and have approved the appropriate permits and 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 individual without further Board action if the subject property is not brought into compliance within thirty days. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on June 16, 1995, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Hill -N -Park Sanitation District 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. 951024 de: Pc )` en) F -/MU w'oi1RK PL0824 VI #2180 - HILL -N -PARK SANITATION DISTRICT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of May, A.D., 1995. BOARD OF COUNTY COMMISSIONERS Deputy Cleto the Board APPROVED AS TO FORM: y�Attorney ELD COUNTY, COLORADO Dale K. Hall, Chairma 1,C//L4 \/ ct/r' ti Eiarbar3 J. Kirkmeyer, -Tem L eorge E'.Baxter Fxrl ISEn Constance L. Harbert W. H. Webster 951024 PL0824 MEMORANDUM WIOc. COLORADO TO: The Board of County Commissioners From: Julie Chester, Zoning Inspector SUBJECT: Re: Hill -N -Park Sanitation May 16, 1995 We would like to request a continuance for VI -2177, Hill -N -Park Sanitation, to give Mr. Bollock more time to obtain the proper permits and to bring the property into compliance. This is agreeable to The Department of Planning staff and the property owner at this time. 951024 COLORADO Inspection Report NAME: Hill -N -Park Sanitation LEGAL DESCRIPTION OF PROPERTY: NW4/NW4 of Section 36, Township 5N, Range 66W of the 6th P.M., Weld County, Colorado DATE OF INSPECTION: May 15, 1995 CASE NUMBER: VI -2180 The property was inspected to determine compliance with section 31.2, 31.3.9, and 43 of the Weld County Zoning Ordinance. The property is not in compliance at this time. The property is in compliance in regards to Sections 31.2 and 31.3.9. The non-commercial junkyard has been removed and a concerted effort has been made to clean up the property. The only remaining violation is concerning the recreational vehicle on the property without the proper permits. Mr. Roy Bollock (tenant) is attempting to come into compliance by obtaining the proper permits for the recreational vehicle. A video was taken of the property at the time of inspection. uhe Chester Zoning Inspector 951024 DATE: May 10, 1995 VIOLATION NUMBER: VI -2180 NAME: Hill and Park Sanitation ADDRESS: P.O. Box 929, Greeley, CO 80631 LEGAL DESCRIPTION: NW4/NW4 of Section 36, Township 5N, Range 66W of the 6th P.M., Weld County, Colorado CASE SUMMARY: March7, 1995 Letter received from Health Department (Laurie Exby) concerning property in question. March 16, 1995 Five-day compliance encouragement letter sent. March 21, 1995 Fax sent to John Shupe -Hill and Park Sanitation District concerning property in question. March 21, 1995 Telephone conversation between John Shupe and Barry Kramer concerning property in question. March 22, 1995 Zoning and Building Code Violation Notice sent. April 27, 1995 Property inspected. Property is still in violation. May 1, 1995 May 1, 1995 May 1, 1995 Telephone conversation between Laurie Exby-Health Department and Julie Chester -Zoning Inspector, concerning property in question. Five-day compliance encouragement letter sent. Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. May 2, 1995 Telephone conversation between Laurie Exby and Julie Chester concerning property in question. Health Department violation is clear. The noncommercial junkyard is a violation of Section(s) 31.2, 31.3.9, and 43 of the Weld County Zoning Ordinance. To correct the violation a screening plan must be submitted and approved or the noncommercial junkyard must be removed from the property. In addition, the appropriate land use permit and appropriate building permit must be applied for and approved by the staff of the Department of Planning for the recreational vehicle. 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 person claiming an interest in the properties, and any persons acting in active concert with the identified parties. 95102A WELD COUNTY DEPAR NT OF PLANNING SERVICES' CITIZ 1400 NORTH. 17TH AVENUE, GREELEY, COLORADO PHONE: (303) 353-6100 EXT. 3540 FAX: (303) INQUIRY FORM 80631 351-0978 t1 TELEPHONE ❑ OFFICE NAME: 11i.IC c_a ADDRESS: TYPE OF INQUIRY ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL O Keith Schuett O Sharon White 0 Barry Kramer FIRST INQUIRY? 0 YES 2 ---NO DATE: ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ Greg Thompson ITEMS DISCUSSED: .;tlYiL -fie %I c`x ) PHONE II: Y7 / ,a2yr ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION P -VIOLATION ❑ OTHER p- C �_EC/`i / ti l` c rto 41 < . ❑ U ❑ Gloria Dunn 0 Todd Hodg ,,,/ ❑ Chuck Cunliffe f <x-;iC1-t-i�f-<-� t-&-C-3-Cc Q -f. C_(/ ��ca AVAILABLE OPTIONS: -;.tt��.t q,7.4c,-vi�..� J -�-(i wit- L'Zi �i. � '_"/<< C L-E_L.-c-�.c.z- ye_ Lie' -( P /1 CONCERNS: i) ACTION TO BE TAKEN: -1:-.)1A--7,1 L.-YC- /) I r 2 It . / � C: � ' Time spernt <-i),r<_,,,. e[y c (C. f -7J f _O/O L I vi -c p !ti !.. � / 11Uet6LI a el211Lq-il 1a{et>�< ' (? t'i _�; p �� 21 Staff' -Member's Ini a / , ,C (7/ 951024 AC WE�Pc. A\rt COLORADO May I, 1995 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 382-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Hill and Park Sanitation P.O. Box 929. Greeley, CO 80631 Subject: VI -2173, Legal Description: NW4/NW4 of Section 36, Township 5N, Range 66W of the 6th P.M., Weld County, Colorado Dear To whom it may concern: 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 May 16, 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 you were given sufficient time to remedy the violation. We will reinspect the property on May 15, 1995. If you have any questions concerning this matter, please call me. Sincerely, u1c a Julie Chester Zoning Inspector VI -2173, Roy Bollock SERVICE, TEAM WORK, INTEGRITY. QUALITY 951024 p‘al WIDc. COLORADO May 1, 1995 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 Hill and Park Sanitation P.O. Box 929 Greeley, CO, 80631 Subject: C-95-23, NW4/NW4 of Section 36, Township 5N, Range 66W of the 6th P.M., Weld County, Colorado To whom it may concern: It has come to the attention of the Department of Planning Services' staff that the uses on the above described property may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is a non-commercial junkyard consisting of several derelict vehicles. Please call me within five working days of the date of this letter to review the concerns with me. Sincerely, „do On Julie Chester Zoning Inspector pc: C-95-23 SERVICE, TEAMWORK, INTEGRITY, QUALITY 951024 WELD COUNTY DEPAI ENT OF PLANNING SERVICES' CITL2 INQUIRY FORM 1400 NORTH. 17TH AVENUE, GREELEY, COLORADO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 351-0978 [/TELEPHONE 0 OFFICE II NAME: Leck_ CA r (k CvCicl FIRST INQUIRY? ❑ YES a -NO DATE: "� 1 /95 - ADDRESS: ALL - (O( �-4)(2 /) (-r� TYPE OF INQUIRY ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN ❑ PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL PHONE II: -e till 21-, ' ❑ SKETCH PLAN ❑ PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION ❑ FHDP ❑ GHDP ❑ USR ❑ AMENDED USR ❑ USR MINING ❑ USR MAJOR FACILITY ❑ USR DISPOSAL SITE ❑ Keith Schuett ❑ Greg Thompson ❑ Sharon White 0 Barry Kramer ITEMS DISCUSSED: 35 _2 - S / eAt-4" o929- ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/ -OFFSETS ❑ HOME OCCUPATION ,2KVIOLATION ❑ OTHER L i V;ol ❑ Gloria Dunn 0 Todd Hodges ❑ Chuck Cunliffe FE—Ju),t' ClketAtct 6e,_,,, Q� acLc__ (LA -y-1 - , (4,4-0-44(41.--(rAtAi AVAILABLE OPTIONS: CONCERNS: (M V c Aini_rn F,c ria;Lit (4 f -_1 f li"t-Q 1I- /M 7"' 0: rat w �-1 ) z0 ACTION TO BE TAKEN: Time spent 5 Pt Lri_> Staff Member's Initials 951024 WLDc. COLORADO NAME: Hill and Park Sanitation Inspection Report LEGAL DESCRIPTION OF PROPERTY: NW4/NW4 of Section 36, Township 5N, Range 66W of the 6th P.M.. Weld County, Colorado DATE OF INSPECTION: April 27, 1995 CASE NUMBER: C-95-23 The property was inspected to determine compliance with section 3 L2, 31.2.16, 43 of the Weld County Zoning Ordinance. The property is not in compliance at this time. A recreational vehicle is being used as a non -transient residence without the appropriate land use permit or appropriate building permit. The trailer is hooked up to utilities on the property. There is also a non-commercial junkyard which consisted of some derelict vehicles. There was no response to the car horn or a knock on the door of the trailer. As we were leaving the property, Roy Bollock drove up and we spoke to him briefly. We told him to bring the property into compliance he would need to contact a planner and apply for a zoning permit and a building inspector for a building permit for connection of the utilities. He agreed to contact both the same day (April 27, 1995). The derelict vehicles would also need to be removed from the property. Mr. Bollock said they had belonged to the previous tenant and he would speak to this person to have them removed. Two pictures were taken of the trailer and utility hook-ups. CI clot/ (. Julie Chester Zoning Inspector 951024 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 March 22, 1995 WELD COUNTY ZONING AND BUILDING CODE VIOLATION NOTICE Hill -II -Park Sanitation District P.O. Box 929 Greeley, CO 80631 VI -2180 BCV-2173 Legal Description : NW4/NW4 of Section 36, T5N, R66W of the 6th P.M., Weld County, Colorado. The uses on the above described property are being considered as a violation of Section 3 1.2.16 of the Weld County Zoning Ordinance and Section 70 of the Weld County Building Code Ordinance. A recreational vehicle being used as a non -transient residence without the appropriate land use permit or the appropriate building permit. This is a use allowed by right in the "A" (agricultural) zone district however is subject to the additional requirements of section 43 of the Weld County Zoning Ordinance. The violation can be corrected by removing the recreational vehicle from the property, discontinuing its use as residence, or applying for and being issued the appropriate zoning and building permits. The choice of the land use permit and a building permit to bring the property into compliance will require the payment of a fifty percent investigation fee in addition to the normal fees payable at the time of application. It is the intention of this office to assist and cooperate with you without imposing undue hardships, however we will have no discretion in this matter if you fail to correct the violation by April 22, 1995. Failure to do so will result in this office scheduling the violation for a hearing 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 Barry Kramer Building Inspection Specialist 351024 WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (303) 353-6100 EXT. 3540 FAX: (303) 352-6312 i ❑ TELEPHONE ❑ OFFICE FIRST INQUIRY? YES ❑ NO DATE: NAME: / ADDRESS: O PHONE - TYPE OF INQUIRY. ❑ MHZP ❑ ZPMH ❑ RE ❑ AMENDED RE ❑ SE ❑ AMENDED SE ❑ SITE PLAN REVIEW ❑ REZONING ❑ PUD SKETCH PLAN • PUD DISTRICT ❑ PUD FINAL PLAT PERSONNEL ❑ Keith Schuett ❑ Sharon White ❑ Dave Sprague ITEMS DISCUSSED: �, C' ❑ SKETCH PLAN O PRELIMINARY PLAN ❑ FINAL PLAT ❑ RESUBDIVISION • FHDP ❑ GHDP ❑ USR ❑ AMENDED USR U USR MINING ] USR MAJOR FACILITY • USR DISPOSAL SITE ❑ Shani Eastin • Barry Kramer ❑ -Ken Schlueter U Gloria Dunn ❑ Jeff Reif ❑ MINOR SUB SKETCH PLAN ❑ MINOR SUB FINAL PLAT ❑ ZONING_ ❑ ADDRESSING ❑ BUILDING PERMIT ❑ SETBACKS/OFFSETS ❑ HOME OCCUPATION ❑ VOLATION ❑ OTHER ❑ LI Todd Hodges O Roger Vigil /3 �; / L i C� /J u -C r ?-" .L. t '-e / 2 kl ti� d �--_ � 'b�.v-l_a-nom_ �s P.� � �� 7ch__xL NC <7i ' I A Time Spent Staff Members Initials 951024 FACSIMILE MEMORANDUM at WIDc. COLORADO This message consists of y pages plus this cover sheet. 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 SENT: PLEASE DELIVER THE FOLLOWING PAGE(S) TO: lye /1c� COMPANY: FAX NUMBER: a. Date: / o<' ! / .m. — /� ? 71. _A ,/(-- �%, ��r Zvi,- LC'�'! ��.i4�iF'iC :SSD ,r? y/ FROM: -,7)ir-AV' V K.444YIE, , ba, SPECIAL INSTRUCTIONS: PHONE # 303/353-6100, Ext. 3540 FAX# 303/352-6312 CALL: EXT. 951024 hill -N -Park Certified Letter No.: Z 740 630 524 Legal Action No.: 95-011 Page 2 Be advised that you have five (5) days from receipt of this notice to correct the aforementioned violation(s). Failure to comply with the above, shall result in further legal actions as specified in Weld County Individual Sewage Disposal System Regulations, as follows, in part: 3.24 Penalties Any person who commits -any of the following acts or violates any of the provisions of the regulations commits a Class I petty offense, as defined in Section 18-1-107, CRS 1994. A. Constructs, alters, installs, or permits the use of any individual sewage disposal system, without first having applied for and received a permit as provided for in 25-10- 106, CRS 1994 or 25-10-105 (1) (f), CRS 1994. If you should have any questions concerning this matter, please contact this office at 353-0635. Sincerely, Laurie Exby Environmental Protection Specialist LE/JLS/cy-361 Jeffrey L. Stoll M.P.H. Director Environmental Protection Services cc: John S. Pickle, M.S.E.H., Director, Weld County Health Department Le orrison, Assistant County Attorney @arry Kramer, Weld County Planning Department 951024 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 COLORADO March 16, 1995 Hill -n -Park Sanitation District P.O. Box 929 Greeley, CO 80631 SUBJECT: C-95-23 Property located at Part of the NW4/NW4 of Section 36, T5N, R66W of the 6th P.M., Weld County, Colorado. To Whom It May Concern : 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 and Building Code Ordinance. The potential noncompliance with the ordinance is a recreational vehicle being used as a non -transient residence without the appropriate land use permits or a building permit. Please call me within five working days of the date of this letter to review the department's concerns. Sincerely, 3a7 (tA5L1 Barry Kramer Building Inspection Specialist SI ItVICE, TIlAM\VOliti_ "'1'(821IY. QUILIIY 951024 COLORADO March 6, 1995 Certified Letter No.: Z 740 630 524 Legal Action No.: 95-011 Hill -N -Park Sanitation District PO Box 929 Greeley, Colorado 80631 DEPARTMENT OF HEALTH 1517 - 16 -AVENUE COURT GREELEY, COLORADO 80631 ADMINISTRATION (303) 353-0586 HEALTH PROTECTION (303) 353-0635 COMMUNITY HEALTH (303) 353-0639 ` 'r�WrJy To Whom It May Concern: In response to a complaint, your property located at NW 1/4 of the NW 1/4 lying south of Evans town ditch was investigated on March 2, 1995 by_Laurie -Exby, Environmental Specialist for the Weld County Health Department. The inspection revealed a travel trailer with no septic system. Please be advised that the above described situation is in violation of Weld County Individual Sewage Disposal System Regulations, as follows in part: Sec 3.1 "General Sanitation Requirements: The owner of any structure where people live, work, or congregate shall insure that the structure contains an adequate, convenient, sanitary toilet and sewage disposal system in good working order. Under no condition shall sewage or effluent be permitted to be discharged upon the surface of the ground,..." Also be further advised that: Colorado Revised Statute Section 25-1-613 provides the following: "The -Board of Health shall examine all nuisances causes of sickness, which, in its opinion, may be of the inhabitants, within its own town, city or destroy, remove, or prevent the same as the case MAR 0 7 1995 N1wnfll fl0 , sources of filth, and injurious to the health county..., and it shall -may require." 951024 INACTIVE ON: / / MAP#: P O BOX 929 GREELEY CO 80631 TAX AREA 0697 DATE LAST ASSESS LAST ASSESS LAND LAST ASSESS BLDGS TOTAL LAST ASSESS PRIOR YEAR ASSESS REC DT NUMBER DOC FEE 0.00 .082142 1994 04/22/1994 460 0 460 460 DEED TP WOL 9149 30.00 460 TOT LAND 460 17750B PT NW4NW4 36 5 66 LYING S OF EVANS TOWN TOT BLDGS DITCH TOTAL VALUE PF3: PROFILE PF4: OWNERS MESSAGE: PF5:LEGALS PF7:NEXT PARCEL PF6:DOC HIST PF10:PLOC 0 460 PF11:MENU PF12:REAL 951024 Hello