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
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AVAILABLE OPTIONS: -;.tt��.t q,7.4c,-vi�..�
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CONCERNS:
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ACTION TO BE TAKEN:
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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
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/ L
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2 kl ti� d �--_ � 'b�.v-l_a-nom_ �s P.� � ��
7ch__xL NC
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' 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
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