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HomeMy WebLinkAbout960175.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST HIPOLITO AND JOSIE FLORES 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, Hipolito and Josie Flores, VI #2252, 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 February, 1996, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Josie Flores, property owner, was present 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 April 1, 1996, to allow adequate time for the property owners to remove derelict vehicle and complete cleanup 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 by April 1, 1996. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on April 1, 996, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Hipolito and Josie Flores 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. 960175 PL0824 ��+; PG) C/j '76 res VIOLATIONS - VI #2252 - FLORES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of February, A.D., 1996. BOARD OF COUNTY COMMISSIONERS _1;j: :,, WELD COUNTY, COLORADO L.t*IJ,J'.-2.,/fr Ji',Il% Wett-etFxc:irSFn : ,> r r+� Barbar J. Kirkmeyer, hair it�S��C� 1_ my Clerk to the Board /J/ f, Ce.of' /L c `- tel: (O\, ./ wt. Bax , P tBoaterTet rd ' -.1 DaleA(. Hall APP D AS TO F �`' ,,Z �-ifece---,. - Constance L. Harbert unty tt ey/ _ y W. . ebs er 960175 PL0824 DATE: February 5, 1996 VIOLATION NUMBER: VI-2252 NAME: Hipolito and Josie Flores ADDRESS: 2265 West 49th Street Greeley, Co. 80634 LEGAL DESCRIPTION: Lot 1, Block 1, Flores Subdivison, Weld County, Colorado (096130303001) CASE SUMMARY: November 7, 1995 Complaint made and assigned to Susan McMullen. November 14, 1995 Property inspected, property is in violation. November 15, 1995 Five-Day compliance encouragement letter sent. November 27, 1995 Property inspected, property is in violation. November 28, 1995 Zoning Violation notice sent. November 30,1995 Property inspected, property is in violation. December 1, 1995 Property owner left a message with her phone number and the best time to call. December 6, 1995 Telephone conversation between property owner and Susan McMullen. The property is being cleaned up and they may be completed by December 28, 1995. January 26, 1996 Property inspected, property is in violation. January 26, 1996 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioner s. ,� The unscreened noncommercial junkyard is a violation of Section(s) 31 2 and 31.3"9 of the Weld County Zoning Ordinance. To correct the violation 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 before installation. 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. 960175 a fa I DEPARTMENT OF PLANNING SERVICES IDPHONE (303)353-6100,EXT.3540 FAX (303)352-6312 O WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE • GREELEY,COLORADO 80631 COLORADO January 26, 1996 Hipolito and Josie Flores 2265 West 49th Street Greeley, CO. 80634 Subject : VI-2252 Legal Description: Lot 1, Block 1, Flores Subdivision, Weld County, Colorado Dear Hipolito and Josie Flores, 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 February 13; 1996 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. The property will be reinspected February 12, 1996 If you have any questions concerning this matter, please call me. Sincerely, usan McMullen Zoning Inspector pc: VI-2252 • 960175 wiInspection Report COLORADO NAME: Hipolito and Josie Flores LEGAL DESCRIPTION OF PROPERTY: Lot 1, Block 1, Flores Subdivision, Weld County, Colorado (096130303001) DATE OF INSPECTION: January 26, 1996 CASE NUMBER: VI-2252 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 non-commercial junkyard located on the property. It consists of some derelict cars and a household appliance. There has been a lot of clean-up done on the property. To bring the property into compliance the non-commercial 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 prior to installation. Susan McMullen Zoning Inspector pc: VI-2252 960175 ., WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 �j CI TELEPHONE CI OFFICE FIRST INQUIRY? CI YES CI NO DATE: �c? m≤ - ( p 7S - NAME: 9 � PHONE: S ! ( - / p a.) ADDRESS: TYPE OF INQUIRY: ❑ MHZP O SKETCH PLAN ❑ MINOR SUB SKETCH PLAN ❑ ZPMH ❑ PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT 0 RE O FINAL PLAT ❑ ZONING ❑ AMENDED RE ❑ RESUBDIVISION U ADDRESSING ❑ SE ❑ FHDP ❑ BUILDING PERMIT ❑ AMENDED SE ❑ GHDP O SETBACKS/OFFSETS U SITE PLAN REVIEW O USR ❑ HOME OCCUPATION ❑ REZONING O AMENDED USR ❑ VIOLATION ❑ PUD SKETCH PLAN O USR MINING ❑ OTHER ❑ PUD DISTRICT ❑ USR MAJOR FACILITY ❑ ❑ PUD FINAL PLAT O USR DISPOSAL SITE ❑ PERSONNEL ❑ Keith Schuett ❑ Shani Eastin O Gloria Dunn ❑ Todd Hodges ❑ Chris Goranson O Susan McMullen ❑ Ed Stoner ❑ Roger Vigil O Ken Schlueter ❑ ❑ ❑ ITEMS DISCUSSED: .®>P £ cen-v--s fr (Pr Time Spent Staff Members Initials 79r-- citizen 960175 N J WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 ❑ TELEPHONE ❑ OFFICE-- FIRST INQUIRY? ❑ YES la NO DATE: I�NAME () SIC, Pio r2� PHONE: 3 of 9— 91-42 D-- ADDRESS: TYPE OF INQUIRY: ❑ MHZP ❑ SKETCH PLAN ❑ MINOR SUB SKETCH PLAN ❑ ZPMH U PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT ❑ RE ❑ FINAL PLAT ❑ ZONING ❑ AMENDED RE O RESUBDIVISION ❑ ADDRESSING ❑ SE ❑ FHDP ❑ BUILDING PERMIT ❑ AMENDED SE ❑ GHDP U SETBACKS/OFFSETS ❑ SITE PLAN REVIEW ❑ USR ❑ HOME OCCUPATION ❑ REZONING ❑ AMENDED USR ❑ VIOLATION ❑ PUD SKETCH PLAN ❑ USR MINING ❑ OTHER ❑ PUD DISTRICT ❑ USR MAJOR FACILITY ❑ ❑ PUD FINAL PLAT ❑ USR DISPOSAL SITE ❑ PERSONNEL ❑ Keith Schuett ❑ Shani Eastin ❑ Gloria Dunn ❑ Todd Hodges ❑ Chris Goranson ❑ Susan McMullen ❑ Ed Stoner ❑ Roger Vigil ❑ Ken Schlueter ❑ ❑ ❑ ITEMS DISCUSSED: e9_/„."1 /�f 0 f v 1e O- 74„r l D � �� i L/O c?ry? Time Spent Staff Member's Initials /It— citizen 960175 fitit4; IYi`,PC Inspection Report COLORADO NAME: Hipolito and Josie Flores LEGAL DESCRIPTION OF PROPERTY: Lot 1, Block 1, Flores Subdivision, Weld County, Colorado DATE OF INSPECTION: November 30, 1995 CASE NUMBER: VI-2252 The property was inspected to determine compliance with section 31.2 and 31.3.9 of the Weld County Zoning Ordinance. The property owner called and left a message that the property was now in compliance. I did do an inspection,the property is not in compliance at this time. There are still used building materials and junk materials on the property. The materials do include window frames and other miscellaneous scrap metals. I did attempt to talk to an adult male resident but was not able to get a phone number for Josie Flores due to a language barrier. Susan McMullen Zoning Inspector pc: VI-2252 960175 o "rto 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 November 28, 1995 Violation Number: VI-2252 Hipolito and Josie Flores 2265 West 49th Street Greeley,Colorado 80634 Legal Description : Lot 1,Block 1, Flores Subdivision, Weld County,Colorado 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. An unscreened noncommercial junkyard is not a use allowed by right in the Agricultural zone district.The noncommercial junkyard consists of one appliance and some used building materials.The violation can be corrected by removing the noncommercial junkyard or 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 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 November 28, 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 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 Susan McMullen Zoning Inspector pc: VI-2252 960175 f_6 ern Inspection Report Elk COLORADO NAME: Hipolito and Josie Flores LEGAL DESCRIPTION OF PROPERTY: Lot I, Block 1, Flores Subdivision, Weld County, Colorado DATE OF INSPECTION: November 27, 1995 CASE NUMBER: VI-2252 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 still an unscreened noncommercial junkyard located on the property. It consists of one appliance and used building materials, including some window frames. The majority of the noncommercial junkyard including the collection of appliances and the bath tub have been removed. To bring the property into compliance the rest of 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 prior to installation. � 7( Susan McMullen Zoning Inspector pc: VI-2252 960175 f f { 3.. ..!:1. J .`. ARe"dsi33 QUIT CLAIM DEED THIS DEED is made this 30 day of ;i�... .� -- 19 9.f;between Delia Martinez,• Jesse N.Flores,Josie Flores,Oralia Flores,Tony Delacruz,and Wanda Delacruz,of the first part, and Josie Flores and Hipolito Flores,of the second part. a+, • WI'FNESSETH,that the said party of the first part,for and in consideration of good and valuable consideration,to the said party of the first part.the receipt whereof is hereby confessed and acknowledged,has remised,released,sold,conveyed and QUIT CLAIMED,and by these presents • does remise,release,sell,convey and QUIT CLAIM unto the said party of the second part,its heirs, successors and assigns,forever,all the right,title,interest,claim and demand which the said party of the first part has in and to the following described lots or parcels of land situate,lying and being in the County of Weld and State of Colorado,to wit: ..> - '„ Lot I,Block I,Flores Subdivision,a subdivision • in part of the Southwest Quarter of . Section 30,Township 5 North, Range 65 West of the 6th P.M.,County of Weld, State of Colorado TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and i '' privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title, interest and claim whatsoever,of the said party of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party of the second part,heirs and assigns forever. IN WITNESS WHEREOF,the said party of the first part has hereunto set its hand and seal , • the day and year first above written. By/a � _ , i �OS� — STATE OF COLORADO ) ) ss. it. _ County of Weld ) t -` • The foregoing instrument was acknowledged before me this 'TO day of R7, . 19Q1_,by Delia Martinez. ��,�� A.D. .19n Witness my hand and official seal this A day of/7 . r•,.r i J'I . My Cornnussmn Lcpaes Notary Public , • , `n January26, 19982 D'V�� , ' My commission expires: • —i {' 2 Page I or4 Pages ,,,,,,,,,,pper+ CC�� t 2425133 11-1478 l'-361 02/02/95 1.2:5ht' PO I OR 4 RFC 000601'75 I,,` Weld County CO Clerk ✓1 Recorder i .t I 4,1:. jyr w4` r 1 • al • '.1 f t Quit Claim Deed(cont'd) • _ By 9I lip • b. STATE OF COLORADO ) ss. County of Weld ) r. The foregoing instrument was acknowledged before me this s day of Janiney 19 of,by Jesse N.Flores. 4 Witness my hand and official seal this 30 day of '✓ A.D., 19 95`' h + //Jratiy YJ—yam'.( My Commission Expires Notary Public :?j l' e , My commission expires: January 26, 1998 `7-.0""i CO `I it . • STATE OF COLORADO ) �// L`! ' ` - ) ss. • County of Weld ) The foregoing instrument was acknowledged before me this day of j17jn/x , • 19 QS,by Josie Flores. Witness my hand and official seal this JO day of ,A.D., 19 95, . r i. • • My Commission Expires otary Public ilE0 11 My commission expires: January 26, 1998 'i ��� p .3 se Or. i - 11 • II Page 2 of 4 Pages li t i 7 ;i 2425133 A-1478 P-361 02/02/95 12t56P It; 2 OF 4 9601 • • 4 - i',-` •rzf,f4.9,;',„.,,. c '; I I{ •i , .I )'IIln r 1 I • t Quit Claim Deed(cont'd) Ity.at-a.. :g.tau'd uLU. STATE OF COLORADO ) - ) ss. County of Weld ) The foregoing instrument was acknowledged before me this ?D day of. kw ay , ' 19 qs by Oralia Flores. Witness my hand and official seal this -iD day of ,/amvn y A.D., 19 QS • Notary Public ,y, • , . •,,, 1 b;, ' . • . . ... . ' 0 • Jr ... `'s. -` My Commission Expires J Y. Q0 _ My commission expires: January 26, 1998 `�4"' ' • By:' L • STATE OF COLORADO ) ) ss. County of Weld ) •; The foregoing instrument was acknowledged before me this, 5'O day of,Jacmia/ , 19 qc,by Tony Delacruz_ — / . Witness my hand and official seal this ,b day of A D., 19 Qf • otary Public ij.• • My Commission Expires . •0yf:l�� My commission expires: January 26, 1998 Page 3 of 4 Pages 2425133 k1-1478 P-361 02/02/95 12:56P PO 3 OF 4 f 960175 ,- 1 t y 1 Y r . 2 i J ', 1 . .i . h : I . . . ..1 . 1. . I • 4: I •.i i' 'r;. �k``7 � � - I � 1 , t':';'''''..'•{3 f 1•.11 � ; ', • � i • 'r : 7r4�,. ,t•111:111;"/;•1,7".0,11''‘c):4.1").1"; , i 4 # tt _ ','y t I I. tee 1 i1-I I • ',1 tie Quit Claim Decd(coot'd) ' -I....‘' . . . .:'..,...;,, I Ity. /_��� �� 5 1• .i STATE OF COLORADO ) • ) ss. County of Weld ) • The foregoing instrument was acknowledged before me this ?O day of__,jn%cave/ , 19q.5-,by Wanda Delacruz. Witness my hand and official seal this .-?U _ day of ,A.D., 19 QS . L4d/ i ' " ` • x,41 . ,• - Notary Public 'p , ,, My Commission Expires P . ' My commission expires: January 26, 1998 0n fl y •- • I• .I • Page 4 of 4 Pages 2425133 8-1478 P-361 02/02/95 12:56P li; 4 OF 4 .ley d,.t•• • I a i j• j r r +, wig • «., ,. �• ' ': . DEPARTMENT OF PLANNING SERVICES ' PHONE (303)353-6100,EXT.3540 FAX (303)352-6312 C. WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE COLORADO GREELEY,COLORADO 80631 November 15, 1995 Hipolito and Josie Flores 2265 W. 49th Street Greeley, Colorado, 80634 Subject: C-95-142 Located on property described as Lot 1, Block 1, Flores Sub, Weld County, Colorado Dear Hipolito and Josie Flores: It has come to the attention of the Department of Planning Services' staff that the uses on your property (2265 W. 49th Street) may not be in compliance with the Weld County Zoning Ordinance, 31.2 and 31.3.9. The potential noncompliance with the zoning ordinance is an unscreened noncommercial junkyard consisting of several refrigerators, a bathtub, a sink and a toilet. It also consists of a pile of used building and some tires. To bring the property into compliance 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 prior to installation. Please call me within five working days of the date of this letter to review the concerns with me. Sincerely, /2 /4, Susan McMullen Zoning Inspector pc: C-95-142 SERVICE,TEAMWORK,INTEGRITY,QUALITY 960175 stmA \ 1 Inspection Repo rt wipe COLORADO NAME: Hipolito and Josie Flores LEGAL DESCRIPTION OF PROPERTY: Lot 1, Block 1, Flores Sub, Weld County, Colorado DATE OF INSPECTION: November 14, 1995 CASE NUMBER: C-95-142 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 appliances including refrigerators, a bathtub, a sink, a toilet is also includes some used building materials and some tires. 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.. /-4/4,1 /7 Susan McMullen Zoning Inspector pc: C-95-142 960175 PARC TP: R 'ARCEL INQUIRY ASSMT YP ' 1995 ATIIN022 PIN: 0305195 PARC: 096.J0303001 LA: UPDATE: 06/27/1995 FLORES HIPOLITO & JOSIE ACTIVE ON: 06/27/1995 INACTIVE ON: / / MAP# : 1360 2265 W 49 ST GREELEY CO 80634 - TAX AREA 0641 . 081728 1994 DATE LAST ASSESS LAST ASSESS LAND 0 LAST ASSESS BLDGS 0 TOTAL LAST ASSESS 0 1112 620 PRIOR YEAR ASSESS 0 TOT LAND 620 REC DT 02/02/1995 DEED TP QCD TC NUMBER 1478 02425133 WOL N DOC FEE 0 . 00 1212 30 FL1-1 L1 BLK1 FLORES SUB TOT BLDGS 30 TOTAL VALUE 650 PF3 : PROFILE PF5 :LEGALS PF7 :NEXT PARCEL PF11 :MENU PF4 : OWNERS PF6 :DOC HIST PF10 : PLOC PF12 :REAL MESSAGE: 960175 - f &tar- .-- ,6 DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT W DC• COLORADO \a'ZONING COMPLAINT Complaint Initiated by: o BUILDING CODE COMPLAINT o Staff `tti n o Other - LEGAL DESCRIPTION: I L I - q '�" "'" I '�tO-`to 4t'.-"n''c`/ •'"AJ VIOLATION ADDRESS: 41O y '&2 ATP 1 Cc)rMndo Parcel# () 9 Cl / 3 0 3 03 "LA LA ATTACH COPY OF DEED Property Owner's Name: �18-ce/J Phone# Property Owners Address: y$ q y 0Z 3rd ')L*1'-'4 Tenants Name and Mailing Address: NATURE OF COMPLAINT: c Zoning Complaint Referred To: "")i.A-dGN---- Date: I I I 1 /9; Building Code Complaint Referred To: Date: Case Assigned To: Date: r -1 '/ ACTION OF INVESTIGATOR: Date of Inspection: LI q el f II '2 9S Inspection of property indicates: o No violation of the Weld County o Zoning / o Building Code Ordinance Referred to: on o No violation of the Weld County o Zoning / ❑ Building Code Ordinance. Violations of the followingZoning Sections of the o (-Iv o Building Code Ordinanoe ACTION ON COMPLAINT: ❑ No Action Taken/No Violation pr Violation File Started Date Date 11 t 1 -C CASE REVIEWED BY SUPERVISOR Date SUPERVISORS COMMENTS NOTE: Attach all pertinent information and facts disclosed by investigation to this form. 960175 Hello