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HomeMy WebLinkAbout951630.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST FRANCISCO F. MEZA 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, Francisco F. Meza, VI #2196, 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 8th day of August 1995, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Francisco F. Meza, property owner, was present at said hearing and spoke through an interpreter, and WHEREAS, the Board of County Commissioners deems it advisable to delay referral of said violation to the Weld County Attorneys Office until November 15, 1995, to allow adequate time for the property owner to remove derelict vehicles and reduce the number of animal units and to bring the 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 by November 15, 1995. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that if said violation still exists on November 15, 1995, the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Francisco F. Meza and 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. 951630 PL0824 ee./-G,(id)i27e2•ce_ VI #2196 - MEZA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of August, A.D., 1995. 6,447 Clerk to the Board BY: Deputy Clerk o the Board APP D AS TO FORM: ourfty Atto Dale K. Hall, Chairman BOARD OF COUNTY COMMISSIONERS LD COUNTY, COLOD FXCl1SFr1 Barbar?J. Kirkmeyero-Tem George E Baxter Aonstance L. Harbert 1,7 W. H. /Webster 0' I et()x' t _ i 951630 PL0824 DATE: August 4, 1995 VIOLATION NUMBER: VI -2196 NAME: Francisco F. Meza ADDRESS: 2385 49th Street, P.O. Box 2254, Greeley, CO 80632-2254 LEGAL DESCRIPTION: Part of the SE4/SE4 of Section 25, Township 5N, Range 66W, Beginning at SE cor Lot 5, N148' W148' S148' E148' to POB (1/2 A), Weld County, Colorado CASE SUMMARY: June 13,1995 June 13, 1995 June 13, 1995 June 20, 1995 June 20, 1995 July 21, 1995 July 24, 1995 Complaint made and assigned to Julie Chester. Inspection report. Property is in violation. Five-day compliance encouragement letter sent to the property owner. Inspection report. Property is still in violation. Violation notice sent to property owner. Inspection report. Property is still in violation. Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. July 24, 1995 Memo sent to Trevor Jiricek, Weld County Health Department The noncommercial junkyard is a violation of Section(s) 31.2, 31.3.9 and 31.5.4 of the Weld County Zoning Ordinance. To correct the violation the noncommercial junkyard must be removed from the property. Also, the number of animal units must be reduced to 2 animal units per the 1/2 acre lot currently being used. 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. 951030 MEMORANDUM COLORADO TO: Trevor Jiricek July 24, 1995 From: Julie Chester, Zoning Inspector SUBJECT: VI -2196, Francisco Meza This property located at 2385 49th Street has a violation for a non-commercial junkyard and has more animal units than allowed (they have 7.3 animal units, should have 2 animal units). When I arrived at the property on July 21, 1995 to inspect the property there was one adult male outside and when I came onto the property, at least five more people came out of the house located on the property. It does appear that they are all living in the house. The initial complaint came from the Sheriffs department that people were living in the house with no electricity, no gas, no water and an open and exposed septic system. In my opinion, the animals could be a health hazard also. There are thirteen pigs all in a very small enclosed pen at the back of the property, seven goats, three horses, five dogs and fifty chickens. There is a lot of feces on this small lot from all these animals. If you have any questions feel free to call me. The Sheriffs department has been to the property with me twice and would be able to answer any questions also. 1351630 iE�tv.‘ YG COLORADO July 24, 1995 Francisco F. Meza P.O. Box 2254 Greeley, CO 80632-2254 DEPARTMENT OFPLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Subject: VI- 2196, Legal Description: Part of the SE4/SE4 of Section 25, Township 5N, Range 66W, Beginning at SE cor Lot 5, N148' W148' S148' E148' to POB (1/2 A), Weld County, Colorado Dear Mr. Meza: 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 8, 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. The property will be reinspected August 7, 1995. If you have any questions concerning this matter, please call me. C. Julie Chester Zoning Inspector P.C. 2196 SERVICE, TEAMWORK, INTEGRIrV, QUALITY ;-51t63fl Attc) COLORADO NAME: Francisco -F. Meza Inspection Report LEGAL DESCRIPTION OF PROPERTY: Part of the SE4/SE4 of Section 25, Township 5N, Range 66W, Beginning at SE cor Lot 5 N148' W I48' S148' E148' to POB (1/2 A), Weld County, Colorado DATE OF INSPECTION: July 21, 1995 CASE NUMBER: VI -2196 The property was inspected to determine compliance with section 31.2, 31.3.9 and 31.5.4 of the Weld County Zoning Ordinance. The property is not in compliance at this time. There is still a non-commercial junkyard located on the property consisting of several derelict vehicles, a camper with expired license plates and lots of miscellaneous junk and trash. There are still more animals than allowed. There were thirteen pigs (three adults and 10 baby pigs), sevengoats, three horses and approximately 50 chickens and five dogs. Only two animal units are allowed on this property and at this time there are 7.3 units which has increased since the first inspection. To bring the property into compliance the non-commercial junkyard must be removed and 5.3 animal units must be removed from the property. A sheriffs officer accompanied me onto the property. There were several people there, but most of them did not speak English. There were two teenagers there that spoke a little English and we attempted to communicate with them. We told them what needed to be done and that if they wanted to come down to the Department of Planning, there would be someone in the office that could interpret for them. Julie Chester Zoning Inspector S51630 azel IYI�PG COLOAADO DEPARTMENT OF PLANNING SERVIC-ES PHONE (303) 353-6100, EXT.3540 FAX (303)352-6312 WELD COUNTY ADMINISTRATIV-E OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO -80631 WELD COUNTY ZONING VIOLATION NOTICE June 20, 1995 Violation Number : VI -2196 Francisco F. Meza P.O. Box 2254 Greeley, CO 806322254 Legal Description : Part of the SE4/SE4 of Section 25, Township -5N, Range 66W, Beginning at S -E cor Lot 5, N148' W148' S148' E148' to POB (1/2 A), Weld County, Colorado The uses on the above described property are being considered as a zoning violation of Section 31.2, 31.3.9 and 31.5.4 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 and the excess animals from the property. The non-commercial junkyard could -also be properly screened from all adjacent properties and public rights of way. -If screening is an option, a detailed screening plan must be submitted to and approved by the Department of -Planning _Staff before 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 youlail to correct this violation. You have 30 (Thirty) days from June20, 1-995 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.Tlease call or write the Department of Planning Services' office. incerely T A Julie Chester Zoning Inspector pc: VI -2196 951630 orMFD, COLORADO NAME: Francisco F. Meza Inspection Report LEGAL DESCRIPTION OF -PROPERTY: Part of the SE4/SE4 of Section 25, Township -5N, Range 66W, Beginning at SE cor Lot S, N148' W148' S148' El 4S' to POB (1/2 A), Weld County, Colorado DATE O1- INSPECTION: June20, 1995 CASE NUMBER: VI -2[96 The property was inspected to determine compliance with section 31.2, 31.3.9 and 31.5.4 of the Weld County Zoning Ordinance. The property is not in compliance at this time. The property still -has a non-commercial junkyard located on the property and the same number of animals. There was no one at -the property, although the property owners did come by the office and speak -to one of the planners. To bringthe property into compliance the non- commercial junkyard need to be removed from the property or properly screened from all adjacent properties and public rights of way. If the screening option is chosen, a detailed screening plan must be submitted to and approved by the Department of Planning-Staff-before installation. The number of animal unitsallowed is four animal units per acre. There are 2.4 animal units on the 1/2 acre lot, so .4 animal units would need to be removed to bring this part of the violation into compliance. No photographs were taken at the time of inspection. Julie Chester Zoning Inspector 951630 0 COLORADO DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. I7TH AVENUE GREELEY, COLORADO 80631 June 13, 1995 Francisco F. Meza P.O. Box 2234 Greeley, CO, 80632-2254 Subject: C-95-60, Legal Description: Part of the SE4 SE4 of -Section 25, Township 5N, Range 66W, Beginning at SE cor Lot 5, N 148' W148' S148' E148' to POB (1/2 A), Weld County, Colorado Dear Mr. Meza: 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 derelict vehicles and miscellaneous junk and too many animal units per lot size located on the property. Please call me within five working days of the date of this letter to review the concerns with me. Sincerely, G Julie Chester Toning Inspector pc: C-95-60 SFIR VICE, TEAMWORK, INTEGRITY, QUALITY ✓51.630 A‘att, COLORADO NAME: FranciscoT. Meza Inspection Report LEGAL DESCRIPTION OF -PROPERTY: DATE OF INSPECTION: June 13, 1995 CASE NUMBER: C-95-60 Part of the SE4 SE4, Section 25, Township 5N, Range 66W, Beginning at SE cor Lot 5, N148' W148' S148' E148' to POB (1\2 A), Weld County, Colorado The property was inspected to determine compliance with section 31.2, 31.3.9 and 31.3.4 of the Weld County Zoning Ordinance. Theproperty is not in compliance at this time. A non-commercial junkyard is located on the property described above. The non-commercial junkyard consists of derelict vehicles and lots of miscellaneous junk. Thereare also -more animal units than allowed on the -property. There are four sheep, three pigs, four -dogs, 50ehick-ens, two goats and one horse -equalling 2.4 animal units. A Sheriffs deputy accompanied me on the inspection; an attempt was made to contact someone on the property, but no one answered our knock on the door. Four photographs were taken of the animals and non-commercial junkyard at the time of inspection. o C eQ) Julie Chester Zoning Inspector 9-c ✓3 v7 -i9)--(z, 9510 PARC TP: R PIN: 2-632686 PARC: MEZA FRANCISCO F PARCEL INQUIRY /5925401O019 ASSM'T' YR: 1995 AST UPDATE: ACTIVE ON: INACTIVE 1N: MA -P#: ATIIN022 01/17/1994 09/16/1986 / / 1302 P.O. -BOX 2254 GREELEY CO 80632-2254 TAX AREA 0697 .092142 1994 DATE LAST ASBFSS 04/21/1995 LAST ASSESS LAND 390 LAST ASSESS ELDGS 3460 TOTAL LAST ASSESS 3-850 PRIOR YEAR ASSESS 4040 REC DT 07/29/1991 DEED TP WD NUMBER 1306 02257764 WOL N DOC FEE 0.0D 1'Ib-61A PT SE4SE4 25 5 66 BEG AT SE COR L5 N148' W148' S948' E148' TO ROB (1/2A) (TR £) PF3: PROFILE PF4 : OWNERS MESSAGE: 1112 390 TO'1 ZAND 390 1212 TOT BLDGS TOTAL VALUE P-'5 : LEGALS PF7 : NEXT TARCEL PF6:DOC HIST PF10:PLOC 3460 3460 3830 PF11:MENU PF12:REAL 951630 WELD CC "NTY ASSESSOR/TREASURER ATIBR091 PROPERTY L(,ATOR BY PARCEL NUMBER R 05925400019 MEZA FRANCISCO F R 095925400_02_0 COCHRAN ROLAND K & MARY E R 0959254001)21 HUERTA ALFONSO & DUMINGA R 095925400021 1 HUERTA ALFONSO SERIAL# 01-5231AG R _095925400021 2 HUERTA ALFONSO SERIAL# 0 R 0959254013021 3 HUERTA ALPHON-SO 23-71 SERIALk 269FJH5024-1CK6456KA&B PF1:SELECT PF7:BACK PF8:CONT PF9: MESSAGE: 26268E ACTIV 02/16/1986 INACTIV �F 17661A PT 4SE4 25 5 66 BEG AT SE COR Z5 N148' 2632786 ACTIV 09/16/1286 INACTIV 1'16£1 L5 SE4SE4 25 5 66 -EXC TRS D & E 2632886 ACTJV 09/16/1286 INACTIV 17649A PT L6 SE4SE4 25 5 66 BEG AT SE 01 263291)6 ACTIV 09/16/1986 INACTIV 17649A IMPS ONLY MH PT SE4 25 5 66 TITLE# 03-E748-606 01 2633086 ACTIV 09/16/1986 INACTIV 17649A IMPS ONLY MH PT SE4 25 5 66 TITLE# 01 02-51593 ACTIV 10/05/19-93 INACTIV 49 ST TITLE# UNKNOWN / / / / ALSO EXC / / COR L6 02/03/1994 / / / / GREELEY -RESTART PF10:PART2 PF11:REAL PF12:MENU 0162O fl'-iAINDEX INQUIRY MEZA FRANCISCO SE4 SE4 PT NC JUNKYARD/REC VEH MGF OIL SW4 CASE CLOSED 6/18/85 MGF OIL NW4 NE4 PT CASE CLOSED 5/2/86 MILE HI SHEEP COMPANY W2 CASE CLOSED 7/11/$5 08/10/92 03/26/85 03/13/86 03/22/85 VI -01926 S25 202 R6-6 VI -00623 SO8 202 R62 VI -00862 S18 202 R62 VI -0-0619 SOS 206 R64 W13PINQ1E nI f_zzyt), (9-4.--t.) 7 MILES aOSEPHINE ET AL VI -00547 NW4 S33 202 R68 CASE CLOSED 3/4/85 12/31/84 CONTINUE INQUIRY = I RETURN TO MAIN MENU = M RESTART INQUIRY R RETURN TO CNDX MENU = E CHANGE -RECORD (POSITION CURSOR) = S :5.030 0-0 9(9-S-.� Date: tiltr CY-1/ ‘it Iry Wine COLORADO LLX 0 tiyt-4-°' `� el:5mG COMPLAINT orSUILDING CODE COMPLAINT LEGAL DESCRIPTION: VIOLATION ADDRESS: c2 3 &- Parcel # Property Owner's Name: Property Owners -Address: DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT d t9 °-1A-"P O -Co e 3 xz /2-173 _CaU Complaint Initiated by: - a-Sfaff ❑ Citizen ❑ Other / ATTACH COPY OF -DEED Phone # lnt . 2 - / ��, Iti( ,- 1--L Tenants Name and Mailing Address: -Lo J v NATURE OF COMPLAINT: v ZoningComplaint Referred To: Building Cysie Complaint Referred To: `>/ Date: Ce / 13 / cl S Case Assigned To: Date: ACTION -OF INVESTIGATOR: Date of Inspection: Inspection of property indicates: o No violation of the Weld County o Zoning / o Building Code Ordinance Referred to: on ❑ No violation of the Weld County ❑Zoning / o Building Code Ordinance ❑Violations of the following Sections of the ❑Zoning ❑ Building Code Ordinance ACTION ON COMPLAINT: ❑ No Action Taken/No Violation Date o Violation -File Started Date CASE REVIEWED BY SUPERVISOR Date SUPERVISOR'S COMMENTS NOTE: Attach all pertinent information and facts -disclosed by investigation to this form. 951630 Hello