HomeMy WebLinkAbout960605.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST PHIL DOWNING CIO NICK NAVARRETTE FOR VIOLATION OF THE
WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
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, Phil Downing do Nick Navarrette, VI #9600000, is allegedly in violation of the
Weld County Building Code and Zoning Ordinances, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violations have
not been corrected, and
WHEREAS, on the 9th day of April, 1996, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violations, and
WHEREAS, said property owner and tenant were represented by Michael Lockman at said
hearing, and
WHEREAS, the Board heard all the testimony and statements of those present, studied the
reports and recommendations of the Weld County Department of Planning Services and Health
Department staff, and, having been fully informed, deems it advisable to bring legal action against
those individuals as hereinabove named to correct said violations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with
legal action against Phil Downing do Nick Navarrette, VI #9600000, to remedy the violations of the
Weld County Building Code and Zoning Ordinances, 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.
960605
PL0824
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VI #9600000 - DOWNING/NAVARRETTE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of April, A.D., 1996.
�f 0 BOARD P OF COUNTY COMMISSIONERS
rte, ���Yw'vl /G aftG 7 Wl/ COUNTY, COLORA7
/�� C/ 1L1�1 4ic�}1/AJA /Barbar J. Kirkmeyer, air
ty Clerk to the Board
e . Baxter, Pro em
ll Deputy Cle to the Board
Dale K. Hall
APP D AS TO FOR • Harbert
onstance L. Harbb ert
ounty Attorney Si4
W. r
960605
PL0824
rit"
DEPARTMENT OF PLANNING SERVICES
I PHONE (303)353-6100,EXT.3540
FAX (303)352-6312
C. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY,COLORADO 80631
COLORADO
March 29, 1996
Phil Downing
c/o Nick Navarrette
3901 17th Avenue
Evans, CO 80620
Subject: VI-9600000 Legal Description: 13422 S161' N483' Lot 8 of the NE4/NW4 of Section
30, Township 5N, Range 65W of the 6th P.M., Weld County, Colorado
Dear Mr. Downing:
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 April 9, 1996 at
10:00 a.m. to consider the Zoning and Building Code Violations 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.
If you have any questions concerning this matter, please call me.
Sincerely,
Julie Chester Ed Stoner
Zoning Compliance Inspector Lead Combination Inspector
P.C. VI-9600000
960605
PERMITS Id: MISC120 Keyword: UACT User: JCHESTER 03/29/96
Additional Notations for Inspection item: 00400 Violation
Permit No: VI-9600000 Applicant : DOWNING PHIL O JR
Status : ISSUED Address : 3901 17 AV EVA
Line Insp. Date Text
1 03/29/96 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH
2 03/29/96 SECTIONS 31.2 AND 31 . 3 . 9 OF THE WELD COUNTY ZONING ORDINANCE
3 03/29/96 AND SECTION 20 .13 . 2, 20 . 13 . 3 , 20 . 13 .4, 20 . 13 . 5, 20 . 13 . 8 AND
4 03/29/96 20 . 13 . 11 OF THE WELD COUNTY BUILDING CODE ORDINANCE. THE
5 03/29/96 PROPERTY IS STILL NOT IN COMPLIANCE. SOME OF THE TRASH HAS
6 03/29/96 BEEN REMOVED FROM THE PROPERTY AND THERE HAS BEEN AN ATTEMPT
7 03/29/96 TO MAKE THE PROPERTY LOOK BETTER. HOWEVER, THERE ARE STILL
8 03/29/96 THIRTEEN DERELICT VEHICLES, TRASH, TIRES, FURNITURE, SCRAP
9 03/29/96 MATERIALS, AND OTHER MISCELLANEOUS JUNK. THERE IS NO ONE
10 03/29/96 LIVING IN THE HOUSE AT THIS TIME HOWEVER, NO PROGRESS HAS
11 03/29/96 BEEN MADE IN REGARDS TO THE HOUSE. THERE HAS BEEN NO
12 03/29/96 CONTACT WITH EITHER THE PROPERTY OWNER OR THE TENANT. TO
13 03/29/96 BRING THE PROPERTY INTO COMPLIANCE THE NON-COMMERCIAL
14 03/29/96 JUNKYARD WOULD NEED TO BE TOTALLY REMOVED FROM THE PROPERTY
15 03/29/96 OR BE TOTALLY SCREENED FROM ALL ADJACENT PROPERTIES AND
16 03/29/96 PUBLIC RIGHTS OF WAY. TO BRING THE BUILDING CODE PORTION OF
17 03/29/96 THE VIOLATION INTO COMPLIANCE, THE BUILDINGS IN QUESTION
18 03/29/96 MUST BE BROUGHT UP TO CURRENT WELD COUNTY BUILDING CODE
19 03/29/96 STANDARDS. SARA TETER, WELD COUNTY HEALTH DEPARTMENT
20 03/29/96 ACCOMPANIED ME ON THE INSPECTION.
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THIS DEED is made bi Darlene ,na h aS Personal Pit risentative of the ( r
Estate of Phil Orr Downing a/k/a (nil 'Tray downing ark i Phil 0 lownirp a i
a/k/a Phil Downing, Deceased, Grantor, to Phil G. Downing Ji , Grantee, t
whose address is 3705 Val:ront, Evans, :0 80620. r
WHEREAS, Phil Orr Downing a/':/a Phil Jrey Downing a/k/a Phil 0. .0 ,,
i
Downing a/k/a Phil Downing died intestate at Evans, Colorado, on December 2, <<
1990; and `i"
WHEREAS, Grantor was duly appointed Personal Representative of said
Estate by the District Court in and for the County of Weld and State of
Colorado, Probate No. 91 DR 13, on January 10, 1991; and is now qualified * ".
and acting in said capacity;
NOW, THEREFORE, pursuant to the power conferred upon Grantor by r rw
Article 12, Section 711 of the Colorado Probate Code, and for the consid-
eration of Four Thousand and no/100ths Dolars ($4,000.00), Grantor sells r. ax,' + � ).
and conveys to Grantee the following real property in Weld County, Colorado: i s
per j
Tie South 161 feet of the North 483 feet of Lot Eight (8) y�
of the Northeast Quarter (NEL) of the Northwest Quarter (NiJ;) ‘41•14.r.44' 11:1.)"
of Section Thirty (30). according to the subdivision of said 1'` 1F1 ''a '.' a'• ,
Section Thirty (30), all in Township Five (6) North, Range
Sixty-five (65) West of the 6th P.M. , by the St. Louis
a f i� � • "" + t;
Western Colony 1873 filed in the Office of the County Clerk
and Recorder of Weld County, Colorado,
r•
with all appurtenances, subject to taxes for the year 1991, due and payable
in 1992, and subject to any and all conditions, restrictions, easements and
reservations of record.
Executed February 22 1991. r r ) 6
•fx,
as Personal Representative of the Estate ofPhil
a/Y./aOrr Ph{Dowwning Oownin/a Phil o/k/a Phi Downing, {vrey Downing ��� v, wt i,ihr� hf#3 't fig'
9 8'1131 we r ro.A 4.1
Deceased. e° i< Y 6 rt ,k w .1
STATE OF COLORADO ) i aR�{, { ' yi,3rs ' 1b 3,
) ss. A �, } ' }
COUNTY OF WELD ) r ' ai7e "*, 8 t �sGaW.Ya *"-
The foregoing instrument was acknowledged before me this 22nd day of 4` ei11, � t�� y;;Qrix{E'ty '�"r4-
---Febrµary , A.D., 1991, by Darlene E,aith as Personal Representative of
ate Islate'pf Phil Orr Downing a/k/a Phil Orey Downing a/k/a Phil 0. Downing
PhIi Downing, Deceased.
s•
• •
Wfthess my hand and official seal .
rr 22 My commission expires: November 31 1991 . I
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DEPARTMENT OF HEALTH
1517 16 AVENUE COURT
GREELEY, COLORADO 80631
O ADMINISTRATION (970) 353-0586
HEALTH PROTECTION (970) 353-0635
• COMMUNITY HEALTH (970) 353-0639
COLORADO FAX(970) 356-4966
February 29, 1996
Certified Letter No.: P 077 960 468
Legal Action No.: 96-012
MAR 1 1996
Phil Downing
C/O Nick Navarette
3901 17th Ave.
Evans, Colorado 80620
Dear Mr. Downing,
In response to a complaint and a report received by this deparartment from the Weld County
Sheriffs Office, an inspection of your property at 3901 17th Ave, Evans, Colorado, in Weld
County, Colorado, was conducted by Sara Teter, of this Department. The inspection made on
February 16, 1996 revealed that several current practices are in violation of County and State
Environmental Health regulations. Each violation is addressed individually in this document.
VIOLATION # 1
A portion of your property was being used as a waste disposal site. The non-commercial
junkyard consists of thirteen derelict.vehicles and an immense amount of trash. There are at least
100 bags of garbage on the west and south sides of the property, some of which have been torn
open by animals so that there is trash scattered all around the property. There is a pile of tree
limbs, some used building materials, a mattress and other miscellaneous junk scattered about the
property, also.
1. Any person who operates a solid waste disposal site and facility in the
unincorporated portion of any county shall first obtain a certificate of designation
from the board of county commissioners of the county in which such site and
facility is located.
2. Notwithstanding the provisions of subsection(I) and(2) of this section, any
person other than a governmental unit may dispose of his own solid wastes on his
own property, as long as such solid wastes disposal site and facility complies with
the rules and regulations of the department and does not constitute a public
nuisance.
960695 '
Phil Downing MAR 1 1996
Legal Action 96-012
Page 2
According to Section 113 of this Act, this site is considered a public nuisance and shall be
covered within ten(10) days of receipt of this notice.
VIOLATION #2
This inspection also revealed that an adequate septic system was not available. Human waste is
deposited in five (5) gallon buckets and then dumped into a root cellar located about seven(7)
feet from the house.
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, sources of filth, and causes of sickness,
which, in its opinion, may be injurious to the health of the inhabitants, within its own
town, city of county , and it shall destroy, remove, or prevent the same as the case may
require."
Be advised that you have ten(10) days from receipt of this notice to correct the aforementioned
violations(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
1973.
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 25-010-106, CRS 1973 or 25-10-105 (1)(f), ais 1973.
960605
Phil Downing MAR 1 1996
Legal Action 96-012
Page 3
VIOLATION #3 •
Evidence of burning of household trash was found on your property. Partially burnt household
trash, including but not limited to paper aerosol containers , and some boards , was found on
your property.
Please be advised that such emissions are in violation of The Colorado Air Quality Control
Regulations (C.R.S. 25-7-11(1)(a) through(c) which states:
C. Open Burning
1. Except as provided in paragraph 2 below, no person shall bum
or allow the burning of rubbish, wastepaper,wood, or other
flammable material on any open premises, or on any public street,
alley, or other land adjacent to such premises, unless an Open Burning
Permit is first obtained from the Division.
Burning as a method of solid waste and household trash disposal is not recommended or
encouraged in Weld County. The most appropriate and environmentally sound method of
disposal of solid waste and household trash is disposal in a properly permitted and operated
landfill.
The burning of household trash and garbage in an incinerator or burn barrel in Weld County is
not legally permitted. It is, however, legal under the regulations to burn clean dry waste paper as
long as the emissions are less than 20%opacity throughout the entire burn. Household trash
contains rubber, plastic, garbage, wet paper and other constituents which may not be burned in a
burn-barrel or incinerator. Prior to burning household trash, the trash and garbage must be sorted
out and removed to a landfill or proper disposal. Burning of clean dry waste paper in an
incinerator is permitted only in the unincorporated areas of Weld County and not permitted in
any towns or cities in the County. Many towns or cities have specific ordinance prohibiting the
burning of any materials without a burning permit.
Please be advised that a smokey, smoldering burn-barrel in the yard of residence in Weld County
• is not only illegal, it is also a nuisance and a significant health hazard. The emissions from
smoldering, smoking household trash, contains may constituents which may be hazardous to you
and your neighbor's health.
Pursuant to the above information, this letter will serve as an Official Warning Letter of the
above cited regulations. You are required to submit a plan of abatement for the problem within
ten(10) days of receipt of this letter. Failure to respond may result in further legal action
including that mentioned above.
960695
Phil Downing
Legal Action 96-012 MAR ti 199u
Page 4
VIOLATION #4
A high potential for rodent harborage exists, including but not limited to couches, mattresses,
boards, tree branches, abandoned cars and household trash.
Rodent Harborage
Colorado Revised Statute Section 25-1-613 provides the following:
"Removal of nuisances. The board of health shall examine all nuisances, sources of filth
and causes of sickness, which in its opinion, may be injurious to the health of the
inhabitants within its town, city or county , and it shall destroy, remove, or prevent the
same as the case may require."
Beadvised, you have ten(10) days from receipts of this notice to correct the aforementioned
violations. Failure to respond will result in further legal action by this department.
If you have any questions concerning this matter, feel free to contact me at this office by calling
353-0635.
Sincerely,
/t--) .917 ,GP1
SaraTeter Jeffrey L. Stoll, M.P.H
Environmental Protection Specialist Director
Environmental Protection Services
• ST/JLS/vh.0192
cc: John S. Pickle, M.S.E.H., Director, Weld County Health Department
Lee Morrison, Assistant County Attorney
960695
6 DEPARTMENT OF BUILDING INSPECTION
PHONE (303) 353-6100, EXT.3525
FAX (303)351-0978
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
: 111k:
GREELEY, COLORADO 80631
COLORADO •
BUILDING CODE VIOLATION NOTICE
February 27, 1996
Violation Number: VI-9600000 Permit Number. No Permit
Property Owner: Phil Downing Tenant: Nick Navarrette
3901 17th Ave 3901 17th Ave
Evans, CO 80620 Evans, CO 80620
Legal description: Part of the NE4NW4 of Section 30, Township 5N, Range 65W of the 6th P.M., Weld
County, Colorado
Inspection of the above described property revealed building code violations of Section(s) 20.13.2,
20.13.4, 20.13.5, 20.13.8, 20.13.9, 20.13.11 of the Weld County Building Code Ordinance. The violation
of these sections is partially based upon an excerpt from an incidence report from the Weld County
Sheriffs Department. Since I was unable to enter the facility this list may not be all inclusive.
20.13.2 Inadequate Sanitation
20.13.2.1 An approve water closet, bathtub or shower, and sink shall be provided with potable
hot and cold running water.
20.13.2.3 Provide an approved kitchen sink.
20.13.2.6 Provide adequate and approved heating facility.
20.13.2.9 Electrical Service shall be provided in compliance with the Weld County Building
Code Ordinance and the National Electric Code.
20.13.2.11 Provide and adequate sewage disposal system in compliance with the Weld County
Health Departments regulations.
20.13.2.12 Adequate garbage and rubbish storage and removal facilities'shall be provided.
20.13.3 Structural Hazards
The tenant was not at home and I was unable to inspect the interior of the residence. However
based upon the Sheriff Department Incidence Report there appeared to have been a fire in the
residence. The structural damage will need to be repaired.
20.13.4 Attractive Nuisance
'There is an existing root cellar that is being used for the disposal of human feces. The roof over
this facility shall be removed along with any contamination as determined by the Weld County
Health Department and filled in with approved fill material. Between the cellar and house there is
what appears to be the well house and pressure tank facility. The roof over this site shall be
repaired and/or replaced. •
•
960695
20.13.5 Hazardous Electrical Wiring
Currently the electrical wiring of the facility cannot be classified as hazardous as there is no
electrical service to the building. However, prior to the installation of a new electrical service, the
building will need to be inspected and the wiring brought up to a minimum standard.
20.13,8 Faulty Weather Protection
20.13.8.1 All broken windows or doors shall be repaired.
20.13.8.2 All leaking roof or wall coverings shall be repaired.
20.13.11 Hazardous or Unsanitary Premises
Those materials such as garbage,junk, debris, rat harborage, combustible material that
constitute a fire, health, or safety hazard shall be removed from the site and disposed of properly.
It is the intention of this office to assist and cooperate with the residents of Weld County without imposing
undue hardships. Any information you have regarding this matter would be appreciated. However, if you
fail to correct this violation by acquiring the appropriate permits or removing the hazards by March 1,
1996, we have no discretion but to refer the violation to the County Attorneys'office for legal action.
Please call or write the Department of Planning Service if you have questions concerning this matter.
Edwin D. Stoner
Lead Combination Inspector
•
•
•
960695
(70
I DEPARTMENT OF PLANNING SERVICES
WI D PHONE (303)353-6100,EXT.3540
FAX (303)352-6312
WELD Q COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
COLORADO GREELEY,COLORADO 80631
WELD COUNTY
ZONING VIOLATION NOTICE
February 28, 1996 Violation Number: VI-9600000
Phil Downing c/o Nick Navarrette
3901 17th Avenue
Evans, CO 80620
Legal Description : 13422 SI61'N483'Lot 8 of the NE4/NW4 of Section 30,Township 5N, Range 65W
of the 6th P.M., 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. This is not a use allowed by right in the Agricultural zone
district.
The violation can be corrected by removing the non-commercial junkyard from the property or screening
it from all adjacent properties or public rights of way. If the property is to be screened,a detailed
screening plan must be submitted to and approved by the Department of Planning 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 February 28, 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.
Sincer ly
v
Julie Chester
Building Inspector/Zoning Compliance
pc: VI-9600000
•
960605
OFFIC S ON SCENE AT INCIDENT---- - +
WC0022JOHNSON, MARK R
WC0026 STARK, MICHAEL L
NARRATIVE/FACTS=
ON 021296, AT APPROXIMATELY 17( 0 HOURS, SOCIAL SERVICES REQUESTED THAT A
DEPUTY MEET THEM AT 3901 17TH 1LVENUE TO CHECK ON THE WELFARE AND LIVING
CONDITIONS OF SOME CHILDREN. : RESPONDED TO THAT LOCATION AND MET WITH
CASEWORKER LORI WHITMAN, AND SYE ADVISED ME THAT SHE HAD INFORMATION
THAT THERE WERE CHILDREN LIVING IN THE RESIDENCE AND THAT IT POSSIBLY
WAS NOT SAFE DUE TO THE CONDITIONS OF THE RESIDENCE. LORI WHITMAN AND I
LOOKED AROUND THE OUTSIDE OF TIE RESIDENCE AND WERE UNABLE TO GET ANYONE
TO ANSWER THE DOOR. IN THE PROCESS OF ATTEMPTING TO GET SOMEONE TO
ANSWER THE DOOR, I LOOKED IN A WINDOW TO SEE IF ANYONE WAS HOME, AND
THAT WINDOW WAS WHAT APPARENTL) WOULD HAVE BEEN THE BATHROOM. I
OBSERVED A BATHROOM TOILET, WHICH APPEARED TO BE APPROXIMATELY NINETY
PERCENT FULL OF HUMAN WASTE. ALSO OBSERVED SOME FIVE-GALLON BUCKETS
SITTING IN THIS ROOM THAT APPEARED TO HAVE HUMAN WASTE IN THEM. ALSO,
ON THE OUTSIDE OF THE RESIDENCE, I OBSERVED WHERE THE ELECTRIC METER HAD
BEEN; HOWEVER, THE METER WAS NO THERE, INDICATING TO ME THERE WAS NO
ELECTRICITY IN THE RESIDENCE . DITIONALLY , I DID NOT OBSERVE ANY KIND
OF GAS METER TO INDICATE THAT T ERE WAS NATURAL GAS HOOKED TO THE
RESIDENCE. SINCE WE WERE ONABL TO GET ANYONE TO ANSWER THE DOOR, LORI
WHITMAN REQUESTED IF I HAD THE PPORTUNITY LATER IN THE EVENING TO
RETURN, THAT I SEE IF I COULD b ND SOMEONE HOME.
ON 021296, AT APPROXIMATELY 224 HOURS, I RETURNED TO THE RESIDENCE AND
AT THAT TIME OBSERVED TWO VEHI ES THAT HAD NOT BEEN THERE BEFORE. I
THEN CONTACTED CASEWORKER LORI HITMAN AT HER HOME AND ASKED IF SHE
STILL WANTED ME TO ATTEMPT TO 1 E CONTACT AT THIS HOUR. LORI WHITMAN
ADVISED THAT, EVEN THOUGH IT W LATE, FROM HER UNDERSTANDING, THE
CONDITIONS MIGHT BE VERY DEPLO BLE AND, FOR THE WELFARE OF THE
CHILDREN, I SHOULD DO A CHECK ( THEM. I THEN REQUESTED ASSISTANCE, AND
DEPUTY MARK JOHNSON AND DEPUTY IKE STARK RESPONDED TO ASSIST ME . AFTER
KNOCKING ON THE DOOR FOR A CON IDERABLE LENGTH OF TIME, IT WAS FINALLY
OPENED BY THE FATHER, NICHOLAS AVARRETTE, SR. I ADVISED HIM WHO I WAS
AND THAT I WAS THERE TO CHECK E CONDITIONS OF THE RESIDENCE IF THERE
WERE ANY CHILDREN INSIDE. MR. AVARRETTE ADVISED ME THAT THERE WERE SIX
CHILDREN IN THE RESIDENCE AT T T TIME, AND THEY WERE ALL SLEEPING. I
ADVISED HIM THAT, AT THE REQUE OF SOCIAL SERVICES, I NEEDED TO CHECK
THE RESIDENCE TO SEE WHAT THE NDITIONS WERE.
WHEN I ENTERED THE RESIDENCE, WENT INTO WHAT WOULD NORMALLY BE THE
LIVINGROOM. THAT ROOM WAS MOS LY CONSUMED BY A FOLD-OUT SLEEPER SOFA,
WHICH MR. NAVARRETTE AND HIS W FE, ANGELA, WERE UTILIZING. ALSO IN THAT
ROOM WAS A WOOD-BURNING, CAST RON-TYPE STOVE. I TOUCHED THE STOVE AND
FOUND THAT IT WAS COLD AND HAD NOT BEEN USED; THERE WAS NO HEAT COMING
FROM IT. MR. NAVARRETTE THEN TEPPED TO WHAT WOULD BE. A HALLWAY, AND
THERE WAS A HANGING BLANKET AC OSS THE DOORWAY. WE MOVED THAT AWAY, AND
LOOKING INTO AN APPROXIMATELY IGHT FOOT BY TEN FOOT PPM, I OBSERVED
ONE SUPER SINGLE-SIZE BED WITH SEVERAL CHILDREN SLEEPING ON IT. ON THE
FLOOR, AMONGST A PILE OF DIRTY CLOTHES AND TRASH, I OBSERVED MORE
CHILDREN SLEEPING. AFTER EXAM NING THE CHILDREN IN THE BED, I WAS ABLE
TO DETERMINE THREE CHILDREN WE E SLEEPING SIDE BY SIDE WITH THEIR HEADS
FACING THE SAME DIRECTION. A OURTH CHILD WAS SLEEPING WITH HIS HEAD
THE OPPOSITE DIRECTION DOWN AM NGST THE OTHER CHILDREN' S FEET. MR.
NAVARRETTE THEN SHOWED ME WHAT WOULD BE A SECOND BEDROOM, AND THERE I
OBSERVED A MATTRESS ON THE FLO R, WITH A GOOD PORTION OF THE MATTRESS
EATEN AWAY, MOST LIKELY BY MIC OR OTHER RODENTS. MR. NAVARRETTE THEN
OPENED ANOTHER DOOR, WHICH WOU D HAVE BEEN THE BATHROOM. IN THIS ROOM,
THERE WAS A TOILET, WHICH WAS PROXIMATELY NINETY PERCENT FULL OF WHAT
APPEARED TO BE HUMAN FECES. DITIONALLY , THERE WERE FIVE-GALLON
BUCKETS SITTING IN THE ROOM, W ICH MR. NAVARRETTE INDICATED WERE BEING
USED AS A TOILET. MOVING ANOT ER BLANKET, I THEN STEPPED INTO WHAT
ORIGINALLY HAD BEEN THE KITCHE . THIS ROOM WAS FULL OF LARGE TRASH
BAGS, APPROXIMATELY FOUR FOOT ALL, THREE FEET WIDE, AND THERE WERE
PROBABLY SEVEN OR EIGHT OF THE E BAGS CLEAR FULL OF TRASH. THERE WAS A
SMALL OPEN SPACE ON THE FLOOR, AND THE FLOOR WAS EITHER OF BROKEN UP
CONCRETE OR OF DIRT. IN THE C ILING, THERE WAS AN APPROXIMATELY
EIGHTEEN-INCH IN DIAMETER HOLE WHICH OPENED UP TO EXPOSE THE BOTTOM
SIDE OF THE ROOF. IN MOVING A OUND, ONE WAS ABLE TO SEE THROUGH THE
CRACKS TO SEE TO THE OUTSIDE - ADDITTOANLLY, IN THE KITCHEN, THERE WAS
960605
AN INDICATION T11A'1 fill; IJL 1DEN, 3 FLAB BEEN ON FIRE SOME TIME IN THE PAST,
AND THE STUDS AND THE FTERS, WHICH WERE EXPOSED WERE CHARRED, AND AT
SOME POINTS, ONLY HALF JF THE BOARD REMAINED. TH. Z. RAFTERS IN SOME
PLACES HAD BEEN PAINTED OVER WI±PH PAINT SO THAT THEY APPEARED TO BE
WHITE IN COLOR.
MR. NAVARRETTE INDICATED TO ME THAT THERE WAS NO ELECTRICITY; HOWEVER,
HE DID HAVE A GENERATOR HOOKED PP AND WAS BEGINNING TO RE-WIRE THE
RESIDENCE. HE FURTHER ADVISED E THAT HE WAS ATTEMPTING TO INSULATE AND
PUT UP NEW DRYWALL. I DID OBS VE PART OF THE CEILING IN THE KITCHEN
PORTION OF THE CEILING IN THE IVINGROOM AND A PORTION OF THE CEILING IN
THE CHILDREN'S BEDROOM THAT DI HAVE SOME RECENTLY PUT UP DRYWALL.
THERE WAS NO PAINT ON THE DRYW LL, AND THE SEAMS HAD NOT BEEN TAPED AND
COVERED OVER. WHEN I WENT TO -EXAMINE THE CHILDREN SLEEPING IN THEIR
ROOM, I OBSERVED THREE CATS SL PING ON TOP OF THE CHILDREN IN THE BED.
ADDITIONALLY, THE TWO CHILDREN N THE FLOOR DID NOT HAVE BLANKETS,
HOWEVER, WERE USING THE DIRTY LOTHES, COATS AND JACKETS TO COVER
THEMSELVES UP WITH.
960G95
•
I DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-6100, EXT.3540
O FAX (303) 351-0978
WELD COUNTY ADMINISTRNATIVE
TH OFF140ICES
COLORADO• GREELEY, COLORADO 80631
February 20, 1996
Phil Downing
do Nick Navarrette
3901 17th Avenue, Evans, CO, 80620
Subject: VI9600000 Legal Description: 13422 S161' N483' Lot 8 of the NE4/NW4 of Section
30, Township 5N, Range 65W of the 6th P.M., Weld County, Colorado
Dear Mr.-Downing:
It has come to the attention of the Department of Planning Services' staff that the uses on your
property (3901 17th Avenue, Evans, CO) may not be in compliance with the Weld County
Zoning Ordinance. The potential noncompliance with the zoning ordinance is an unscreened
non-commercial junkyard consisting of thirteen derelict vehicles, miscellaneous junk and an
immense amount of trash. This is not a use allowed by right in the Agricultural Zone District.
Please call me within five working days of the date of this letter to review the concerns with me.
Sincerely,
i/A-14-e. 61. d 41V-7C_,
Julie Chester
Building Inspector/Zoning Compliance
pc: VI9600000
•
960605
?At
Inspection Report
COLORADO
NAME: Phil Downing
LEGAL DESCRIPTION OF PROPERTY: 13422 S161'N483' Lot 8 of the NE4/NW4 of
Section 30, Township 5N, Range 65W of the 6th
P.M., Weld County, Colorado
DATE OF INSPECTION: February 14, 1996
CASE NUMBER: VI9600000
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 a large non-commercial junkyard located on the property, which is visible to adjacent
properties and public rights of way. The non-commercial junkyard consists of thirteen derelict
vehicles and an immense amount of trash. There are at least 200 bags of garbage on the west and
south sides of the property, some of which have been torn open by animals so that there is trash
scattered all around the property. There is a pile of tree limbs, some used building materials, a
mattress and other miscellaneous junk scattered about the property also. I attempted to contact
someone at the home, but no one responded. The property owner(Phil Downing)does not live
at the property. The tenant is Nick Navarrette and his family.
Five photographs were taken at the time of inspection.
Julie Chester
Zoning Compliance Inspector
pc: VI9600000, Nick Navarrette (tenant)
960605
46Crarr MEMORANDUM
VIIMc TO: Julie Chester February 20, 1996
COLORADO From: Julie Chester, Building Inspector/Zoning Compliance
SUBJECT: Vehicles located at 3901 17th Ave., Evans
1. Brown Ford King Cab: Expired Plates CO 2479-JD
2. Green Mercury Cougar: Expired Plates CO WKR675
3. Blue Buick Skylark: Expired Plates COWAC6999
4. Orange Ford Ranchero-Flat tires: Expired Plates CO AA8816 (1965)
5. White and Brown Dodge Van- No Plates
6. Red Plymouth Station Wagon: Expired Plates CO WHS153
7. Smashed up yellow Toyota Corolla-No Plates 1/2 buried in the ground
8. Light Blue Dodge Dart-No Plates
9. Blue Scottsdale Pickup-Current tags-Flat tire
10. Grey Buick-No Plates
11. Brown Chevy Nova: Expired Plates CO WLC222-Flat tires
12. White LTD: Expired Plates CO WKT448
13. Bown Cadillac Sedan de Ville-Current tags-Flat tire, driveable?
960605
DEPARTMENT OF PLANNING SERVICES
Wimi . 0) COMPLAINT REPORT
oo�� � /41
COLORADO Gk' q\ O
lEt'ZONING COMPLAINT Comply t Initiated by:
a BUILDING CODE COMPLAINT srSCaff ❑ Citizen ❑ Other
LEGAL DESCRIPTION: / 3 W ' S I to// N la Y 3 ' LS- NE y /LY-' V ?3o
VIOLATION ADDRESS: 3 9 U / 1 (l Vawo ?v
Parcel# U 9(0/ 3v z O 96 I) ATTACH COPY OF DEED
Property Owner's Name: PLY 1)k52-tnw3 Phone#
Property Owners Address:
Tenants Name and Mailing Address: -7241c-4-- N rte/
NATURE OF COMPLAINT: N _ a-6Z1 h, / — /0ou AL4-L9
k ca c_w e ,.O
ono -/to 014 n'v"l
Zoning Complaint Referred To: � �/ Date:
Building Code Complaint Referred To: C.B( Date: o9)/
nt
Case Assigned To: ` Yt e-ci Date: all/L/4&
ACTION OF INVESTIGATOR: Date of Inspection: ghlit?404 ,, 4i e`••
Inspection of property indicates:
o No violation of the Weld County o Zoning / ❑Building Code Ordinance
Referred to: on
o jarviolation of the Weld County ❑Zoning / ❑ Building Code Ordinance
wlations of the following Sections of the rning 3/ • a , 3/• 3 .
a Building Code Ordinance
. ern
ACTION ON COMPLAINT: a No Action Taken/No Violation ctViolation File Sta ed •
,2 Date Date -21)/I 94
CASE REVIEWED BY SUPERVISOR Date
SUPERVISOR'S COMMENTS
NOTE: Attach all pertinent information and facts disclosed by investigation to this form.
960605
P E R M I T S Id: ASSR100M -Keyword: @ASSRD User: JCHESTER 02/16/96
Parcel General Information Maintenance
eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee£
❑ General Parcel Data Maint - Action: Inspect a Record ❑
uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaN
❑ Parcel No: 0961 30 209011 Rg Ts Sec : 650530 ❑
❑ Status : A Active Retired (Y/N) : N ❑
❑ Street Address : 3901 Dir: St : 17 AV City: EVA ❑
❑ Situs Location: 3901 17 AV EVANS ❑
❑ Legal Desc : 13422 5161' N483 ' L8 NE4NW4 30 5 65 %3901 17 AVE% ❑
❑ Acres : . 00 ❑
❑ X-COORD: ❑
❑ Y-COORD: ❑
❑ Tax Rate Area : 0630 ❑
❑ Assr Use Code : 4021686 Assessed/Exempt : ❑
❑ Pub Owned (Y/N) : N ❑
❑ Primary Owner: DOWNING PHIL 0 JR Phone: ❑
❑ Mailing Addr: % NICK NAVARRETTE ❑
❑ 3901 17TH AVENUE ❑
❑ EVANS CO Zip: 80620 ❑
❑ Contract Owner: Percent/Ownership: . 00 ❑
aeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeY
*** Press any key to continue ***
960605
PERMITS Id: ASSR100N Keyword: @ASSRD User: JCHESTER 02/16/96
Parcel Owners Maintenance
688888866668688666666668ee686666666eeeeeefe868eeeeee&&688866e88e88ee6666&eefffef
❑ Primary Owner: DOWNING PHIL 0 JR ❑
❑ Name Cont Owner Type Percent Date ❑
uaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaN
❑ DOWNING PHIL 0 JR 12/14/95 ❑
❑ *** End of Names *** ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
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aeeeeeeeeeeeeee86888eefeeeeeeeee8e88eeeee888888888&eefeee&&ee8888eeefeeeee88886Y
66eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeef
❑ Parcel : 0961 30 209011 Use : 4021686 Owner: DOWNING PHIL 0 JR ❑
❑ Situs : 3901 17 AV EVANS Acres : ❑
❑ Legal : 13422 S161' N483 ' L8 NE4NW4 30 5 65 %3901 17 AVE.% ❑
aeffe68eee&8&&&888&888&ee&86866e6&&&88686&&&&686888&fe88&&fee888&8&86888&8888&61
<F1>Help, <ESC>Exit
960605
PERMITS Id: MISC301 Keyword: @ASSRD User: JCHESTER 02/16/96
User Defined Data Fields for Parcel No: 0961 30 209011
Oaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa�
° Parcel No : 0961 30 209011 °
aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaai
SegAdditional Assessor Parcel InformationoeeeeeeeeeeeeeeeeeeeeeecScreen No: 01O£
❑ a
❑ Parent Parcel No : a
❑ Book No. : 1291 ❑
❑ Reception No. : 02242128 ❑
❑ Document Type : Personal Rep Dee ❑
❑ Ownership Type : ❑
❑ Recording Date: 02/25/1991 Feb 25, 1991 ❑
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Enter Screen Number: 1 or ESC=Exit Table Processing (No more Table Screens)
•
960695
PERMITS Id: ASSR100D Keyword: @ASSRD User: JCHESTER 02/16/96
Parcel Legal Description Maintenance
. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
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❑ Parcel Legal Description - Action: Inspect Page : 1 a
uaaaaa£aaaadaaaaaaaaaaaaaaaadaaa£aaaaaaaa£aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaN
❑ 13422 S161' N483 ' L8 NE4NW4 30 5 65 %3901 17 AVE% a
n 3901 17 AV EVANS n
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n Parcel : 0961 30 209011 Use : 4021686 Owner: DOWNING PHIL O JR ❑
❑ Situs : 3901 17 AV EVANS Acres :
a Legal : 13422 S161' N483 ' L8 NE4NW4 30 5 65 %3901 17 AVE% a
aeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee¥
<F2>Next Page, <F3>Prev Page, <ESC>Exit
960605
PERMITS Id: MISC200 Keyword: SNAME User: JCHESTER 02/16/96
Search Files by a Name
Searching By - File (s) : Activity Parcel Owner
DOWNING Own/Occ C/A/E/D File
Name File Relationship
DOWNING EVOGENE P OWNER Parcel : 0961 19 109004
DOWNING FLOYD L & HELEN R P OWNER Parcel : 0959 13 302007
DOWNING GEORGE P OWNER Parcel : 0201 27 006001
DOWNING GEORGE & BARBARA P OWNER Parcel : 0201 27 012012
DOWNING GEORGE H & BARBARA A P OWNER Parcel : 0201 27 012004
DOWNING GEORGE H & BARBARA A P OWNER Parcel : 0201 27 012006
DOWNING GEORGE H & BARBARA A P OWNER Parcel : 0201 27 012008
DOWNING GEORGE H III P OWNER Parcel : 0961 19 108003 B25 01
DOWNING JOE M & LORETTA T P OWNER Parcel : 0961 30 400002
DOWNING LEIGH P OWNER Parcel : 0961 29 302008
DOWNING LEROY & KEILA P OWNER Parcel : 0961 19 108002 D2 02
DOW Owner for Parcel : 0961 30 209011 L/H/N: / /
DOy Name: DOWNING PHIL O JR Rg Ts Sec : 650530
-> DOy Location: 3901 17 AV EVANS
DOy Legal : 13422 S161' N483 ' L8 NE4NW4 30 5 65 %3901 17 AVE%
DO
DOWNING VALERIE E-1/2 INT & P OWNER Parcel : 0961 20 405024
DOWNS DEBRA L P OWNER Parcel : 0959 08 007002
F8=Keyword, F9=Display, F10=Update, ESC=Return to List
960695
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