HomeMy WebLinkAbout960601.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
A public hearing was conducted on April 9, 1996, at 10:00 a.m., with the following present:
Commissioner Barbara J. Kirkmeyer, Chair
Commissioner George E. Baxter, Pro-Tem
Commissioner Dale K. Hall
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Lin Dodge
County Attorney, Bruce Barker
Planning Department representative, Julie Chester
Planning Department representative, Keith Schuett
Planning Department representative, Ed Stoner
Health Department representative, Sara Teter
The following business was transacted:
I hereby certify that a public hearing was conducted to consider whether to authorize the County
Attorney to proceed with legal action against the individuals named for violations of the Weld
County Building Code and Zoning Ordinances. Cases were heard as follows.
VI #2261 - Herman A. and Darling B. Vigil: Julie Chester, Department of Planning Services,
presented the case report for the record and showed a video taken April 8, 1996 of the property.
She stated this noncommercial junkyard consisting of four derelict vehicles, piles of used building
materials and other miscellaneous junk is a violation of Sections 31.2 and 31.3.9 of the Weld
County Zoning Ordinance. Ms. Chester also reported a nonpermitted mobile home is located on
said property, which is a violation of Sections 31.2.16 and 43 of the Weld County Zoning
Ordinance. Delilah Vigil Cortez, the property owner's sister, was present and stated her fiance
owns the mobile home and her brother allowed her to store it on his property. She indicated her
fiance wants to move the mobile home and is willing to obtain the necessary permits. Ms. Chester
clarified for the Board that a Zoning Permit, Certificate of Compliance, and Storage Permit would
be required to bring the mobile home into compliance. Herman Vigil, property owner, was present
and stated all but one of the vehicles run and will be licensed, and he will remove the wrecked
vehicle. He denied storing used building material on the property and indicated what Ms. Chester
called "used building materials" in the video was piled firewood. Mr. Vigil stated he could have the
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property cleaned up in thirty days. Frank Garcia, Ms. Cortez's fiance, stated the mobile home has
been up for sale for several weeks, and he would like to be allowed to keep it on the property until
it is sold. Responding to Commissioner Baxter, Mr. Garcia indicated the mobile home is a 1977
model, and he has had difficulty placing a unit that old in a park. The Board clarified with Mr. Vigil
the condition of several vehicles shown in the video. No further public comment was offered.
Commissioner Harbert moved to delay referral of VI #2261 against Herman A. and Darling B. Vigil
to the County Attorney for legal action until June 1, 1996, to allow the property owners to remove
or license the vehicles and remove or appropriately permit the mobile home. The motion was
seconded by Commissioner Baxter and carried unanimously.
VI #2264 -Guy O. Dunning, Jr. and Debra A. Dunning: Ms. Chester reviewed the case report
for the record and stated this property is in violation of Sections 31.2 and 31.3.9 of the Weld County
Zoning Ordinance. She showed a video taken April 8, 1996 of the property, and indicated the
property is comprised of two parcels. She stated the extensive noncommercial junkyard is spread
out on both parcels and consists of a tremendous amount of new and used building materials,
numerous large tires, derelict vehicles, and used car parts. Ms. Chester acknowledged the
property owners have removed some tires and at least eight truckloads of material from the
property; however, a large amount of material remains. Guy Dunning, property owner, was present
and verified for Commissioner Baxter that he owns the 2.5-acre parcel and rents the adjacent 7.5
acres. Mr. Dunning humorously described himself as a packrat and stated he has removed 75 big
tires already, which left only 18 big tires and about 70 to 80 other tires on the property. He
indicated he is slowly removing some materials and would like to screen a portion of the property.
Commissioner Harbert noted he should have more than enough material to build adequate
screening. No further public comment was made. Motion was made by Commissioner Hall to
delay referral of VI #2264 against Guy O. Dunning, Jr., and Debra A. Dunning to the County
Attorney for legal action for 90 days to allow the property owners adequate time to bring the
property into compliance. Commissioner Webster seconded the motion, which carried
unanimously. Chair Kirkmeyer directed Mr. Dunning to work with Ms. Chester regarding the
screening plan.
VI #2267 - James M. and Barbara J. Durfee: Ms. Chester presented the case report for the
record and showed a video of the property taken April 8, 1996. She stated this property is located
in Hill-N-Park, and a huge noncommercial junkyard consisting of derelict vehicles, furniture,
household items, car parts, and other trash and junk is located in front of the mobile home, which
is a violation of Section 32.6.2 of the Weld County Zoning Ordinance. Ms. Chester indicated they
have received numerous complaints, and the Health Department inspected the property for
possible rodent harborage. She reported she had been in contact with Gerald Cooper, tenant, and
as of April 8, 1996, five truck loads of material had been removed. Mr. Cooper was present and
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requested 90 days to complete the cleanup. Responding to Commissioner Baxter, Mr. Cooper
stated he has been accumulating the material for about one year. Commissioner Harbert noted
that Mr. Cooper was first notified of the violation in December 1995, and that 90 days seemed
overly generous. Bruce Barker, County Attorney, clarified for Commissioner Hall that violation
cases are brought against owner and tenant. James Durfee, property owner, was present and
stated he now lives in Idaho and has been working with Mr. Cooper on getting the property cleaned
up. Mr. Durfee stated he feels Mr. Cooper is basically a good fellow, but he likes to collect things;
therefore, he asked for at least 30 days to accomplish the cleanup. No further public comment was
offered. Commissioner Hall moved to delay referral of VI #2267 against James and Barbara
Durfee to the County Attorney for legal action for 90 days to allow the property owners and tenant
to remove the noncommercial junkyard and bring the property into compliance. The motion was
seconded by Commissioner Baxter and carried unanimously.
VI #9600000 - Phil Downing c/o Nick Navarrette: Ms. Chester reviewed the case report for the
record and showed a video of the property taken April 8, 1996. She reported this property has
been inspected several times and presents violations of Sections 31.2., 31.3.9 of the Weld County
Zoning Ordinance, Sections 20.13.2, 20.13.3, 20.13.4, 20.13.5, 20.13.8, and 20.13.11 of the Weld
County Building Code Ordinance, and serious violations of the County and State Environmental
Health regulations, including unlawful sewage disposal, open trash burning, and rodent harborage.
Ms. Chester stated no one currently lives on the property and indicated, while it appears that some
trash has been removed, a mountain of trash in bags and on the ground remains on the property,
as well as thirteen derelict vehicles, used building materials, piles of tree limbs, and other
miscellaneous junk. Ms. Chester reported previous residents used five-gallon buckets for human
waste and dumped them into an open root cellar. Ed Stoner, Department of Planning Services,
reported the residence is substandard with no electricity, no sewer or water, no primary heating
system, broken windows and screens, and unsound roof, flooring and siding. He indicated the
garage and sheds were also substandard and filled with trash. Responding to the Board, Mr.
Stoner indicated a tremendous amount of repair would be required to bring the house up to
standard, without even addressing the health hazard issues. He noted the Board could, however,
pursue an abatement of dangerous buildings for the house and other structures on the property.
Commissioner Harbert questioned what would have to be done to take care of the sewage in the
root cellar. Sara Teter, County Health Department, indicated a working sewer system would have
to be in place before anyone could live on the property, but staff would have to investigate how to
take care of the contamination in the root cellar. Michael Lockman, representing his brother-in-law,
Nick Navarrette who is the property tenant, stated Mr. and Mrs. Navarrette are working out of state.
He indicated he recently returned to Colorado and has attempted to clean up the property, but has
limited time and resources. He indicated he plans to license a number of the vehicles on the
property and remove the others, and he believes the Navarrettes were negotiating with the City of
Evans regarding the property. Mr. Lockman stated the Navarrettes will not be back for at least 45
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days, and he feels he is doing all he can. After further discussion, Chair Kirkmeyer directed staff
to check into the situation with the City of Evans and ensure no one is allowed on the property.
Since ownership of the property is in question, the Board also directed staff to verify who owns the
property. Ms. Chester recommended the Board refer the case to the County Attorney for legal
action since Planning, Building Inspection, and Health Department staff have had no contact with
Mr. Downing or Mr. Navarrette since the initial notices of violations in February 1996. Keith
Schuett, Department of Planning Services, requested direction from the Board regarding the
abatement of dangerous buildings. Commissioner Harbert concurred the abatement was
necessary because of the overall dangerous condition of the property and buildings, and moved
to refer VI #9600000 against Phil Downing and Nick Navarrette to the County Attorney for legal
action. She also directed Planning and Health Department staff to pursue the abatement of
dangerous structures. Commissioner Webster seconded the motion. Mr. Stoner clarified for the
Board the property owner has 60 days to bring the property into compliance after the abatement
is initiated, or the County will remove the dangerous structures and bill the property owner. Mr.
Barker verified the abatement is separate from the other violations. No further public comment was
offered. The motion carried unanimously.
VI #9600009 - Elmer Lundvall/Flack Outdoor Advertising: Ms. Chester reviewed the case for
the record and presented a video taken April 8 1996, of the property. She explained two
advertising billboards are in violation of Sections 42.2.1 and 42.2.3.6 of the Weld County Zoning
Ordinance which requires signs placed after October 27, 1992, must be spaced a minimum of 500
feet apart and Section 30 of the Weld County Building Code Ordinance requiring construction to
commence within 120 days of the date of issuance of a building permit. She reported the permits
were issued between 1987 and 1990, therefore, have expired, and the signs are spaced 304 feet
and 400 feet apart. According to Roger Flack, Vice President of Flack Outdoor Advertising, when
the business was purchased last May, they assumed the permits were in force and built according
to those specifications. Neither the property owner nor the lessee were present at this hearing.
After recently corresponding and speaking with Mr. Flack, Ms. Chester recommended the Board
delay referral to the County Attorney for legal action for thirty days to allow Mr. Flack to obtain the
appropriate building permits and relocate the signs. No public comment was made. Commissioner
Hall moved to delay referral of VI #9600009 against Elmer Lundvall and Flack Outdoor Advertising
to the County Attorney for legal action for 30 days to allow the lessee to obtain appropriate building
permits and relocate said signs. The motion was seconded by Commissioner Webster and carried
unanimously.
Ms. Chester requested the next Violation Hearings be set for May 14, 1996, to facilitate current
violation cases. The Board concurred and Chair Kirkmeyer set the next Violation Hearings for
Tuesday, May 14, 1996, at 10:00 AM.
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This Certification was approved on the 15th day of April, 1996.
�, APPROVED:
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MAABOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLOFjADO .
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, t(t#1 MEMORANDUM
TO: The Board of County Commissioners April 9, 1996
COLORADO From: Julie Chester, Building Inspector/Zoning Compliances
SUBJECT: Request for Violation Hearing
I would like to request a Board of County Commissioners Violation Hearing for May, 14, 1996,
at 10:00 a.m. No hearing is scheduled for the month of May, however, there is a dike being
built in the Floodplain and the surrounding property owners feel there is some urgency in
resolving this violation. The violation is for Bernhardt, VI-9600013. I may have other violations
for a May 14th hearing date as well. Thank you for your consideration in this matter.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
960C91
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