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Home My WebLink About970034.tiff HEARING CERTIFICATION RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES A public hearing was conducted on January 7, 1997, at 10:00 a.m., with the following present: George E. Baxter, Chair Constance L. Harbert, Pro-Tem Dale K. Hall Barbara J. Kirkmeyer W. H. Webster Also present: Acting Clerk to the Board, Lin Dodge County Attorney, Bruce Barker Planning Department representative, Julie Chester Planning Department representative, Ed Stoner Planning Department representative, Todd Hodges 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 #9600190 - Jay and Denise Gegenheimer (cont. from 10/08/96): Ed Stoner, Department of Planning Services, reviewed the case file for the record and stated the property is still in violation of Section 70.4.2 of the Weld County Building Code Ordinance. Mr. Stoner reiterated this building permit was issued December 12, 1994, and the violation notice was issued September 25, 1996. He indicated, as of today, his office has not received the certified mail receipt for a notice of hearing sent to the property owners December 26, 1996. Mr. Stoner submitted copies of photos of the property taken January 6, 1997, marked as Exhibit A for the record, and verified for the Board that the property owners live in the subject mobile home. Bruce Barker, County Attorney, confirmed the legal process for Building Code Ordinance violations is the same as Zoning Ordinance violations. The property owners were neither present nor represented at this hearing. No public comment was made. Commissioner Hall moved to refer VI #9600190 against Jay and Denise Gegenheimer to the County Attorney for legal action. The motion was seconded by Commissioner Kirkmeyer and carried unanimously. 970034 PL0824 LC .' ieL � CH RE: HEARING CERTIFICATION - BUILDING CODE AND ZONING VIOLATIONS PAGE 2 Mr. Stoner reported the remaining cases continued from the October 8, 1996, Violation Hearings have been closed. Those cases are as follows: VI #9600196 - Charles and Anna Peaslee VI #9600197 - Ramon and Delia Martinez VI #9600199 - Candace Mistier VI #9600201 - Justin and Jenni Van Patten VI #9600202 - Kenneth L. Brening VI #9600204 - Vernon Scoggin VI #9600205 - Charles Haller/Tom and Susan Winden VI #9600211 - Vincente and Geraldine Martinez/William Kimre VI #9600213 - Cesar Ibarra VI #9600216 -Victor Alvarez VI #9600225 - GL and DF Dittmer VI #9600226 - Mike and Theresa Garcia/Ben J. Garcia VI #9600231 - Ron Wyatt VI #9600232 - Frank Aguilar/River Valley Village VI #9600233 - Hazel Konig Trustee/John Foster VI #9600234 - Riverbend Investments, LLC, and Bradley Gielissen VI #9600235 - Christopher Miller/Charles and Esther Pittock VI #9600238 - David and Kay Nielson VI #9600241 - Randolph and Nancy Anderson VI #9600251 - Louise L. Kelley/Mr. and Mrs.Yocubets, tenants: Julie Chester, Department of Planning Services reviewed the case for the record and indicated the property is still in violation of Sections 31.2., 31.3.9, and 31.5.4 of the Weld County Zoning Ordinance. She stated both Mrs. Kelley and her tenants have been cooperative and only one derelict vehicle remains on the property. Ms. Chester explained the tenants have three horses on the one-half-acre property, on which the Zoning Ordinance allows only two. She indicated the tenants supposedly have rented the adjacent property to accommodate the other horse, but have yet to provide proof of such to the Department of Planning Services as requested. Louise Kelley, property owner, was present and stated she has not talked with her tenants, but feels they should be able to work together to bring the property into compliance within thirty to sixty days. She indicated she has had a difficult time contacting the tenants and her only other alternative would be to evict them, which would be costly and something she does not want to do. Ms. Chester verified for Commissioner Webster the vehicle was operable but has an expired license, and it has been very difficult to contact the tenants. Chair Baxter explained for Mrs. Kelley that it is very important in these violation proceedings to make the tenants realize the consequences of not doing their part in bringing the property into compliance. Ms. Chester verified for the Board that copies of all letters and notices were sent to the tenants. Bruce Barker clarified for the Board that both property owner and tenant can be, and usually are, held as responsible parties and can be taken to court. No public comment 970034 PL0824 RE: HEARING CERTIFICATION - BUILDING CODE AND ZONING VIOLATIONS PAGE 3 was offered. Commissioner Webster moved to delay referral of VI #9600251 against Louise L. Kelley and Mr. and Mrs. Yocubets to the County Attorney for thirty (30) days to allow Mr. and Mrs. Yocubets adequate time to either license or remove the derelict vehicle and to provide proof of renting the adjacent property. The motion was seconded by Commissioner Kirkmeyer and carried unanimously. VI #9600259 - Mary Shaklee, Trustee: Ms. Chester reviewed the case for the record and stated there is still a noncommercial junkyard consisting of three derelict vehicles, used car parts, and tires which is a violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. She indicated Planning received a letter from the City of Evans regarding the entire unincorporated area of Evans, which includes this property and the previous case heard today. Ms. Chester stated Mrs. Shaklee's grandson lives on the property and has made some effort to clean it up. She further stated he is using one of the derelict vehicles for parts to repair the other two. Mary Shaklee, property owner, was present and stated her grandson is working on repairing the vehicles and she knows that two of them are operable. Ms. Chester verified for the Board that all three vehicles have expired licenses. Mrs. Shaklee explained that her grandson suffers from Tourette's Syndrome and is unemployed and, because of the nature of the condition, he can work for only short periods of time at any task. She further stated that she will try to get the problem resolved, but since she is 82 years old, her resources are limited. Commissioner Kirkmeyer questioned whether there are other family members who can assist her and her grandson. Mrs. Shaklee indicated her son and daughter-in-law (the grandson's parents) live in the area. Commissioner Harbert stated the parents should be notified of the decision at this hearing and be sent all other correspondence relating to this case, in an attempt to help Mrs. Shaklee and her grandson comply. No public comment was offered. Commissioner Harbert moved to delay referral of VI #9600259 against Mary Shaklee, Trustee, to the County Attorney for legal action for sixty (60) days to allow adequate time for Mrs. Shaklee and her family to bring the property into compliance. Commissioner Webster seconded the motion, which carried unanimously. VI #9600291 - Edwina J. Rowan: Ms. Chester reviewed the case for the record, stating a noncommercial junkyard consisting of one derelict vehicle, an abandoned, unpermitted mobile home, and piles of old wood remain on the subject property and is in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. She showed a video tape of the property taken January 6, 1997, and indicated Mrs. Rowan, the property owner, has made considerable progress since the initial violation notice and has made arrangements for the vehicle to be removed. Ms. Chester reported Mrs. Rowan wants to pile all the old wood together and have a controlled burn, however, the local fire protection district has indicated a moratorium on controlled burns is in effect until March. Edwina Rowan, property owner, was present and reiterated her arrangements to have the derelict vehicle removed. She stated she talked with Gary Sandau of the LaSalle Fire Protection District who indicated he would work with her on the controlled burn. Mrs. Rowan explained that the trailer is unmoveable and will have to be torn apart and hauled away and 970034 PL0824 RE: HEARING CERTIFICATION - BUILDING CODE AND ZONING VIOLATIONS PAGE 4 requested at least sixty days to work on that part of the cleanup. No public comment was made. Commissioner Kirkmeyer moved to delay referral of VI #9600291 against Edwina Rowan to the County Attorney for legal action for ninety (90) days to allow Mrs. Rowan adequate time to remove the derelict vehicle and mobile home and to have the controlled burn as soon as permitted. The motion was seconded by Commissioner Webster and carried unanimously. VI #9600057 - Ken Griego: Ms. Chester reviewed the case for the record and stated the noncommercial junkyard on the property is in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. She explained that Mr. Griego has been very cooperative, but very slow in accomplishing the cleanup of the subject property. She further stated that Mr. Griego has obtained a building permit to finish a garage/storage structure in which he plans to store the vehicles and miscellaneous materials he has not already removed. The property owner was not present or represented at this hearing. Ms. Chester verified for Chair Baxter the structure is big enough to store all the remaining materials and recommended he be given additional time to finish the structure. She clarified that the building permit expires in six months. No public comment was offered. Commissioner Harbert moved to delay referral of VI #9600057 against Ken Griego to the County Attorney until the expiration of the current building permit, with Commissioner Kirkmeyer seconding the motion. Ms. Chester verified the permit expiration date and that the property owner could request an extension on the building permit. Commissioner Harbert moved to amend the motion to delay referral until May 14, 1997, in order to prevent Mr. Griego from obtaining an extension of the building permit and not completing the storage structure. Commissioner Kirkmeyer agreed to said amendment and the motion carried unanimously. VI #9600131 - Gale Ann Sharp: Ms. Chester reviewed the case for the record indicating the commercial gravel trucking business being operated from the subject property without a Special Review Permit is a violation of Sections 31.2, 31.3, 31.4, and 31.4.15 of the Weld County Zoning Ordinance. She stated that at least two or three trucks are still going to and from the property, employees are parking on the property, and Mrs. Sharp is dispatching from the residence. Ms. Chester indicated Mrs. Sharp has not submitted documentation about the business which has been requested several times. Todd Hodges, Department of Planning Services, stated staff's concern for the impact on the area and verified for the Board the home business does require a Special Review Permit. The property owner was not present or represented at this hearing. Commissioner Harbert moved to refer VI #9600131 against Gale Ann Sharp to the County Attorney for legal action. Commissioner Webster seconded the motion, which carried unanimously. VI #9600292 -Domingo Hernandez do Sue Hernandez: Ms. Chester presented the case report for the record indicating the noncommercial junkyard on the property is in violation of Sections 31.2 and 31.3.9 of the Weld County Zoning Ordinance. She explained this property is included in the unincorporated area the City of Evans requested be inspected. Ms. Chester stated the subject property is basically abandoned and is in terrible condition with dangerous, caved in potato cellars, 970034 PL0824 RE: HEARING CERTIFICATION - BUILDING CODE AND ZONING VIOLATIONS PAGE 5 a shed that is falling down, piles of junk, and a great amount of tall, dry weeds which could present a fire hazard. She explained Ms. Hernandez lives in Ohio and is trying to get the property cleaned up by bidding out the work, but has had no responses. Ms. Chester recommended a thirty-day delay to allow Ms. Hernandez more time to hire someone to do the cleanup. The property owner was neither present nor represented at this hearing and no public comment was offered. Commissioner Kirkmeyer moved to delay referral of VI #9600292 against Domingo Hernandez do Sue Hernandez to the County Attorney for legal action for thirty (30) days to allow the property owner more time to hire someone to clean up the subject property. The motion was seconded by Commissioner Hall and carried unanimously. VI #9600244 -John and Diane Blackwell: Ms. Chester reported this case closed. This Certification was approved on the 13th day of January, 1997. �s(oss�` APPROVED: 4 /E L4 SS S ' / `� �a/t BOARD OF COUNTY COMMISSIONERS v1p �I ''-" WELD UNTY, COLQRADO 4861 t1` > ?so- - �1 b el. ,p ty Clerk to the Board 'f r George E. Baxter, Chair ,;® 1 // t. S`� illOn leputy CI-G to the Board I �> �' u poestance L. Harbe , Pro-Tem TAPE #97-01 _ I Dale K. Hall RESO #970035 -#970041 c �fc LG4L. i/� / ;,l.f'/A� 'Barbara J. Kirkmeyerrk t 11 W. H. Webster 970034 PL0824 Hello