HomeMy WebLinkAbout20240863.tiffHEARING CERTIFICATION
DOCKET NO. 2024-31
RE: PUBLIC HEARING TO CONSIDER ABATEMENT OF DANGEROUS BUILDING
PROCEEDINGS AND ABATEMENT OF NUISANCE CONDITION CONCERNING
PROPERTY DESCRIBED AS: LOT FOUR (4), BLOCK SEVEN (7), HILL N PARK, A
SUBDIVISION LOCATED IN THE SOUTH HALF (S1/2) OF SECTION 26, TOWNSHIP 5
NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, ALSO
KNOWN AS 3716 YOSEMITE DRIVE, GREELEY, COLORADO 80634
A public hearing was conducted on April 29, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Houstan Aragon
Deputy County Attorney, Karin McDougal
Assistant County Attorney, Adria Schiel
The following business was transacted:
I hereby certify that pursuant to a notice dated April 11, 2024, and duly published April 13,
2024, in the Greeley Tribune, a public hearing was conducted to consider the Abatement of
Dangerous Building Proceedings and Abatement of Nuisance Condition concerning property
described as: Lot four (4), Block seven (7), Hill N Park, a subdivision located in the south half
(S1/2) of Section 26, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado,
also known as 3716 Yosemite Drive, Greeley, Colorado 80634. Bruce Barker, County Attorney,
made this a matter of record.
Karin McDougal, Deputy County Attorney, introduced Robert Godin, Chief Building Inspector,
Dan Joseph, Director of Environmental Health Services, Cynthia Villanueva, Code Compliance
Officer, Adria Schiel, Assistant County Attorney, and Tyler Drage, Front Range Fire Rescue. She
stated the property discussed is located at 3716 Yosemite Drive, Greeley, Colorado, as part of
the Hill -N -Park subdivision. Ms. McDougal recommended the Board address the concerns of this
property through two (2) methods: 1) abatement as a dangerous building, and 2) abatement of a
public health nuisance, which has become a significant safety risk to the public due to the
proximity to other properties and is within the floodplain. She presented a PowerPoint slideshow
and reviewed a detailed summary of the staff findings concerning the subject property, including
two (2) fires, a long and difficult ownership history, current inhabitants in recreational vehicles
(RV) without plumbing, extreme amounts of junk and trash, and a tree being held up by a chain
to prevent it from falling at any moment.
E Ms. McDougal addressed the dangerous building aspect by citing the 1997 Abatement of
Dangerous Building Code, which has been adopted into Chapter 29 of the Weld County Code, as
the guidance mechanism for which Mr. Godin has deemed this building to be a dangerous building
CG:CR(ALA PL(ER/MW/RG l -IL- ZC/OS/DS), c113(EG)
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HEARING CERTIFICATION - ABATEMENT OF DANGEROUS BUILDING PROCEEDINGS
AND ABATEMENT OF NUISANCE CONDITION
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due to three (3) elements of criteria being met for the significant risk for life, health, and safety of
the public, which were detailed for the record and accompanied with photographs. She reviewed
next steps to move forward with the abatement process, requested the Board find this building to
be in violation with the Weld County Code, and Order the property owner, Clinton Vickery, and
occupants to abate the nuisance of the building with the following mitigation measure: add a fence
to secure the property no later than May 9, 2024. Ms. McDougal further stated should the property
owner fail to comply with said Order, staff requests the Board authorize staff to provide methods
of abatement up to, and including, demolition of the building, as permitted under Section 29-2-80
of the Weld County Code, and impose a Special Assessment with the Treasurer's Office for the
costs of such abatement.
Ms. McDougal addressed the public nuisance aspect by citing C.R.S. §25-1-518 and
summarized the state of the property by displaying additional photographs as evidence to deem
this property to be a nuisance condition. She stated there is no evidence of proper plumbing or
disposal of waste being generated by the occupants of the two (2) RVs located on the property,
the sources of filth can potentially harbor rodents and other pests that can be sources of illness,
and there is the possibility of harmful substances leeching into the nearby South Platte River.
Ms. McDougal requested the Board find the property is a public nuisance, in accordance with
C.R.S. §25-1-518, supported by the evidence discussed, and Order Mr. Vickery, or the persons
who have caused or permitted the nuisance, to remove the debris at their own expense and
vacate the RVs within 30 days. She further stated that should the property owner fail to comply
with said Order, staff requests the Board authorize staff to provide methods of abatement to
remove the nuisance, as permitted under C.R.S. §25-1-518 and impose a Special Assessment
with the Treasurer's Office for the costs for such abatement. Ms. McDougal further requested
authorization for the County Attorney's Office to proceed to court for judicial determinations
regarding this nuisance and further address the violations on the property that have been
discussed.
e. Mr. Joseph clarified his viewpoint of the two abatement situations. In response to
Commissioner James, Ms. McDougal elaborated her understanding as to the ownership of the
RV through Deed to Mr. Vickery and stated property taxes have not been paid for several years.
Ms. Schiel added the mobile home has been struck off by the County concerning tax liens on the
property but has not been titled to Weld County. As a follow-up to Commissioner James' additional
inquisition, Ms. McDougal confirmed the County views this as two (2) separate requests to
address the separate issues, and clarified the property was not deeded correctly to the owner
which lends to the complicated history of ownership. Bruce Barker, County Attorney, addressed
the processes known as Purging in the Assessor's Office to convert mobile homes into real
property to show, in fact, they have met certain requirements.
. Tyler Drage, Deputy Fire Chief and Fire Code Official for Front Range Fire Rescue, thanked
staff for their efforts and further stressed the importance to take the steps in correcting these
concerns for the public. He stated, in his professional opinion, the site is an exceptional risk to
their operations and there has been no efforts to remedy the situation since the second fire
occurred. Mr. Drage indicated the property exceeds all realistic expectations for first responders
to be in a harmful situation despite their line of duty.
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Deputy Clerk to the Boar
HEARING CERTIFICATION — ABATEMENT OF DANGEROUS BUILDING PROCEEDINGS
AND ABATEMENT OF NUISANCE CONDITION
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Chair Ross confirm neither Clinton Vickery, property owner, nor a representative were
present. Commissioner Buck thanked staff and indicated she received a complaint from a property
owner who was fearful with the conditions and activities of this property. After discussion
regarding the Findings and Orders, Commissioner James moved to authorize the Department of
Planning Services and Weld County Attorney's Office to proceed with the Abatement of the
Building by ordering the actions as presented by staff. The motion was seconded by
Commissioner Buck, and it carried unanimously. Chair Ross indicated there are two (2) separate
motions to be made for the two (2) different abatement processes.
le Commissioner James moved to authorize the Department of Planning Services and Weld
County Attorney's Office to proceed with the Abatement of a Nuisance Condition by ordering the
actions as presented by staff. The motion was seconded by Commissioner Saine, and it carried
unanimously. There being no further discussion, the hearing was completed at 9:56 a.m.
This Certification was approved on the 13th day of May, 2024.
BOARD OF COUNTY COMMISSIONERS
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2024-0863
PL0343
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