The URL can be used to link to this page

Browse Search

Home My WebLink About20240862.tiffRESOLUTION RE: FINDINGS AND ORDER: ABATEMENT OF NUISANCE CONDITION ON PROPERTY LOCATED AT 3716 YOSEMITE DRIVE, GREELEY, COLORADO 80634 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, property (Parcel #070512300004) located at 3716 Yosemite Drive, Greeley, Colorado 80634; being further 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 PM, Weld County, Colorado ("the Property"), on which the premises is a source of filth that may be injurious to the health of the inhabitants and surrounding properties due to extreme amounts of trash and debris on the property, as well as having no running water or plumbing to handle the effluent from the residence or occupied Recreational Vehicles on the Property, thereby constituting a nuisance in need of abatement in accordance with the provisions of C.R.S. §25-1-518, and WHEREAS, despite efforts by the Weld County Department of Public Health and Environment (WCDPHE) and Weld County Department of Planning Services staff to resolve said matter, the nuisance has not been abated, and WHEREAS, on the 29th day of April, 2024, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said nuisance condition, and WHEREAS, neither occupants nor purported owners, including Clinton Vickery, of said property were present or represented at said hearing, although notified of said hearing by posting of the property, mailing of notices to proposed owners of said property, and publication of the notice in the Greeley Tribune, and WHEREAS, employees of WCDPHE and the Weld County Attorney's Office testified regarding the nuisance condition on the Property created by the trash, debris, and lack of water or plumbing on the property, and WHEREAS, based upon such testimony, the Board of County Commissioners deems it advisable to issue an Order of Abatement of a public nuisance against purported property owners, including Clinton Vickery and current occupants on the property, thereby ordering abatement of the nuisance condition. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that based upon the testimony of the WCDPHE and the Weld County Attorney's Office, regarding the filth created by trash, debris, and lack of appropriate water or plumbing located at 3716 Yosemite Drive, Greeley, Colorado 80634, constitutes a nuisance pursuant to C.R.S. §25-1-518. CC : CACALA Pt_ (ER/Kw/RCA HL(3C/DS/DA 2024-0862 CT[3 (EG) HL0057 O5/1o/24 FINDINGS AND ORDER: ABATEMENT OF NUISANCE CONDITION ON PROPERTY AT 3716 YOSEMITE DRIVE, GREELEY, COLORADO 80634 PAGE 2 BE IT FURTHER RESOLVED that an Order of Abatement be, and hereby is, issued pursuant to C.R.S. §25-1-518, whereby the following actions are ordered to abate the nuisance condition on the Property: 1. The Occupants or purported owners, including Mr. Clinton Vickery, are ordered to remove all trash and debris, including the currently occupied Recreational Vehicles, immediately, but not later than May 27, 2024. 2. The WCDPHE and Weld County Attorney's Office are authorized to proceed to District Court for authority to enter said property, evict occupants of said Recreational Vehicles, and clean the property to abate the public nuisance if the nuisance is not abated by May 27, 2024. 3. The costs for such action and abatement shall be assessed on the Property as a special assessment, pursuant to C.R.S. §25-1-518. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of April, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY DO ATTEST: Weld County Clerk to the Board BYC4a7r11-0( AP Deputy Clerk to the Board County orney /Date of signature: 5/11 Z>� -7c_ 0 Kevy'n-Q. Ross, thair Perry L. ck, Pro-Tem Mike Fr-eman Saine 2024-0862 HL0057 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Certified Letter: 7014 0150 0000 1113 5063 12/28/2023 Clinton Vickery 3716 Yosemite Dr, Greeley, CO 80651 Subject: Notification of Illegal Open Burning and Waste Handling and Disposal, parcel 095926401002, Weld, Co Dear Property Owner: This letter is an advisory to you regarding the following: Colorado Revised Statutes (C.R.S.) and Weld County Cade regarding solid waste handling and Colorado -wide open burning regulations that have been adopted by the Colorado Air Quality Control Commission for compliance with the Federal Clean Air Act and Amendments. The Weld County Department of Public Health and Environment (WCDPHE) received reports from Front Range Fire Rescue (FRFR) of two illegal burning events that had been conducted at the above property within the last 12 months as well as citizens' complaints of repeated illegal burning in the last 30 days. Both FRFR's reports and citizens' complaints state illegal materials were being burned such as plastics, furniture, etc. An inspection conducted on 12/20/2023 at approximately 1000 by a representative of this Department, alongside FRFR, the Weld County Sheriffs Office, and the Weld County Planning Department, observed evidence of illegal burning substantiating FRFR's reports and citizens' complaints. Regarding the Solid Waste- According to the "Regulations Pertaining to Solid Waste Disposal Sites and Facilities" (the Solid Waste Regulation) (6 CCR 1007-2), as promulgated by the Solid Waste Disposal Sites and Facilities Act, Title 30, Article 20, Part 1, of the C.R.S., as amended, it is unlawful to store, treat, transfer or dispose of solid wastes on your property without a Certificate of Designation issued under the provisions of the regulations. The site must also be operated in a manner to mitigate nuisance conditions. Additionally, according to the Weld County Code, Chapter 23, Article III, Division 1 of Section 23-3-40. I, disposal of waste on your property may require a Use by Special Review (USR) permit specifically allowing waste disposal. It is expected that you either cease the above -mentioned practices and dispose of the waste properly or comply with all applicable regulations immediately. A written response is requested that should include what steps will be taken by you to comply with the above referenced regulations and to remove and properly dispose of the waste present at the Property. Please inform us of your intentions within the next fifteen (15) days. Health Administration Public Health & Env'vonmental Heaith Communication, Emergency Preparedness Vital Records Clinical Services S.M... Education & Planning & Response Tele:970-304-6410 Tele:970-304-6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470 Fax: 970-304-6412 Fax: 970-304-6416 Fax: 970-304-6411 Fax: 970.304-6452 Fax: 970-304-6452 Public Health Regarding Outdoor Open Burning- Open burns not specifically exempt under Air Quality Control Commission Regulation 9 (5-CCR-1001- 11 (the Open Burning Regulation), conducted without the issuance of an Open Burning Permit, issued by the state Air Pollution Control Division (the Division) or a duly appointed representative, such as WCDPHE, is considered illegal open burning. The Open Burning Regulation requires that a state Open Burning Permit be obtained prior to open burning not specifically exempt such as limitedly defined agricultural practices. The Open Burning Regulation prohibits open burning of trash, solid waste, construction debris, mattresses, furniture, and any other non -vegetative, non -natural wood materials not specifically exempt in the Regulation. To conduct open burning of these materials is considered illegal open burning and a burn permit would not be issued for this type of burning activity. Violations of the Open Burning Regulation may be enforced by the Division with possible financial penalties of up to $10,000 per day for commercial open burning violations. It is expected that you cease the above -mentioned practices and comply with all applicable state regulations and County Code immediately. Please be advised, the notifications in this letter do not preclude this Department and/or the Colorado Department of Public Health & Environment from initiating appropriate legal action in accordance with the Colorado Revised Statutes (C.R.S.) or any other applicable regulations. Please contact me if you have concerns or questions about the content of this letter or regulations at 970-400-2239. Sincerely, Dani Serna, RS/REHS Air Quality Program Lead, Weld County Environmental Health 1555 N. 17th Ave. Greeley, CO 80631 dserna@weld.gov 970-400-2239 (office), 970-518-2626 (cell) CC: Chief Ty Drage, Front Range Fire Rescue Fire Inspector Kurt Nakate, Front Range Fire Rescue Cynthia Villanueva (Zoning Compliance), Weld County Planning Department Tom Potter (Building Plans Examiner), Weld County Planning Department Rob Godin (Building Official), Weld County Planning Department Wendi Inloes (Planning Coordinator), Weld County Planning Department Miguel Garcia (Waste Inspector), Weld County Environmental Health Katie Sall (EH Manager), Weld County Environmental Health 1 _.•at -' _se • I Alpe ir'• ...Cf r • ! •i• • i.'I .t "i.t ":'. y�v,� ••L • •. „I' • Lrf-a1C... i •". .• • • o:'=•lg,i r r. t "i- tl ..-tom .I Jtte l s - �.-ra-. la:- - •'_a , _te:�%1_ _L, \-:Y,•L' I - ..:r'__ - A V-• • \ a • • �,�:.► r: ._. , 4'r. -'A l4 ''r • .`� • l - _ alat- T s ti • , •{� ‘a.r-- • "► 'Mr mss , -1. - - > bit i.♦ �-r...� �. - • • -` 1,�..� :l .• .4't e•�� t `A. 1.. � .4,•_mss _ • lir W tralatritte • • _�a "Or-- - - - - +•r ' tti •• _ . .-r • ...."...•t - _ .. • • , ;r Yl s• t t•'� • t ,-,,— . I • d &kr' • '., r_.1.‘e, r • _ea • V1164. •- - a 11/4,_�;�: „,s.. (l► �- , ?► •t } om irk Notice of Abatement Proceedings and Public Nuisance Hearing Notice is hereby given that the following 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, contains a structure that the Weld County Building Official has deemed as a dangerous building and Weld County staff has reason to believe that the property constitutes a public nuisance. You are hereby notified that pursuant to the 1997 Uniform Code for the Abatement of Dangerous Buildings, as adopted by Chapter 29 of the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. If you have an interest in the property or questions, contact the Weld County Attorney's Office at (970) 336-7235. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five (5) days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4225, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Email messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your email correspondence into the case file, please send a copy to egesick@weld.gov. Docket #: 2024-31 Hearing Date: April 29, 2024 Hearing Time: 9:00 a.m. Board of County Commissioners Weld County, Colorado Dated: April 11, 2024 Published: April 13, 2024, in the Greeley Tribune Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Jigait, being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Weld County and meets the legal requisites fora legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Greeley Tribune in Weld County on the following date(s): Subscribed and sw to me before me this I day of tum, (SEAL) Apr 13, 2024 SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES July 31, 2025 Account: 1099690 Ad Number: 2046237 Fee: $21.50 Hello