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Home My WebLink About1212 Baker St - Correspondence/Other - 12/30/1999/ala ✓bj_- CITY ATTORNEY'S OFFICE EXT. 700 ��?�7T"r M E M O R A N D U M Bu��l'�d�a TO: Pete Barnes, Zoning Inspector Pete Ruggiero, Assistant City Attorney Tom Hays, City Engineer FROM: W. Paul Eckman, Assistant City Attorney Adt DATE: March 2, 1983 RE: Baker on Baker Street As you know, Councilman Knezovich has received numerous phone calls from the neighbors of Baker on Baker Street with regard to the slovenly condition in which Baker maintains his property. For that reason, Mr. Knezovich has, on various occasions, sought our assistance to resolve this problem. In an attempt to solve this problem, Mr. Baker was brought before the City Council last year and given a time period in which to clean up his property. Now, the problem has arisen again. I am now beginning to receive phone calls from the neighbors of Baker expressing their frustration and concerns over this problem. For this reason, I can certainly sympathize with the concerns that Mr. Knezovich has expressed over the past many months about this problem. These neighbors are adamant and I think that the time has come for us to begin to prepare another attack on Baker. In looking at the possible ordinances that we might use to attempt to resolve this prob- lem, I have thought that §54-16, entitled "Nuisances; abatement" may be helpful. It provides that the owner of property within the City must maintain the premises in a clean and orderly condition, permitting no deposit or accumulation of materials other than those ordinarily attendant upon the use for which such premises are legally intended. 'If an accumulation exists, it is declared to constitute a nuisance and a non -conforming use and the Director of Public Works may inspect the premises and remove the materials and charge Baker for the cost of such re- moval. The section goes on the provide, however, that there are other penalty provisions provided for in the article and a No Text Fri, "Yy. Mr. Clyde 0. Baker 1212 Baker . Street Fort Cbll.ins, Colorado Dear tor. Baker: We have received a complaint all the City of Fort Collins Zoning Ordin An inspection of the property has rev junk which must be removed. If you b are entitled to maintain a junk yard sity) Zone please notify me immediate evidence of your entitlement. v January 28. 1970 -yWr�2 e in violation of on N co attached). cumulation of trash and son to believe that you RL (Residential Low Den- n mail furnishing the Very tly yours. ery FORT COLLINS Gordon,F. Clyde Chief Building Inspector GFC/bjr 8CC: Chief Ralph Smith Frank Clack, Alley Inspector 1�. r No Text No Text No Text No Text No Text ra�a 9��- ^r � � , �� r,. ; . :i � - a � vJ�� : . �� e . .�._ �%': IYY OF FORT CO L P.O. BOx 5so, FORT COLLINS,COLORADO 80522 PH (3U3) 484-4220 BUILDING INSPECTION MEMORANDUM T0: Jim Meitl , Deputy City Manager FROM: Peter Barnes, Zoning Administrator /�t3 DATE: August 12, 1982 RE: 1212 Baker St. , corner of Pitkin & Baker The property at 1212 Baker St. , owned by Clyde Baker, has been the subject of numerous complaints over the past severa1 years. For about the last two years the complaints have usually been in regards to the untidy appearance of P1r. Baker's yard. Prior to that the complaints additionaflly concerned the frequency of garage sales conducted on the property. Three years ago, the Zoning office cited Mr. Baker for having more than two garage sales per year. Since that time he has not exceeded the per- mitted number. Nowever, in the last three years we have cited him twice for operating a junkyard in a residential zone. After both violation notices were served, Mr. Baker cleaned up his yard. After the last no- tice, I explained to him what constituted 'junk' as defined in the Zon- ing Code. Since that time various odds and ends have accumulated on the premises, resulting in more calls from the neighbors. We have inspected the Baker property subsequent to each call and have found nothing that feli into the category of 'junk' as defined in the Zoning Code, conse- quently, we could do nothing. Needless to say, the neighbors have not been happy. The premises are usually unsightly and I sympathize with the concerns of the neighbors. I have talked to the santitation inspector in the past regarding the property, feeling that the problem could best be addressed under the terms of Section 79-1 of the City Code. This section deals with premises which are filthy or offensive, and directs that the mat- ter would be heard by City Council if the violator refuses to comply with an order to remedy tfie problem. To ir�y knowledge the sanitation inspector has elected not to take action alon9 this line. This last week we have again received numerous calls regarding a huge garage sale. Mr. Baker called me on Monday, August 9, to inform me that he would be starting the garage sale on August 10 running it through August 15. This current sale is his second of the year and does not constitute a violation, even though 'junk' is being displayed on the lot. PB/dz cc: John Huisjen, City Attorney �a�a ��,. f�lEMO T0: Verna Lewis , Assistant City Nanager FROM: Peter Barnes , Zoning Administrator nQ DATE: Gecember 9, 1981 RE: P1cKelvey Inquiry Regarding Junkyard Complaint at 1212 Baker Street On November 17, 1981> the Zoning Office received a formal complaint against the property at 1212 Baker Street, which is owned by Clyde Baker. The com- plaint form was signed by three parties living on Pitkin Street, across from the Baker house. The complainants allege that Mr. Baker has been conducting a business at his residence and has been storing junk along Pitkin Street, creatinq an offensive eyesore. We have been aware for some time of the junk problem, and in fact have pursued junk complaints against P�r. Baker in the past. I have inspected the property on numerous occasions this year and determined that, under the restrictions of the definition of a junkyard in the Zoning Code, t1r. Baker was not storing junk. Consequently , I had contacted the concerned neighbors and explained that we could site him for an illegal home occupation much easier than for a junkyard. However, before we cauld proceed with that type of viola- tion, we would require that a written complaint be submitted since they, and not the City , are eyewitnnesses to the violation and would be called on to testify in court if the need arose. I sent them a complaint form and received it back on November 17, 1981, six months after I sent it. On November 17, 19II1 > my office sent P1r. Baker a certified letter informing him of the home occupation which is in violation of the Zoning Code. In addi- tion, �ae sited him for a violation of Section 79-1(a) of the City Code, which requires that filthy, offensive premises be put in proper condition . This section , not being contained in the Zoning Code , has never been enforced by the zoni.ng section before. However, given Mr. Baker's past history, it was decided to pursue this route in dealing with his junk. The certified letter gave P1r. Baker twenty (20) days from receipt of the letter to bring his pro- perty into conformance. The letter informs him of a possible court summons for the zoning violation and of City Council action concerning the junkyard violation-(Section 79-( 1) states that City Council may order that the reme- dies be made if the property owner fails to comply with the written notice , and that they may assess the expense to the owner of the property, and if the owner refuses to pay the expenses , place a lien against the property) . A copy of this letter was sent to the complainants . At this date, we have no record of Mr. Baker accepting his certified letter. We normally allow people 30 days to pick up their certified mail before ih�e try to track them down and hand deliver it. If P1r. Baker is not in receipt of the letter shortly, we plan to attempt to personally serve the notice by December 16, 1981. P.B/dlh i�:��. - � � ' No. 161 : City of Fort Collins, Colorado SERVICE REQUEST � i Date Received Z Report Due By 2/22/74 Referred T Franlc Clack Received By Laura Zell i From 1A1ec Winick 482-3390 Name Address Telephone Number , Statement of Request or Complaint 1"li'• Ldinick came in because a neighbor of his,,_,S7�Zde Baker at 1212 Baker has tires, motorcycles, etc. in his yard. Mr. Winick states that the resident also has frequent garage sales. The complaintant would like you to keep his name out of this--he says this has been going on for some time, but he can no longer stand the mess.. cc: Chuck Liquin Report of Action 7aken -�.��o _�/�e �o-c-�� — z/z �/7� �/�-�� -�� -��P �z�, .�e �,�:� � �� ,.� Nature and Date of Notification to Complainant I Date Report Submitted By White - Return to Originating OfBca �� Bloe - Action Office Copy � Pink - Originating Office Follow-Up Pile � _ - ' � , � . . . ._ __. �