Wednesday, November 2, 2016

UPDATE: Junk trailers ordered removed

Posted By on Wed, Nov 2, 2016 at 1:16 PM

click to enlarge These shabby mobile units have been drawing vermin and who knows what else for nearly three years. Now they've been ordered removed. - PAM ZUBECK
  • Pam Zubeck
  • These shabby mobile units have been drawing vermin and who knows what else for nearly three years. Now they've been ordered removed.
UPDATE:
From the county:
The County will let the judge know that the order has been ignored and the judge will probably appoint a receiver for the property for the purposes of bringing it into compliance with the order. Alternately, he could also authorize the county remove the structures and recover its costs from the owner. Either way, we know the neighbors have put up with this situation through the long legal process but we want them to know that there is light at the end of the tunnel. Hard to say if its as soon as thirty days but its certainly a lot closer to resolution.

—-ORIGINAL POST 1:15 P.M. WEDNESDAY, NOV. 2, 2016——————-

Remember the eye sore we told you about in January near Austin Bluffs Parkway? ("County squares off with a government contractor over zoning violations," Jan. 6, 2016)

Well, the shabby trailers are still there, but El Paso County has won a judgment that might force their removal.

We say might, because not everyone conforms to a judge's order. If the owners of the property fail to remove the 16 units, which have been there about 2.5 years, it's unclear what the county could do. But in similar cases, the county could hire a contractor to remove the trailers and dispose of them and file a lien against the property for the bill.

In any event, the owners have 30 days to get rid of the obnoxious deteriorating trailers. Here's the order: (There are two petitions, because there are two landowners involved.)

For Defendant Security Management:

HEREBY ENTERS THE FOLLOWING ORDER:
1. Judgment is hereby entered against Defendant Security Management and Integration Company, a Washington corporation (“Security Management”) and in favor of Plaintiff Board of County Commissioners of the County of El Paso, Colorado.

2. Defendant Security Management shall, within thirty (30) days of this Court’s order, remove from its property the modular components identified in Plaintiff’s Motion for Summary Judgment, its Brief in Support, and accompanying exhibits, which are not permitted by the El Paso County Land Development Code. In doing so, Defendant Security Management shall also remove any debris and/or rubbish from the subject property, which resulted from the modular components deteriorating over time.

3. That any failure to follow this Court’s order shall be enforced by and through contempt proceedings pursuant to the Colorado Rules of Civil Procedure.

For Defendant Miquel Avery:

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:
a. Default judgment is hereby entered against Defendant Miquel Avery and in favor of Plaintiff, Board of County Commissioners of the County of El Paso, State of Colorado.

b. Outdoor storage of modular components is not permitted on the subject property pursuant to the El Paso County Land Development Code. Accordingly, Defendant Miquel Avery shall, within thirty (30) days of this Court’s order, remove all modular components from the subject property. In doing so, Defendant Miquel Avery shall also remove any debris and/or rubbish from the subject property, which resulted from the modular components deteriorating over time.

c. Plaintiff shall serve a copy of these Findings of Fact, Judgment, and Order by Certified Mail, with a Domestic Return receipt, or by personal service as provided for in Colo.R.Civ.P. 4.

d. The terms of these Findings of Fact, Judgment, and Order shall be enforced by contempt proceedings pursuant to the Colorado Rules of Civil Procedure.

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