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Home My WebLink About20111133 RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV#1100035 AGAINST HOAI PHAM AND CHRISTINA TAI FOR VIOLATION OF THE WELD COUNTY CODE 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, Hoai Pham and Christina Tai, BCV #1100035, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 10th day of May, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, at the request of Planning staff, the Board deems it advisable to refer the matter back to the Department of Planning Services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV#1100035 be, and hereby is, referred back to the Department of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of May, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: <,) EXCUSED r N v Barbara Kirkmeyer, Chair Weld County Clerk to th:,:®: �:I_icetap —.ti_ RPSean P. w , Pro-Tem BY Deputy Clerk to the Boar.' liy Garcia APP D RM: ` c: n Q avid E. Lon_g- fiAtty �(cj_ ( 3 1LC-- Douglas Rademache Date of signature: Q'. PH JIol 2011-1133 P - 13 - I PL0824 WI`Pe > Planning Department BUILDING VIOLATION CASE SUMMARY Violation Number: BCV11-00035 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 898 CR 10.5 PHAM HOAI 25% INT Mailing Address: 898 COUNTY ROAD 10 1/2 ERIE, CO 80516 Phone: 720-934-0862 PARCEL: 146707400001-R3469605 Acreage: 3.00 Legal Description: PT SE4 7-1-68 LOT A AMD REC EXEMPT AMRE-3814 (.21 R) LOCATION: Location: South of and adjacent to County Road 10.5,West of County Road 3. North: Town of Erie South: Agricultural properties East: Agricultural properties West: Agricultural properties/Town of Erie NOTIFICATION INFORMATION: Certified Date 04/08/2011 Certified Reference Number 7010 1870 0000 4773 0506 Received: VIOLATION DESCRIPTION: Building permit for single family dwelling expired, all inspections not completed. VIOLATION REMEDY: A permit application and all applicable documentation shall be submitted for the single family dwelling, fees paid, the permit issued, and all inspections completed. RECOMMENDATION: Staff recommends this case be referred to the County Attorney for immediate action. WORKFLOW SUMMARY: Case Initiation 03/22/2011 Initiated Violation 03/22/2011 Violation Notice Letter Violation 04/08/2011 Hearing Notification Report ID: CODE00027v003 Page 1 of 2 Print Date-Time:4/27/2011 11:13:41 AM ofb; IIIIIDe Planning Department BUILDING VIOLATION CASE SUMMARY OTHER CASE HISTORY: Phone call 02/25/2011 Phone call from Hoai Pham stating he and his wife are getting a divorce and someone else is working on the house. I told him the permit is current so work can continue at this time. Phone call 0/27/2011 Phone call to Hoai Pham requesting status. He said theya re still going through the divorce and he is not living there and has done no further work to the house. Phone call 04/27/2011 Phone call to Christina Tai. She stated no one is living at the house and work has not continued. She said her mom (Khan Tai) is funding the project. She plans to continue work after the divorce is final and will get a new permit at that time. She will send me an e-mail confirming that. Report ID: CODE00027v003 Page 1 of 2 Print Date-Time:4/27/2011 11:13:41 AM DEPARTM"IT OF PLANNING SERVICES BUILuING COMPLIANCE DIVISION 18 6 I - 2 CHI 1555 N. 17TH AVENUE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us E-MAIL ADDRESS: pgregory@co.weld.co.us 970-353-6100 EXT 3568 FAX 970-304-6498 WELD____-COUNTY April 8, 2011 HOAI PHAM, CHRISTINA TAI, KHAN TAI 898 CR 10.5 ERIE CO 80516 Subject: BCV11-00035.. Part of the SE4 of Section 7, T1N, R68W, of the 6'" P.M., Weld County, Colorado Dear Mr. Pham, Ms. Tai, and Mr. Tai: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on May 10, 2011, at 10:00 a.m., to consider the violations. The property is in violation of the following Sections of the Weld County Code: Section 29-3-10 "Building permit required." Section 29-8-40"Expiration of permit." To bring your property into compliance: A permit application and all applicable documentation shall be submitted to complete inspections on the single family dwelling, fees paid, the permit issued, and all inspections completed. This meeting will take place in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center. 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation, the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. Sincerely, Peggy Gregory Building Compliance Officer pc: BCV11-00035 ul For deulvery`Information visit our website at www.usps.como m _ .. .. r- r`- Postage f 1 8 6 - 2011I DEPARTMENT OF PLANNING SERVICES BUILDING COMPLIANCE DIVISION 1555 N. 17TH AVENUE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us W E L D___C O U N T Y E-MAIL ADDRESS: pgregory@co.weld.co.us 970-353-6100 EXT 3568 FAX 970-304-6498 WELD COUNTY BUILDING CODE VIOLATION NOTICE March 22, 2011 HOAI PHAM, CHRISTINA TAI, KHAN TAI 898 CR 10.5 ERIE CO 80516 Subject BCV11-00035, Part of the SE4 of Section 7, Ti N, R68W of the 6th P.M., Weld County, Colorado Dear Property Owners: Permit number BCR09-00637 has now expired and the property located at 898 County road 10.5 is currently in violation of the following Section of the Weld County Code: Section 29-3-10 "Building permit required." Section 29.8.40 "Expiration of permit." To bring the property into compliance, a permit application and all applicable documentation shall be submitted to complete inspections on the single family dwelling, fees paid, the permit issued, and all inspections completed. It is the intention of this office to assist and cooperate with you without imposing undue hardship; however, we have no discretion in this matter if you do not correct this violation by April 5, 2011. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the case to the County Attorney's Office for legal action. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. S' Peggy Gregory Building Compliance Officer pc: BCV11-00035 BCR09-00637 1861 - 2011 DEPARTMENT OF PLANNING SERVICES BUILDING COMPLIANCE DIVISION 1555 N. 17TH AVENUE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us W E L DEC O N T Y E-MAIL ADDRESS: pgregory@co.weld.co.us 970-353-6100 EXT 3568 FAX 970-304-6498 February 23, 2011 HOAI PHAM and CHRISTINA TAI 644 MATHEWS CIR ERIE CO 80516 Subject: Permit#BCR09-00637— Part of the SE4 of Section 7, Ti N, R68W of the 61h P.M., Weld County, Colorado Dear Mr. Pham and Ms. Tai: On August 11, 2010, you were granted an extension on the above noted permit to complete inspections on a single family dwelling at 898 County Road 10.5. According to our records, that extension is due to expire on March 22, 2011, and there are inspections remaining to be completed. Failure to complete the inspections by the expiration date will result in expiration of the permit, a violation notice, and is subject to go before the Board of County Commissioners with written notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely,C)IPeggy Building Compliance pc: BDR09-00637 46t'1 DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION DIVISION 1555 N 17 AVENUE, GREELEY, CO 80631 COLORADO (970) 353-6100 X3540 EXTENSION REQUEST FORM DATE 1 ii io PERMIT NUMBER ea/a09-0063 7 APPLICANT INFORMATION: NAME /lo,/s P/-//lw PHONE WO - 934 ADDRESS 644 MATWad S G/,� / �/(' , cc ,g;f9r7/tS PROPERTY OWNER YOH/ Pe-09/1-d SITE ADDRESS (3q<0 C/2 /O• 672/5 / CO A0,57 6 ORIGINAL EXPIRATION DATE 9..a3. /0 REASON FOR EXTENSION /00 inbte/'1 u/org Covnp.frie SIGNATURE ✓ DATE (gz- //- £d/Q RELATIONSHIP TO PROPERTY OWNER NEW EXPIRATION DATE 3.-201 . 1/ FOR OFFICE USE 0 Y: �j APPROVED BY -�, .�. ¢/ DATE f l/-/O FEE: $42.00 PAYO' ,,,,� -4470 x CASH 4,1€2 d o CK # CREDIT CARD # ?PARTMENT OF PLANNING SERVICES lit rBUILDING INSPECTION DIVISION 'a �..re 918 10th Street 0"9? Greeley, CO 80631 Website:(970) 53-610 Ext. www.co.weld.co.us Phone: 353-6100 eId3540 Fax: (970) 304-6498 COLORADO September 23, 2009 Permit#: BCR09-00637 • Applies Date: 08/28/2009 Status: Issued Job ACCT;ess: 298 CR 10.5 Status Date: 09/23/2009 Expiration Date: 12/22/2009 File Location: North Job De:.c' r on: REPEF.i.11: ,XPti',CD PERMIT BCS-050542 -TO COMPLETE 6245 SF TWO STORY SINGLE FAMILY DWELLING ON 5540 SF CRAVJLSPACE - NO GARAGE AT THIS TIME -WILL ADD 1 BEDROOM AND LOFT- FEES PER PEGGY- Parcel Number: 146707400001-R3469605 Zone District: Agricultural Valuation: Occupancy Class: R-3 Residential, one- and two-family Owner Name: PHAM HOAI Owner Address: 644 MATHEWS CIR ERIE, CO 80516 Contacts: Full N_im.; Business Type Address C ST ZZ Phone PHAM HOA Applicant 644 MATHEWS CIR ERIE CO 80516 720-934-4201 General Contractor CO Mechanical Contractor CO Electrical Contractor CO Plumbing Contractor CO Setbacks: East NA West NA North NA Descriati r North SETBACKS APPROVED 1/6/06 South NA Fee Summary: Fee# Fee Description Account# Fee 31607 Building Permit Fee Override(Enter$) 1000-25100-4222-200 $2,450.00 $2.450.00 Payment Summary: Receipt# Payment Method Payment Ref# Payment Date Payment Amount 53612 Check 1133 0923/2009 $2,450.00 $2,450.00 Outstanding Balance: Invoice# Balance Due 44956 $ 0.00 ort If: ELDG00007v0C2 Page 1 of 2 Date -1 ne: 9'23/2009 4:02:34PM eRecor��County, CO Doc Id: 3713097 08/20/2010 02:35 P Page: 1 of 1 Total Fee: $11.00 Steve Moreno, Clerk and Recorder SPECIAL WARRANTY DEED 3' THIS DEED,Made this'day of June,2010 between Mai Phum and Christina Tal • of the County of Weld end State of COLORADO,gantor(s),and Hoof Plmm as to an undivided 25%interest and Christina Tai as to an undivided 25%inteiestandEhan Tat as to an undivided 50%interest,all as tenants in common whose legal address is 898 Weld County Road 10 1/2,Erie,Colorado 80516 of the County of Weld,State of Colorado,grantee(s): WPPNESS,That the grantor(s),flee and m consideration of the sum of TEN AND 00/100 DOLLARS($10.00,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and corrfmr,unto the grantee®,his heirs and assigns forever, all the seal property together with improvements,if any,situate,lying and being In the County of Weld,State of COLORADO,described es follows: Lot A,recorded Exemption No. 1467.074 AMRE-3814,recorded tannery 19, 2005 at Reception No.3254270, County of Weld,State of Colorado. also Imown by street and number as: 898 Weld County Road 10%Erie,Colorado 80516 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions,remainder and remainders,rents,'moues and profits thereof,and all the estate,right,title,interest,claim and dent whatsoever of the gantor(s),either in law or equity,of,in and to the above • bargained premises,with the heredltaments and appurtenances. TO HAVE AND TO HOLD the said promises above bargained and described,with the appurtenances,onto the grentee(s),his heirs,and assigns forever. The grantor(s),for hmrselt his heirs and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the gmtee(a),his hehs and assigns,against all and ever/prsson or persons claiming the whole or any part thereof,by,through or under the grantor®. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all raiders. IN WITNESS WHEREOF,the grantors)has executed this deed on the date set forth above. • Heal • Christina Tai STATE OF W • COUNTY OF AL rYX�-- }S( The foregoing instrument was acknowledged before tun this t$`day of Suns, 2010 0µ rb/y Komi Phem and Christina Tai PLI Notary Public • Wltaas my hand and offrcial I. q My Commission expires: 3 9.12ot , . • • • i { • tit F COt-OQpoi my Commission Expires 3(l3120 re?? sit; LT; in`l-e—ntatil Fee SPECIAL WARRANTY DEED Ua National City Bank, ("Grantor"), for and in consideration of the sum of One Hundred Sixty-Five Thousand Five Hundred and 00/100 ($165,500.00), and other good and valuable consideration in paud pacipi to Graptor herein by Hoai Pbam and Christina Tat:as Joint Tenants,having an address of (644 kk1ln H1111,T.-- U f tflL, S ("Grantee (a)") receipt of which is hereby acknowledged and confessed; has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT,SELL AND CONVEY unto Grantee(s) all of the following real property ("Property"), described as • follows: Lot A,Recorded Exemption No.1467-07.4 AMRE-3814,recorded January 19,2005 at Reception No.3254270,County of Weld,State of Colorado. which has a sweet address of:898 Weld County Road 101/2,Erie,Colorado 80516. THIS CONVEYANCE IS MADE BY THE GRANTOR SUBJECT TO THE FOLLOWING EXCEPTIONS: (a) Discrepancies, conflict in boundary lines shortage in area and encroachments which would be disclosed through a correct and proper survey or physical inspection of the Property. (b) Any and all covenants,conditions,easements,reservations,rights of way and restrictions affecting the Property as evidenced by instruments filed in the public records of the county wherein the Property is located. (� (c) Any water rights,claims or title to water,in,on or under the land,or ditches or ditch rights,water 'V share,water stock,whether shown by public record or otherwise. (d) Any interest in oil, coal and other minerals or mineral rights, whether express or implied, associated with,or incidental to the ownership of the Property,or the exercise of tights under any eti oil, gas, coal or mineral reservation, grant or lease and all rights, privileges and easements with respect thereto,or assignments thereof,or interest therein,and; (e) Real Property Taxes,general assessments and special assessments on the Property being conveyed hereby,becoming due and payable after the date of this Deed. GRP_NTEE(S) by acceptance of the Deed acknowledge(s) that Grantor acquired title to the Property through foreclosure, deed in lieu of foreclosure of other means of enforcement of a lien in favor of the Grantor and or assigns. Grantor while in title,has not been in actual physical possession of the Property, and therefore,the Property is being sold to Grantee(s),and Grantee(s),by acceptance of this Deed accepts the Property "AS IS", "WHERE IS", without any recourse to Grantor, and with no representations or warranties of any kind or nature being made by Grantor as to the condition, fitness or status of the Property,except as to the special warranties of title as specifically set forth herein. Hello