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Home My WebLink About20111654.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1000079 AGAINST DENNIS NEAL AND SAM WALLS 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, Dennis Neal and Sam Walls, BCV #1000079, 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 12th day of July, 2011, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Dennis Neal and Sam Walls were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Dennis Neal and Sam Walls to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. (t . PL , Viol 2011-1654 - 1 - II PL0824 VIOLATIONS - BCV#1000079 - DENNIS NEAL AND SAM WALLS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of July, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD UNTY, COL RADO ATTEST: Ba ara Kirkmeye , Chair Weld County Clerk to the :oa • ' v.. ` 1861 f =ate SEXCUSED ////��oo�� 'II�( ,� 4111;"� ., Sean P. Qd 'ay, Pro-Tern Deputy Clerk to the Boa , F. Garcia APP ED AST ORM: F J David E. Lo Coun Attorney L iftestke- uglaiRadema er Date of signature: 71'5/M/ 2011-1654 PL0824 Wink COLORADO Planning Department BUILDING VIOLATION CASE SUMMARY Violation Number: BCV10-00079 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 18674 CR 3 DENNIS NEAL INC Mailing Address: 18674 CR 3 BERTHOUD, CO 80513 VIOLATION CONTACTS: SAM WALLS 131 South Main Street, Longmont CO 80501 PARCEL: 106132200001-R4903807 Acreage: 5.10 Legal Description: PT NW4 32-4-68 LOT A REC EXEMPT RE-4610 (.26L) LOCATION: Location East of and adjacent to County Road 3, North of County Road 38 North Agricultural properties South Agricultural properties East Agricultural properties West Agricultural properties NOTIFICATION INFORMATION: Certified Date 06/17/2011 Certified Reference Number 7010 1870 0000 4773 8991 Posted Date VIOLATION DESCRIPTION: Change of use of structure without permits VIOLATION REMEDY: A permit application and all applicable documentation shall be submitted for the change of use without a permit for a medical marijuana growing operation, fees paid, the permit issued, and all inspections completed OR the structure shall be returned to the previous use. RECOMMENDATION: Staff recommends this case be referred to the County Attorney for immediate action as no building permits have been submitted since the inspection of 06/10/11. 2011-1654 Report ID: CODE00027v003 Page 1 of 2 Print Date -Time: 7/6/2011 3:41:33PM pestlitr WI`Dk COLORADO Planning Department BUILDING VIOLATION CASE SUMMARY WORKFLOW SUMMARY: Case Initiation 06/25/2010 Initiated Violation 06/25/2010 Pending Violation 06/17/2011 Hearing Notification OTHER CASE HISTORY: Office Visit 06/30/2010 Building permit application submitted for change of use of existing 2400 square foot building Letter Sent 06/16/2011 Letter from Frank Piacentino outlining building requirements Phone Call 07/06/2011 Phone call from Frank Piacentino, left message, no response INSPECTION SUMMARY: Building Code Inspection 06/10/2011 Noncompliance Frank Piacentino Inspection Result Comment Need change of use permit, shall include heating, air conditioning, electrical, structural, bathroom, and wall coverings Report ID: CODE00027v003 Page 1 of 2 Print Date -Time: 7/6/2011 3:41:33PM DEPARTMENT OF PLANNING SERVICES BUI. ING COMPLIANCE DIVISION 18 6 I - 2 0 II 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 June 17, 2011 DENNIS NEAL 3080 S BUTTERCUP CIRCLE FREDERICK CO 80516 SAM WALLS 634 BLUE MOUNTAIN RD LYONS CO 80540 Subject: BCV10-00079, Part of the NW4 of Section 32, T4N, R68W, of the 6`" P.M., Weld County, Colorado Dear Mr. Neal: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on July 12, 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 29-3-40.B "Additions, alterations, or repairs." Section 29-3-50.B "Existing use or occupancy." To bring your property into compliance: A permit application and all applicable documentation, as outlined in the letter of June 16, 2011, from Frank Piacentino, shall be submitted for the changes, additions, alterations, or repairs which have been made to the structure being used for the medical marijuana grow facility, fees paid, the permit issued, and all inspections completed. OR Remove all changes, additions, alterations, or repairs and schedule an inspection to verify the structure is no longer a medical marijuana grow facility. To schedule an inspection with Frank Piacentino from the Building Inspection Department, call 970-353- 6100 Ext. 3531 or with Bethany Salzman, Zoning Compliance Officer, call 970-353-6100 Ext. 3555. page two 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. Peggy Gregory " v Building Compliance Officer pc: BCV10-00079 ZCV11-00064 fig + '.t: j -k1.yti.�r X rF:r '>. yy -L a u e -^9 .... I',"' 1 mart .£- t f - i fr— . 2YJ":r'I. a,, r[ tw " �'le LSaw R}. Icy } 4: LL I i - Aim xs trr. Q. .1... eft? {s"1Su` InNvltis-Ps'' !mD t Weryp .•rm�tlon'v181tmtinNk?lteFeK4�!�a! ^.. x.c= a 00 . N N N Postago $ f Postage $ 2- 2- Cortilietl Fee Certllled Fee O Postrnere Postmark 0 Return Receipt Fee Here O Return s e Fee Here 0 1=edcrsemanl Required) 0 _=Jorse-^tent Required) 0 0 Rstrrcted Delivery Fee 5estricted Delivery Fee Endorsement Required) O (Entloreemenl Required) O N co lotol Postage&Fees $ $co Total Postage&Fees $ rq ra _ Sent Io 4' I 0 sanr Io 0 al II . (A-Yin.3 1 '� I Street APL No: �._ t rR Hreot Apt.Na.; y p (� i O tor POBox No. t` N � �` Hy PO Box No. {' VrG1r- �� (��l-�,� y" f� ] -1rLiC-1__lY.lLLLL1�1.�` f� r:lrf'.Stele.ZIP+. `44..J1Alll--mil 1 e, Lc.V+-' �Cng stare.ZIP,“: C,.� IlvE9rm D,ogu¢t2t ,da' `, tr 9103440.74_3W. {4 a - - - 1 8 6 - 2011I DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION DIVISION 1555 N. 17TH AVENUE GREELEY, CO 80631 WELD.___COUNTY 970-353-6100 EXT 3540 FAX 970-304-6498 fpiacentaco.weld.co.us June 16, 2011 Dennis Neal 18674 CR 3 Berthoud Colorado 80513 Sam Walls 634 Blue Mountain Road Lyons Colorado 80540 BCV10-00079 and ZC11-00064 Medical Marijuana Grow and Production Facility Dear Mr. Neal On June 13, 2011 a site visit was conducted to investigate the facility for compliance with Weld County Building Code. The structure was built as an Ag Exempt building, no permit were obtain at the time, other work has commence since that time without proper building permits. Requirements to bring structure in to compliances: A change of use permits from U occupancy to F-1 occupancy. Owner must submit a complete Commercial Building application with the flowing documents. 1. Engineeered stamped plans or letter stating structure meets the integrity for Weld County Design Criteria. 2. A scaled floor plan showing all dimensions and labeling of areas used 3. Energy Code ComCheck for building envelop. 4. Permit shall include electrical, mechanical and plumbing. A master electrician with a Colorado Contractor license shall review the electrical work that has been completed without permit and make recommendation to bring the wiring to code or state in a letter work has been done meets the 2008 National Electrical Code. 5. Wall covering shall conform to Section 803.1 General, for a F-1 occupancy, Interior wall and ceiling finishes shall be classified in accordance with ASTM E 84. Such interior finish materials shall be grouped in the following classes in accordance with their flame spread and smoke-developed indexes. Class C: Flame spread 76-200; smoke-developed 0-450. 6. An approval from the Weld County Health Department for septic system. After issue of permit, O ,r shall schedule a site inspiion by the Inspector of record to view the building and make recommendation to bring the structure into compliance. If you have any question please write or call. Frank Piacentino Interim Building Official Weld County Building Inspection Department 970-353-6100- Ext.3531 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4903807 Parcel#: 106132200001 Tax Area: 2385 Bordering County: Acres:4.515 Township Range Section Quart. Sec. Subdivison Name Block:* Lot# 04- 68-32-2 -- Owners Name&Address: Property Address: BIEMILLER TIMOTHY J& Street:WELD 18680 CR 3 City: WELD BERTHOUD,CO 80513 Additional Owners: BIEMILLER JUNE M Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 1/4/2008 $250,000 WD 3529369 Legal Description PT NW4 32-4-68 LOT A REC EXEMPT RE-4610 (.26L) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Acres 4.515 Land Subtotal: 4.515 $225,750 $17,970 Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Mobile Home 2 Out Building Improvements Subtotal: $103,055 $8,200 Total Property Value $328,805 $26,170 Building Details Account#: R4903807 Parcel#: 106132200001 Owners Name&Address: Property Address: BIEMILLER TIMOTHY J& Street: WELD 18680 CR 3 City: WELD BERTHOUD,CO 80513 Building# Property Type 1 Mobile Home http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=10613... 6/21/2010 Identify Results Page 2 of 2 Individual Built As Detail Built As: Double Wide Year Built: 2000 Exterior: Hardboard Sheet HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 1200 #of Baths: 2 Roof Type: #of Bdrms: 3 Roof Cover: Shingle Comp #of Stories: 1 Rooms: 6 Units: 0 Garage• Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Mobile Home Details MH Make MH Length MH Width Fleetwood 0 0 Account#: R4903807 Parcel#: 106132200001 Owners Name&Address: Property Address: BIEMILLER TIMOTHY J& Street: WELD 18680 CR 3 City: WELD BERTHOUD,CO 80513 Building# Property Type 2 Out Building Individual Built As Detail Built As: Equipment Building Year Built: 2008 Exterior: HVAC: Space Heater Interior Finish: Built As SQ Ft: 4000 #of Baths: 0 Roof Type: Gable #of Bdrms: 0 Roof Cover: #of Stories: 1 Rooms: 0 Units: 0 Garage• Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd�UERY&DET=PP&pin=10613... 6/21/2010 eRecorded in Weld Ctrky,CO Doe Id:3695495 05/25/2010 04:38 P Page:1 of 1 Total Fee:$22.88 Steve Moreno, Clerk and Recorder WARRANTY DEED Reeeraers Stamp THIS DEED,Made this 6th day of May,2010,between Timothy J.Biemiller and June M.Biemiller of the City of Berthoud County of Weld and State of Colorado,grantor,and, Dennis Neal,Inc. (tat) A`, whose legal address is 3080 G• �T. (t tat) of the County of Weld and State of Colorado,grantee: ae.1/401, WITNESS,that the grantor,for and in consideration of the sum of ONE HUNDRED SIXTY EIGHT THOUSAND EIGHT HUNDRED FORTY NINE,($168,849.00) DOLLARS, 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 confirm,unto the grantees,their heirs and assigns forever,all the real property,together with improvements,if any,situate,lying and being in the City of Berthoud County of Weld and State of Colorado described as follows: Lot A of recorded Exemption No.1061-32.2-RE-4610,as recorded August 2,2007 at Reception No.3494737,being in the Northwest Quarter of Section 32,Township 4 North,Range 68 West of the 6th P.M. County of Weld, State of Colorado. Parcel ID:106132200001 18b7�' also known by street and number ast-18 CI ounty Road 3,Berthoud,CO 80513 TOGETHER with all and singular the her itanents and appurtenances thereto belonging,or in anywise appertaining and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest, claim and demand whatsoever of the Grantor,either in law or equity,of,in end to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the Grantee, his heirs and assigns forever.The Grantor,for himself,his heirs,and personal representatives,does covenant,grant,bargain,and agree to and with the grantee,his heirs and assigns,that at the time of ensealing and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature whatsoever,except for general taxes for the current year,a lien but not yet due or payable,easements,or distribution utility easements,and matters not shown by the public records but which the Grantee has actual knowledge,and the inclusion of the property within any special taxing district,and except for those matters identified in American Title Services Company's most current commitment to insure on Schedule B-2"Exceptions From Coverage"and identified by commitment number BP-20 10030056RSA. The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. Timothy J.Biemiller RJun .Biemiller � Q9 STATE OF COLORADO COUNTY OF WELD j ss. The foregoing instrument was acknowledged before me this 6th day of May,2010 by TimothyJ.Biemiller tt11a—' June M.Biemiller Witness tn my hand and official I My commission expires: 2/a5/)/�1p(6J/I01 /]I L. • et- . /1 i BRENDA L. PETERS 1.7� LNowtery Public trit (�lh� Notary Public ATS State of Colorado BP-201003005eRSA ruse eeca. Hello