HomeMy WebLinkAbout20110610 RESOLUTION
RE: ACTION OF THE BOARD CONCERNING BCV #1100006 AGAINST JOSE
HERNANDEZ 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, Jose Hernandez, BCV #1100006, is 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 8th day of March, 2011, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Jose Hernandez, property owner, was present at said hearing, and
WHEREAS, the Board of County Commissioners deems it advisable to refer said
violation to the Weld County Attorney's Office for legal action, with an instruction for delay of
action upon such referral until April 8, 2011, to allow adequate time for the property owner to
obtain the documentation needed for the water and septic systems from the Health Department
and submit them to the Department of Planning Services at which time the permit will be
processed.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that BCV #1100006 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against Jose Hernandez 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, with an
instruction for delay of action upon such referral until April 8, 2011, to allow adequate time for
the property owner to obtain the documentation needed for the water and septic systems from
the Health Department and submit them to the Department of Planning Services at which time
the permit will be processed.
•
RL , V o1.
3- C - 1 2011-0610
PL0824
VIOLATIONS - BCV#1100006 - HERNANDEZ
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of March, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: 0,
r �N �.ara Kirkmeyer, Chair
Weld County Clerk to the Bo 861 fiy• -�
�� ('f��� USED
�ab P. .nw-y, Pro-Tem
BY: ® ��
Deputy Clerk to the Board % N
Willi: F. Garcia
O A O : G&,
David E. Long, Acting Chair ro-Tem
ttorney c��acl Z. a in
Douglas jdemach r
Date of signature: agi
2011-0610
PL0824
•
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Planning Department
BUILDING VIOLATION CASE SUMMARY
Violation Number: BCV11-00006 Compliance Officer: Peggy Gregory
PRIMARY OWNER: Situs Address: 8391 CR 41
HERNANDEZ JOSE L
Mailing Address: 8391 COUNTY RD 41
FORT LUPTON, CO 80621
Phone: 303-332-6378
PARCEL:
130720000012-R0582501 Acreage: 11.84
Legal Description: PT SE4 20-2-65 LOT B REC EXEMPT RE-2899 (.57R)
LOCATION:
Location
West of and adjacent to County Road 41, 1/2 mile South of County Road 20.
North
Agricultural properties
South
Agricultural properties
East
Agricultural properties
West
Agricultural properties
NOTIFICATION INFORMATION:
Certified Date 01/31/2011
Certified Reference Number 7008 3230 0000 0473 3462
Posted Date 02/16/2011
VIOLATION DESCRIPTION:
Utilization period expired on BCR09-00942
VIOLATION REMEDY:
Remedy 1
A permit application and all applicable documentation shall be submitted for the garage addition to include the
covered front patio and entrance facade plus the half bath, fees paid, the permit issued, and all inspections
completed.
RECOMMENDATION:
Staff recommends this case be referred to the County Attorney but delay action for 30 days
as Mr. Hernandez is attempting to obtain the required information.
Report ID: CODE00027v003 Page 1 of 2
Print Date-Time: 3/2/2011 11:17:53AM
>
Planning Department
BUILDING VIOLATION CASE SUMMARY
WORKFLOW SUMMARY:
Case Initiation 01/14/2011 Initiated
Violation 01/14/2011 Violation Notice Letter
Violation 01/31/2011 Hearing Notification
OTHER CASE HISTORY:
02/18/2011 Office Visit Jose Hernandez was in the office today to submit a new permit application
for the detached garage. He is installing a bathroom so he will need to
submit the septic and water information.
Report ID: CODE00027v003 Page 1 of 2
Print Date-Time: 3/2/2011 11:17:53AM
b DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
1555 North 17th Avenue
Greeley,Colorado 80631
WEBSITE: www.co.weld.co.us
VIE-MAIL:
FAX PHONE:970 30436498 00 x3568
1 .us
COLORADO
•
January 31, 2011
Hernandez Jose L
8391 County Rd 41
Fort Lupton, Co 80621
Building Violation Case: BCV11-00006
Legal Description: PT SE4 20-2-65 LOT B REC EXEMPT RE-2899(.57R)MOBILE/MODULAR TITLE:
MSO SERIAL:JAFBMEFJN1762B YEAR: 2001 MAKE: MAGNOLIA SIZE: 14X56
Situs Address: 8391 Cr 41
Dear Hernandez Jose L:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on
03/08/2011 at 10:00 AM .
The above mentioned property remains in violation of the following Section(s)of the Weld County Code:
29-3-10 "Building permit required."
No building or structure regulated by this Building Code shall be erected, constructed,
enlarged,altered, repaired, moved, improved, removed,converted or demolished unless a
separate building permit for each building or structure has been first obtained from the
Building Inspection Department. (Before any demolition permits are issued,approval must
be given by the Department of Public Health and Environment.)
To bring your property into compliance with the Weld County Code:
A permit application and all applicable documentation shall be submitted for the garage
addition to include the covered front patio and entrance facade plus the half bath, fees paid,
the permit issued, and all inspections completed.
This hearing will take place in the County Commissioners Hearing Room, First Floor,Weld County
Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that your or a representative
be in attendance to answer any questions the Board of County Commissioners might have about the
violations.
Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the
business day before or as soon as possible to the above mentioned violation hearing date.
The Weld County Building Department will be recommending that the Board of County Commissioners
authorize the County Attorney to proceed with legal actions to remedy the violation. Our records indicate
that your were made aware of the nature of the violation including the action necessary to correct the
violation,and that you were given sufficient time to remedy this violation. If you have any questions
conceming this matter, please call me.
Page 1 of 2
Report ID: CODE00028v002 Print Date-Time: 1/31/2011 1:04:57PM
DEPARTMENT OF PLANNING SERVICES
l� Building Compliance Division
(7,,Vit Gr
eeley,
North 17th Avenue
Greeley, Colorado 80631
WEBSITE. www.co.weld.co.us
"l
ig E-MAIL: Pgregory@co.weld.co.us
F 970-353-6100 x3568
FAX. 97 970-304-6498
C0L0RADCO
I3#SG'Past'ait'S7e�r�{.vIr�/c�eTM
Si rely,. tCEFMFIE J MAIL. RECEIPT
ru (y'omestic•Afiuw0nIypNts/hsarancadavernePmvided)
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!Oi 000 m
m
Peggy Gregory r- Postage $
Building Compliance Officer O
Certified Fee
File: BCV11-00006 O
Pe
O Return Receipt Fee Here ark
(Endorsement Required)
O n3orsm t Required)e
( -
Restricted tea Delivery
liveryFee
O
M Total Postage&Fees
RJ
m
Sent To
CI Jose Hernandez
O Street.Am.No.;
0 or PC Box No. 8391 CR 41
f- Jitg State.ZIPW
Fort Lupton CO 80621
tWdrii;imil.Augoan2tiaBP^+; r „ 13oen3cniersmlorinst uetlonS,
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signature
O Agent
item 4 if Restricted Delivery is desired. , O Addressee
• Print your name and address on the reverse X v.C'
so that we can return the card to you. ,Received by(P'nted Name) f _I17 sot O livery
■ Attach this card to the back of the mailpiece, /�Ths� �a jc ki r a Iii 11
or on the front if space permits. ./ h `
D. Is delivery address different from item 1.741 Ye
1. Article Addressed to: RECEIVED delivery address below: O No
JOSE L HERNANDEZ
8391 CR 41 FEB 1 6 2011
FORT LUPTON CO 80621
Weld County rior ualgJ evict rout
GREELEY OF FjlUtified Mail O Express Mail
❑ Registered O Return Receipt for Merchandise
O Insured Mail O C,O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7008 3230 0000 0473 3462
(Transfer from service Is
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
Page 2 of 2
Report ID: CODE00028v002 Print Date-Time. 1/31/2011 1:04:57PM
040.7.7r DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
1555 North 17th Avenue
Gre
eley,Colorado 80631
WEBSITE: www.co.weld.co.us
C. FAX: 970-304-6 98 970-353-6100x3568 us
COLORADO
January 14,2011
Hemandez Jose L
8391 County Rd 41
Fort Lupton,Co 80621
Building Violation Case: BCV11-00006
Expired Building Permit: BCR09-00942
Legal Description:
Situs Address: 8391 CR 41
Dear Hernandez Jose L:
Your building permit on the above noted property has expired and is currently in violation of the following
Section of the Weld County Code:
29-3-10 "Building permit required."
No building or structure regulated by this Building Code shall be erected,constructed,
enlarged, altered, repaired, moved, improved, removed,converted or demolished unless a
separate building permit for each building or structure has been first obtained from the
Building Inspection Department. (Before any demolition permits are issued,approval must
be given by the Department of Public Health and Environment.)
To bring your property into compliance with the Weld County Code:
A permit application and all applicable documentation shall be submitted for the garage
addition to include the covered front patio and entrance facade plus the half bath,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 hardships;
however,we have no discretion in this matter if you fail to correct this violation.You have until
01/28/2011
to correct this building violation. Failure to do so will result in this office scheduling the violation
before the Board of County Commissioners to consider whether to refer the violation 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.
Page 1 of 2
Report ID: CODE00015v003 Print Date-Time: 1/14/2011 11:41:39AM
DEPARTMENT OF PLANNING SERVICES
(ele, idisit's,Ns.\ Building Compliance Division
1555 North 17th Avenue
Gre
eley,Colorado 80631
WIlD
WEBSITE: www.co.weld.co.us
E-MAIL: P9regory@co.weld.co.us
PHONE: 9707353-6100 x3568
FAX: 970-304-6498
COLORADO cSin r
t Agal
Peggy Gregory
Building Compliance Officer
File: BCV11-00006
BCR09-00942
Page 2 of 2
Report ID: CODE00015v003 Print Date-Time: 1/14/2011 11:41:39AM
0
&*____
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
1555 N 17th AVE, Greeley, CO 80631
ip
Ce Website: www.co.weld.co.us
E-mail Phone:s(970r) 353-6100,@ Ext..co.us. 3568
Fax: (970)304-6498
COLORADO
December 14, 2010
JOSE L HERNANDEZ
8391 CR 41
FORT LUPTON CO 80621
Subject Permit#BCR09-00942, Part of the of Section , TN, RW of the 61h P.M.,
Weld County Colorado
Dear Mr. Hernandez:
This letter is to remind you that a permit for an attached garage addition at 8391 County Road 41 was issued
on January 11, 2010. According to our records,this permit will expire on January 11,2011, and the required
inspections have not been completed.
The Weld County Code states:
Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation
and become void after the given utilization period has elapsed. The utilization period begins on the date of
permit issuance.
If the building or work authorized by a building permit has not received final inspection on or before the permit
expiration date, all work shall cease until a new permit is issued. The permittee shall be eligible to apply for a
new permit upon the payment of permit fees to cover direct Weld County costs. The expiration date shall be
determined by the scope of work to be completed.
An expired permit will result in a violation being issued and will remain open until all inspections are completed
on a new permit 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.
emay,
/
Peggy Gregory V
Building Compliance Officer
pc: BCR09-00942
SERVICE,TEAMWORK,INTEGRITY,QUALITY
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0582501 Parcel#: 130720000012
Tax Area: 2214 Bordering County:
Acres: 11.43
Township Ranee Section Quart.Sec. Subdivison Name Block# Lot#
02 -65-20-0 --
Owners Name&Address: Property Address:
HERNANDEZ JOSE L Street: 8391 41 CR
8391 COUNTY RD 41 City:WELD
FORT LUPTON, CO 80621
Additional Owners:
BELTRAN YASMIN L
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
12/11/2009 $195,000 WD 3664817
Legal Description
PT SE4 20-2-65 LOT B REC EXEMPT RE-2899 (.57R) MOBILE/MODULAR TITLE: MSO SERIAL: IAFBMEFJN17628 YEAR: 2001
MAKE: MAGNOLIA SIZE: 14X56
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Acres 11.43
Land Subtotal: 11.43 $68,580 $5,460
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
Improvements Subtotal: $177,993 $14,170
Total Property Value $246,573 $19,630
Building Details
Account#: R0582501 Parcel#: 130720000012
Owners Name&Address: Property Address:
HERNANDEZ JOSE L Street: 8391 41 CR
8391 COUNTY RD 41 City:WELD
FORT LUPTON, CO 80621
Building* Property Type
1 Residential
http://maps2.men•ick.com/Website/Weld/setSq l.asp?cmd=QUERY&DET=PP&pin=130720... 3/2/2011
Identify Results Page 2 of 2
Individual Built As Detail
Built As: Modular Year Built: 2001
Exterior: Frame Stucco HVAC: Forced Air
Interior Finish: Drywall Built As SQ Ft: 1540
#of Baths: 2 Roof Type:
#of Bdrms: 3 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: 1472 Detached SQ Ft: 0
Basement:
Total SQ Ft: 1540 Finished SQ Ft: 1540
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=130720... 3/2/2011
WHEN RECORDED RETURN TO: DF: S 19.50
8391 Coun7'Road 41,
Pon Lupton,CO &0621
GENERAL WARRANTY DEED
THIS GENERAL WARRANTY DEED is made on December II,2009 between Hugh A.Barnes and Serena J.
Barnes("Grantor"),of the County of WELD and State of COLORADO,and Jose L.Hernandez and Yasmin L.
Beltran("Grantee"),as JOINT TENANTS,whose legal address is 8391 County Road 41,Fort Lupton,CO 80621
WITNESS, that the Grantor, for and in consideration of ONE HUNDRED NINETY-FIVE THOUSAND AND
00/100 DOLLARS ($195,000.00), 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 confirm unto the Grantee
and the successors and assigns of the Grantee forever, all of the real property, together with the fixtures and
improvements located thereon,if any,situate,lying and being in the County of WELD and State of COLORADO,
described as follows:
Lot B ofRecorded Exemption No. [307-20-4-RE-2899,recordedMarch 13,2001 as Reception No.2831919,being
a part of the SE'''A of Section 20,Township 2 North,Range 65 West of the 6i°P.M.,County of Weld,State of
Colorado.
Also Known As: 8391 County Road 41,Fort Lupton,CO 80621
• TOGETHER WITH, all and singular the hereditaments and appurtenances thereunto 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 in equity,of,in and 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,and the successors and assigns of the Grantee forever.The Grantor,for the Grantor and the successors and
assigns of the Grantor, does covenant, grant, bargain and agree to and with the Grantee and the successors and
assigns of the Grantee,that at the time of the ensealing and delivery of these presents,the Grantor is well-seized of
the premises above conveyed,has a 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 aforesaid and that 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 soever,except: taxes and assessments for the
current year and subseouent years AND those specific Exceptions described by reference to recorded documents as
reflected in the Title Documents accepted by the Buyer in accordance with Section 8.1 ("Title Review") of the
contract between the parties hereto for the sale and purchase of the herein-described property.
The Grantor shall and will WARRANT and FOREVER DEFEND the above bargained premises in the quiet and
peaceable possession of the Grantee and the successors and assigns of the Grantee,against all and every person or
persons lawfully claiming the whole or any part thereof.
EXECUTED AND DELIVERED on the date set forth above.
/// Alc44a
Hl(bfh A.Barnes -' Serena J.Barnes /
STATE OF: ARKANSAS i
COUNTY OF: t)h;tie,
The foregoing instrument was acknowledged before me on December 1Q 2009 by Hugh A.Barnes ami,SGtrfCJ!
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The foregoing instrument was acknowledge before
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Witness my hand and official seal:(72/- 7i /2,52
/Notary
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