HomeMy WebLinkAbout20111652.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING BCV #1000078 AGAINST JOHN AND
HELEN HILLIGOSS AND DANIEL REYES 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, John and Helen Hilligoss and Daniel Reyes, BCV #1000078, 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, Daniel Reyes, tenant, 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 August 12, 2011, in order to allow adequate time for the permit
applications to be processed by staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that BCV #1000078 be, and hereby is, referred to the Weld County
Attorney's Office for legal action against John and Helen Hilligoss and Daniel Reyes 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 August 12, 2011,
in order to allow adequate time for the permit applications to be processed by staff.
Le . PL , vi c, 2011-1652
1- asl_ I I PL0824
VIOLATIONS - BCV#1000078 -JOHN AND HELEN HILLIGOSS AND DANIEL REYES
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 OUNTY RADO
ATTEST: 4.5
Ba ara Kirkmeye , Chair
Weld County Clerk to th '_eats .
%3' EXCUSED
Sean P. Conway, Pro-Tem
BY: �i�\►;:. .
Deputy Clerk to the
vv 5.-n
as
APPRO D AS TO FORM: cv o`er
/ vid E. Long ?
ounty Attorney
uglademacher
Date of signature: /PS/40/
2011-1652
PL0824
Ace4;'
COLORADO
Planning Department
BUILDING VIOLATION CASE SUMMARY
Violation Number: BCV10-00078 Compliance Officer: Peggy Gregory
PRIMARY OWNER: Situs Address: 19033 CR 84
JOHN P & HELEN HILLIGOSS
Mailing Address: 19033 CR 84
AULT, CO 80610
Phone: 970-324-5631
PARCEL:
070905000033-R0021592 Acreage: 4.89
Legal Description: PT SW4 5-7-65 LOT B REC EXEMPT RE-1371 (.68R) 19033 84 CR WELD
LOCATION:
Location
Northeast corner of County Roads 39 and 84.
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 6683
Posted Date
VIOLATION DESCRIPTION:
Electrical work and interior changes in building without permits
VIOLATION REMEDY:
Permit applications and all applicable documentation shall be submitted for the electrical installation and interior
changes in building #1 and the interior changes in building #2.
RECOMMENDATION:
STAFF RECOMMENDS THIS CASE BE REFERRED TO THE COUNTY ATTORNEY FOR IMMEDIATE ACTION
AS THEY HAVE BEEN AWARE PERMITS WERE REQUIRED.
WORKFLOW SUMMARY:
Case Initiation 06/25/2010 Initiated
Violation 06/25/2010 Pending
Violation 06/17/2011 Hearing Notification
2011-1652
Report ID: CODE00027v003 Page 1 of 2
Print Date-Time: 7/6/2011 3:47:47PM
a\ 1
COLORADO
Planning Department
BUILDING VIOLATION CASE SUMMARY
OTHER CASE HISTORY:
06/25/2010 Phone Call Phone call by Ken Swanson to owner to advise a permit application
needs to be submitted by 06/30/10.
06/30/2010 Office Visit Building permit application submitted for change of use of existing
storage shed.
06/16/2011 Letter Sent Letter from Frank Piacentino outlining building permit requirements
06/22/2011 Phone Call Phone call from Helen Hilligoss, returned call and left message
06/30/2011 Office Visit A representative came to the office and picked up a permit application
but did not submit
INSPECTION SUMMARY:
Building Code Inspection 06/28/2011 Noncompliance Frank Piacentino
Inspection Result Comment SEE LETTER IN FILE, NEED ELECTRICAL AND BUILDING PERMIT
Report ID: CODE00027v003 Page 1 of 2
Print Date -Time: 7/6/2011 3:47:47PM
DEPARTMFNT OF PLANNING SERVICES
BUIL_. ING COMPLIANCE DIVISION
18 6 I - 2 011 1555 N. 17TH AVENUE GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL ADDRESS: pgregory@co.weid.co.us
970-353-6100 EXT 3568
W E L DEC O U N T Y FAX 970-304-6498
June 17, 2011
HELEN HILLIGOSS
19033 CR 84
AULT CO 80610
DANIEL REYES
435 N 35 AV UNIT 466
GREELEY CO 80631
Subject BCV10-00078, Part of the SW4 of Section 5, T7N, R65W, of the 6th P.M.,
Weld County, Colorado
Dear Ms. Hilligoss:
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 29-3-50.8 "Existing use or occupancy."
To bring your property into compliance:
Permit applications and all applicable documentation shall be submitted for the
changes, additions, and alterations (as outlined in the letter of June 16, 2011, from
Frank Piacentino) which have been made to the structures 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.
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.
page two
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,
amsin
Peggy Gregory
Building Compliance Officer
pc: BCV10-00078
ZCV11-00063
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1 8 6 I — 2 011 DEPARTMENT OF PLANNING SERVICES
BUILDING INSPECTION DIVISION
1555 N. 17TH AVENUE
GREELEY, CO 80631
W E L COUNTY 970-353-6100 EXT 3540
FAX 970-304-6498
fDiacentco.weld.co.us
June 16, 2011
Helen Hilligoss
19033 CR 84
Ault, Colorado 80610
BCV10-00078 and ZCV11-00063
Medical Marijuana Grow
Dear Ms.Hilligoss
On June 6, 2011 a site visit was conducted to investigate the facility for
compliance with Weld County Building Code. Buildings #1, #2 and #3 were
looked at.
Requirements to bring structure in to compliances:
Building #1
1. Permit for electrical work completed without permits. 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.
2. Wall covering shall conform to Section 803.1 2006 IBC. General 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.
Building #2
1.Wall covering shall conform to Section 803.1 2006 IBC. General 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.
After issue of permit, Owner shall schedule a site inspection 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 4
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R0021592 Parcel#: 070905000033
Tax Area: 0919 Bordering County:
Acres:4.1
Township Ranee Section Ouart.Sec. Subdivison Name Block# Lot#
07 -65-05 -0 - -
Owners Name&Address: Property Address:
HILLIGOSS HELEN Street: 19033 84 CR
19033 COUNTY ROAD 84 City: WELD
AULT,CO 80610
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
11/19/1991 $80,000 02270743
Lepel Description
PT SW4 5-7-65 LOT B REC EXEMPT RE-1371 (.68R) 19033 84 CR WELD
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Residential 1112 Acres 4.1
Land Subtotal: 4.1 $32,800 $2,610
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
3 Out Building
4 Out Building
5 Out Building
8 Out Building
9 Out Building
Improvements Subtotal: $134,478 $10,700
Total Property Value $167,278 $13,310
Building Details
Account#: R0021592 Parcel#: 070905000033
Owners Name&Address: Property Ad ress:
HILLIGOSS HELEN Street: 19033 84 CR
19033 COUNTY ROAD 84 City: WELD
AULT, CO 80610
Buildlna# Property Type
1 Residential
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07090... 6/25/2010
Identify Results '®1 Page 2 of 4
Individual Built As Detail
Built As: 1 1/2 Story Fin Year Built: 1900
Exterior: Frame Siding HVAC: Forced Air
Interior Finish: Drywall Built As SQ Ft: 1552
#of Baths: 2 Roof Type:
#of Bdrms: 3 Roof Cover: Composition Shingle
#of Stories: 2
Rooms: 5 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R0021592 Parcel#: 070905000033
Owners Name&Address: Property Address:
HILLIGOSS HELEN Street: 19033 84 CR
19033 COUNTY ROAD 84 City:WELD
AULT,CO 80610
Building# Property Type
3 Out Building
Individual Built As Detail
Built As: Barn Year Built: 1910
Exterior: Wood Frame Siding HVAC: None
Interior Finish: Built As SQ Ft: 1200
#of Baths: 0 Roof Type:
#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:
Account#: R0021592 Parcel#: 070905000033
Owners Name&Address: Property Address:
HILLIGOSS HELEN Street: 19033 84 CR
19033 COUNTY ROAD 84 City: WELD
AULT,CO 80610
Building# Property Type
4 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1910
Exterior: Wood Frame Siding HVAC: None
Interior Finish: Built As SQ Ft: 336
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
#of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
http://maps2.merrick.com/Website/W e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=07090... 6/25/2010
Identify Results Page 3 of 4
Total SQ Ft: Finished SQ Ft:
Account#: R0021592 Parcel#: 070905000033
Owners Name&Address: Property Address:
HILLIGOSS HELEN Street: 19033 84 CR
19033 COUNTY ROAD 84 City: WELD
AULT,CO 80610
Building* Property Type
5 Out Building
Individual Built As Detail
Built As: Shed -Utility Year Built: 1910
Exterior: Wood Frame Siding HVAC: None
Interior Finish: Built As SQ Ft: 840
#of Baths: 0 Roof Type:
#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:
Account#: R0021592 Parcel*:070905000033
Owners Name&Address: Property Address:
HILLIGOSS HELEN Street: 19033 84 CR
19033 COUNTY ROAD 84 City: WELD
AULT,CO 80610
Building* Property Type
8 Out Building
Individual Built As Detail
Built As: Shed -Utility Year Built: 1910
Exterior: Wood Frame Siding HVAC: None
Interior Finish: Built As SQ Ft: 224
#of Baths: 0 Roof Type:
It 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:
Account#: R0021592 Parcel#: 070905000033
Owners Name&Address: property Address:
HILLIGOSS HELEN Street: 19033 84 CR
19033 COUNTY ROAD 84 City: WELD
AULT,CO 80610
Building* Property Type
9 Out Building
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07090... 6/25/2010
Identify Results Page 4 of 4
Individual Built As Detail
Built As: Shed -Utility Year Built: 1910
Exterior: Wood Frame Siding HVAC: None
Interior Finish: Built As SQ Ft: 224
#of Baths: 0 Roof Type:
#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/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=07090... 6/25/2010
o�...-... ..
Dag AEC 02270743 12/02/91 14:33 15.00 1/001
ARE27D743 — F 1959 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
WARRANTY DEED
THIS DEED,Made this 19TH day of NOVEMBER, 1991 between
J.ALAN SALBERG and PHYLLIS J. SALBERG . State Documents Fee
of the County of WELD and State of COLORADO, grantor, and n ry
JOHN P. HII.LIGOSS and MIEN HILIJGOSSto—
gate.. iQ'ilkl....
whose legal address is 19033 WELD COUNTY ROAD 84,
AULT, COLORADO 80610
of the County of WELD and State of COLORADO, grantees:
WITNESS, that the grantor, for and in consideration of the sum of EIGHTY THOUSAND AND 00/100ths
DOLLARS, (580,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained,
sold and convoyed, and by these presents does grant, bargain,sell, convey and confirm unto the grantees, their
heirs and assigns forever, not in tenancy in common but in Joint tenancy, all the real property, together with
improvements, if any, situate, lying and being in the County of WELD, and State of Colorado, described as
follows:
(4 LOT B, OF RECORDED EXEMPTION NO. 0709-5-3-RE1371,BEING A PART OF THE
SW 1/4 OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 65 WEST OF TILE 6TH P.M.,
+ AS PER THE MAP RECORDED NOVEMBER 4; 1991 IN BOOK 1315 AT RECEPTION NO.
2268095, COUNTY OF WELD,STATE OF COLORADO.
s.
N. also known by street and number as 19033 WELD COUNTY ROAD 89, AULT, COLORADO 80610
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining and the reversion and reversions, remainder and remainders, mats, issues and profits thereof, and all
,!v the estate, right, title, interest,claim and demand whatsoever of the grantor,either in law or 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 grantees, their heirs and assigns forever. And the grantor, for h4„,olf, his heirs and personal representatives,
does covenant, grant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the
• ensmting-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 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 for taxes for the current year, a lien bet not yet due or
payable,easements, restrictions,reservations, covenants and rights-of-way of record, if any,
The grantor,shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet
and peaceable possession of the grantees, their 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 to above.
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SSALBE
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STATE OF COLORADO ca pF C,..%lf
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COUNTY OF
The foregoing instrument was acknowledged before me this 19TH day of NOVEMBER, 1991 by J. ALAN
SALBERG and PHYLLIS J.SALBERG
My commission expires: ' my and Magi.]seal.
11— �g��3 i offi .
DNotary Public
{JNo..9921A.Ret.3.55 WARRANTY DEED 0o Teens.) nn,/ /��� /� 1� ��y
^� �fbt IIi SS) (_1033 LAW thfI4 8cidL. eCD feto
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