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Home My WebLink About20102081.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1000104 AGAINST JOHN WEIGANDT 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 Weigandt, BCV #1000104, 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 14th day of September, 2010, 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#1000104 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 14th day of September, A.D., 2010. BOARD OF COUNTY COMMISSIONERS D COUNTY, COLORADO 'W., IT / ATTEST: . . •. �i , ��,,, /(/ GJ Dougl/s Radema er, Chair Weld County Clerk to :; :. ‘,!;1-9 C,. ' �t EXCUSED 1 ' 7 Barbara Kirkmeyer, Pro-Tem BY: 4 . Deputy Clerk to the Bo EXCUSED Sean P�C way APP E • �1 illia F. Garcia Cm ount ney � �� David E. Long Date of signature: 9/2� ( l PL , Vlu1 2010-2081 PL0824 (.1 - r)ci- l u Planning Department ‘811;‘); BUILDING VIOLATION CASE SUMMARY Inge COLORADO Violation Number: BCV10-00104 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 11533 CR 6 WEIGANDT JOHN WILLIAM Mailing Address: 10390 E 168TH AVE BRIGHTON, CO 80602 Phone: 303-659-3121 SECONDARY OWNER: Mailing Address: Phone: VIOLATION CONTACTS: 720-447-3500 , CO PARCEL: 146924000018-R6058386 Acreage: 161.6 Legal Description: 20035 S2N2 24-1-67 EXC 3.02A OG&M TO GWS CO(1 R) LOCATION: Location . East of and adjacent to County Road 23,South of County Road 8 North . Agricultural properties South . Agricultural properties East Agricultural properties West . Agricultural properties NOTIFICATION INFORMATION: Certified Date : 08/19/2010 Certified Reference Number : 7003 1010 0002 8989 3959 USPS Date Posted Date : 08/30/2010 VIOLATION DESCRIPTION: VIOLATION REMEDY: Remedy 1 : A permit application and all applicable docuemntation shall be submitted to complete inspections on the rafter repairs and roof deck on the existing dwelling resulting from fire damage. Remedy 2 : Report ID: CODE00027v003 Page 1 of 2 Print Date-Time: 9/2/2010 8:44:54AM 2010-2081 ftot rn Planning Department BUILDING VIOLATION CASE SUMMARY W�`De COLORADO Remedy 3 : RECOMMENDATION: Staff recommends this case be referred to the County Attorney for immediate action as this is the second expired permit for this project. WORKFLOW SUMMARY: Case Initiation 08/03/2010 Initiated Violation 08/03/2010 Violation Notice Letter Violation 08/19/2010 Hearing Notification OTHER CASE HISTORY: 08/04/2009 Permit Issued Permit number BCR09-00561 issued 12/28/2009 Letter Letter to remind of 01/31/10 expiration date 02/01/2010 Extension approved 180-day extension approved 06/30/2010 Letter Letter to remind extension will expire on 07/30/10 07/20/2010 Office Visit Tenant was in the office,should have final inspection by 07/30/10 INSPECTION SUMMARY: Report ID: CODE00027v003 Page 2 of 2 Print Date-Time: 9/2/2010 8:44:54AM DEPARTMENT OF PLANNING SERVICES (1)cti ( Building Compliance Division 918 Tenth Street Gr eeley, Colorado 80631 WEBSITE: www.co.weld.co.us l.: E-MAIL: pgregory©co.weld.co.us PHOC FAX: 970 304 6498N100 x3568 COLORADO August 19, 2010 Weigandt John William 10390 E 168Th Ave Brighton, Co 80602 Building Violation Case: BCV10-00104 Legal Description: 20035 S2N2 24-1-67 EXC 3.02A OG&M TO GWS CO (1R) Situs Address: 11533 Cr 6 Dear Weigandt John William: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on 09/14/2010 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.) 29-8-40"Expiration of permit." A. Every permit issued by the Building Official under the provisions of this Building Code shall expire by limitation and become null and void after the given utilization period has elapsed.The utilization period begins on the date of permit issuance. B. Exceptions. When a permit is issued, the Building Official may approve an expiration date exceeding the utilization period.The permittee must demonstrate that the complexity or size of the project makes completion of the project within the utilization period unreasonable. C. 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 one(1) 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. To bring your property into compliance with the Weld County Code: A permit application and all applicable docuemntation shall be submitted to complete inspections on the rafter repairs and roof deck on the existing dwelling resulting from fire damage. Page 1 of 2 Report ID: CODE000028v001 Print Date-Time: 8/19/2010 1:38:15PM DEPARTMENT OF PLANNING SERVICES cteBuilding Compliance Division 918 Tenth Street Gr eeley, Colorado 80631 ' WEBSITE: www.co.weld.co.us III C E-MAIL: pgregory@co.weld.co.us PHONE: 970-353-6100 x3568 FAX: 9703046498 COLORADO 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 nrnceerf with Innal antinnc Cr, romarl,thn,,inlo+inn n,.,-.,,,.,,.a.. :....:....._ that your were made aware c 0a9ttn0-S693O1 ldlao%H wnleu opsawoo t00Z ANeniged '4 458 uuod Sd violation, and that you were l Bowes wo.e va;suwj) concerning this matter, pleas 656E 6969 2000 0'C02 E00L iegwnNelagat S A❑ (Sad egx3)L/uenpa0 PeloPlsad 'q cerely, '0'0'3❑ IIeW peinsul � eslpueyweW 1o;;d!eaeH wnlaH ❑ peielslfiay 0 IIeW ssaadx3 ❑ IIeW Pw1I1100 g'1 III 'bur �� 7� a'• d�✓.Yi t Z0908 00 NOZHOI2iH Peggy Gregory MU) E 9�y AV 891 a 06E0T Building Compliance Officer ,IIINV9IHM M NHOf File: BCV10-00104 ON :moleq SSGJPPe,(le/a siall33dD a saA❑ L l wep Woo}L4 $2 ryuR�)(41, i Passe-PPM alo!VV 'L T�„a, /�/� /� hl qr ' ppm •sguuad ooeds;l;mu;ay;uo4 �o ,�anga0;o elect .D (awe N 'eoaldpew 041;0 Adeg a4;o;pled s!4;4de;;V • pa;uud),(q genies % ti 'noA o;pled ay;wn;ai ueo am 1E41 os eesswppv p --- - a$JeAal 9144 uo ssa.1ppe pue aweu moA;uud ■ lue6v p ��- -c�� a'a,,��r'" ' •Pensap Sl,Gengee Pe;duls0 d ti b wall artleu wX e;eldwoo oslV'E Poe'3'1 swell 91001100 ■ AH3A1730 NO NO11339 SIH13137dINO3 NOIIO3S SIHl 3137dWO0 :H30N3S w $ seed g eSelsod Ialoy IPd OiNiaawwISOU nbeu Lue weslope Bad wen O9 ;d(patin io u sirs%Pu3) aaa ldenea w osi O wewtsod O Bed Pe9lued ru ru $ eBelsod 0. ®w a's se'MA1M le ells•am m• 1!aln u•lleuu qul AIoAIIa•1 d a 1no1 eEelano aouainsu o Au 1e ol;eawo w (P P. d O / NfIOLW O) In .14 303B '1lVW a3ldlll93 Page 2 of 2 wlaalnaa9 'mod •S•fl Report ID: CODE000028v001 Print Date-Time: 8/19/2010 1:38:15PM DEPARTMENT OF PLANNING SERVICES } Building Compliance Division 1555 North 17th Avenue Greeley, Colorado 80631 I WEBSITE: www.co.weld.co.us E-MAIL: Pgregory@co.weld.co.us PHOC FAX:N970 304 6498100 x3568 111 COLORADO August03, 2010 Weigandt John William 10390 E 168Th Ave Brighton, Co 80602 Building Violation Case: BCV10-00104 Expired Building Permit: BCR09-00561 Legal Description: 20035 S2N2 24-1-67 EXC 3.02A OG&M TO GWS CO (1R) Situs Address: 11553 CR 6 Dear Weigandt John William: 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.) 29-8-40"Expiration of permit." A. Every permit issued by the Building Official under the provisions of this Building Code shall expire by limitation and become null and void after the given utilization period has elapsed.The utilization period begins on the date of permit issuance. B. Exceptions. When a permit is issued,the Building Official may approve an expiration date exceeding the utilization period. The permittee must demonstrate that the complexity or size of the project makes completion of the project within the utilization period unreasonable. C. 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 one(1)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. To bring your property into compliance with the Weld County Code: A permit application and all applicable docuemntation shall be submitted to complete inspections on the rafter repairs and roof deck on the existing dwelling resulting from fire damage. Page 1 of 2 Report ID: CODE00015v003 Print Date-Time: 8/3/2010 11:56:16AM l DEPARTMENT OF PLANNING SERVICES (fe Building Compliance Division 1555 North 17th Avenue Gre eley, Colorado 80631 WEBSITE: www.co.weld.co.us ' E-MAIL:i Pgregory@co.weld.co.us PHO FAX: 970 304-6498N100 x3568 COLORADO 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 08/17/2010 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 Attorneys 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. Sincerely, Y PeYti eggy Gregory Building Compliance Officer File: BCV10-00104 BCR09-00561 Page 2 of 2 Repel ID'. CODE00015v003 Print Date-Time: 8/3/2010 11:56:16AM D Kit DEPARTMENT OF PLANNING SERVICES Building Compliance Division 1555 N 171"AVE, Greeley, CO 80631 IWebsite: www.co.weld.co.us CE-mail Address: pgregory@co.weld.co.us Phone (970) Fax: (9770) 304-6498 COLORADO September 2, 2010 JOHN W WEIGANDT 10390 E 168 AV BRIGHTON CO 80602 Subject: Permit# BCR09-00561 — Part of the S2N2 of Section 24, Ti N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. Weigandt: On February 1, 2010, you were granted an extension on the above noted permit to repair the rafters and the roof deck due to fire damage at 11533 County Road 6. According to our records, that extension is due to expire on July 30, 2010, 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. Sinc tit/Aryl Peggy Gregory Building Compliance pc: BCR09-00561 SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES BUW�ifpC 918 10TH ING STREET, GREELN EY, CO ION 80631 COLORADO (970) 353-6100 X3540 EXTENSION REQUEST FORM DATE H_ Z c - ( U PERMIT NUMBER M209.G05e/ APPLICANT INFORMATION: NAME -fir A C wi' I q of PHONE 30 > - C3-61— 3 ( Z / ADDRESS 05 O P= A j,' � PROPERTY OWNER ,J c L K WI' 19 4 1, 4 t SITE ADDRESS 7/533 C/2 6 ORIGINAL EXPIRATION DATE J is , 3 REASON FOR EXTENSION Money ci k c ry) 0 re S. r v �/y � \ Ill 10 A, SIGNATURE A:4 4 9V k DATE l - L - ( 0 RELATIONSHIP TO PROPERTY OWNER NEW EXPIRATION DATE 30 •/D FOR OFFICE USE ONLY,/ APPROVED BY afAebni Y DATE . //O FEE: $42.00 PAYOR 94, Z(ZLrm�/ . CASH CK # /365 CREDIT CARD # Kit( a DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 I Website: www.co.weld.co.us E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 O Fax: (970) 304-6498 COLORADO December 28, 2009 JOHN W WEIGANDT 10390 E 168 AV BRIGHTON CO 80602 Subject: Permit# BCR09-00561 Part of the S2N2 of Section 24, T1 N, R67W, of the 6'h P.M., Weld County, Colorado Dear Mr. Weigandt: This letter is to remind you that a permit to repair rafters and the roof deck due to fire damage on the existing dwelling at 11533 County Road 6 was issued on August 4, 2009. According to our records, this permit will expire on January 31, 2010, and all of the required inspections have not been completed. Article VIII, Section 29-8-40 of the Weld County Code states that: 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 by the permit expiration date, all work shall stop until a new permit is issued. Article VIII, Section 29-8-45 states: A. The Building permit holder may submit a request for an extension of time before the expiration of the utilization period. The Building Official may extend the Building Permit one time, for a period not to exceed 180 calendar days. Such request shall include name, address, telephone number, the building permit number, site address and a description of specific circumstances which prevented completion of the work prior to the expiration date. A $42.00 fee shall be charged if a building permit extension is granted. B. If the Building Permit expires before a request is submitted for an extension, an extension shall not be granted. To proceed with the same project the following process shall be required: 1. A new permit must be obtained. 2. The full permit fee must be paid along with any other applicable fees. 3. The applicant must comply with all applicable codes and regulations in effect at the time the new permit application is submitted. SERVICE,TEAMWORK,INTEGRITY,QUALITY page two An expired permit will result in a violation being issued and will remain open until a new permit is issued 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. Si� ly, A rty Peggy Gregory Building Compliance Officer pc: BCR09-00561 SERVICE,TEAMWORK,INTEGRITY,QUALITY 11111111111 IIII 1111111 IIII 111111 BRIM lit 3130672 12/01/2003 01:56P Weld County, CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk& Recorder QUIT CLAIM DEED 672 KNOWN ALL MEN BY THESE PRESENTS: That 1, Elouise M. Weigandt, the Trustee for the John H. Weigandt Revocable Trust, hereinafter called Grantor,in the exercise of the power conveyed upon us by the Trust Agreement dated February 6,1997,do hereby grant, remise,release,convey,transfer,distribute,assign and deliver unto John William Weigandt,hereinafter called Grantee, an any and all interest of the John H. Weigandt Revocable Trust in the real property and mineral rights apppurtune thereto,situate,lying and being in the County of Weld and State of Colorado,described as follows: The South one half of the North one half of Section Twenty-four,Township One North,Range Sixty- seven West of the Sixth P.M. Together with (I) share of Capital Stock in the Brighton Ditch Company. Also known by street number as 11553 WCR 6,Fort Lupton,CO 80621. TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever, of the Grantor,either in law or equity,to the only proper use,benefit and behalf of the Grantee,his heirs and assigns forever. (NO CONSIDERATION CONVEYANCE FOR TITLE PURPOSES ONLY, NO DOCUMENTARY FEE REQUIRED.) WITNESS,our hand this20th day of November,2003 THE JOHN H.WEIGANDT REVOCABLE TRUST C--.„. ftc.) Elouise M. Weigandt,Trustee STATE OF COLORADO ) )ss. COUNTY OF ADAMS he foregoing instrument was acknowledged before me,by Elouise M. Weigandt as trustee of the Joh H. Weigandt Revocable Trust. My commission expires: 12/10/2005 Witness my hand and official seal. a %SS' ,.IAA j % Notary Public 3 i x-0-0- ;dj. °UBOC o` &1QCp1 7G a Mick Walker The Law Offices at City Park 1675 Filmore Street Denver,CO 80206 303.691.9789 _ B 1214 REC 02160323 10/31/88 12:13 $3.00 1/001 AR2160323 _ F 1271 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED • RECORDER'S STAMP THIS DEED,Muds this 28th day of October .19 88 between John Henry Stolz, Jr. aka Henry Stolz, Jr. State Documentary Fee Date 42,7 ,1 �$ • oa of the "County of Weld and State of ---- 11 Colorado.gr:mwr♦al.and John H. Welgandt and John W. Weigandt • • ' whose legal address is 10390 East 168th Avenue, Bright on of the County of Adams and State of Colorado.grantees, WITNESS.that he gramorts),for and in consideration of the sum of (5240,000.00) Two hundred forty thousand and nut/100ths DOLLARS. the receipt and sufficiency of which is hereby acknowledged.has granted,bargained,sold and conveyed,and by these presents ' does grunt.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: The South one half of the North one half of Section Twenty-four, Township One North, Range Sixty-seven West of the Sloth P.M„ �C • TOGETHER with one (1) share of Capital Stock in the Brighton Ditch Company; EXCEPT AND RESERVING unto the Grantor, his heirs and/or assigns, one-half (1/2) of all royalties paid under oil and gas lease dated November 14th, 1970, Recorded December 17th, 1970, in Book 637, Reception #1559051 and extended by affidavit of production, recorded December 11th, 1974, in Book 728, Reception #1650112 on all existing oil, gas, and liquid hydrocarbon production and any other such production that shall be until October 28th, 1998 or earlier, if at such time the Grantees shall pay the Promissory Note in full, that is secured by the First Deed of Trust of this date, payable to the Grantor, his heirs and/or assigns. also tomes by street and number as 11553 NCR 6, Fort Lupton, CO 80621 TOGETHER with all and singular the hereditamcnts and appurtenances thereunto belonging.or in anywise appertaining.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 grantorlsl.either in law or equity.of in and to the above bargained premises.with the hereditamcnts and appu rtenanees, 1U HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances.unto the grantees,their hens and assigns forever. And the grantorl.. . for hi eoel f his heirs and personal representatives dues covenant. grant. bargain and agree to and with the grantees.their heirs and assigns,Otat at the time of the enscaling 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 goodnight.full power and lawful authority to grant,bargain,sell and convey the same in manner and form aforesaid. and that the same arc free and clear from all former and other grants.bargains,sales, liens.taxes, asses'ntents.encumbrances and restrictions of w hatnUr kind or nature sooner,except and SUBJECT to reservations, ease- 1 cents and Rights of Way of record and/or visually evident and oil and gas lease of record; ALSO i SUBJECT to general taxes for 1988 which the Grantor, his heirs and/or assignas will pay when due. The grtmmrl4A 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 pan thereof. IN WITNESS WHEREOF the grunioorlsl ha/ executed this deed on the date set forth aboo�ve, // 1 plyJq�j Henry Stolz, Jr. // 'p aka Henryz, Jr / II ' STATE OF COLORADO County of Weld 11 The foregoing instrument was acknowledged before me this 28th day of October .19 88 by Jphq,Henry Stolz, Jr., aka Henry Stolz, Jr. ,•'. nil JQFV,NDfiiritISSioli.Ecpites /O— c' y ,19 9/ .Witness my hand and official seal. Ii.Aif•\\OTAgY .x '_ /� ?;YS.y':,C 0- / /5r,.t 1/7..10, • \,7)e.." , ,. 6 Ll .. ` 140 Denver avenue•n -s.7 f- •.w,Cc Fort Lupton, CO 80621 rep.C 01-C:.0` t-C .,y`sys My Commission expires October 24.191 i .it:in Denver.tinsert-City-and.- 1030 Fulton Avenue -t _-. R lupiml,.c?Ioe&o_BOfi21_.. __.._.' No.921.Rev.5.86. WARRANT'DEED Ito}aim Tumntst a,Wtmd Publishing.5825 W 6s5 Avc..LnkewoW.CO 8014—Isom no.fisooa.y6 Hello