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HomeMy WebLinkAbout20100296 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TODD AND BARBARA FEASTER 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,Todd and Barbara Fester, BCV#0900126, 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 9th day of February, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Todd and Barbara Feaster, property owners,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 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 March 9, 2010, in order to allow adequate time for the property owners to submit an application for the necessary building permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV#0900126 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Todd and Barbara Feaster 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 March 9, 2010, in order to allow adequate time for the property owners to submit an application for the necessary building permit. 2010-0296 PL0824 ( ' . ✓L, 6'i C._ (7-5// /id VIOLATIONS - BCV#0900126 -TODD AND BARBARA FEASTER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of February, A.D., 2010. E BOARD OF COUNTY COMMISSIONERS ��� WELD COUNTY, COLORADO Q N ATTEST: '� '.w'` _ ✓ cep ., ougl-- Radem. cher, Chair `t, Weld County Clerk to the par. p i EXCUSED ll ` Barbara Kirkmeyer, Pro-Tern B . ,4nrn De u Clerk t the Board `-1 Sean P. Con ay AP O D AS M: WilliamF. G rcia ounty Attorney EXCUSED David E. Long Date of signature: 3 {lb 2010-0296 PL0824 Violation Summary Report BASIC INFORMATION FEASTER TODD R & 2211 MEADOW VALE RD LONGMONT, CO 80504 Tenant: Compliance Officer: Peggy Gregory Violation Number: BCV09-00126 Situs Address: 2211 MEADOW VALE RD Legal: 2MVF L4 BLK14 MEADOW VALE FARM PUD#2 SITUS: 2211 MEADOW VALE RD WELD 80504 Location: Location North of Highway 119, West of and adjacent to Meadow Vale Road North PUD - R-1 South PUD - R-1 East PUD - R-1 West PUD - R-1 Parcel Number: 131304314004-R7012698 Acreage: 1.52 Certified Mail Date: 12/30/2009 Currently the property is in violation of: 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.) REMEDY A permit application and all applicable documentation shall be submitted for the structure being constructed, 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. Feaster has stated he will submit a permit application. LETTER HISTORY 11/23/2009 Complaint Received 12/01/2009 Complaint Validated 12/11/2009 LTTR: Violation Notice 12/30/2009 LTTR: Hearing Notification OTHER CASE HISTORY 11/30/2009 Property Inspected Observed an approximate 12 X 30 garage on north side of home. No one home. Left notice to contact our office. Violation Notice: Contact Weld County Building Inspection regarding building on north side of home may have been constructed without a permit. A permit is required for construction of all buildings with no exceptions. 01/26/2010 Phone Call Phone call to owner. He is now divorced and no longer lives at the property. They are trying to sell the house. He will be in to submit a permit application. 01/08/2010 Certified Mail Receipt CERTIFIED MAIL RECEIPT RECEIVED 2010-0296 (1;11;- 4i$ DEPARTMENT OF PLANNING SERVICES Building Compliance Division I D9 8 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO December 30, 2009 TODD R and BARBARA J FEASTER 2211 MEADOW VALE RD LONGMONT CO 80504 Subject: BCV09-00126, Lot 14, Block 14, Meadow Vale Farm PUD#2, Weld County, Colorado Dear Mr. and Mrs. Feaster: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on February 9, 2010,at 10:00 a.m., to consider the violation. The property is in violation of the following Section of the Weld County Code: Section 29-3-10 "Building permit required." To bring your property into compliance: A permit application and all applicable documentation shall be submitted, 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. rely, 19Y earit Peggy Gregory Building Compliance Officer pc: BCV09-00126 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal ServiceTM r, CERTIFIED MAIL,, RECEIPT u1 (Domestic Mail Only;No Insurance Coverage Provided) N �, F r•elivery inf rmatl n visit•ur we siie at www.us•ac m, rn Postage $ ra 0 Certified Fee Po erk Return ReceiptRequiree ) Here (Endorsement Required) Restricted Delivery Required) Fee - `D (Endorsement rR Total Postage A Fees 11"1 IM Sent To Todd R and Barbara Feaster Street,Apt.No.; or PO Box No. 2211 Meadow Vale RD CO,,Stete.ZIP-f4 Longmont CO 80504 PS Form 3800,June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent • Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Receive by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: WeltraURNIVITSMfrom item 1? 0 Yes CREelli ea F9 gry address below: ❑No TODD R & BARBARA FEASTER 2211 MEADOW VALE RD IAN 0 ?nip LONGMONT CO 80504 D _ V ED fCertifled Mail 0 Express Mail 0 Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes z. Article Number 7005 1160 0001 4539 7517 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 6 DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us I E-mail Address: pgregory(aco.weld.co.us DPhone: (970) 353-6100, Ext. 3568 C. Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE December 11, 2009 TODD R and BARBARA J FEASTER 2211 MEADOW VALE RD LONGMONT CO 80504 Subject: BCV09-00126, Lot 4, Block 14, Meadow Vale Farm PUD#2, Weld County, Colorado Dear Mr. and Mrs. Feaster: It has been determined that the property located at 2211 Meadow Vale Road is currently in violation of the following Section of the Weld County Code: Section 29-3-10"Building permit required." To bring your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the structure being constructed on your property, 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 fail to correct this violation within 14 (fourteen)days from December 11,2009. 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. inc-gre , Pegg r gory Building Complianc Offic r pc: BCV09-00126 rscer;iss\H, DEPARTMENT OF PLANNING SERVICES Code Compliance Division C 918 10th Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ❑ ZONING CODE COMPLAINT 0 StaffiName• ❑ Citizen 0 Other. O HEALTH DEPARTMENT Citizen's Name(If known)- ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT O PUBLIC WORKS /PEST& WEEDS Date Complaint was received: //043-09 Pending Case#(i.e. USR,,R/E, SE, ect...): �/ �/ .�{ ,/ '/ '/ Legal Description: / T 13/41 7/j '' ��u (/ �Jaotnt Parcel#: /3/3 ' 04-3-/e/-coq Violation Address: c2aui 1242&&) V ,(et:1-- ' Property Owners Name: Jx/d ¢�Ga,aet 4� I,a, p� Phone: Property Owners Address: .1Q4')(,( Tenant's Name: Phone: Tenant's Address: r NATURE OF COMPLAINT: 6 416 .SE 06406 � ‘76,472-614 Additional Notes: 016- fr i c� .� t A n"d.,r i✓t,ti �i' ,� k 7� i t , YL'h S'/ il2 4c ti, Z /i,^ ' mot c l� iAil' e 1 4 /it WELD COUNTY BUILDING INSPECTION CORRECTION NOTICE PERMIT NUMBER: . L ,- C '- CO L 2.�' PAGE OF �r T NAME/OWNER: /4- e%c$ 'cc:. r PROPERTY ADDRESS/LEGAL 2. ≥ L.( A//iiLT c INSPECTIONS OF THIS STRUCTURE REVEALED THAT THE FOLLOWING IS NOT IN COMPLIANCE WITH THE WELD COUNTY BUILDING CODE ORDINANCE. ( ' :(` r ! — '2 I. t 14, Cr " '- « ( 2 (C/ litfiCC o�1 !1 / Cc' cCi- pd tC C7-7 ,?r4 /6 l am/ F4 '( if � O -7 �c(.42,, ✓ e�4 ,c �4. ` -e.—/ia L t a 2 / etc, 7- e - ;T 1 . 6, ( ( C vc,i. /4,/,'r:4 L✓.AE cjt? is- - LL r ,{/ ISGORRECTIONS MUST BE MADE BEFORE: r CLe95 /U REINSPECTION REQUIRED. WHEN CORRECTIONS ARE MADE, PLEASE CALL FOR REINSPECTION. (970)356-8016 OR 1-800-234-2534. J REINSPECTION FEE REQUIRED BEFORE THE NEXT INSPECTION. ❑ THIS PERMIT E J PIRES ON: ]7, INSPECTOR -(l4' DATE /) C C IF YOU WISH TO SPEA TO AN INSPECTOR, CALL: cr-or�ovETWEEN 7:30 A.M.AND 8:30 A.M. 20- --Ste'• c (c ' DO NOT REMOVE THIS CORRECTION NOTICE Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R7012698 Parcel#: 131304314004 Tax Area: 2342 Bordering County: Acres: 1.51 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 02 - 68 - 04 - 3 MEADOW VALE FARM 2ND FG PUD - 14 - 4 Owners Name &Address: Property Address; FEASTER TODD R& Street: 2211 MEADOW VALE RD WELD 2211 MEADOW VALE RD City: WELD LONGMONT, CO 80504 Additional Owners: FEASTER BARBARA I Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 7/25/2002 $399,900 WD 2972810 Legal Description 2MVF L4 BLK14 MEADOW VALE FARM PUD #2 SITUS: 2211 MEADOW VALE RD WELD 80504 Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Site Land Subtotal: $150,000 $11,940 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $316,569 $25,200 Total Property Value $466,569 $37,140 Building Details Account#: R7012698 Parcel#: 131304314004 Owners Name &Address: Property Address:. FEASTER TODD R & Street: 2211 MEADOW VALE RD WELD 2211 MEADOW VALE RD City: WELD LONGMONT, CO 80504 Building# Property Type 1 Residential Individual Built As Detail http://maps2.merriek.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=1313... 11/23/2009 Identify Results Page 2 of 2 Built As: 2 Story Year Built: 1999 Exterior: Frame Siding HVAC: Forced Air Interior Finish: Drywall Built As SQ Ft: 2812 # of Baths: 4 Roof Type: Gable # of Bdrms: 4 Roof Cover: Composition Shingle # of Stories: 2 Rooms: 10 Units: 0 Garage: Attached SQ Ft: 746 Detached SQ Ft: 240 Basement: Total SQ Ft: 1378 Finished SQ Ft: 0 http://maps2.merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin=1313... 11/23/2009 1111111111111111111 IIIII III 111111111111 III 11111 IIII(III 2972810 07129/2002 04:43P Weld County, CO 1 of 1 ft 5.00 D 39.99 J.A."Sold"Tsukamoto WARRANTY DEED THIS DEED, Made this 25th dayot July , 2002, between Katharine Oliver and Floyd Oliver and Jennifer Fenton of the County of Weld and State of Colorado grantor.and Todd R. Feaster and Barbara J. Feaster whose legal address is 2211 Meadow Vale Road, Longmont, Colorado 80504 of the County of Weld and Stale of Colorado .grantee+: WITNESS,That the grantor.for and in consideration of the cite of THREE HUNDRED N INETY NINE THOUSAND NINE HUNDRED AND NO/100- - -- - DOLLARS.J$399,900.00 1.the receipt and sufficiency of which is hereby acknowledged.has granted.bargained,sold and conveyed,and by these presents does grant,bar- gain,sell.convey and confirm,unto the grantees,their heirs and assigns brevet.not in tenancy in common hut 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: Lot 4. Block 14, SECOND FILING MEADOW VALE FARM RUB, County of Weld, State of Colorado also known by street end number as 2211 Meadowva le Road, Longmont, Colorado 80504 TOGETHER with all and singular the hereditaments and appurtenances(hereunto belonging,or in anywise appertaining.and the reversion and reversions.remainder and remainders.rents,is cues and profit:thereof,and all 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 Iteredilmnents 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 himself,hit 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 tnseali ng and delivery of these paesenrs.he is well seized of the premises above conveyed, has good. sure, perfect. absolute and indefeasible estate of inheritance, in law. io tee simple,and has good right,full power and lawful authority to grant,bargain.sell and convey the sane in manner and tons as atoresaid.and that the same are lace and clear from all former and other grants, bargains.sales. liens, taxes.assessments. encumbrances and restrictions of whatever kind or nature soevet, except for taxes fur the current year,a lien but not yet due and payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer In accordance with section Na[Title Review],of the contract dated ,between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable posses- :ion of the grantees,their(heirs and assigns against all and eve y person or persons lawfully claiming the whole or any part thereof. The angular number still include the plural.the plural the singular.and the use sit any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth lh shove. /. e DlG atharine Oliver Floy J1' e. / Jennifer Fenton By: /!C✓C�! Floy o': ' er, Attorney-in-fact STATE OE COLORADO I ss. COUNTY OF BOULDER The foregoing instrument was acknowledged before me this 25th day of July _ 2002,by Katharine Oliver and Floyd Oliver and Jennifer Fenton h Jo i OIioQv Q3 1st♦oRncv. nrl-�ar+1t' Mypb �thIttli arm- Won toy(hand and c I a l r r if Inn �A bq,a��. FIRST AMER *nary Public top WARRANTY DEE Wu Joint Tenants;tamtaarrwh leas LlivYmD°' HERIFMETIRE Hello