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Home My WebLink About20102082.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1000083 AGAINST HUGHES LLC/SELLERS 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, Hughes, LLC, c/o Bing Sellers, BCV #1000083, 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, Hughes, LLC, property owner, was represented by Bing Sellers 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 October 14, 2010, to allow adequate time for the property owner to work with Planning staff regarding the remodeling requirements of the mobile homes on the property, and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV #1000083 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Hughes, LLC/Sellers 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 October 14, 2010, to allow adequate time for the property owner to work with Planning staff regarding the remodeling requirements of the mobile homes on the property, and for an inspection of the property by the Department of Planning Services staff. • 2010-2082 1 C1 - I c- PL0824 VIOLATIONS - BCV#1000083 - HUGHES LLC/SELLERS PAGE 2 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 WELD COUNTY, COLORADO ATTEST: . �� , �wv dugl s ade cher, Chair Weld County Clerk to th:f:o- EXCUSED �" Barbara Kirkmeyer, Pro-Tem BY: Deputy Clerk to the B. e" c\ EXCUSED . Sean '. n Y APP D AS M: Wilkam F. rcia y Attorney David E. Long Date of signature: q/,8 2010-2082 PL0824 6VA\ Planning Department BUILDING VIOLATION CASE SUMMARY COLORADO Violation Number: BCV10-00083 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 7175 CR 21 HUGHES LLC Mailing Address: 3879 E 120TH STREET NO.34: THORNTON, CO 80233 Phone: SECONDARY OWNER: Mailing Address: Phone: VIOLATION CONTACTS: PARCEL: 131126300041-R6775917 Acreage: 43.89 Legal Description: PT S2SW4 26-2-67 LOT B REC EXEMPT RE-4823 LOCATION: Location . East of and adjacent to CR 21, North of CR 16 North . Agricultural properties South . Agricultural properties East Agricultural properties West . Agricultural properties NOTIFICATION INFORMATION: Certified Date : 07/29/2010 Certified Reference Number : 7003 1010 0002 8989 3911 USPS Date Posted Date ; 08/03/2010 VIOLATION DESCRIPTION: VIOLATION REMEDY: Remedy 1 : Permit applications shall be submitted for all utilities installed without permits and building permits shall be submitted for any structures determined to be allowed on the property per the Weld County Code. Remedy 2 : 2010-2082 Report ID: CODE00027v003 Page 1 of 2 Print Date-Time: 9/1/2010 3:52:03PM A(% Planning Department BUILDING VIOLATION CASE SUMMARY vine Remedy 3 : RECOMMENDATION: Staff recommends this case be referred to the County Attorney for immediate action as Mr. Sellers is aware that he needs permits but has not submitted any paperwork. WORKFLOW SUMMARY: Case Initiation 07/14/2010 Initiated Violation 07/14/2010 Violation Notice Letter Violation 07/29/2010 Hearing Notification OTHER CASE HISTORY: 06/29/2010 Office Visit Bing Sellers was in the office today. He spoke with Michelle, Bethany, and myself,then also Ken Swanson. He is planning to have a tree farm on the property. Michelle advised him the tree farm is a use by right on ag property but he can only have two cargo containers or semi trailers for storage. Anything above that, he will need to get a USR. The well he is using is not on his property but he says he has permission to use it. Michelle advised him he needs to check with the State to confirm the use is approved by them. Ken told him,that if the State approves it, he will need to get a permit to check the back flow device. 07/08/2010 Phone Call Phone call from Dawn Bernhard to report activity on the property. I told her we are aware of the problem and the owner has been in to the office. 07/12/2010 Phone Call Phone call from Denette. She said she did own the entire property but did an RE. She said the owner has trenched across her property, put the dirt in the irrigation ditch,damaged the head gate, and torn her fence down. She has asked him to fix these things and keeps saying he will but he has not. 08/18/2010 Phone Call Phone call to neighbor,she believes the trailers are still there. 08/18/2010 Phone Call Phone call to second neighbor. Owner has closed the trenches and dug two big holes. He refuses to fix the fence. He has dug up their irrigation pipe. INSPECTION SUMMARY: • Report ID: CODE00027v003 Page 2 of 2 Print Date-Time: 9/1/2010 3:52:03PM DEPARTMENT OF PLANNING SERVICES Building Compliance Division 1555 N 17`"AVE, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregorv(a�co.weld.co.us Phone: (970) 353-6100, Ext. 3568 11 IC. Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE July 14, 2010 BING SELLERS HUGHES LLC 3879 E 120 ST#345 THORNTON CO 80233 Subject: BCV10-00083, Part of the S2SW4 of Section 26, T2N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. Sellers: On June 28, 2010, you were issued a"Stop Work Order" and advised to stop all activity on the above noted property until appropriate building permits were obtained. To date no permit applications have been submitted for the installation of utilities and any structures that will be allowed to remain on site as you were advised by the Zoning Compliance Officer and the property remains in violation the following Section of the Weld County Code: Section 29-3-10"Building permit required." Section 29-5-10"Electrical permit required. Section 29-11-20 "Stop orders." To bring your property into compliance with the Weld County Code: Permit applications and all applicable documentation shall be submitted for all utilities being installed or already installed and any structures that are determined by Planning Staff to be allowed to remain on the property, fees paid, the permits 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 10 (ten) days from July 14, 2010. 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. incera y, Peggy Gregory Building Compliance Officer pc: BCV10-00083 ZCV10-00085 Planning Department wineCOMPLAINT COLORADO Complaint Number: COMP10-00093 Situs Address: 0 Complaint Status: CO Closed Violation File Date/Time: 6/28/2010 10:54:55AM Complaint Description: MOVED MODULAR HOMES ONTO PROPERTY TRENCHING ON NEIGHBORS PROPERTY Owner: HUGHES LLC Mailing Address: 3879 E 120TH STREET NO.34 THORNTON, CO 80233 Parcel: 131126300041-R6775917 Legal Description: PT S2SW4 26-2-67 LOT B REC EXEMPT RE-4823 COMPLAINT DETAILS: General Location Description : East of CR 21, South of CR 18 Date of Complaint : 06/26/2010 Complaint Initiated By : Citizen COMPLAINT CATEGORY: Primary Complaint No Building Permit Secondary Complaint Other COMPLAINT DISPOSITION: Complaint Referral Disposition Pending Planning Case Referral Person Contact • Violation Initiated? • COMPLAINT CONTACTS: Compliance Officer : Peggy Gregory WORKFLOW SUMMARY: Complaint Intake 6/28/2010 7:31:17AM Received Peggy Gregory Complaint Inspection 6/28/2010 10:54:55AM Violation Dennis Renley Closure 6/28/2010 10:54:55AM Closed Violation Dennis Renley INSPECTION SUMMARY: Report ID: CODE00011v001 Page 1 of 2 Print Date-Time: 6/28/2010 4:31:18PM ,*=Vf ,A Planning Department Elk COMPLAINT COLORADO Complaint Number: COMP10-00093 Situs Address: 0 Complaint Status: Closed Violation CO File Date/Time: 6/28/2010 10:54:55AM Complaint Description: MOVED MODULAR HOMES ONTO PROPERTY TRENCHING ON NEIGHBORS PROPERTY Building Complaint Inspection 6/28/2010 12:00:00AM Noncompliance Dennis Renley Inspection Result Comment : A BUILDING PERMIT IS REQUIRED TO MOVE ANY MOBILE OR MANUFACTURED STRUCTURE INTO THE COUNTY WITHOUT A BUILDING PERMIT.ANY CONSTRUCTION OR UTILITY INSTALLATION ALSO REQUIRES A BUILDING PERMIT. STOP ALL WORKI AND CEASES ALL ACTIVITIES UNTIL A PERMIT IS ISSUED FOR THE MOBILE HOMES THAT ARE ARE SITE AND BEING RENOVATED,AS WELL AS ALL UTILTIY INSTALLATION AND RELATED BUILDING CONSTRCUTON. CONTINUATION OF ANY WORK IS A VIOLATION OF WELD COUNTY CODE. Report ID: CODE00011v001 Page 2 of 2 Print Date-Time: 6/28/2010 4:31:18PM Peggy Gregory From: webmaster@co.weld.co.us Sent: Saturday, June 26, 2010 12:39 PM To: Peggy Gregory Cc: Kenneth Swanson Subject: Online Building Code Complaint Online Complaint submitted June 26, 2010 Name of Complainant: Deputy Robert Dye Address of Complainant: 1950 o st Email Address: rdve@weldsheriff.com Complainant Phone: 9703564015 Address of Alleged Violation: 900 ft north of 7012 cr 21 Nature of the Alleged Violation: The resident at 7012 cr 21 called to report that someone has moved some modular homes onto the property north of her. they have trenched her property to run water and electric to the property north of her property. they did not have her permission to trench her property. How are Your/Your Property Impacted by this Alleged Violation?They trenched her property and caused damage to her irrigation. Where is Your Property in Relation to the Alleged Violation: The reporting party's property is south of the property. Have You Discussed Your Concerns With the Property Occupant? She has, but the subject just covered the trench and didn't remove the pipes If Not, Please Explain Why? Are You in a Subdivision Which has Covenants that Prohibit the Activity? No Have You Contacted the Homeowners Association? No May we contact you? Yes 1 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R6775917 Parcel#: 131126300041 Tax Area: 2234 Bordering County: Acres: 44.98 Township Range Section Ouart. Sec. Subdivison Name Block# Lot# 02 - 67 - 26 - 3 - - Owners Name &Address: Property Address: HUGHES LLC Street: 3879 E 120TH STREET NO. 345 City: THORNTON, CO 80233 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 11/20/2009 $125,000 WD 3661418 Legal Description PT 52SW4 26-2-67 LOT B REC EXEMPT RE-4823 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4137 Acres 4.311 Agricultural 4137 Acres 29.256 Agricultural 4137 Acres 4.853 Agricultural 4167 Acres 6.56 Land Subtotal: 44.98 $2,454 $710 No Buildings on Parcel http://maps2.merrick.eom/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13112... 6,128'2010 DEPARTMENT OF PLANNING SERVICES rs) 1; Building Compliance Division 918 Tenth Street Gr eeley, Colorado 80631 WEBSITE: www.co.weld.co.us CAON97 970-353-6100 304-6498 x3568 us COLORADO July 29, 2010 Hughes LIc 3879 E 120Th Street No. 345 Thornton, Co 80233 Building Violation Case: BCV10-00083 Legal Description: PT S2SW4 26-2-67 LOT B REC EXEMPT RE-4823 Situs Address: 0 Dear Hughes Llc: 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.) 29-5-10 "Electrical permit required." A.A property owner, authorized agent or contractor who desires to erect, install, enlarge, alter, repair, remove, convert or replace an electrical system,the installation of which is regulated by the NEC, or to cause such work to be done, shall first make application to the Building Inspection Department and obtain the required permit for the work. A permit shall be obtained for all electrical equipment moved within or installed in any relocated building. Prior to the connection of electrical service, a permit shall be obtained and inspection and approval secured for every mobile, manufactured or factory-built home or movable structure that is moved into or within the County.A separate permit shall be obtained for each building, structure or installation. B. Exception:Where equipment replacements and repairs must be performed in an emergency situation,the permit application shall be submitted within the next working business day of the Building Inspection Department. 29-11-20 "Stop orders." Sec. 29-11-20. Stop orders. A.Whenever any work is being done contrary to the provisions of this Building Code, or other pertinent laws Page 1 of 2 Report ID: CODE000028v001 Print Date-Time: 7/29/2010 2:16:57PM DEPARTMENT OF PLANNING SERVICES (it ct L".. c"...) Building Compliance Division 918 Tenth Street Gr eeley, Colorado 80631 I WEBSITE: www.co.weld.co.us E-MAIL: pgregory@co.weld.co.us VII C FAXN970 304 6498100 x3568 I DCOLORADO or ordinances implemented through the enforcement of this Building Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. B. Stop work notices and danger signs affixed by the Building Official shall not be mutilated, destroyed or removed without authority to do so by the Building Official. To bring your property into compliance with the Weld County Code: Permit applications shall be submitted for all utilities installed without permits and building permits shall be submitted for any structures determined to be allowed on the property per the Weld County Code. • 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 concerning this matter, please call me. 6wy SSENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ,Q • Complete items e.2,and 3.Also complete A. Si9natur /) item 4 if Restricted Delivery is desired. % / Agent • Print your name and address on the reverse X c✓ / O Address, so that we can return the card to you. -: B. Ned by(Printed Name) C. Dat of Der • or on this nt to the back it the mailpiece, - n 93 Peggy Gregory or on the front if space permits. ',� `� ( /i i Building Compliance Officer 1 Article Addressed to: D. Is deliv atl ress Merenyfrom 17 ❑Yes File: BCV10-00083 Wold County Platting pea��ervery address below: O No GREELE\ OFFICE -ENVE �, BING SELLERS O HUGHES LLC AUG fl ; 7(11n 3879 E 120 ST #345 _^ co THORNTON CO 80233 RECEIV�dM S ❑Register d qh a �s♦ . 'C'‘'. 49 - pt for Marchand': ❑ Insured Mall 91 eke• 4. Restricted Delivery?(Extra Fee) O Yes Report ID: CODE000028v001 2. Article Number 7003 1010 0002 8989 3911 (transfer from service/ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15 Hello