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Home My WebLink About20101812.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING VI #0600041 AGAINST VICTORIA LEMAY 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, Victoria LeMay, VI #0600041, 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 10th day of August, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Victoria LeMay was present at said hearing and provided testimony, and WHEREAS, the Board deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Victoria LeMay 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. pL, oi5l • 2010-1812 (3 -i3 -/0 PL0824 VIOLATIONS -VI #0600041 — LEMAY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of August, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: a Do las Ptademac er/yhair Weld County Clerk to th o ci4 L5�57J✓✓ nn 1861 C ` arbara Kirkmeyer, ro-Tem Deputy Clerk to the Board Sean P. Cp ' a APPRO D AS TO�M: //1 F. Garcia ount A o ey (-y / David E. Long Date of signature: 9% \\I 2010-1812 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Victoria L Lemay and Lester R Lemay Violation Number: VI-0600041 Address: 15468 Lamb Avenue, Fort Lupton CO 80621 Legal: Lot 3, Block 52, Aristocrat Ranchettes#2, Weld County, Colorado 80621 Location: Between County Roads 16 and 18, East of County Road 31 North: Agricultural properties South: Agricultural properties East: Agricultural properties West: Agricultural properties Parcel Number: 1309-27-3-13-006 Acres: .99 Certified mail date: July 28, 2010 Received: Currently the property is in violation of: Chapter 29, Article Ill, Section 29-3-280 "Certificate of occupancy." Chapter 29, Article Ill, Section 29-3-310 "Temporary certificate of occupancy." REMEDY To bring the property into compliance, the existing mobile home shall be removed or demolished prior to a Certificate of Occupancy being issued for the manufactured home. RECOMMENDATION The Department of Planning Services recommends this case be referred to the County Attorney for immediate action as the home is being occupied without a Certificate of Occupancy as the Temporary Certificate of Occupancy has expired. CASE HISTORY April 5, 2010 Permit for manufactured home issued. May 7, 2010 Temporary Certificate of Occupancy issued, expiration date is 06/07/2010. States existing dwelling must be removed prior to issue of Certificate of Occupancy. June 23, 2010 Letter from Cheryl A Peterson, Esq. stating Victoria Lemay wants to keep the old mobile home on site as a medical hardship. July 28, 2010 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. 2010-1812 � a 13( DEPARTMENT OF PLANNING SERVICES Building Compliance Division I 1555 N 17'" AVE, 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 July 28, 2010 VICTORIA LEMAY 15468 LAMB AV FORT LUPTON CO 80621 Subject: VI-0600041, Lot 3, Block 52, Aristocrat Ranchettes#2, Weld County, Colorado Dear Ms. LeMay: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on August 10,2010,at 10:00 a.m., to consider the violations. The property is in violation of the following Sections of the Weld County Code: Section 29-3-280 "Certificate of occupancy." Section 29-3-310 "Temporary certificate of occupancy." To bring your property into compliance: The existing mobile home shall be removed or demolished so a Certificate of Occupancy may be issued for the manufactured home. 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. Sly, ��} Pegg gory ll v Building Compliance Officer pc: VI-0600041 MFG 10-00007 BCR10-00472 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal ServiceTM CERTIFIED MAILrM RECEIPT a- (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivery iof•rmati nvisit•ur we•sife at wrovr us s.c A tr sv 9 Postage $ ru C Certified Fee CPostma k O Here a Return tFee (Endorsement Required) Restricted°Oven"Fee Requir ed) Req ) m Total Postage&Fees $ m C Sent To o Victoria LeMay Street,Apt.No.; or Po Sox No. 15468 Lamb AV City,State,ZIP+4 Fort Lupton CO 80621 PS Form 3800,June 2002 See Reverse for Instructions RIGGS, ABNEY, NEAL, TURPEN, ORBISON & LEWIS A PROFESSIONAL CORPORATION ROBERT A.NANCE KIMBERLY.SPARKS' GREGORY W.'ALEERRY MELVIN C HALL GARY L NEAL BEVERLY A STEWART REBECCA V ANENT SHARON=_HAMM' ATTORNEYS AND COUNSELORS AT LAW MARFL NELMS CHAD C TAYLOR THOMA ;ANDERSON JOHN M HICKEYRGIR 7979 EAST TUFTS AVENUE PARKWAY JAMES ORBISONE STEPHANIE AVID H.THOMAS RYAN J ASSNS TERRI L HILL' SUITE 1300 JYOTI PANDYA' HARLEY W THOMAS KADEN F BAKES HOLLY IT HILLERMAN GEOFFREY L PEARSON' REX W THOMPSON LISA K.sCKLE ROBERT E HOWARD DENVER,COLORADO 80237 CHERY_A PETERSON- RICHARD D THRELK°_LD DONALD M BINGHAM VAUGHN ISKANIAN JON Al PEYTON CHERYLµ TOMAE PETER W BROLICK WM GREGORY JAMES AMY M PLANK' SONJAM TREE DIVINA CHAV=S DRUGS STEVEN JANIBIEWSKI' JAMES R.POLAR MICHAEL C PUPPET SCOTT W BYRD DEBORAH L JOHNSTONE RICHARD E POORMON' LIKANDA VAN N A TENI ALSA L NATHAN CHASE'CROSS KIENYL JONES FRED RRIGGS SHARON AVE DOANARESARAH OTT P A IIENN LNIGD0.DI RIn ASHLEY K WEAVER R DONNA P TAA DE SIMONE KRI TT P HERS K S DASTEID PHEN S RILEY ASHLEY R WELS ROBERT O DEAN' TARRY PH EREKOSKI ii RANPAL,A RIN BRIAN SRWELL5 JEDWARD ANETSDMONT ' JOSEPH KORDELISKKiI [English Telephone] [Telefonos en Espanol] CLARA R_gERODEST BRIAN S WILKERCON JANET S DUMONT JOSEPH P LENAART CLARA RHOUNDS JERRY. WRT IRA L EDWARDS.JP TYLER 0 LEONARD (800)820-3369 (888)820-5978 MARY.'ROUNDS GARY W WDOC SGEORGETEPHANIE M EMERSON C S LEWIS.:I DEIRDRE A.SANTOSCOW TRACE S?AHL STEPPAN-EA FEND MAR'.JEAN LITTLE In Denver(303)295-2942 En Denver(303)295-6487 JOHNE EOHPIDNE- JOSEPHRICHAR A FLARES LORI T LOVOHNIB VES FAX(303)298-7398 FAX(303)298-7398 DWAIN S SHAW 01 Counsel RICHPRDA DANN MATT MATHESON KATHY RISTEN SHERWOOD MR am"Belanger BAR' GARBUTT JESSE D.MELEBTER KRISTEN E ILVER' TAN- Ben L E',R& RICHARD I.SARRN RAYMOND A MELTON' NATHAN S SILVER' cavity S',anti D SHARON GENTRY KENNETH M SMITH ONSIS P Azle N EPHEN E HALE RICHARDA NJe BETTTD SMITH' MARHENW HALL- J LYON MOREHEAD June 21, 2010 BETTY J SDMMARS 'Licensee IRAlmxpV Weld County Planning Department Via Regular Mail GREELEY OFFICE Weld County Planning and Zoning Department Attn: Ms. Peggy Gregory RECEIVED 1555 North 17i11 Avenue Greeley, Colorado 80631 Re: Victoria LeMay—Her Request To Keep Her Old Lancer Mobile Home, as well as the New Modular Home, on her Properly at 15468 Lamb Avenue, Fort Lupton, CO 80621 Pursuant to the Americans with Disabilities Act(ADA) Dear Ms. Gregory: Ms. Victoria LeMay recently contacted this Firm concerning her request to keep her old Lancer mobile home, as well as her new modular home, on her property as an ADA reasonable accommodation. Ms. LeMay has authorized this Firm to write this letter on this matter. This Finn does not represent Ms. LeMay in this matter. Ms. LeMay has a Temporary Certificate of Occupancy issued by Weld County dated May 7, 2010 for her new modular home on the above-referenced property. That Temporary Certificate of Occupancy requires Ms. LeMay to remove the existing dwelling, which is her old Lancer mobile home, before the final Certificate of Occupancy for her new modular home will be issued. Ms. LeMay requests that she be allowed to keep the existing dwelling, her Lancer mobile home, as well as the new modular home on her property as a reasonable accommodation under the ADA as explained below. Ms. LeMay reports that she and her ex-husband, with whom she resides, are both physically handicapped under the ADA, and her existing Lancer mobile home on her property is already handicapped-accessible. Additionally, due to financial constraints, Ms. LeMay's daughter-in-law and her two children are staying with Ms. LeMay and her ex-husband in her new modular home, resulting in crowded conditions while they try to provide disability care for Ms. LeMay and her ex-husband. The new modular home is not handicapped-accessible which makes caring for their disabilities more difficult than it would he if Ms. LeMay and her ex-husband could live in the old Lancer mobile home. Ms. LeMay requests a reasonable accommodation from you pursuant to the Americans for Disabilities Act Title II Government Activities provision to keep her old Lancer mobile home, as well as her new mobile home, on her property. TULSA•OKLAHOMA CITY•DENVER Weld County Planning and Zoning Department Attn: Ms. Peggy Gregory Greeley, Colorado June 21, 2010 Page 2 Any assistance that you can provide Ms. LeMay regarding an ADA reasonable accommodation and/or the steps that need to be taken to be able to keep her Lancer mobile home, as well as the new modular home, on her property would be greatly appreciated. Please contact Ms. LeMay directly concerning this matter. All further communication should be directed to Ms. Victoria LeMay at 15468 Lamb Avenue, Fort Lupton, Colorado 80621. Thank you for your prompt attention to this matter. Very truly yours, Lk:(- � Cheryl A.Peterson, Esq. For the Firm CAP/glp/Jg cc: LeMay#550703 uH w z - 13 0 N Q Li O W 2 O V H OH o C. 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W N W in LLJ O Z < 0 2 W Z O �U H V Q V r �i r-; v Z g 0 Q o o z 3 D I- J Lc, co Y O W d 916 111 11111 Mill 11111 I I I I I Ill 111111 11111111111111111111111 I I I I 3683916 0313012010 02:22P Weld County,CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk&Recorder L(;`ThF- QUITCLAIM DEED THIS DEED,dated this kiln day of iti4l'f( ' between Victoria L.Lemay of the County of Weld and State of Colorado,grantor(s),and Victoria L.Lemay and Lester R.Lemay,grantee(s) whose legal address is 15468 Lamb Avenue, Fort Lupton, CO 80621 of the County of Weld and State of'CO, grantee(s): WITNESS,that the grantor(s),for and in consideration of the sum of Ten dollars and no/I00($10.00),the receipt and sufficiency of which is hereby acknowledged,has remised, released,sold and QUITCLAIMED,and by these presents does remise, release, sell and QUITCLAIM, unto the grantee(s), his heirs and assigns forever, Joint Tenants,all the right,title,interest,claim and demand which the grantor(s)has in and to 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 Three(3),Block Fifty-Two(52),Second Filing Aristocrat Ranchettes,a subdivision of Weld County,State of Colorado. also known by street and number as: 15468 Lamb Avenue,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, all the estate, right, title, interest and claim whatsoever of the grantor(s),either in law or equity,to the only proper use,benefit and behoof of the grantee(s),his heirs and assigns forever. 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(s)has executed this deed on the date set forth above. 4Ve - Victoria L.Lemay STATE OF COLORADO j as. COUNTY OF Weld j ' The foregoing instrument was acknowledged before me this USWk day of)Jljl\(k\ ,20th ,by Victoria L.Lemay. My Commission expires: I 1,I Ile Witness my hand and official seal. ly.r Z.,, )111 otary Public \r . ' " WDAtpc6 1nnc())\V(, j„vq,t,A T a thvyfea QM UCLA IM DEED FiMX$U90TNC Hello