HomeMy WebLinkAbout20100298 RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST JAVIER FERNANDEZ AND GABRIELA GUTIERREZ 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, Javier Fernandez and Gabriela Gutierrez, BCV #0900140, 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, Javier Fernandez and Gabriela Gutierrez, 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 April 9, 2010, in order to allow adequate time for the property owners to compile the
necessary funds to submit the application for a building permit or to remove the pole barn.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that BCV#0900140 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Javier Fernandez and Gabriela Gutierrez 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 April 9, 2010, in order to allow adequate time
for the property owners to compile the necessary funds to submit the application for a building
permit or to remove the pole barn.
2010-0298
PL0824
00 ✓L
VIOLATIONS- BCV#0900140 —JAVIER FERNANDEZ AND GABRIELA GUTIERREZ
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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: • a Z;c 6.s� lll e_zw-)Cr L 1,L,�-/r
� ' Douglas/Rademack�er, Chair
Weld County Clerk to the +�ar� 4c r
� i� E, � �` XCUSED
/ J 4 NEB" ./ :arbara Kirkmeyer, Pro-Tem
BY. A'l�V(,f�{'�l Oali L X - i�\S /?
Depu y Clerl b the Board J -----:---- u--
Sean P. Conw
APP�� DAS M: C. . '
j William F. Garcia
ounty At orney EXCUSED
David E. Long
Date of signature: 3&iic
2010-0298
PL0824
Violation Summary Report
BASIC INFORMATION
FERNANDEZ JAVIER & 3051 WESTERN DRIVE HUDSON, CO 80642
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV09-00140
Situs Address: 3051 WESTERN DR
Legal: 2VA-19 L19 VANTAGE ACRES#2 SITUS: 3051 WESTERN DR WELD
00000
Location: West
Parcel Number: 147317304004-R6388786 Acreage: 5.42
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.)
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
by the permit expiration date, all work shall stop until a new permit is issued. (Weld County
Code Ordinance 2006-3)
REMEDY
A permit application and all applicable documentation shall be submitted for the pole barn, fees paid,
the permit issued, and all inspections completed.
RECOMMENDATION
The Department of Planning Services recommends this case be referred to the County Attorney but
delay action for 60 days to allow the owner time to save the money to pay for a new permit and be
able to continue with construction.
LETTER HISTORY
12/14/2009 Complaint Validated
12/14/2009 LTTR: Violation Notice
12/30/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
01/15/2010 Phone Call Message from Gabriela Gutierrez. She stated they are
not going to build the barn.
01/18/2010 Phone Call Left message for Gabriela that I had received her
message. This case was a"Stop Work"for a pole
building without a permit. They need to get a new
permit. I asked that she call me.
2010-0298
Violation Summary Report
01/25/2010 Property Inspected POLES SET
01/26/2010 Phone Call Left message. Inspection verifies poles have been set,
building is in progress. Permit application shall be
submitted.
01/07/2010 Certified Mail Receipt Return receipt received
01/28/2010 Office Visit Mr. Fernandez and Ms. Gutierrez were in the office
today. Per Frank and Ken, the options are to take down
the poles or obtain a new permit. They do not have the
money at this time for a new permit but would like to
continue with the building. They should have the money
in two months. If not, they will remove the poles.
(044:\{"
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
I918 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
Co
Fax: (970) 304-6498
COLORADO
December 30, 2009
JAVIER FERNANDEZ and GABRIELA GUTIERREZ
3051 WESTERN DR
HUDSON CO 80642
Subject: BCV09-00140, Lot 19, Vantage Acres#2, Weld County, Colorado
Dear Mr. Fernandez and Ms. Gutierrez:
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, 2009,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 29-8-40 "Expiration of permit."
To bring your property into compliance:
A permit application and all applicable documentation shall be submitted for the pole
barn, 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.
ply,UJZPeggy G egory U
Building Compliance Officer
pc: BCV09-00140
SERVICE,TEAMWORK. INTEGRITY,QUALITY
U.S. Postal ServiceTM
m CERTIFIED MAIL-TM RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
S
F r•ellveryinl•rmali•nvisit •ur we•ette at www.ue.s.c mp
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Postage $
,a
0 Certified Fee
0 Postmark
0 Return Receipt Fee Here
(Endorsemem ent Required)
O Restricted Delivery Required)
Fee -
'� (EndorsementDFegyire e
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Total Postage&Fees
U,
OSent To
r` Javier Fernandez & Gabriela Gutierrez
Street,Apt No.:
orPO Box No. 3051 Western DR
City,State.ZIP+4 Hudson CO 80642
PS Form 3800,June 2002 See Reverse for Instructions
SENDER: COMPLETE THIS SECTION
CSM LETS THIS SECTI•N •N •ELIVE'Y
and 3.Also complete A. Signature 0 Agent
MI Complete items 1,2,
item 4 if Restricted Delivery is desired. Az/,. ��_ _.-"------- --❑Addressee
• Print your name and address on the reverse
so that we can return the card to you. R. Received by(Printed Name) C to of elivery
• Attach this card to the back of the mailpiece, !.. c••
or on the front if space permits. D +,y T7 eddies6 different fro em t? • Yes
1. Article Addressed to:
ES,enter aeiivee\ ow: 0 No
i allJAVIER. FERNANDEZ & SAN 0� 201 ) as
GABRIELA GUTIERREZ
3051 WE 11 N 'Rf,42 i..,_;Mq De 8Ttmeflt
HUDSON 21 _ 3. Service Type
llliii C,.. ICE' El ail ❑Express Mail
❑Return Receipt for Merchandise
.iMi 08 ❑ Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number f1J0lta 60 0001 4539 4134
Monster from service 102595-02-M-1540
PS Form 3811,February 2004
Domestic Return Receipt
lit-.6-‘t. DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
( 918 10th Street, Greeley, CO 80631
\ Website: www.co.weld.co.us
E-mail Address: pgregorveco.weld.co.us
VI IIDC
Phone (970)Fax:353-6100, Ext 3568
Fax: (970) 304-6498
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
December 14, 2009
JAVIER FERNANDEZ and GABRIELA GUTIERREZ
3051 WESTERN DR
HUDSON CO 80642
Subject: BCV09-00140, Lot 19, Vantage Acres #2, Weld County, Colorado
Dear Mr. Fernandez and Ms. Gutierrez:
Permit number BCR08-01089 has now expired and the property located at 3051 Western Drive is currently in violation
of the following Section of the Weld County Code:
Section 29-3-10 "Building permit required."
Section 29-8-40 "Expiration of permit."
To bring the property into compliance with the Weld County Code:
A permit application and all applicable documentation shall be submitted for the pole barn,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 do not correct this violation within 14 (fourteen)days from December 14, 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. 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.
S' IY,
Arier
Peggy regory
Building Compliance Officer
pc: BCV09-00140
BCR08-01089
d
DEPARTMENT OF PLANNING SERVICES
1116, Building Compliance Division
918 10th Street, Greeley, CO 80631
IWebsite: www.co.weld.co.us
Address: pgregory@cc.weld.co.us
CE-mail Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
COLORADO
November 12, 2009
JAVIER FERNANDEZ and GABRIELA GUTIERREZ
3051 WESTERN DR
HUDSON CO 80642
Subject: Permit# BCR08-01089
Lot 19, Vantage Acres#2, Weld County, Colorado
Dear Mr. Fernandez and Ms. Gutierrez:
This letter is to remind you that a permit for a pole barn at 3051 Western Drive was issued on December 12,
2008. According to our records, this permit will expire on December 12, 2009, and 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
6 DEPARTIuiaNT OF BUILDING INSPECTION
NORTH OFFICE
918 10 STREET
GREELEY, COLORADO 80631
(97O ) 353-6100, ext.3540
F=AX (970;304-6498
WID . SDUORF 5
4209 CR 24.5
COLORADO LONGMONT, COLORADO 80504
(72O)652-4210, ext.8730
FAX (720)652-4211
BUILDING PERMIT EXPIRATION
Building permit no. QCR_o8- o/ o&/r
Is being issued on /off-4a- 6P
In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on:
/o? -/Q? -o 9
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. A letter will be mailed to
the property owner prior to the date the permit is to expire.
Signed C%-t �,, �j r s Date: /, ?- -OS
Relationship to Property Owner:
Respectfully,
Roger Vigil
Chief Building Official
Office Tech: O):y4
Date: /07 -/a oS-
cc: Building Permit File
Identify Results Page 1 of 3
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R6388786 Parcel#: 147317304004
Tax Area: 2214 Bordering County:
Acres: 5.43
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
01 - 65 - 17 - 3 VANTAGE ACRES FG #2 - - 19
•
Owners Name &Address: Property Address:
FERNANDEZ JAVIER& Street: 3051 WESTERN DR WELD
3051 WESTERN DRIVE City: WELD
HUDSON, CO 80642
Additional Owners:
GUTIERREZ GABRIELA
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
7/30/1999 $243,500 WD 2713113
Legal Description
2VA-19 L19 VANTAGE ACRES #2
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
yP Measure Units Value
Residential 1112 Acres 5.43
Land Subtotal: 5.43 $65,160 $5,190
Buildings Valuation Summary
Bldg# Property Type Actual Value AssessedValue
1 Residential
2 Out Building
3 Out Building
Improvements Subtotal: $180,680 $14,380
Total Property Value $245,840 $19,570
Building Details
Account#: R6388786 Parcel#: 147317304004
Owners Name&Address: Property Address:
FERNANDEZ JAVIER& Street: 3051 WESTERN DR WELD
3051 WESTERN DRIVE City: WELD
HUDSON, CO 80642
Building# Property Type
1 Residential
http://maps2.merrick.com/Website/Weld/setSq I.asp?cmd=QUERY&DET=PP&pin=147317... 2/3/2010
Identify Results Page 2 of 3
Individual Built As Detail
Built As: Split Level Year Built: 1971
Exterior: Frame Masonry Veneer HVAC: Central Air to Air
Interior Finish: Drywall Built As SQ Ft: 1858
#of Baths: 2 Roof Type:
#of Bdrms: 3 Roof Cover: Composition Shingle
# of Stories: 2
Rooms: 7 Units: 3
Garage:
Attached SQ Ft: 0 Detached SQ Ft: 576
Basement:
Total SQ Ft: 0 Finished SQ Ft: 0
Account#: R6388786 Parcel#: 147317304004
Owners Name &Address: Property Address:
FERNANDEZ JAVIER& Street: 3051 WESTERN DR WELD
3051 WESTERN DRIVE City: WELD
HUDSON, CO 80642
Building# Property Type
2 Out Building
Individual Built As Detail
Built As: Barn Year Built: 1977
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 864
# 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#: R6388786 Parcel#: 147317304004
Owners Name&Address: Property Address:
FERNANDEZ JAVIER& Street: 3051 WESTERN DR WELD
3051 WESTERN DRIVE City: WELD
HUDSON, CO 80642
Building# Property Type
3 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 2000
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 112
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
http://maps2.merrick.com/Website/Weld/setSq 1.asp?cmd=QUERY&DET=PP&pin=147317... 2/3/2010
Identify Results Page 3 of 3
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/Websi to/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=147317... 2/3/2010
TIED 11111 HIE FIE 'III 1111111111111111111 IIII
2713113 08/10/1999 03:52P Wald Canty CO
1 of 1 R 5.00 D 24.35 JR Said Taukamoto
//3 WARRANTY DEED
THIS DEED,Made this 30th day of July . 1999 ,between
REBECCA S. RICKEL
of the said County of WELD and State of COLORADO ,grantor,and
iN JAVIER FERNANDEZ AND GABRIELA GUTIERREZ
n1 whose legal address is 3051 WESTERN DR.
HUDSON CO 80642
of the said County of WELD and State of COLORADO ,grantee:
WITNESS,that the grantor.for and in consideration of the sum of TWO HUNDRED FORTY-THREE THOUSAND
FIVE HUNDRED & 00/100 DOLLARS.the receipt and sufficiency of which is hereby
acknowledged,has granted, bargained, sold and conveyed, 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,
i if any,situate,lying and being in the said County of WELD and State of Colorado described as follows:
LOT 19,
VANTAGE ACRES, FILING NO. 2,
COUNTY OF WELD, STATE OF COLORADO
,r )
U
also known by street and number as:3051 WESTERN DR., HUDSON, CO 80642
A � TOGETHER with all and singular the herediraments and appurtenances thereto belonging,or in anywise appertaining,and the reversion
\\ ' and reversions, remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and demand what-
soever of the grantor,either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances.
MTO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances.unto the grantee,his heirs and
assigns forever. And the grantor,for himself,his heirs,and personal representatives, does covenant,grant,bargain,and agree to and with
the grantee, his heirs and assigns, that at the time of the ensealing 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 as 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
• GENERAL TAXES AND/OR SPECIAL ASSESSMENTS DUE AND PAYABLE FOR THE YEAR 1999
III AND SUBSEQUENT YEARS, AND SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS,
I 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 grantee,his heirs and assigns.against all and every person or persons lawfully claiming the whole or any pan 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 fonh above.
,€� �/ '-org p
REBECCA S. RICEEL
State.of. COLORADO
' • )as.
County of WELD
' The foregoitl ihsenument was acknowledged before me this 30th day of July , 1999 ,
by REBECCA S.•RICEEL ,/
My commission expires//79Y�a////jjj . Witness my hand .io ial seal.
Notary Public
File No.99433242 Union-al Lend Tide of Colorado,Inc.
No.92IA WARRANTY DEED fro Joint Tament
Rev.9/97
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