HomeMy WebLinkAbout20100960.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING BCV#1000009 AGAINST SHAWN OLSEN 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, Shawn Olsen, BCV #1000009, 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 11th day of May, 2010, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Shawn Olsen was 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 June 11, 2010, to allow adequate time for the property owner(s) to obtain a new
electrical permit and have all inspections completed, 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#1000009 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Shawn Olsen 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 June 11, 2010,to allow adequate time for the property owner(s)to bring the
subject property into compliance by obtaining a new electrical permit and having all inspections
completed.
4 O 2010-0960
PL0824
VIOLATIONS - BCV#1000009 - SHAWN OLSEN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of May, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
LD COUNTY COLORADO
Asn
ATTEST: CCaC -2
1861 V` ' 4 Douglas ademacher Chair
Weld County Clerk to th.,=o- • v j
CS- EXCUSED
A . e4' Barbara Kirkmeyer, Pro-Tern
Dep t Clerk 7 he Board L
Sin P'onway
APP D AS TO f M:
Willa�ii arcia
County A torney EXCUSED
David E. Long
Date of signature: lc 1110
2010-0960
PL0824
Violation Summary Report
BASIC INFORMATION
OLSEN SHAWN D & 36535 CR 74 BRIGGSDALE, CO 80611
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV10-00009
Situs Address: 36535 CR 74
Legal: PT 31 7 62 BEG SW COR THENCE N89D59'E 1288.88' TO TPOB
THENCE N89D59'E 1290.00'THENCE NOD06'E 2702.44' THENCE
N90D0'W 1290.00'THENCE SOD06'W 2702.55' TO TPOB (.90R)
Location: Location North of and adjacent to CR 74, East of Highway 392
North Agricultural property
South Agricultural property
East Agricultural property
West Agricultural property
Parcel Number: 071531300005-R7460697 Acreage: 79.97
Certified Mail Date: 04/23/2010
Currently the property is in violation of:
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.
29-8-40 "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.
REMEDY
A permit application and all applicable documentation shall be submitted for electrical service in an
agricultural exempt building, fees paid, the permit issued, and all inspections completed.
RECOMMENDATION 2010-0960
Violation Summary Report
Staff recommends this case be referred to the County Attorney for immediate action as Mr. Olsen has
not responded to my messages and has not submitted a new permit application.
LETTER HISTORY
01/27/2010 Complaint Validated
01/27/2010 LTTR: Violation Notice
04/23/2010 LTTR: Hearing Notification
OTHER CASE HISTORY
02/09/2010 Phone Call Phone call from shawn Olsen. He has been unable to
complete the electrical due to the weather. He will write
a letter stating he will get a new permit when he is able to
install the electrical.
02/18/2010 Phone Call Phone call to Shawn Olsen to remind him I need a letter
stating he will get a new permit when he is able to
continue with the electrical work. He will put it in the mail
on 02/19/10.
03/02/2010 Phone Call Left message for Shawn Olsen to call me.
03/12/2010 Phone Call Left message for Shawn to call me. If I do not receive
his letter, I will schedule with the BOCC.
03/24/2010 Phone Call Mailbox full - unable to receive messages
Phone Call Phone call from Shawn Olson. He will be in to get a new
electrical permit.
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
1555 N 17'" AVE, Greeley, CO 80631
C Website: www.co.weld.co.us
O E-mail Address: pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
COLORADO Fax: (970) 304-6498
April 23, 2010
SHAWN D OLSEN
36535 CR 74
BRIGGSDALE CO 80611
Subject: BCV10-00009, Part of Section 31, T7N, R62W, of the 6th P.M., Weld County, Colorado
Dear Mr. Olsen: •
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on May 11, 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 29-5-10 "Electrical 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
electrical service in an agricultural exempt building,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.
ly
ant
liti
Peggy Gregory
Building Compliance Officer
pc: BCV10-00009
SERVICE,TEAMWORK, INTEGRITY, QUALITY
DEPARTMENT OF PLANNING SERVICES
ti\KrtHil
Building 918 0t Compliance G Division
10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
' E-mail Address: poregorvco.weld.co.us
Phone: (970) 353-6100, Ext. 3568
C. Fax: (970) 304-6498
COLORADO -
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
January 27, 2010
SHAWN D OLSEN
36535 CR 74
BRIGGSDALE CO 80611
Subject: BCV10-00009, Part of Section 31, T7N, R62W of the 6th P.M., Weld County, Colorado
Dear Mr. Olsen:
Permit number BCR09-00781 has now expired and the property located at 36535 County Road 74 is currently in
violation of the following Section of the Weld County Code:
Section 29-5-10 "Electrical permit required."
Section 29-840 "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 electrical service in an agricultural exempt building,
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 January 27, 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. 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.
ely,
Peggy Gregory
Building Compliance Officer
pc: BCV10-00009
BCR09-00781
a
Kit
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO 80631
I Website: www.co.weld.co.us
111 D Co E-mail Address: pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
COLORADO
December 17, 2009
SHAWN D OLSEN
36535 CR 74
BRIGGSDALE CO 80611
Subject: Permit# BCR09-00781
Part of Section 31, T7N, R62W, of the 6`h P.M., Weld County, Colorado
Dear Mr. Olsen:
This letter is to remind you that an electrical permit for service in an agricultural exempt building at 36535
County Road 74 was issued on October 26, 2009. According to our records,this permit will expire on January
24, 2010, 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.QUALI fY
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.
Sincerely,
6121?friSti
Peggy Gregory
Building Compliance Officer
pc: BCR09-00781
SERVICE.TEAMWORK.INTEGRITY.QUALITY
identify Results Page 1 of?
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R7460697 Parcel#: 071531300005
Tax Area: 3876 Bordering County:
Acres: 79.13
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
07 - 62 - 31 - 3 - -
Owners Name& Address: Property Address:
OLSEN SHAWN D & Street: 36535 74 CR
36535 CR 74 City: WELD
BRIGGSDALE, CO 80611
Additional Owners:
OLSEN KELLY C &
HANSMAN CHRISTINE L &
HANSMAN GARY L
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
7/20/2005 $215,000 WD 3306823
Legal Description
PT 31 7 62 BEG SW COR THENCE N89D59'E 1288.88'TO TPOB THENCE N89D59'E 1290.00' THENCE NODO6'E 2702.44' THENCE
N9ODO'W 1290.00'THENCE SODO6'W 2702.55' TO TPOB (.90R)
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Agricultural 4147 Acres 17.3
Agricultural 4147 Acres 61.83
Land Subtotal: 79.13 $1,852 $540
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Residential
Improvements Subtotal: $100,592 $8,010
Total Property Value $102,444 $8,550
Building Details
Account#: R7460697 Parcel#: 071531300005
Owners Name &Address: Property Address:
OLSEN SHAWN D& Street: 36535 74 CR
36535 CR 74 City: WELD
BRIGGSDALE, CO 80611
Building# Property Type
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=071531... 5/3/2010
Identify Results Page 2 of 2
1 Residential
Individual Built As Detail
Built As: Modular Year Built: 1998
Exterior: Frame Hardboard HVAC: Forced Air
Interior Finish: Drywall Built As SQ Ft: 1886
# of Baths: 2 Roof Type:
# of Bdrms: 3 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 6 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.mcrrick.com/Website/Weld/sctSgl.asp?cmd=QUERY&DET=PP&pin=071531... 5/3/2010
111111111111211111 It'll 111111111111111 III VIII
3306823 07/ 03:40P Weld County,CO
11111NI
After Recording Return to: 1 °f 2 R 11.00 0 21.50 Steve Moreno Clerk&Recorder
Shawn 0.Olson
36535 Weld County Road 74
Briggsdale,CO 80611
WARRANTY DELI)
This Deed,made,July 20,2005
Between Robert'1'. Ferguson and Dianna G.Ferguson of the County Weld,State of COLORADO,
grantogs)and Shawn D.Olson and Kelly C.Olson and Christine L.Hausman and Gary L.
Hausman, as Joint Tenants whose legal address is 36535 Weld County Road 74,Briggsdale,CO 80611 County
of Weld,and State of COLORADO,grantee.
WITNESS, That the grantor, for and in the consideration of the sum of TWO HHNDRF..D FIFTEEN
THOUSAND AND 00/100 DOLLARS ($215,000.00 ) the receipt and sufficiency of which is hereby
acknow Edged, has granted,bargained,sold and conveyed, and by these presents does grant,bargain,sell,convey and
confirm,unto the grantee.their heirs and assigns forever,all the real property together with improvements.if any,situate,
lying and being to the County of Weld.State of COLORADO described as follows:
See Exhibit B attached hereto and made a part hereof.
also known by street and number as 36535 Weld County Road 74, Briggsdale,CO 80611.
TOGE'T'HER with all and singular hereditaments and appurtenances.thereunto 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 whatsoever of the grantor,either in law or equity,of,in and to the above bargained
premises,with the hereditaments and appurtenances.
TO HAVE AND TO HOLD said premises above bargained and described,with the appurtenances,unto the grantee,
his hens 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 deliver y of these
presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of
inheritance,in low.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 oilier grants,
bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind of nature so ever,except for
taxes for 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 8a(Tine Review)of the contract dated May 21,2005,between the parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and
peaceable possession of grantee,his heirs and assigns,against all and every person or persons lawfully claiming the
whole or any part 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 on the date scr forth above.
SELLERS:
cf
1 �✓ � � j%a,e.
Robert T.Ferguson Dianna G.Ferguson
S lATE OF COLORADO }ss:
COUNTY OF WELD
The foregoing instrument was acknowledged subscribed and sworn to before ine July 20,2005 by Robert T.Ferguson
and Dianna C.Ferguson.
Witness my hand and official seal.
tiF Z-w��y/
t NOTARY' .1 _ / f.2 V
y� Notary Public/ — -
My Commission expires:
1_d%,PUBLIC/4.1 wn Waits Deed 11)"t a*S ii Eap'ares 0.1014/2009FS('ROw NO.RE6-HOOi6)fiRARa-TM.x
Exhibit B
Part of Section 31,Township 7 North.Range 62 West of the 6''P M.,County of Weld,State of Colorado,being more particularly
described as follows:
Beginning at the Southwest comer of Section 3I and considering the South line of the SW'A as bearing North 89°59'44"East and
with all other bearings contained herein relative thereto:
Thence North 89'59'44"East along the South line of the SW 1/4 1,288.88 feet to the True Point of Beginning:
Thence continuing North 89°59'44"Fast on the South line of the SW'h,1,290.00 feet;
Thence North 0°06'38"East,2,702.44 feet:
Thence North 90°00'00"West,1,290.00 feet;
Thence South 0'06'38"West,2,702.55 feet to a point on the South line of the SW'G and the Truc Point of Beginning.
TOGETI IER WITH an undivided one-fifth interest in and to a private roadway as described as follows:
Purl of Section 31,Township 7 North.Range 62 West of the 6�"P.M,County of Weld,State of Colorado,being more particularly
described as follows.
Beginning at the South Quarter comer of Section 31,and considering the South line of the SW'G of Section 31 as bearing South
89°59'44"West and with all other bearings contained herein relating thereto.
Thence South 89°59'44"West along the South line of the SW'G of Section 31,11.91 feet to a point on the West right-of-way line of
Wells Drive.
Thence North 0°06'38"Fast,along the West right-of-way line of Wells Drive,2,702.45 feet;
1'henee North 0°00'00"West,30.00 feet;
Thence along the arc of a curve to the right whose chord bears North 00'00'00"Fast 120.00 feet,whose radius is 60.00 feet, and
whose central angle is I80°00'00";
Thence North 0'00'00"West.30.00 feet to a point on the East right-of-way line of Wells Drive;
Thence South 0'6'38"West along the East right-oGway Inc of Wells Drive,2,702.21 feet to a point on the South line of the SE'A of
Section 31;
Thence South 89'43'9"West,along the South line of the SE'4 of Section 31,48.09 feet,m the South Quarter corner and the Point of
Beginning.
County of Weld,State of Colorado
1IIIII 1110IIIII1111111IIII ilt
2 of 2 R 11,00 D 21,50 Steve Moreno Clerk&Recorder
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