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Home My WebLink About20100471.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION BCV#0900115 AGAINST MARCIA SCHMELZLE 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, Marcia Schmelzle, BCV#0900115, 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 9th day of March, 2010, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Marcia Schmelzle, property owner, was present at said hearing, and WHEREAS, the Board deems it advisable to refer said matter back to the Department of Planning Services, with the instruction to extend the building permit for a period of six (6) months and to waive any associated fees. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that BCV#0900115 against Marcia Schmelzle be,and hereby is, referred back to the Department of Planning Services,with the instruction to extend the building permit for a period of six (6) months and to waive any associated fees. 2010-0471 PL0824 (1(1P-, (N //b VIOLATIONS - BCV#0900115- MARCIA SCHMELZLE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of March, A.D., 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: JCQvvlan.\ rs a ' ` Dougla Radem her, Chair Weld County Clerk tot IBS 4, _ j,\ 1(71 6iL ara Kirkmeyer, Pro-Tem BY: lerk to the Boa Sean P. Coo way A OVFD AS FO : (LE( 2k Will(arn F. Garcia ounty Attorney &J c-J J David E. Long / Date of signaturen3/rm/ co 2010-0471 PL0824 Violation Summary Report BASIC INFORMATION SCHMELZLE MARCIA L 2111 CR 10 ERIE, CO 80516 Tenant: Compliance Officer: Peggy Gregory Violation Number: BCV09-00115 Situs Address: 2111 CR 10 Legal: 248041 PT S2SW4 9 1 68 (N4A E10A OF W20A)EXC UPRR RES SITUS: 2111 10 CR WELD 00000 Location: Parcel Number: 146709000030-R5704786 Acreage: 4.02 Certified Mail Date: 02/12/2010 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 to complete inspections on the single family dwelling,fees paid,the permit issued,and all inspections completed. RECOMMENDATION LETTER HISTORY 10/21/2009 Complaint Received 10/22/2009 Complaint Validated 12/29/2009 LTTR:Other Letter 02/03/2010 LTTR: 10 Day Letter 02/12/2010 LTTR: Hearing Notification OTHER CASE HISTORY 10/22/2009 Property Inspected OBSERVED BASEMENT BEING INHABITED AND KITCHEN ON FIRST FLOOR- 10-DAY NOTICE VIOLATION NOTICE: 1.OCCUPANCY NOT ALLOWED UNTIL CO IS GRANTED 2. SCHEDULE TCO INSPECTION WITHIN 10 DAYS TO AVOID LEGAL ACTION 3. CONTACT BUILDING AND FIRE DEPARTMENTS TO DETERMINE MINIMUM REQUIREMENTS FOR TCO. 11/03/2009 Phone Call Left message for owner to call me regarding TCO. 11/04/2009 Phone Call Phone message from Marcia Schmelzle. She is out of town. She is waiting on an answer from Bill Ritter regarding the electrical. She should be ready to schedule an inspection by 11-09-09. 11/05/2009 Phone Call Left message for Marsha to call me regarding scheduling inspection. 2010-0471 Violation Summary Report 11/17/2009 Phone Call Left messasge for Marcia to call me regarding occupancy violation. 11/18/2009 Phone Call Left message for owner to call me. 11/20/2009 Phone Call Ken Swanson left owner a message to call regarding occupancy without C/O. 11/23/2009 Phone Call Owner placed a call to Ken Swanson. He asked what number she could be reached at any time today- 970-635-1804 11/23/2009 Phone Call Spoke to Marcia on 11/23/09 at approximately 2:04 p.m. she agreed she will not spend the night in the residence until she obtains a C/O. She is aware the permit expires on 01/19/10 and will have the house completed by then. 01/21/2010 Phone Call Phone call to Marcia Schmelzle. I informed her that the current permit has now expired and she will need to get a new one to complete inspections. She stated that she was not living there. 10/21/2009 Phone Call Phone call from Mountain View Fire Protection District that the owner is living in the basement of the dwelling without a Certificate of Occupancy. DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 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 February 12. 2010 MARCIA SCHMELZLE 2111 CR 10 ERIE CO 80516 Subject: BCV09-00115, Part of the S2SW4 of Section 9, Ti N, R68W, of the 6th P.M.,Weld County, Colorado Dear Ms. Schmelzle: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on March 9, 20df, 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." To bring your property into compliance: A permit application and all applicable documentation shall be submitted to complete inspections on the single family dwelling, 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. erely, Pegglytregoryrt Building Compliance Officer pc: BCV09-00115 SERVICE.TEAMWORK, INTEGRITY,QUALITY U.S. Postal ServiceTM : CERTIFIED MAILS, RECEIPT (Domestic-Mall Only;No Insurance Coverage Provided) a- `F a.eliveryinf rmatl rtviait•ur we•siteatwwww•s:c•nrs m ui Postage $ Certified Fee - 0 O Return Receipt Fee Postmark (Endorsement Required) Here odors edm Delivery tRcaFee(Endorsement e ) r-9 Total Postage&Fees trl Cr Sent To r Marcia Schmelzle J Street,Apt.No.; or PO Box No. 2111 CR 10 City,State,ZIP+4 Erie CO :0 1. PS'Form 3800,June 2002 See Reverse for Instructions. SENDER:COMPLETE THIS SECTION C.M'LETE THIS SECTI.N .N .ELIYc'y • Complete items 1,2,and 3.Also complete A. Sign:,;I� item 4 if Restricted Delivery is desired. _d gent • Print your name and address on the reverse X CI Addressee so that we can return the card to you. B R rived b (Prig fed Name) C. Date of Delivery �-� • Attach this card to the back of the mailpiece, ✓`C 2`, ),8C or on the front if space permits. iJ D. its ? ❑Yes 1. Article Addressed to: If YES,itetfi tY i i a 'ss`agglERr no No ICE MARCIA SCHMELZLE 2111 CR 10 NrN19 ?nip ERIE CO 80516 ECEiVED 3. Se I a Certified Mail O Express Mail ❑ Registered O Return Receipt for Merchandise ❑Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1160 0001 4539 4271 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 DEPARTMENT OF PLANNING SERVICES 0t Compliance Division 9 r'♦j� 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us lID E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 CFax: (970) 304-6498 • COLORADO February 3, 2010 MARCIA SCHMELZLE 2111 CR 10 ERIE CO 80516 Subject: BCV09-00115 Part of the S2SW4 of Section 9, Ti N, R68W of the 6th P.M., Weld County, Colorado Dear Ms. Schmelzle: As you were previously informed, permit number BCS-070130 for a new single family dwelling has expired and it will be necessary to obtain a new permit to complete the required inspections and receive a Certificate of Occupancy. Following the inspection of February 1, 2010, it has been determined that the following inspections remain to be completed with corrections as noted by Dennis Renley: Final heating Final plumbing Final building Fire District approval Based on this information, the fee for the new permit will be$299.67. Failure to submit a new permit and pay the required fees within 5(five)working days from the date of this letter will result in further violation action and is subject to go before the Board of County Commissioners with written notice. Thank you for your cooperation in this matter. Should you have any questions or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. Sincerely, gledy lane Peggy Gregory Building Compliance Officer pc: BCV09-00115 Kenneth Swanson, Building Official Dennis Renley, Building Inspector 41,(\.1(410 DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 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 ei Fax. (970) 304-6498 COLORADO December 29, 2009 MARCIA SCHMELZLE 2111 CR 10 ERIE CO 80516 Subject: Permit# BCS-070130 — Part of the S2SW4 of Section 9, Ti N, R68W of the 6'h P.M., Weld County, Colorado Dear Ms. Schmelzle. On July 23, 2009, you were granted an extension on the above noted permit for a new single family dwelling at 2111 County Road 10. According to our records, that extension is due to expire on January 19, 2010. Failure to complete all inspections and receive the Certificate of Occupancy by the expiration date will result in expiration of the permit. a violation notice, 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. Sin e ,Peggy Gregory V Building Compliance pc: BCS-070130 BCV09-00115 SERVICE,TEAMWORK.INTEGRITY.QUALITY tai (‘ , DEPARTMENT OF PLANNING SERVICES Code Compliance Division C 918 10's Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO t1byV�/�_ - utas tedi ZONING and/or BUILDING CODE COMPLAINT FO Satierx, 44t Complaint Initiated by: / El ZONING CODE COMPLAINT ElStafNName ❑ Citizen [✓Other O HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL.CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS /PEST&WEEDS Date Complaint was received: /0 01/ 1 09 Pending Case# (i.e. USR. RE, SE, ect._):Legal Description S&41 9 /-61 Parcel#: 5/67-0 9-Q z:20'03o Violation Address: 7/// ae /O ��JJ pp e0 J 5�6 Property Owners Name: % (!!__ e(Lt, ,J&4#9'1atl Phone: Property Owners Address: Tenant's Name: Phone: Tenant's Address: NATURE OFCOMPLAINT: . (l{q7� ..6 Vi2 u" e - /tt/ CA; 6A./LHv n .4-07 An Ks., .Ly 4...r.6‘44 4--,e----/ c_VrAw.. c47 l'' 74 • Additional Notes: �l Q # 3 s- Q 70/30 Attea2 9zo-a9a-317/ 1 111111 1110 111111111111 1:11 1111 11111 VIII 1111 111 524 3437524 11/27/2006 03:46P Weld County, CO 1 of 2 R 11.00 D 23.50 Steve Moreno Clerk d Recorder WHEN RECORDED RETURN TO: Marcia L. Schmelzle SDF$23.50 2?i�^rRZL 3wt Sunw.c CA- Cic, CO 00536 Lc l«nd, CO 6 OSS% WARRANTY DEED THIS DEED,dated November 15, 2006, between CWB George C.Jones and Jane A. Maxwell of the County of Weld and State of Colorado, grantor(s), and n'�n"'_�^"^�,��.;e — Marcia L.Schmelzle, " whose legal address is 2111 WCR 10,Erie,CO 80516,of the County of Weld and State of Colorado,grantee(s): WITNESS,that the grantor(s),for and in consideration of the sum of Two Hundred Thirty Five Thousand and 00/100 Dollars ($235,000.00), 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 grantee(s), County heirs and Weld n his sigs f orever,of Colorado,l the described realpas followsperty, : together with Improvements, if any, situate, lying and beingin SEE ATTACHED EXHIBIT"A" also known by street and number as: 2111 WCR 10, Erie,CO 80516 TOGETHER with alt and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues ui law or p perofits th r of, and f, and all the ll the estate, right, title, interest, claim and demand whatsoever of the grantor(s), above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his his heheirs, and that of l time of the representatives,ensealing oes covenant, grant, bargain and agree to and with the grantee(s), his heirs 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 whatsoever, except general taxes for the year 2006 and subsequent years, and except easements,covenants, conditions,restrictions,reservations,and rights of way of record,if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), 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 WIT ESS WHERE F,the grantor has execut is deed o h date set fortve. eorge C.Johes la a A. Maxwell i JENNIFER L. ENGFLKING NCT;Rv f°UE!.IC STATE OF COLORADO 1�,,^, / )SS 1 STATE Or COLORADO I+_II COUNTY OF V-m-t.lfcY r ) 1 The foregoing instrument was acknowledged before me on II II 5H-O ' by George C. Jones and Jane A. Maxwell. Witness my hand and official seal. �--"---" My Commission Expires: 1\,Cl�hOlO ot'ry P File No.: CWLM0001479 11/15/06 12:54 PM WD Indv to Indv-DOC 13437524 111111111$11111111111 1 1116 IIIIIIIIh 11!11111 11127/2006 03:46P Weld County,CO 2 01 2 R 11.00 0 23.50 Steve Moreno Clerk&Recorder Exhibit"A" The North 4 acres of the East 1/2 of the West 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 9,Township 1 North, Range 68 West of the 6th P.M., Together with a nonexclusive easement of Ingress and Egress to the within described Tract, 15 feet in width extending 15 feet East from the North-South centerline of the Southwest 1/4 of the Southwest 1/4,Section 9,Township 1 North, Range 68 West of the 6th P.M.,from the South Section line to the North 4 acres,above described, County of Weld,State of Colorado File No.:CWLM0001479 11/15/06 12:54 PM WD Indv to Indv-DOC Peggy Gregory From: LuAnn Penfold [Ipenfold@firehousemail.com] Sent: Monday, March 08, 2010 12:59 PM To: Peggy Gregory Subject: 2111 CR 10 Good Afternoon Peggy, With regard to this site, I did a rough inspection on the sprinkler piping. The owner called me to do the final without a sprinkler contractor present and I found that the system did not meet code as it had not been properly trimmed, the antifreeze had drained out and the owner had done some of the work herself on the system, which is against state law. She had informed me that she had fired her sprinkler contractor. I informed her that she would need to get another contractor to final out the system as I would not come back until such time as a sprinkler contractor contacted me regarding the project. LuAnn Penfold Fire Marshal Mt. View Fire District ****»*.***** ***** THE WEB'S SOURCE FOR FIRE SERVICE TRAINING Drill Downloads, Live Events, Article Features &More http:!(www.firehouse.com/training/ GET THE BEST FIREFIGHTING CONTENT&FEATURES Join Firehouse.com's MembersZone Today http://cros.fi rehouse.com/launch/ EXHIBIT 1 I SC,i. Hello