HomeMy WebLinkAbout20100717.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST ABELARDO VEGA 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, Abelardo Vega, BCV#1000033, 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 13th day of April, 2010, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Nancy Vega, representative for the property owner,was present 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 May 13, 2010, in order to allow adequate time for the property owner to submit an
application for a building permit.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that BCV#1000033 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Abelardo Vega 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 May 13, 2010, to allow adequate time for the property owner to submit an
application for a building permit.
2010-0717
(C.. A/ /J/OZ 5//O/O PL0824
VIOLATIONS— BCV#1000033—ABELARDO VEGA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of April, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
I II,/�,� LD COUNTY, COLORADO
ATTEST: .fi 1'
-� �ti '�. $ -,� .���_ _.cn/
�. alas ademacher, hair
Weld County Clerk to the Board
"-7 � � USED
arbara Kirkmeyer, Pro-Tem
BY:
Depu y Clerk t he oard
Sean P. Conway
A O D M:
Wi o5rci
u1ttorney oW
t
David E. Long
Date of signature: 513110
2010-0717
PL0824
67, Planning Department
lk BUILDING VIOLATION CASE SUMMARY
COLORADO
Violation Number: BCV10-00033 Compliance Officer: Peggy Gregory
PRIMARY OWNER: Situs Address: 101 E 18TH ST
VEGA ABELARDO
Mailing Address: 1711 E 16 ST
GREELEY, CO 80631
Phone:
SECONDARY OWNER:
Mailing Address:
Phone:
VIOLATION CONTACTS:
PARCEL:
096109300025-R3334486 Acreage: 0.26
Legal Description: 12313 PT L5 NW4SW4 9 5 65 BEG AT SW COR L5 NW4SW4 E161.2'N116.15'W161.2'
S116.15'TO BEG(TR 5B) EXC PORTION FOR R/W OF 1ST AV
LOCATION:
Location : NORTH OF AND ADJACENT TO EAST 18TH,
EAST OF 1ST STREET
North : C-3
South : CITY OF GREELEY
East : C-3
West : CITY OF GREELEY
NOTIFICATION INFORMATION:
Certified Date •
Certified Reference Number : 7003 1010 0002 8989 4031
USPS Date
Posted Date •
VIOLATION DESCRIPTION:
VIOLATION REMEDY:
Remedy 1 :
A permit application and all applicable documentation shall be submitted for the remodel of a restaurant,fees
paid,the permit issued,and all inspections completed.
Remedy 2 :
Remedy 3 :
Report ID: CODE00027v002 Page 1 of 2
Print Date-Time: 3/23/2010 2:13:45PM
2010-0717
fitw Planning Department
lk BUILDING VIOLATION CASE SUMMARY
COLORADO
RECOMMENDATION:
WORKFLOW SUMMARY:
Case Initiation 03/12/2010 Initiated
Violation 03/12/2010 Violation Notice Letter
Violation 03/22/2010 Hearing Notification
OTHER CASE HISTORY:
INSPECTION SUMMARY:
•
Report ID: CODE00027v002 Page 2 of 2
Print Date-Time: 3/23/2010 2:13:45PM
•
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division(41, 918 Tenth Street
Gr
eeley,Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: pgregory@co.weld.co.us
PHONE: 970-353-6100 x3568
r C FAX: 970-304-6498
COLORADO
March 22, 2010
Vega Abelardo _
1711 E 16 St
Greeley, Co 80631
Building Violation Case: BCV10-00033 r \\\
Legal Description: 12313 PT L5 NW4SW4 9 5 65 BEG AT SW COR L5 NW4SW4 E161.2'NI 16.'15'
W161.2'S116.15'TO BEG (TR 58) EXC PORTION FOR R/W OF 1ST AV
Situs Address: 101 E 18Th St
Dear Vega Abelardo:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on
04/13/2010 at 10:00 AM .
•
The above mentioned property remains in violation of the following Saction(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.)
To bring your property into compliance with the Weld County Code:
A permit application and all applicable documentation shall be submitted for the remodel of
a restaurant,fees paid, the permit issued,and all ipspections completed..
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 ores 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.
C
Page 1 of 2
Report ID: CODE000028v001 Print Date-Time: 3/22/2010 ,10:39:03AM
DEPARTMENT OF PLANNING SERVICES
(te (7:Lt;..;\\Nis\ Building Compliance Division
918 Tenth Street
Greeley, Colorado 80631
1111D
WEBSITE: www.co.weld.co.us
P9regory@co.weld.co.us
PHO t X 970-304-6498N100 x3568
FA ,
n
COLORADO •
Sincerely,
\Jf[ ,
Peggy Gregory U.S. Postal ServiceTM
Building Compliance Officer H CERTIFIED MAILTM RECEIPT
Ale: BCV10-00033 0 (Domestic Mail Only;No Insurance Coverage Provided)
F r•elivery int rmatl•n visit•ur we•slte at www.us•s.c•mo
auk '
Postage $
ru
Certified Fee
p Pod Return Redept Fee Here
(Endorsement Required)
O Restricted Delivery Fee
H (Endorsement Required) ,
Total Postage 8 Fees $
rn
O Sent To
o Abelardo Vega
'Street,Apt.No.;
orPO6oxNo. 1711 E 16 ST
City,State,z/P+4
Greeley CO 80631
PS Form 3800,June 2002 See Reverse for Instructions
• t
•
Page 2 of 2
Report ID: CODE000028v001 Print Date.-Time: 3/22/2010 10:39:03AM
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO
el 80631
Website: www.co.weld.co.us
E-mail Address: pgregory(&co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
CFax: (970) 304-6498
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
March 12, 2010
ABELARDO VEGA
1711 E 16 ST
GREELEY CO 80631
Subject: BCV10-00033, Part of L5, NW4SW4 of Section 9, T5N, R65W of the 6th P.M., Weld County, Colorado
Dear Mr. Vega:
It has been determined that the property located at 101 East 18'"Street is currently in violation of the following Section
of the Weld County Code:
Section 29-3-10"Building permit required."
To bring your property into compliance with the Weld County Code:
A permit application and all applicable documentation shall be submitted for the remodel of a
commercial 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 fail to correct this violation within 10(ten)days from March 12,2010. 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.
Sinf�ly,C�
(/ 0(!
arer
Peggy Gregory
Building Compliance Officer
pc: BCV10-00033
COMP10-00008
Planning Department
look COMPLAINT
COLORADO
Situs Address: 101E 18TH ST
Complaint Number: COMP10-00006
WELD, CO 80631
Complaint Status: Case Initiated
File Date/Time: 2/16/2010 12:00:00AM
Complaint Description; REMODEL OF RESTAURANT WITH NO PERMIT
Owner: VEGA ABELARDO
Mailing Address: 1711 E 16 ST
GREELEY,CO 80631
Parcel: 096109300025-R3334486
Legal Description: 12313 PT L5 NW4SW4 9 5 65 BEG AT SW COR L5 NW4SW4 E161.2'
N116.15'W161.2'3116.15 TO BEG(TR 58)EXC PORTION FOR R/W OF
1ST AV
COMPLAINT DETAILS:
General Location Description •
Date of Complaint : 02/16/2010
Complaint Initiated By : Weld County Staff
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 2/16/2010 3:31:34PM Received Peggy Gregory
INSPECTION SUMMARY:
•
Report ID: CODE00011v001 Page 1 of 1
Print Date-Time: 2/16/2010 3:40:59PM
•
triz;ts„,rit DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
C
918 10th Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540
Fax: (970) 304-6498
- COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
/ Complaint Initiated by:
• ZONING CODE COMPLAINT I� Staff/Name: ❑ Citizen ❑ Other
❑ 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: cal' /O
Pending Case# (i.e. USR, RE, SE, ect...):Legal Description: ) 2cA/W45W4 9-5-65 Parcel#: o96/-09-.5-06-0a5
Violation Address: /O/&i i ,A �e�� (/ [ "Q d 063/
Property Owners Name: (214:24'44/(/p 1 �� /� /� o Phone: 97e- 410.5369/
Property Owners Address: /7/i 6' �6 I4 T�� O C_'0 p 06.3/
Tenant's Name: Phone:
Tenant's Address:
NATURE OF COMPLAINT: //Y7h/Z&L �i2la zzata„,21 A/N. .. lxaruvr7rti
Additional Notes:
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Parcel#: 096109300025
Account*: R3334486
Tax Area: 0604 Bordering County:
Acres: 0.2075
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
OS - 65 -09 - 3 UNION COLONY LANDS - - 5
Owners Name &Address: Property Address:
VEGA ABELARDO Street: 101 E 18 ST WELD
1711 E 16 ST City: WELD
GREELEY, CO 80631
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
8/31/2006 $70,000 WD 3416921
Legal Description
12313 PT L5 NW4SW4 9 5 65 BEG AT SW COR L5 NW4SW4 E161.2' N116.15' W161.2' S116.15'TO BEG (TR 5B) EXC PORTION
FOR R/W OF 1ST AV
Land Valuation Summary
Unit of Number of Actual Value Assessed
Land Type Abst Code Measure Units Value
Commercial 2130 Square Feet 9037
Land Subtotal: 9037 $18,074 $5,240
Buildings Valuation Summary
Actual Value Assessed
Bldg# Property Type Value
1 Commercial
Improvements Subtotal: $61,631 $17,870
Total Property Value $79,705 $23,110
Building Details
Account#: R3334486 Parcel*: 096109300025
Owners.Name&Address: Property Address:.
VEGA ABELARDO Street: 101 E 18 ST WELD
1711 E 16 ST City: WELD
GREELEY, CO 80631
Building# Property Type
1 Commercial
Individual Built As Detail
Built As: Service Garage Year Built: 1932
Exterior: HVAC: Space Heater
Identify Results Page 2 of 2
Interior Finish: Built As SQ Ft: 1678
# of Baths: 0 Roof Type: Flat
# 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:
IRIDIUM Hill 110111111111
I I I
3416921 0910512006 10:10A Weld County,CO
1 of 2 R 11.00 D 7.00 Steve Moreno Clerk&Recorder
9i -4et, LC
WARRANTY DEED y' pp
THIS DEED,Made this 31st day of August,2006 between
Sebo Properties,LLC,A Colorado Limited Liability Company
of the County of Weld,State of Colorado,grantor and
whose do legal aga
dd // ��rill
whose legal address is:401 8th A..,6...1.,,Q,00631, p��i � V ,vl
of the County of Weld,State of Colorado,grantee:
WITNESSETH,That the grantor for and in consideration of the sum of Seventy Thousand Dollars and
NO/100's($70,000.00)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,his
heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in
the County of Weld,and State of COLORADO,described as follows:
See Exhibit A attached hereto and made a part hereof.
also known by street and number as 101 East 18th Street,Greeley,CO 80631
TOGETHER with all and singular the 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 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,hill 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 all taxes and
assessments for the current year,a lien but not yet due or payable,and those specific Exceptions described by
reference to recorded documents as reflected in the Title Documents accepted by Buyer m accordance with
section 8a"Title Review",of the contract dated,between the parties.
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 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 deed on the date set forth above.
SELLER:
Sebo Properties,LLC CHARION GREENSMITH
/3 L41. • NOTARY PUBLIC
by Robert Sebo Behrends.manager STATE OF COLORADO
My Commission Expires Mar.6,2007
STATE OF COLORADO }SS:
COUNTY OF Weld
The foregoing instrument was acknowledged before me this 31st day of August,2006 by Robert Sebo
Behrends,manager of Sebo Properties,LLC,A Colorado Limited Liability Company
Notary Public
Witness my hand and official sea /
My Commission expires: ?J G 7
G eStv �d t
a /7/I S.��/1.4
LD S'06
WDPHOTO Security Titl
Warranty Deed(For Photographic Record)updated PP2006 File No.SoMQ
� .Si3 1
Exhibit"A"
All that part of Lot 5 of the Northwest Quarter of the Southwest Quarter of Section 9,Township 5 North,Range
65 West of the 6"P.M.,according to the subdivision of lands by the Union Colony of Colorado,being more
particularly described as follows:
Beginning at the Southwest corner of Lot 5,thence East 161.2 feet,thence North 116.15 feet;thence West 161.2
feet;thence South 116.15 feet,to the point of beginning,except that portion conveyed to the City of Greeley by
instrument recorded May 20, 1985 in Book 1070 as Reception No.2010210,
County of Weld,State of Colorado.
1111111111111111111111111111111111IIIIIIII 1111111111111
3416921 09/05/2005 10:10A Weld County, CO
2 of 2 R 11.00 D 7.00 Steve Moreno Clerk&Recorder
EXHIBITA 1r Senility Title
Exhibit A-Legal Description File No.50163808
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