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Home My WebLink About20100716.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 #1000027, 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#1000027 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. ce ' �L/ 1)/OL 2010-0716 PL0824 VIOLATIONS- BCV#1000027-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 ♦ WELD COUNTY, RADO /� > ' E La��, /� � ATTEST: y �, �- sc as rcadema er, air Weld County Clerk to the B(..Irk ct. � �a_ CUSED ' `�^�� =arbara Kirkmeyer, Pro-Tern D-Duty Clem. the Board c Sean P. Conway L. AP ED ORM: V11'�• % t -ar y Attorney �� David E. Long Date of signature: `I glib 2010-0716 PL0824 f Planning Department BUILDING VIOLATION CASE SUMMARY COLORADO Violation Number: BCV10-00027 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 115 E 18TH ST VEGA ABELARDO Mailing Address: 1711 E 16 ST GREELEY,CO 80631 Phone: SECONDARY OWNER: Mailing Address: Phone: VIOLATION CONTACTS: PARCEL: 096109300071-R3344886 Acreage: 0.28 Legal Description: 12315-A PT L5 NW4SW4 9 5 65 BEG 161.2' E OF SW COR L5 THENCE E128.8' N116.15' W128.8'S116.15'TO BEG LOCATION: Location : NORTH OF AND ADJACENT TO 18TH STREET, 1/2 BLOCK EAST OF HWY 85 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 4024 USPS Date • Posted Date • VIOLATION DESCRIPTION: VIOLATION REMEDY: Remedy 1 : A permit application and all applicable documentation shall be submitted for the remodel of the commercial building,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 2:11:53PM 2010-0716 (,' Planning Department �� BUILDING VIOLATION CASE SUMMARY WLiDA RECOMMENDATION: • WORKFLOW SUMMARY: Case Initiation 02/24/2010 Initiated Violation 02/24/2010 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 2:11:53PM DEPARTMENT OF PLANNING SERVICES (it i'r Building Compliance Division 918 Tenth Street Gr eeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: Pgregory@co.weld.co.us PHOX 970-304-6498 • N100 x3568 FAX: COLORADO March 22, 2010 Vega Abelardo 1711E 16 St Greeley,Co 80631 Building Violation Case: BCV10-00027 Legal Description: 12315-A PT L5 NW4SW4 9 5 65 BEG 161.2' E OF SW COR L5 THENCE,E1128.8' N116.15'W128.8'S116.15'TO BEG Situs Address: 115 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'Section(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 the commercial building,fees paid, the permit issued, and all inspections 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 or as soon as possible to the above mentioned violation hearing date. The Weld County Building Department will be recommending that the Board of County Commissioners 2uthorize the County Attomey 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. b Page 1 of 2 Report ID: CODE000028v001 Print Date-Time: 3/22/20W 10:33:52AM (Ft, DEPARTMENT OF PLANNING SERVICES {} Building Compliance Division 916 Tenth Street Greeley,Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: Pgregory@co.weld.co.us PHONE:X: 9 -3 970-353-6100 00 x3568 FAX: 970-304-6498 i r e COLORADO U.S. Postal Service., Sincerely, riJ CERTIFIED MAIL.,, RECEIPT ,�//��, a (Domestic Mail Only;No Insurance Coverage Provided)6) N�[1 S F a•eltvery mt rmati n visit•ur we•srte at vrxw us s c mrsv co Peggy Gregory soPostage $ 1 II-1 Compliance Officer o Certified Fee - BCV10-00027 O Postmark File: o Return Reciept Fee Here (Endorsement Required) - O Restricted Delivery Fee a (Endorsement Required) O a Total Postage&Fees $ it o ent To o Abelardd Vega , t` Street,Apt No.; or PO Box No. 1711 E 16 St City,Stare.ziw'Greeley CO 80631 PS Form 3800.June 2002 See Reverse for Instructions .Y c Page 2 of 2 Report ID: CODE000028v001 Print Date-Time: 3/22/2010 10:33:52AM DEPARTMENT OF PLANNING SERVICES ({ Building Compliance Division ii7ekt918 Tenth Street Gr eeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: p9regory@co.weld.co.us PHONE: 970-353-6100 x3568 FAX: 970-3-3 04-649-6498 COLORADO February 24, 2010 Vega Abelardo 1711 E 16 St Greeley, Co 80631 Building Violation Case: BCV10-00027 Legal Description: 12315-A PT L5 NW4SW4 9 5 65 BEG 161.2' E OF SW COR L5 THENCE E128.8' N116.15'W128.8'S116.15'TO BEG Situs Address: 115 E 18TH ST Dear Vega Abelardo: It has been determined that the above noted property is currently in violation of the following Section 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 the 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 hardships; however,we have no discretion in this matter if you fail to correct this violation.You have until 03/1012010 to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation 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. Page 1 of 2 Report ID: CODE00014v001 Print Date-Time: 2/24/2010 3:08:50PM (* if1 "\\ DEPARTMENT OF PLANNING SERVICES I Code Compliance Division 918 10'" Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: D ZONING CODE COMPLAINT 2<taff/Name• O Citizen ❑ Other: HEALTH DEPARTMENT Citizen's Name(If known) D WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): BUILDING CODE COMPLAINT D PUBLIC WORKS /PEST&WEEDS Date Complaint was received: vZ I/6./0 Pending Case#(i.e. USR, RE, SE. ect...): /� Legal Description L5 NW 413W4 SW1 9.545 Parcel#: O9!0/09 3.ac;07/ Violation Address: /15n6,� ,lO J a//)�l�0.4 d O63/ �1 '/�,C /� Property owners Name: (ltekireeb /(/«Q // Phone: `7 /D"7"a✓� sew Property Owners Address: /7//e /a � „Silty C"a 206 3/ Tenant's Name: Phone: Tenant's Address: ,,�,,/// NATURE OF COMPLAINT: ienn ,�lte. ny e ntiYta4 -GD Y.LGCl"" ren-e.G.1.Additional Notes: Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Parcel*: 096109300071 Account*: R3344886 Tax Area: 0604 Bordering County: Acres: 0.3434 Subdivison Name Block* Lot# Township - Section Quart.Sec. UNION COLONY LANDS - - 5 OS - 65 - 09 - 3 Owners Name&Address: Property Address: VEGA ABELARDO Street: 115 E 18 ST WELD 1711 E 16 ST City: WELD GREELEY, CO 80631 __ _ —_�.� Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception.* 9/14/2005 $270,000 WD 3323582 Legal Description I 12315-A PT LS NW4SW4 9 5 65 BEG 161.2' E OF SW COR L5 THENCE E128.8' N116.15'W128.8' S116.15' TO BEG I Land Valuation Summary Unit of Number of Assessed Land Type Abst Code Actual Value Value Measure Units Commercial 2120 Square Feet 14960 Land Subtotal: 14960 $37,400 $10,850 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Commercial Improvements Subtotal: $10,100 $2,930 Total Property Value $47,500 $13,780 Building Details Account#: R3344886 Parcel#: 096109300071 Owners Name &Address: Property Address: VEGA ABELARDO Street: 115 E 18 ST WELD 1711 E 16 ST City: WELD GREELEY, CO 80631 Building# Property Type I Commercial Individual Built As Detail Built As: Office Building Year Built: 1932 Exterior: HVAC: Space Heater I-.Hr,.//mmnc1 merrirk rnm/Wehsite/Weld/setSal.asp?cmd=QUERY&DET=PP&pin=09610... 2/16/2010 Identify Results Page 2 of 2 Built As SQ Ft: 480 In Finish: Gable # terior 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: Finished SQ Ft: Total SQ Ft: _ Wm.//mane merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=09610... 2/16/2010 1111111 sin IIui I1\I iiiiii a kiii 11111111 tI1 U 1 of 2 R 11.00 0 27.00 Steve Moreno clerk&Recorder 651. WARRANTY DEED 5OO a 8817 THIS DEED,Made this 14th day of September,2005 between , fet1 a7 r7U Joe T.Leal and Julia Leal of the County of Weld,Slate of Colorado,grantor and Abelardo Vega whose legal address is:1711 E.16th Street,Greeley,CO 80631, of the County of Weld,State of Colorado,grantee'. WITNESSETH,That the grantor for and in consideration of the stun of Two Hundred Seventy Thousand Dollars and NO/100's(5,270,000.00)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 B attached hereto and made a part hereof. also known by street and number as 1742 1st Ave.&115 E.18th St,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. enances,unto TO HAVE AND TO HOLD the said premises above bargained and described,with the appurt 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 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 in accordance with section Sa"Title Review",of the contract dated June 25,2005,between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises re s in the quiet and peaceable possession of the granteeohis heirs f. The and assigns,ingular b againster illlcande d evthery plural,n or plural the ersons lawfully claiming the whole or any part 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. SELLERS: -Ice ,eai` a�, `a lull STATE OF COLORADO }SS: COUNTY OF Weld ��\{t8Rpd\aa b The foregoing instrument wms acknowledged before me This 1 of�1U Sep ben, by Joe T.Leal and Julia Leal Notary Public Witness my hand and official seal. My Commission expires'. LAJUNE PEARSON NOTARY PUBLIC • STATE OF COLORADO ; My Commission Expires Sept.in,2005 .,S w,.. Security Title WUPHtyDead(F �t,.,2}cr:nfC. 1111 L. Ib+^slit File No.60068817 Wuruhy Da PMbgrapltic Record) OLD 3( C,reelay CO s 1111111(111111111111111512005 111111 11 1010111113 11111111 3323582 of 2 R 11.00 D 27.00 Steve Moreno Clerk&Recorder Ezhibit B Parcel I: That part of Lot 5 of the Northwest Quarter of the Southwest Quarter of Section 9,Township 5 North,Range 65 West of the 6th P.M.,being more particularly described as follows: Beginning at a point 161.2 feet East of the Southwest corner of Lot 5 of the Northwest'A Southwest M of Section 9,Township 5 North Range 65 West of the 6th P.M.;thence East 128.8 feet;thence North 116.15 feet;thence West 128.8 feet;thence South 116.15 feet to the point of beginning,County of Weld,State of Colorado. Parcel II: That part of Lot 5 of the Northwest Quarter of the Southwest Quarter of Section 9,Township 5 North,Range 65 West of the 6th PM,lying South of the North 461.5 feet;excepting therefrom; Beginning at the Southwest corner of said Lot 5;thence East 290 feet;thence North 116.15 feet;thence West 290 feet;thence South 116.15 feet to the Point of Beginning,City of Greeley,Weld County,Colorado,EXCEPTING therefrom the West 40 feet for First Avenue as conveyed to the City of Greeley,a municipal corporation by Warranty Deed recorded May 20,1985 in Book 1070 as Reception No.2010211. Together with the easement tights created in deed recorded in Book 1280 at Page 298 for a driveway,sewer,water, and utility lines for the use and benefit of Parcels I and II. File No.S0068817 Affida vit avit and Indemnify Hello