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HomeMy WebLinkAbout20100961.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING BCV #1000038 AGAINST SEAN PIKE 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, Sean Pike, BCV#1000038, 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, Sean Pike 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 deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that the Weld County Attorney be, and hereby is,authorized to proceed with legal action against Sean Pike 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. LC : PL viol . to 2010-0961 PL0824 VIOLATIONS - BCV#1000038 - SEAN PIKE 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 `.` j / �; ELD COUNTY, COLORADO II ATTEST: `� ' d 4� rice r I.. glab.Ki8 Radem her, Chair Weld County Clerk to the B. CUSED Uarbara Kirkmeyer, Pro-Tern Dep Clerk o he Board Sean P.C- ay APP AS William F. rcia County Att rney EXCUSED David E. Long Date of signature: le l7 (0 2010-0961 PL0824 �(% Planning Department ( �� °� BUILDING VIOLATION CASE SUMMARY wok COLORADO Violation Number: BCV10-00038 Compliance Officer: Peggy Gregory PRIMARY OWNER: Situs Address: 7788 CR 72 PIKE SEAN P Mailing Address: 500 MAIN ST WINDSOR, CO 80550 Phone: 970-227-2838 SECONDARY OWNER: Mailing Address: Phone: VIOLATION CONTACTS: PARCEL: 080708000037-R1398786 Acreage: 3.82 Legal Description: 23333-E PT N2NE4 8-6-67 BEG 1459'E&S02D04'W 480' FROM N4 COR S02D04'W 450'W320' NO2D04'E 450' E320'TO BEG (3.304A) LOCATION: Location : South of Cuonty Road 72, West of HWY 257 North : Agricultural property South : Town of Windsor East : Agricultural property West : Town of Windsor NOTIFICATION INFORMATION: Certified Date : 04/20/2010 Certified Reference Number : 7008 3230 0000 0473 3646 USPS Date Posted Date : 04/26/2010 VIOLATION DESCRIPTION: VIOLATION REMEDY: Remedy 1 : A permit application and all applicable documentation shall be submitted for the addition to the existing dwelling,fees paid, the permit issued, and all inspections completed. Remedy 2 : Remedy 3 : Report ID: CODE00027v002 Page 1 of 2 Print Date-Time: 5/5/2010 11:43:04AM 2010-0961 -t434 PPlanning Department 1 BUILDING VIOLATION CASE SUMMARY WCOLORADO RECOMMENDATION: Staff recommends this case be referred to the County Attorney for immediate action as Mr. Pike has not submitted a new permit application for the addition to the existing dwelling. WORKFLOW SUMMARY: Case Initiation 03/23/2010 Initiated Violation 03/23/2010 Violation Notice Letter Violation 04/20/2010 Hearing Notification OTHER CASE HISTORY: 04/06/2010 Phone Call Received phone message from Sean Pike requesting extension. 04/06/2010 Phone Call Returned phone call, left message. The permit has expired; therefore, no extension is allowed. A new permit application shall be submitted. 04/12/2010 Phone Call Left message for Sean Pike to call me. INSPECTION SUMMARY: • Report ID: CODE00027v002 Page 2 of 2 Print Date-Time: 5/5/2010 11:43:04AM a DEPARTMENT OF PLANNING SERVICES Building Compliance Division Will 1555 N 17'°AVE, Greeley, CO 80631 Cie Website: www.co.weld.co.us E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 COLORADO Fax (970) 304-6498 April 20, 2010 SEAN P PIKE 500 MAIN ST WINDSOR CO 80550 Subject: BCV10-00038, Part of the N2NE4 of Section 8,T6N, R67W, of the 6th P.M., Weld County, Colorado Dear Mr. Pike: 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 remains 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 addition to the existing 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. ely, Peggy ego�� (/ v Building Compliance Officer pc: BCV10-00038 • SERVICE,TEAMWORK, INTEGRITY, QUALITY U.S. Postal Service,. CERTIFIED MAIL, RECEIPT ,.p - (Domestic Mail Only;No Insurance Coverage Provided) _oF r• livery inl rmati nvfait•ur we6sita at www.us•s.c•m® m , S Postage $ Certified Fee , r p Postmark Return Receipt Fee - (Endorsement Required) Here CI s Delivery Required) Fee - ( naor tment qu e $ Total Postage 8 Fees ru m Sent Toco 5 anT3At p Street,Apt No.: •IL/M p or PO Box No. ,500 / .fal(�.-f N City State,TrlPt4 ' ., • ' 0 2 t 1O D PS Form 3800,.August 2006 � See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY• Complete items 1,2,and 3.Also complete A. Sign ure�r Rem 4 if Restricted Delivery is desired. • Print your name and address on the reverse X ❑Agent so that we can return the card to you. El Addressee • Attach this card to the back of the mailpiece, B. Received�A by(Pnn Name)�,/C. Dat of De or on the front if space permits. /V\ C W I L�1 /l ry 1. Article Adtlressed to: D. Is delivery address different from item 1 a' 0 Yes If YES,enter delivery address below: ❑No SEAN PIKE Weld County PI. ping Department 500 MAIN ST GREELE OFFICE WINDSOR CO 80550 APR 2 ye1.�,1 t'3.'Seriice Type yp�� ed Mail C Express Mail a 1�g/�'a.r `. ❑ Return Receipt for Merchandise ° Mail El C.O.D. 4. Restricted Delivery?(Extra Fee) I7 Yes 2. Article Number 7008 3230 0000 0473 3646 (Transfer from service laber—.----___ — _— PS Form 3811, February 2004 Domestic Return Receipt 10259602-M-1540 DEPARTMENT OF PLANNING SERVICES Building Compliance Division e Tenth Street Gr eeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: pgregory@co.weld.co.us FAX: 970-304-6498 PHONE: . 100 x3568 COLORADO March 23, 2010 Pike Sean P 500 Main St Windsor, Co 80550 Building Violation Case: BCV10-00038 Expired Building Permit: BCR08-00793 Legal Description: 23333-E PT N2NE4 8-6-67 BEG 1459'E&S02D04'W 480' FROM N4 COR S02D04'W 450'W320'N02D04'E 450'E320'TO BEG(3.304A) Situs Address: 7788 CR 72 Dear Pike Sean P: Your building permit on the above noted property has expired and 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.) 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. To bring your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the addition to the existing dwelling,fees paid,the permit issued,and all inspections completed. Page 1 of 2 Report ID: CODE00015v002 Print Date-Time: 3/23/2010 9:57:33AM DEPARTMENT OF PLANNING SERVICES *it (1t Building Compliance Division 918 Tenth Street Gr eeley,, Colorado 80631 ■ WEBSITE: www.co.weld.co.us ■' E-MAIL: pgregory@co.weld.co.us PHOi X 970-304-6498 N100 x3568 CO FAX: COLORADO 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 04/06/2010 to correct this building 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. Sincerely, O�(Q�Q tQ�Ay�.', Peggy Gregory rut Building Compliance Officer File: BCV10-00038 BCRO8-00793 Page 2 of 2 Report ID: CODE00015v002 Print Date-Time'. 3/23/2010 9:57:33AM DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 9Website: www.co.weld.co.us ' Address: pgregory@co.weld.co.us CE-mail Phone: (970) 353-6100. Ext. 3568 Fax: (9(970) 304-6498 COLORADO February 22, 2010 SEAN P PIKE 500 MAIN ST WINDSOR CO 80550 Subject: Permit# BCR08-00793 — Part of the N2NE4 of Section 8, T6N, R67W of the 6`h P.M., Weld County, Colorado Dear Mr. Pike: On September 15, 2009, you were granted an extension on the above noted permit for an addition to the existing dwelling at 7788 County Road 72. According to our records, that extension is due to expire on March 22, 2010, and there are still inspections remaining to be completed. Failure to complete the inspections 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. Sincerely, Peggy Gregory Building Compliance pc: BCR08-00793 SERVICE.TEAMWORK.INTEGRITY,QUALITY Peggy Gregory 3ba/rb From: sean pike [pikesautocare@msn.com] Sent: Tuesday, September 15, 2009 11:16 AM To: Peggy Gregory Subject: extension My name is Sean Pike. I am formally requesting an extension of time for building permit#BCR08-00793 at 7788 • Country Road 72. The reason for this request is due to a lack of financial means to complete the project in the time originally scheduled. At this point my current time projection for completion is fall of 2010. All items are finished beyond the point of any safety issues. Thank you for your assistance. If you have any questions you can feel free to call me at 970-227-2838. Sean Pike 500 Main St ,/'r/& r/ Windsor, CO 80550 Your E-mail and More On-the-Go. Get Windows Live Hotmail Free. Sign up now. <http://console.mxlogic.comlredir/?LTpps7cL6Sm kTXzD4Po0eNV nJCwHfBY2gO5s8RN4svCCCgen DYgB7X]O W e6XZtxdV4QsLLcc6XCRF5vFHsWSSfwFmAendFCzAQsFCQkTSrll6zBZcSoeivxY xilo6V- 7PNo pgdECQjrbarZNOa9LHLH3hJM> 1 DEPARTMENT OF PLANNING SERVICES )(11• 11 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 September 3, 2009 9-2- 09- 8 yn�,;nq ca G - SEAN P PIKE 500 MAIN ST WINDSOR CO 80550 Subject: Permit# BCR08-00793 Part of the N2NE4 of Section 8, T6N, R67W, of the 61h P.M., Weld County, Colorado Dear Mr. Pike: This letter is to remind you that a permit for an addition to the existing dwelling at 7788 County Road 72 was issued on September 23, 2008. According to our records,this permit will expire on September 23,2009, and all of 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 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, 0),W altert Peggy drtgoya Building Compliance Officer pc: BCR08-00793 SERVICE.TEAMWORK.INTEGRITY,QUALITY S)66 I2111111IIIII11111111111111111111111111111111111111111 1 0l 2 q 10.00 D 35.00 Weld CSounN CO WARRANTY DEED THIS DEED, Made this 26th day of January, 2001 between Robert J. Cawley and Janice R. Cawley of the County of Weld and State of Colorado, grantor, and Sean P. Pike whose legal address is 7788 Weld County Road 72, Windsor, Colorado 80550 of the County of Weld and State of Colorado, grantees: WITNESSETH That the grantor for and in consideration of the sum of THREE HUNDRED FIFTY THOUSAND AND 00/100, ($350,000.00) 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 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 7788 Weld County Road 72, Windsor, Colorado 80550 TOGETHER with all and singular the hereditament); and appurtenances thereto (` belonging, or in anywise appertaining and the reversion and reversions, remainder and C,1.) remainders, rents, issues and profits thereof, and all the estate, right, title, r interest, claim and demand whatsoever of the grantor, either in law or equity, of in ;L, . and to the above bargained premises, with the hereditamente 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 annealing and delivery of these presents, he is well seized o£ 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 for 2001 and subsequent years; except easements, restrictions, covenants, conditions, reservations 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 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 the date set forth above. L/ Robert J. C ley JSdice R. Cawley STATE OF COLORADO ) ) ss. The foregoing instrument was acknowledged before County of Weld ) me this 26th day of January, 2001 by Robert J. Cawley and Janice R. Cawley Witne my hand and official seal. My c lesion expires ovembe 5, 2001 Manib. (Q�\ � ._�f NOTARY PUBLIC DARffi 1295 Main St. No. 932A @v.R(OA �•: Windsor, COLORADO 80550 e RFr)?C0L�PPO kI1Jft1h11 82800 $!U11:09AJAURI ukemotYo 2 A 10.00 0 35.00 Weld County CO "EXHIBIT A" LEGAL DESCRIPTION A tract of land located in the N1/2 of the NE1/4 of Section 8, Township 6 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the North quarter corner of said Section 8, and considering the North line of said Section 8 to bear North 90 degrees 00 minutes 00 seconds East and with all other bearings contained herein being relative thereto; thence North 90 degrees 00 minutes 00 seconds East along the North line of said Section 8, a distance of 1,459.00 feet; thence South 02 degrees 04 minutes 24 seconds West 480.00 feet to the True Point of Beginning; thence continuing South 02 degrees 04 minutes 24 seconds West 450.00 feet; thence South 90 degrees 00 minutes 00 seconds West 320.00 feet; thence North 02 degrees 04 minutes 24 seconds East 450.00 feet; thence North 90 degrees 00 minutes 00 seconds East 320.00 feet to the True Point of Beginning. 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