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HomeMy WebLinkAbout20100472.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION BCV#1000004 AGAINST LOUIE MARTINEZ 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, Louie Martinez, BCV#1000004, 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, Louie Martinez 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 refer said matter back to the Department of Planning Services, since a new building permit has been issued. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV#1000004 against Louie Martinez be, and hereby is, referred back to the Department of Planning Services, since a new building permit has been issued. 2010-0472 CCU �L V ! 0 C PL0824 04(01 / VIOLATIONS - BCV#1000004 — LOUIE MARTINEZ 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: Doupla. Radema er, Chair Weld County Clerk to th y�:oism =arbara Kirkmeyer, Pro-Tem 7 BY: `------De. y Clerk to the :o Sean P. Cgrryv)ay C ;R PRO D AS 21 PF. Ga is my ttorney f David E. Long Date of signature:0 3/n1//o -"—\/ 2010-0472 PL0824 Violation Summary Report BASIC INFORMATION MARTINEZ LOUIE 4284 MEADOWLARK RD FT LUPTON, CO 80621 Tenant: Compliance Officer: Peggy Gregory Violation Number: BCV10-00004 Situs Address: 4284 MEADOW LARK RD Legal: BRE L7 BLK3 BUFFALO RIDGE ESTATES Location: Parcel Number: 147112303007-R7409398 Acreage: 3.00 Certified Mail Date: 02/11/2010 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.) 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 the covered porch addition, fees paid,the permit issued, and all insepctions completed. RECOMMENDATION LETTER HISTORY 01/13/2010 Complaint Validated 01/13/2010 LTTR:Violation Notice 02/11/2010 LTTR: Hearing Notification OTHER CASE HISTORY 02/16/2010 Phone Call Phone call from Una Martinez. She did not understand my letters and says the covered porch is completed. I explained there had been corrections and inspections had not been completed by the expiration date and is now in 2010-0472 Violation Summary Report violation. She asked that I e-mail her the corrections and what the fee will be for a new permit. 02/16/2010 E-Mail Sent E-mail to Una Martinez as requested explaining the corrections and that the new permit fee will be$46.20. 02/23/2010 Other Permit number BCR10-00121 submitted WELD COUNTY PLANNING DEPARTMENT Peggy Gregory Building Compliance Officer ' 918 Tenth Street DGreeley, CO 80631 C Phone: 970-353-6100 x3568 FAX: 498 E-Mail: pgregory@co.weld.co.us COLORADO February 11, 2010 MARTINEZ LOUIE 4284 MEADOWLARK RD FT LUPTON, CO 80621 Case: BCV10-00004 Legal Description: BRE L7 BLK3 BUFFALO RIDGE ESTATES Dear: MARTINEZ LOUIE The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 03/09/2010 10:00 AM to consider the violations. The property is 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.) 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 covered porch addition.fees paid.the permit issued, and all insepctions completed. This meeting will take place at 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 that 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 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 Af WELD COUNTY PLANNING DEPARTMENT Peggy Gregory Building Compliance Officer 918 Tenth Street Greeley, CO 80631 C Phone: 970-353-61 FAX: 970-304-6498 �WilDe/� /� E-Mail: P99egory@c0o.wed.cco.us COLORADO Sincerely, iU.S. Postal Service,' crg CERTIFIED MAI RECEIPT Gitir'��/ ru (Domestic Mail atio No Insurance Coverage Provided) --vj " Fordelivery information visit our wabsite at www.usps.corne il Er m Peggy Gregory I ._. Building Compliance Officer Postage $ ra pc: BCV10-00004 p Certified Fee C Postmark O Return Receipt Fee Here (Endorsement Required) C Restricted Delivery Fee ..0 (Endorsement Required) rR Total Postage&Fees $ La In Sent To m Una and Louie Martinez N Street,Apt.No.: or PO Box No. 4284 Meadowlark Rd City.Stare.ZIP+4 Fort Lurton CO 80621 pS:Form3800:June2002' See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature X 0 Agent item 4 if Restricted Delivery is desired. 0 Addressee • Print your name and address on the reverse so that we can return the card to you. . Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, ,15 'k - Z I - ) 10 or on the front if space permits. Weld Cour 0 ansinereepartmeintrent from item 1? ❑yes 1. Article Addressed to: GR-FLftyrErinstgelivery address below: 0 No UNA & LOUIE MARTINEZ c,: '". n 7rt'n 4284 MEADOWLARK RD FORT LUPTON CO 80621 ZD $XCerted Mail ❑ Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 1160 0001 4539 4288 (Transfer from service h PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M.1540 Page 2 of 2 ' DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO el 80631 Website: www.co.weld.co.us ' E-mail Address: poregory(o)co.weld.co.us Phone: (970) 353-6100, Ext. 3568 C. Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE January 13, 2010 UNA and LOUIE MARTINEZ 4284 MEADOWLARK RD FORT LUPTON CO 80621 Subject: BCV10-00004, Lot 7, Block 3, Buffalo Ridge Estates, Weld County, Colorado Dear Mr. and Mrs. Martinez: Permit number BCR09-00513 has now expired and the property located at 4284 Meadowlark Road is currently in violation of the following Section of the Weld County Code: Section 29-3-10"Building permit required" Section 29-8-40 "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 the covered porch addition, 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 13, 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. Si ly, Peggy Gregory Building Compliance Officer pc: BCV10-00004 BC R09-00513 DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 'IWebsite: www.co.weld.co.us E-mail Address: pgregoryco.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO December 15, 2009 UNA and LOUIE MARTINEZ 4284 MEADOWLARK RD FORT LUPTON CO 80621 Subject: Permit# BCR09-00513 Lot 7, Block 3, Buffalo Ridge Estates, Weld County, Colorado Dear Mr. and Mrs. Martinez: This letter is to remind you that a permit for a covered porch addition at4284 Meadowlark Road was issued on July 16, 2009. According to our records, this permit will expire on January 12, 2010, 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 n � DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION DIVISION 918 10TH STREET, CO 80631 3 3 611 0 X3540(970) COLORADO BUILDING PERMIT EXPIRATION Building Permit No. 13C120 . 00S/3 Is being issued on 7- / 6 • of' In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on: /- is > a If the building or work authorized by this Building Permit has not received final inspection by the permit expiration date, all work shall stop until a new permit is issued. A letter will be mailed to the property owner prior to the expiration date. Signed:�'��«mac, ?ir tcu Date: 7 - /4 - r7i Relationship to Property Owner: Office Tech: Date: 7 • / 6.0? cc: Building Permit File Hello