HomeMy WebLinkAbout20100297 RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST WILLIAM AND ABRAHAM ALVARADO 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,William and Abraham Alvarado, BCV#0900146, are 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 February, 2010, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, William and Abraham Alvarado, property owners, were 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 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 March 9, 2010, in order to allow adequate time for staff to process the application which
has been submitted for the necessary building permit.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that BCV#0900146 be, and hereby is, referred to the Weld County Attorneys
Office for legal action against William and Abraham Alvarado 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 March 9, 2010, in order to allow adequate time for staff to
process the application which has been submitted for the necessary building permit.
2010-0297
PL0824
G'iCc- ea// Gt
VIOLATIONS - BCV#0900146-WILLIAM AND ABRAHAM ALVARADO
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of February, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
E z % WELD COUNTY, COLORADO
ATTEST: , ✓�. -r 2.�. re•
's6! ( ,i0cr Q S ,ugI. Radem=cher, Chair
Weld County Clerk to the B rd ' ��II
�:XCUSED
• (r, �r�. ,; o� �`=arbara Kirkmeyer, Pro-Tem
BY\- 71
Dep Cler . the Board
Sean P. Con y
AP EDAST
William F. arcia
minty Attorney EXCUSED
David E. Long
Date of signature: 3 01
2010-0297
PL0824
Violation Summary Report
BASIC INFORMATION
ALVARADO WILLIAM L 15642 HIGGINS AVE FT LUPTON, CO 80621-4326
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV09-00146
Situs Address: 15642 HIGGINS AV
Legal: 2AR39-3 L3 BLK39 2ND ARISTOCRAT RANCHETTES SITUS: 15642
HIGGINS AV WELD 000000000
Location: Location Between County Roads 16 & 18, East of County Road 31
North Agricultural properties
South Agricultural properties
East Agricultural properties
West Agricultural properties
Parcel Number: 130927406013-R3108704 Acreage: 0.99
Certified Mail Date: 01/08/2010
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
by the permit expiration date, all work shall stop until a new permit is issued. (Weld County
Code Ordinance 2006-3)
REMEDY
A permit application sand all applicable documentation shall be submitted for the pole barn, fees paid,
the permit issued, and all inspections completed.
RECOMMENDATION
Staff recommends this case be referred to the County Attorney's office but delay action for 30 days to
allow owner or representative to submit a new permit application.
LETTER HISTORY
12/18/2009 Complaint Validated
12/18/2009 LTTR: Violation Notice
01/08/2010 LTTR: Hearing Notification
OTHER CASE HISTORY
2010-0297
Violation Summary Report
01/25/2010 Phone Call Phone call from William Alvarado. He said Justin at
Clayton Homes was responsible for the permit and he
understood it had been completed. I reminded him that I
sent a letter on 11/19/09 to remind of the expiration date
and then again on 12/18/09 to advise the permit had
expired and a violation was initiated. He had not
responded to either letter. I told him I would call Justin.
01/25/2010 Phone Call Phone call to Mike at Clayton. Justin is out of town until
02/01/10. William Alvarado had faxed him a copy of the
hearing letter. I advised Mike that a new permit will need
to be obtained. He will have Justin call when he gets
back.
01/26/2010 Certified Mail Receipt CERTIFIED MAIL RECEIPT RECEIVED
02/01/2010 Phone Call Phone call from Justin at Clayton Homes. He will be in
to submit a new permit application to complete
inspections.
ra(ff {1
WELD COUNTY PLANNING DEPARTMENT
Peggy Gregory
Building Compliance Officer
918 Tenth Street
Greeley, CO 80631
Phone: 970-353-6100 x3568
FAX: 970-304-6498
E-Mail: pgregory@co.weld.co.us
COLORADO
January 08, 2010
ALVARADO WILLIAM L
15642 HIGGINS AVE
FT LUPTON, CO 80621-4326
Case: BCV09-00146
Legal Description: 2AR39-3 L3 BLK39 2ND ARISTOCRAT RANCHETTES SITUS: 15642 HIGGINS AV WELD
000000000
Dear: ALVARADO WILLIAM L
The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of
County Commissioners on:
02/09/2010 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 by the permit expiration
date, all work shall stop until a new permit is issued. (Weld County Code Ordinance 2006-3)
To bring your property into compliance with the Weld County Code:
a permit application sand all applicable documentation shall be submitted for the pole barn, fees
paid, the permit issued, and all inspections 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
ralt, {i
WELD COUNTY PLANNING DEPARTMENT
Peggy Gregory
Building Compliance Officer
WIlD 918 Tenth Street
Greeley, CO 80631
p� Phone: 970-353-6100 x3568
V FAX. 970-304-6498
• E-Mail: pgregory@co.weld.co.us
COLORADO .
Sincerely, U.S. Postal ServiceTM
5),OY s CERTIFIED MAIL RECEIPT
'burr a (Domestic Mall Only;No Insurance Coverage Provided)
f•r• livery inf•rmeti•n visit ur we•site at vaxw.us•s.c•mo
m
Ln
Peggy Gregory =
Building Compliance Officer Postage $
pc: BCV09-00146 17 Certified Fee Postmark
0
O Rstufll ement Require) Here
(Endorsement Receipt
ci
Restricted Delivery Fee -
(Endorsement Required)
rq
a $
Total Postage&Fees
Lll
Sent To
o William & Abraham Alvarado
N Street APL No.;
or PO Box No. 15642 Higgins AV
City,Srete,ZIP-r-4
Port Lupton CO 80621
PS Form 3800,June 2002 See Reverse for Instructions
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete Items 1,2,and 3.Also complete A. Signature,'; Agent
O
item 4 if Restricted Delivery is desired. 1--‘,
/"
• Print your name and address on the reverse X j'I--‘ /,�'-2 ---)(Addressee
so that we can return the card to you. B. Rea-eived by(Printed,Name) 0. Date of Drfvery
• Attach this card to the back of the mailpiece, /1„,_./17.(/-L� / �✓,4 C -+/1
' / z ,,,O
or on the front if space permits. - I
D. Is delivery address different from Item 1? O Yes
1. Article Addressed to: Weld Count pieclaffil bier ietaddress below: O No
WILLIAM & ABRAHAM ALVARAD0 GRE _LEY OFFICE el
15642 HIGGINS AV IAN � �j901(i
FORT LUPT0N CO 80621
R E C I rD O Express Mail
❑ Registered O Return Receipt for Merchandise
O Insured Mall O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. (r Number7005 1160 0001 4539 4141
(Transfer from mm service labs
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
Page 2 of 2
DEPARTMENT OF PLANNING SERVICES
ri Building Compliance Division
918 10th Street, Greeley, CO 80631 vv
ww.co.weld.co.us
ww.co.weld.co.us
C
' E-mail Address: pgregory(Wcomeld.co.us Phone: (970) 353-6100, Ext. 3568
Fax: (9 O Fax: (970) 304-6498
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
December 18, 2009
WILLIAM L and ABRAHAM ALVARADO
15642 HIGGINS AV
FORT LUPTON CO 80621
Subject: BCV09-00146, Lot 3, Block 39, Aristocrat Ranchettes #2 Weld County, Colorado
Dear Property Owners:
Permit number BCR08-01100 has now expired and the property located at 15642 Higgins Avenue 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 pole barn,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 December 18, 2009. 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.
Cpely,
Peg regory
Building Compliance Officer
pc: BCV09-00146
BCR08-01100
a
& ( DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO 80631
IDWebsite: www.co.weld.co.us
CE-mail Address: pgregory@coweld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
COLORADO
November 19, 2009
WILLIAM L and ABRAHAM ALVARADO
15642 HIGGINS AV
FORT LUPTON CO 80621
Subject: Permit# BCR08-01100
Lot 3, Block 39, Aristocrat Ranchettes #2, Weld County, Colorado
Dear Property Owners:
This letter is to remind you that a permit for a pole barn at 15642 Higgins Avenue was issued on December
18, 2008. According to our records, this permit will expire on December 18, 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
((1\ 6 ,
DEPARTMENT OF BUILDING.INSPECTION
NORTH OFFICE
918 10 STREET
GREYLY, COLORADO 80631
(97D ) 353-5100, ext.3540
AX (970)304-6498
SOUTH OFFICE
"R24.5 4�C9
COLORADO LONGMONT, COLORADO 80504
- (720 )652-4210. ext.8730
FAX (720)652-4211
BUILDING PERMIT EXPIRATION
Building permit no. B e R/O 8- 0 / 1o0
is being issued on �9l ,' /
In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on:
a(n
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. A letter will be mailed to
the property owner prior to the date the permit is to expire.
Signed: G Date: / 1 - jg oP
Relationship to Property Own r: 11,1ey," 1
Respectfully,
Roger Vigil
Chief Building Official
Office Tech: /, S
Date:
cc: Building Permit File
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R3108704 Parcel#: 130927406013
Tax Area: 2241 Bordering County:
Acres: 0.99
Township Range Section Quart.Sec. Subdivison Name Block#Lot#
02 - 66 - 27 -4 ARISTOCRAT RANCHETTES 2ND FG - 39 - 3
Owners Name&Address: Property Address:
ALVARADO WILLIAM L Street: 15642 HIGGINS AV WELD
15642 HIGGINS AVE City: WELD
FT LUPTON, CO 80621-4326
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
4/14/2009 $103,000 MHTL 3616576
Legal Description
2AR39-3 L3 BLK39 2ND ARISTOCRAT RANCHETTES
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Residential 1112 Site
Land Subtotal: $35,000 $2,790
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
1 Residential
2 Out Building
Improvements Subtotal: $85,107 $6,770
Total Property Value $120,107 $9,560
Building Details
Account#: R3108704 Parcel#: 130927406013
Owners Name &Address: Property Address:
ALVARADO WILLIAM L Street: 15642 HIGGINS AV WELD
15642 HIGGINS AVE City: WELD
FT LUPTON, CO 80621-4326
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Modular Year Built: 2008
Exterior: Frame Hardboard HVAC: Central Air to Air
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=130927... 2/3/2010
Identify Results Page 2 of 2
Interior Finish: Drywall Built As SQ Ft: 1456
# of Baths: 2 Roof Type:
# of Bdrms: 3 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R3108704 Parcel#: 130927406013
Owners Name &Address: Property Address:
ALVARADO WILLIAM L Street: 15642 HIGGINS AV WELD
15642 HIGGINS AVE City: WELD
FT LUPTON, CO 80621-4326
Building# Property Type
2 Out Building
Individual Built As Detail
Built As: Utility Building Year Built: 2008
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1440
# 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:
Total SQ Ft: Finished SQ Ft:
http://maps2.menick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=130927... 2/3/2010
R 1111111111111111111111IIIII II11111111III11111/III/III
6j 3239679 11/30/2004 03:03P Weld County,CO corder
1 of 1 R 6.00 D 0.00 Steve Moreno Clark&Recorder
Quit Claim Deed
THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies) named
below as GRANTOR to the individual(s)or entity(ies) named below as GRANTEE of whatever
interest the GRANTOR may have in the real property described below.
The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below
with all its appurtenances.
The specific terms of this deed are:
Grantor: (Give name(s)and pleats)of residence,If lie spouse of the owner-grantor is joining in this need to release homesteadrights
identify grantors as husband end wife)
William L.Alvarado and Kourisa S.Williamson
621 Main Street
Fon Lupton,CO 80621
Grantee: (Give named°and ddress(es),statement of address.including available road or street number,is required)
William L.Alvarado and Abraham Alvarado
621 Main Street
Fort Lupton,CO 80621
Form Of CO-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the
works"in join)tenancy"or words of the same meaning are added in the space blow)
In Joint Tenancy with right of survivorship
Property Description: (Include county and stale)
Lot 3,
Block 39,
Aristocrat Ranchettes,2"d Filing,
Subdivision of Weld County
Weld County,Colorado
For title purposes only-no documentary fee required.
Property Address:
Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the properly or to covey less then he owns.or if
the GRANTOR is restricting the GRAN ItbS rights in the property,make appropriate indication)
Executed by the Grantor on November 30,2004 Signature Clause for Individual(s)•
Signature Clause for Corporation,hraerrhip or Aaadatioa:
6,6///22_—
Name of Grantor Corporation,Pmtaashry or Asaocialion Wi iam L.Alvarado
By Psee -/--(11ounsa S.Williamson
By
Attest: =)�•O A ?`t
STATE OF!'Wild
P. '
COUNTY a:, Wild
the forego.!instunent was acknowleaed five me this 30''day of November,2004
by William li S raj(y and Kaui- Ski)/ son.
WINESSm'I'.V.' [r V /Y ',VOW cvpircr/�� NA' '�
\O\pp 0_
My Commission Was 1211/2CC6
Pudic
SIAM OF COLORADO
COUNTY OF
The foregoing instrument was acknowledged before me this day of 2004
by*
(*name individual Cremona)or if Grantor is Corporation,Partnership or Assacia0an,then Identity signers as president or vice president and
secretary or assistant secretary of corporation,or as mittens)or as authorized member(s)of association.)
WITNESS my had and official seal.
My female.apes:
Notary Public
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