HomeMy WebLinkAbout20090836RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST THOMAS DEHERRERA 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, Thomas Deherrera, BCV #0900005, 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 10th day of February, 2009, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, at which
time this case was continued until April 14, 2009, to allow the property owner time to work with staff
on the issues regarding the flood plain.
WHEREAS, on the 14th day of April, 2009, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Thomas Deherrera, 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 July 14, 2009, to allow adequate time for the property owner to submit all the
Building Permits and the Flood Hazard Development Permit, along with all the needed
documentation to bring the subject property into compliance and for an inspection of the property
by the Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that BCV #0900005 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Thomas Deherrera 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 July 14, 2009, to allow adequate time for the property owner to
submit all the Building Permits and the Flood Hazard Development Permit along with all the needed
documentation, to bring the subject property into compliance.
00 f�,ILcj
2009-0836
PL0824
O��D I C
VIOLATIONS - BCV #0900005 - THOMAS DEHERRERA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of April, A.D., 2009.
BOARD OF COJJN.jY COMMISSIONERS
WELD y COLORADO
ATTEST:
Weld County Clerk to the
BY: G �h: C -
APP
Deputy Clerk to the Boar
o nt Attorney
RM:
i
Date of signature. '�,�. Gi
illiam F. Garcia, Chair
CUSED
ouglas Rademacher, Pro -Tern
P
EXCUSED
Sean P. Conway
David E. Long
2009-0836
PL0824
Violation Summary Report
BASIC INFORMATION
DEHERRERA THOMAS RAY 1736 MARY AV
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
FORT LUPTON, CO 80621
Peggy Gregory
BCV09-00005
1708 CAROLINE AV
20132 L11 THRU 14 BLK22 WATTENBURG 1708 CAROLINE AV WELD
Location
North
South
East
West
South of County Road 6, East of County Road 23
Agricultural property
Agricultural property
Agricultural property
Agricultural property
Parcel Number: 146925114012-R0283395 Acreage: 0.24
Certified Mail Date: 01/19/2009
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.)
29-3-40. "Additions, alterations or repairs."
A. Additions, alterations or repairs may be made to any building or structure without
requiring the existing building or structure to comply with all the requirements of this
Chapter, provided that the addition, alteration or repair conforms to that required for a new
building or structure.
B. Additions or alterations shall not be made to an existing building or structure which will
cause the existing building or structure to be in violation of any of the provisions of this
Building Code, and such additions or alterations shall not cause the existing building or
structure to become unsafe. An unsafe condition shall be deemed to have been created if
an addition or alteration will cause the existing building or structure to become structurally
unsafe or overloaded, will not provide adequate egress in compliance with the provisions
of this Building Code, will obstruct existing exits, will create a fire hazard, will reduce
required fire resistance or will otherwise create conditions dangerous to human life. Any
building so altered, which involves a change in use or occupancy, shall not exceed the
height, number of stories and area permitted for new buildings. Any building plus new
additions shall not exceed the height, number of stories and area specified for new
buildings.
C. Additions or alterations shall not be made to an existing building or structure when such
existing building or structure is not in full compliance with the provisions of this Building
Code, except when such addition or alteration will result in the existing building or structure
being no more hazardous based on life safety, fire safety and sanitation, than before such
additions or alterations are undertaken.
D. Alterations or repairs to an existing building or structure that are nonstructural and do
not adversely affect any structural member or any part of the building or structure having
required fire resistance may be made with the same materials of which the building or
structure is constructed. The installation or replacement of glass and electrical devices
shall be as required for new installations.
29-8-40 "Expiration of permit."
A. Every permit issued by the Building Official under the provisions of this Building Code 2009-0836
Violation Summary Report
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
The single family dwelling shall be repaired and a flood hazard permit obtained or shall be demolished.
Appropriate permits shall be obtained and inspections completed for either option.
RECOMMENDATION
Staff recommends this case be referred to the County Attorney for immediate action as the permit has
expired and there has been no effort to resolve this issue.
LETTER HISTORY
01/19/2009 Complaint Validated
01/19/2009 LTTR: Hearing Notification
02/10/2009 Continued
OTHER CASE HISTORY
05/08/2008 Other
06/02/2008 Property Inspected
08/22/2008 Other
12/11/2008 Other
01/26/2009 Certified Mail Receipt
02/19/2009 Phone Call
02/19/2009 Phone Call
02/18/2009 Office Visit
02/25/2009 Property Inspected
02/25/2009 Phone Call
03/13/2009 Phone Call
03/25/2009 Phone Call
Permit application submitted for repair/remodel of home
due to fire.
Inspection completed by Jimmy Supino. Several items
were noted, also the dwelling is damaged well beyond
50% of the value.
10 -day letter to submit the required information to
process the building permit.
Letter advising permit application has expired, a new
application shall be submitted for repair and remodel or
demolition, and Public Works Department shall be
contacted regarding the Flood Hazard Development
Permit.
Return receipt received.
Phone call to Tom DeHerrera (son). They are working
out of town and won"t be back for at least a month.
The floor in the house is plywood, it has a concrete
footer. Robert spoke with him regarding the floor.
Phone call to Daina at the Assessor"s office. She will
send an apraiser to assess the value.
Meeting with Kim, Tom, Public Works
Has to bring up to current code per FEMA.
Tommy has done two FHDP"s on other structures
Robert and I will do an inspsection.
Windows have smut from fire. There is a floor in the
small section I could see.
Hard to see in.
Phone call from Valerie of the Assessors office. They
have issued an abatement of $383.56 which means they
will issue him a refund on taxes for that portion of the
year he was not in the house. She faxed me the
property profile.
Phone call to Tom DeHerrera. He will be at the house
on Monday, March 16. Robert will meet him there to do
an inspection on the fire damage. I reminded him of the
hearing on April 14 and will send a letter with Robert.
Phone call to Tom DeHerrera. They will not be back in
Violation Summary Report
town until 04/10/09. I will arrange a phone conference
prior to that.
03/16/2009 Property Inspected Single family dwelling was inspected by Robert Powell:
1-a building permit and FHDP are required. The addition
that was built without a permit and the existing dwelling
shall be brought into conformance with the current
adopted codes.
2-a demolition permit is required to remove the addition
that was built without a permit. A building permit and
FHDP are required. The existing older original area of
the dwelling shall be repaired and brought into
conformance with the current adopted codes.
3-a demolitio permit is required to remove the entire
structure.
COLORADO
DEPARTMENT OF PLANNING and BUILDING SERVICES
Weld County Administrative Offices
918 10th St., Greeley, CO 80631
WEBSITE: www.co.weld.co.us
Phone (970) 353-6100, Ext. 3575
Thomas Ray DeHerrera March 20, 2009
1736 Mary Av., Fort Lupton CO 80621
Case Number: BCV09-00005
Location: Lots 11-14, Block 22, Wattenberg, Weld County, CO
Parcel Number: 1469 25 114012
The property referenced above remains in violation of the Weld County Code. The property
is in violation of the following Sections of the Weld County Code; Section 29-3-10, Section
29-3-40, Section 29-3-160, Section 29-8-40 and possibly 29-2-120.
Mr. DeHerrera
A Building Permit, Flood Hazard Development Permit and possibly a Demolition Permit will be
required before the start of construction to bring the structure into compliance with the Building
Codes and Flood Plain requirements. The structure and or addition appear to be crossing the lot
line of the adjacent property, and in violation of the setback distances, these issues must also be
addressed. The market value (29-1-20) must first be established to determine if this is a
substantial improvement, (greater than 50% of market value). A substantial improvement would
require the entire structure be brought to conformance with all current codes, to include a FHDP.
Option 1: A Building Permit and FHDP are required. The addition that was built without a
building permit and the existing dwelling shall be brought into conformance with the current
adopted codes. All of the above issues must be addressed.
Option 2: A Demolition Permit is required to remove the addition that was built without a
building permit. A Building Permit and a FHDP are required. The existing older original area of
the dwelling shall be repaired and brought into conformance with the current adopted codes.
Option 3: A Demolition Permit is required to remove the entire structure (existing and the
unpermitted addition).
The structure and property appear to have numerous and various other complications and
possible zoning issues. Options 1 & 2 above address the building code requirements only,
and exclude the setbacks and lot line requirements. Option 3 would resolve all of the above
issues, and would meet the requirements of the code. If improvements exceed 50% of the
market value of the structure (29-1-20) the entire structure shall be brought into conformance.
Sincerely,
Robert Powell
Plans Examiner II
Service, Teamwork, Integrity, Quality
itttr
W1�Yc.
WIAAADD
March 13, 2009
TOMMY RAY DE HERRERA
1736 MARY AV
FORT LUPTON CO 80621
DEPARTMENT OF PLANNING SERVICES
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
Subject: BCV09-00005, Lots 11-14, Block 22, Weld County, Colorado
Dear Mr. DeHerrera:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on April 14, 2009, at 10:00 a.m., to consider the violations. The
property is in violation of the following Sections of the Weld County Code:
Section 29-3-10 "Building permit required."
Section 29-3-40 "Additions, alterations, or repairs."
Section 29-3-160 "Zoning compliance."
Section 29-8-40 "Expiration of permit."
To bring your property into compliance:
A building permit application to repair and remodel the home shall be submitted, fees
paid, the permit issued, a Flood Hazard Development Permit shall be submitted to the
Public Works Department and completed, and all inspections completed on the
building permit OR a demolition permit application shall be submitted, 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.
S
Peggy n tot
regory
Building Compliance Officer
pc: BCV09-00005
BCR08-00379
IIiDc
COLORADO
December 11, 2008
TOMMY RAY DE HERRERA
1736 MARY AV
FORT LUPTON CO 80621
DEPARTMENT OF PLANNING SERVICES
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
Subject: BCR08-00379— Lots 11-14, Block 22, Wattenberg, Weld County, Colorado
Dear Mr. DeHerrera:
On May 7, 2008, you submitted the above noted permit for repair and remodel of a single family dwelling due
to fire damage. The permit has not been issued and the plan review is due to expire. We have discussed the
fact that the dwelling is damaged beyond 50% of the value and a Flood Hazard Development Permit is also
required along with the building permit. At one point you stated you were dealing with the insurance company
but believed you would probably demolish the house as that seemed to be your best and most economical
option.
If you have decided to demolish the dwelling, it will be necessary to submit a demolition permit application (the
fee is $21.00). If you opt to continue with repair and remodel, you will need to contact the Public Works
Department regarding requirements for the Flood Hazard Permit as well as paying for and picking up the
building permit. Failure to respond with your decision by January 5, 2009, will result in expiration of this
permit, a violation notice, and the Weld County Building Department declaring the home a dangerous building
and/or possible abatement. The case is also subject to go before the Board of County Commissioners with
written notice.
Should you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your
cooperation in this matter.
Sinrerely,
Peggy Gregory
Building Compliance
pc: BCR08-00379
Lin Dodge, Building Technician
SERVICE, TEAMWORK. INTEGRITY, QUALITY
4Aftw1
WiYYc.
COLORADO
August 22, 2008
TOMMY RAY DE HERRERA
1736 MARY AV
FORT LUPTON CO 80621
DEPARTMENT OF PLAN NING SERVICES
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
Subject: BCR08-00379, Lots 11-14, Block 22, Wattenburg, Weld County, Colorado
Dear Mr. DeHerrera:
On May 7, 2008, you submitted a permit to repair fire damage to the home at 1708 Caroline Avenue in
Wattenburg. At the time of submittal, you were informed that we would need septic and water information plus
two sets of building plans. It has been determined that there is substantial damage and a Flood Hazard
Development Permit will be required as this home in the in the flood plain.
Failure to submit the required information within 10 days from the date of this letter will result in a violation
notice and is subject to be scheduled with the Board of County Commissioners to determine whether to refer
the case to the County Attorney's Office for legal action.
Thank you for your cooperation in this matter. Should you have any questions or if you need any further
information, please feel free to contact me at the above address, telephone number or e-mail address.
Sincerely,
'8
Peggy Gregory
Building Compliance Officer
pc: BCR08-00379
Lin Dodge, Building Technician
Identify Results
Page 1 of 2
-MELD COUNTY ASSESSOk-
PROPERTY PROFILE
Account#: R0283395
"wmmn. 3kC$uYSe.... 3Gtd.3."dY..ii�E3Pil�di r.a�;N3C... h. .A atadt"'^l 'n
Tax Area: 2502 Bordering County:
Acres: 0.3099
Township Range Section Quart. Sec.
01-67-25-1
Owners Name & Address:
DEHERRERA THOMAS RAY
1736 MARY AV
FORT LUPTON, CO 80621
Business/Complex:
Sale Date
5/17/2007
Sale Price
$70,000
Parcel#: 146925114012
Subdivison Name Block#t Lot#
WATTENBERG - 22 - 11
Property Address:
Street: 1708 CAROLINE AV WELD
City: WELD
Sales Summary
Deed Type
SWD
Legal Description
Reception #
3460587
20132 L11 THRU 14 BLK22 WATTENBURG 1708 CAROLINE AV WELD
Land Type
Residential
Land Subtotal:
Bldg#
1
Abst Code
1112
Property Type
Residential
Improvements Subtotal:
Total Property Value
Account#: R0283395
Owners Name & Address:
DEHERRERA THOMAS RAY
1736 MARY AV
FORT LUPTON, CO 80621
Building#
1
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Land Valuation Summary
Unit of Number of
Measure Units
Site
Buildings Valuation Summary
Ranch 1 Story
Frame Hardboard
Drywall
1
2
1
5
Building Details
Actual Value
Assessed
Value
$26,000 $2,070
Actual Value
Property Address:
Street: 1708 CAROLINE AV WELD
City: WELD
Property Type
Residential
Individual Built As Detail
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
Assessed
Value
$82,203 $6,540
$108,203 $8,610
Parcel#: 146925114012
1945
Forced Air
900
Composition Shingle
Units: 0
httn://maos2.merrick.com/Website/Weld/setSal.asp?emd=QUERY&DET=PP&nin=146925 5/R/700g
Identify Results
Page 2 of 2
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Detached SQ Ft: 932
Finished SQ Ft:
httn://mans2_merrick.com/Wehsite/Welrl/setSnl_asn9rmrl=(1T1FRYR&flFT=PPRrnin=1469')S c/R/7noR
5,
Record & Return to:
Colorado Prestige Escrow
Re: dG5/(a
999 18u' St., #260
Denver CO 80202
VIII 11111 111111 IIII VIII 111111 X11111 III VIII IIII liE
3480587 06/04/2007 12:59P Weld County, CO
1 of 2 R 11.00 D 7.00 Steve Moreno Clerk & Recorder
SPECIAL WARRANTY DEED
US Bank National Association, as Trustee, on behalf of the holders of the Asset Backed Pass -Through
Certificates, Series NC 2005-HE4, having an address at c/n Select Portfolio Servicing, Inc, 3815 South
West Temple, Salt Lake City, Utah 84165("Grantor"), for and in consideration of the sum of Seventy
Thousand and 00/100 Dollars ($70,000.00), and other good and valuable consideration in hand paid to
Grantor herein by Thomas Rav DeHerrergr having an address at /7 36 is'
Ft- lu" 1r" re 5dhAl ("Grantee(s)") receipt of which ishereby
acknowledged and confessed; has GRANTED, SOLD AND CONVEYED, and by these presents does
GRANT, SELL AND CONVEY unto Grantee(s) all of the following real property, described as follows:
LOTS II, I?, 13, AND 14, BLOCK 22, TOWN OF WATTENBERG,
COUNTY OF WELD,
STATE OF COLORADO.
which has a street address of 1708 Caroline Avenue, Fort Lupton, Colorado 80621
This Conveyance is made by Grantor subject to the following exceptions:
(a) discrepancies, conflict in boundary lines shortage in area and encroachments
which would be disclosed through a correct and proper survey or physical inspection
of the Property;
(b) any and all covenants, conditions, easements, reservations, rights -of -way and
restrictions affecting the property as evidenced by instruments filed in the public
records of the county where in property is located;
(c) any water rights, claims or title to water, in, on or under the land, or ditches or
ditch rights, water share, water stock, whether shown by the public records, or
otherwise;
(d) any interest in oil, coal and other minerals or mineral rights, whether express or
implied, associated with, or incidental to the ownership of the property, or the
exercise of rights under any oil, gas, coal or mineral reservation, grant or lease, and
all rights privileges and easements with respect thereto, or assignments thereof, of
interests therein; and
(e) real property taxes, general assessments and special assessments on the Property
being conveyed hereby, becoming due and payable after the date of this Deed.
Grantee(s) by acceptance of this Deed acknowledges that Grantor acquired title to the property
through foreclosure, deed -in -lieu of foreclosure or other means of enforcement of a lien in favor of
Grantor. Grantor while in title, has not been in actual physical possession of the property, and
therefore, the Property is being sold to Grantee(s), and Grantee(s), by acceptance of this Deed,
accepts the Property "AS IS", "WHERE IS", catboat any recourse to Grantor, and with no
representations or warranties of any kind or nature being made by Grantor as to the condition,
fitness or status of the Property, except as to the special warranties of title as specifically set forth
herein.
TO HAVE AND TO HOLD the herein described property, together with all in singular the rights
appurtenances thereto belonging unto the said Granee(s), Grantee(s)' heirs, legal representatives,
successors and assigns forever. Grantor does hereby bind itself and its successors and assigns to
WARRANT AND FOREVER DEFEND the property described herein, unto the said Grantee(s) and
Grantee(s)' heirs, legal representatives, successors and assigns against every person whomsoever lawfully
claiming the same or any part thereof, by, through and under Grantor, but not otherwise.
SIGNATURE PAGE TO FOLLOW
1111111 11111 1111111111 11111 1111CIP 11 lit III 111111111111
2 of 2 R 11 00 0 7.00 Steve Moreno Clerk & Recorder
Effective as of the i1 day orMay, 2007.
GRAN'T'OR:
US Bank National Association, as Trustee, on behalf of
the holders oflh Asset Backed Pass -Through
Certificates, ri 2005 -HE!
By:
As: opTOI I(PITTMAN nnr rnNTRnLOFFIC'7
Of Select Portfolio Servicing, Inc., as Attorney in Fact
STATE OF Di a V)
N
COUNTY OF Ci)U4
Ji ct
)ss.
The forgoing Special Warranty Deed was aelmawr edged before me this 11 day of May, 2007
by PATRICK PITTMAN flnC Ogg i BUL of Select Portfolio
Servicing, Inc., as Attorney in Fact for US Bank National Association, as Trustee, on behalf of the holders
of the Asset Backed Pass -Through Certificates, Series NC 2005-HE4
WITNESS MY HAND AND OFFICIAL, SEAL.
My Commission Expires:
Notary Public
NOTARY PUBLIC
DENNIS ULIBARRI
3t 15 South weal Temple
Sall Lake City, Utan 84115
My Commaelon Expire!
April 22. 2011
STATE OF UTAH
Violation Summary Report
BASIC INFORMATION
DEHERRERA THOMAS RAY 1736 MARY AV
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
FORT LUPTON, CO 80621
Peggy Gregory
BCV09-00005
1708 CAROLINE AV
20132 L11 THRU 14 BLK22 WATTENBURG 1708 CAROLINE AV WELD
Location
North
South
East
West
South of County Road 6, East of County Road 23
Agricultural property
Agricultural property
Agricultural property
Agricultural property
Parcel Number: 146925114012-R0283395 Acreage: 0.24
Certified Mail Date: 01/19/2009
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.)
29-3-40. "Additions, alterations or repairs."
A. Additions, alterations or repairs may be made to any building or structure without
requiring the existing building or structure to comply with all the requirements of this
Chapter, provided that the addition, alteration or repair conforms to that required for a new
building or structure.
B. Additions or alterations shall not be made to an existing building or structure which will
cause the existing building or structure to be in violation of any of the provisions of this
Building Code, and such additions or alterations shall not cause the existing building or
structure to become unsafe. An unsafe condition shall be deemed to have been created if
an addition or alteration will cause the existing building or structure to become structurally
unsafe or overloaded, will not provide adequate egress in compliance with the provisions
of this Building Code, will obstruct existing exits, will create a fire hazard, will reduce
required fire resistance or will otherwise create conditions dangerous to human life. Any
building so altered, which involves a change in use or occupancy, shall not exceed the
height, number of stories and area permitted for new buildings. Any building plus new
additions shall not exceed the height, number of stories and area specified for new
buildings.
C. Additions or alterations shall not be made to an existing building or structure when such
existing building or structure is not in full compliance with the provisions of this Building
Code, except when such addition or alteration will result in the existing building or structure
being no more hazardous based on life safety, fire safety and sanitation, than before such
additions or alterations are undertaken.
D. Alterations or repairs to an existing building or structure that are nonstructural and do
not adversely affect any structural member or any part of the building or structure having
required fire resistance may be made with the same materials of which the building or
structure is constructed. The installation or replacement of glass and electrical devices
shall be as required for new installations.
29-8-40 "Expiration of permit."
A. Every permit issued by the Building Official under the provisions of this Building Code
2009-0339
Violation Summary Report
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
The single family dwelling shall be repaired and a flood hazard permit obtained or shall be demolished.
Appropriate permits shall be obtained and inspections completed for either option.
RECOMMENDATION
Staff recommends this case be referred to the County Attorney for immediate action as the permit has
expired and there has been no effort to resolve this issue.
LETTER HISTORY
01/19/2009 Complaint Validated
01/19/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
05/08/2008 Other
06/02/2008 Property Inspected
08/22/2008 Other
12/11/2008 Other
Permit application submitted for repair/remodel of home
due to fire.
Inspection completed by Jimmy Supino. Several items
were noted, also the dwelling is damaged well beyond
50% of the value.
10 -day letter to submit the required information to
process the building permit.
Letter advising permit application has expired, a new
application shall be submitted for repair and remodel or
demolition, and Public Works Department shall be
contacted regarding the Flood Hazard Development
Permit.
111Ilk
COLORADO
January 19, 2009
TOMMY RAY DE HERRERA
1736 MARY AV
FORT LUPTON CO 80621
DEPARTMEI. f OF PLANNING SERVICES
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
Subject: BCV09-00005, Lots 11-14, Block 22, Weld County, Colorado
Dear Mr. DeHerrera:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on February 10, 2009, at 10:00 a.m., to consider the violations.
The property is in violation of the following Sections of the Weld County Code:
Section 29-3-10 "Building permit required."
Section 29-3-40 "Additions, alterations, or repairs."
Section 29-3-160 "Zoning compliance."
Section 29-8-40 "Expiration of permit."
To bring your property into compliance:
A building permit application to repair and remodel the home shall be submitted, fees
paid, the permit issued, a Flood Hazard Development Permit shall be submitted to the
Public Works Department and completed, and all inspections completed on the
building permit OR a demolition permit application shall be submitted, 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.
99 r gory
Building Compliance Officer
4/1
701.
pc: BCV09-00005
BCR08-00379
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U.S. Postal Service.
CERTIFIED MAILre, RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
Postage
- Certified Fee
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Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
O (Endorsement Required)
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Total Postage & Fees
Postmark
Here
Sent To
Tommy Ray DeHerrera
Street, Apt No.;
or PO Box No. 1736 Mary AV
Gay, State, ZIP}4
Fort Lu ton CO
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
TOMMY RAY DE HERRERA
1736 MARY AV
FORT LUPTON CO 80621
A _ ❑ Agent
IllAddressee
B. Received by (Printed Name) C. Dale of Delivery
'1/A, V orpC tirr.t- /I(73/0
Coda® item 1? l9 Yes
drittNAtOr (WFICEdress below: 0 No
A Signature
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Certified Mail
❑ Registered
❑ Insured Mail
❑ Express Mail
❑ Return Receipt for Merchandise
o C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
2. Article Number
(Transfer from service
7007 1490 0004 7353 2006
PS Form 3811, February 2004
Domestic Return Receipt
102595-12-M-1540
WICDc
COLORADO
December 11, 2008
TOMMY RAY DE HERRERA
1736 MARY AV
FORT LUPTON CO 80621
DEPARTMENT OF PLANNING SERVICES
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
Subject: BCR08-00379— Lots 11-14, Block 22, Wattenberg, Weld County, Colorado
Dear Mr. DeHerrera:
On May 7, 2008, you submitted the above noted permit for repair and remodel of a single family dwelling due
to fire damage. The permit has not been issued and the plan review is due to expire. We have discussed the
fact that the dwelling is damaged beyond 50% of the value and a Flood Hazard Development Permit is also
required along with the building permit. At one point you stated you were dealing with the insurance company
but believed you would probably demolish the house as that seemed to be your best and most economical
option.
If you have decided to demolish the dwelling, it will be necessary to submit a demolition permit application (the
fee is $21.00). If you opt to continue with repair and remodel, you will need to contact the Public Works
Department regarding requirements for the Flood Hazard Permit as well as paying for and picking up the
building permit. Failure to respond with your decision by January 5, 2009, will result in expiration of this
permit, a violation notice, and the Weld County Building Department declaring the home a dangerous building
and/or possible abatement. The case is also subject to go before the Board of County Commissioners with
written notice.
Should 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: BCR08-00379
Lin Dodge, Building Technician
SERVICE, TEAMWORK. INTEGRITY, QUALITY
Olg
August 22, 2008
TOMMY RAY DE HERRERA
1736 MARY AV
FORT LUPTON CO 80621
DEPARTMENT OF PLAN NING SERVICES
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
Subject: BCR08-00379, Lots 11-14, Block 22, Wattenburg, Weld County, Colorado
Dear Mr. DeHerrera:
On May 7, 2008, you submitted a permit to repair fire damage to the home at 1708 Caroline Avenue in
Wattenburg. At the time of submittal, you were informed that we would need septic and water information plus
two sets of building plans. It has been determined that there is substantial damage and a Flood Hazard
Development Permit will be required as this home in the in the flood plain.
Failure to submit the required information within 10 days from the date of this letter will result in a violation
notice and is subject to be scheduled with the Board of County Commissioners to determine whether to refer
the case to the County Attorney's Office for legal action.
Thank you for your cooperation in this matter. Should you have any questions or if you need any further
information, please feel free to contact me at the above address, telephone number or e-mail address.
Sincerely,
hey
Peggy Gregory
Building Compliance Officer
pc: BCR08-00379
Lin Dodge, Building Technician
WELD COUNTY
BUILDING INSPECTION
,,r/4/VCORRECTION NOTICE
ZPERMIT NUMBER: UJ" C}277 PAGE OF
NAME/OWNER: De4I) a ra , r1 2z'
PROPERTY ADDRESS/LEGAL /7'J16-1-0 iue 4•40e
INSPECTIONS OF THIS STRUCTURE REVEALED THAT THE FOLLOWING IS NOT IN
COMPLIANCE WITH THE WELD COUNTY BUILDING CODE ORDINANCE.
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J CORRECTIONS MUST BE MADE BEFORE.
.J REINSPECTION REQUIRED. WHEN CORRECTIONS ARE MADE, PLEASE CALL FOR
REINSPECTION. (970)356-8016 OR 1-800-234-2534.
J REINSPECTION FEE REQUIRED BEFORE THE NEXT INSPECTION.
J THIS PERMIT EXPIRES ON.
INSPECTOR DATE Vryir
J
IF YOU WISH TO SPEAK TO AN INSPECTOR, CALL:
(720)652-4210, EXT. 8730. BETWEEN 7:30 A.M. AND 8:30 A.M.
DO NOT REMOVE THIS CORRECTION NOTICE
Identify Results
Page I of 2
Account#: R0283395
Tax Area: 2502
Acres: 0.3099
Township Range Section Quart. Sec.
01 -67 - 25 - 1
Owners Name & Address:
DEHERRERA THOMAS RAY
1736 MARY AV
FORT LUPTON, CO 80621
Business/Complex:
Sale Date
5/17/2007
"VELD COUNTY ASSESSOI.
PROPERTY PROFILE
Sale Price
$70,000
Parcel#: 146925114012
Bordering County:
Subdivison Name Block# Lot#
WATTENBERG - 22 - 11
Property Address:
Street: 1708 CAROLINE AV WELD
City: WELD
Sales Summary
Deed Type
SWD
Legal Description
Reception #
3480587
20132 L11 THRU 14 BLK22 WATTENBURG 1708 CAROLINE AV WELD
Land Type
Residential
Land Subtotal:
Abst Code
1112
Bldg#
1
Property Type
Residential
Improvements Subtotal:
Total Property Value
Account#: R0283395
Owners Name & Address:
DEHERRERA THOMAS RAY
1736 MARY AV
FORT LUPTON, CO 80621
Building#
1
Built As:
Exterior:
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Ranch 1 Story
Frame Hardboard
Drywall
1
2
1
5
Land Valuation Summary
Unit of Number of
Measure Units
Site
Buildings Valuation Summary
Actual Value
Assessed
Value
$26,000 $2,070
Actual Value
Assessed
Value
$82,203 $6,540
Building Details
Property Address:
Street: 1708 CAROLINE AV WELD
City: WELD
Property Type
Residential
Individual Built As Detail
Year Built:
HVAC:
Built As SQ Ft:
Roof Type:
Roof Cover:
$108,203 $8,610
Parcel#: 146925114012
1945
Forced Air
900
Composition Shingle
Units: 0
http://mans2.merrick.com/Website/We1d/setSol.asn?cmd=QUERY&DET=PP&pin=146925-.. 5/R/200R
Identify Results
Page 2 of 2
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Detached SQ Ft: 932
Finished SQ Ft:
httn://mans2.merrick.com/Website/Weld/setSal.asn?cmd=OIJERY&DFT=PP&nin=146925___ 5/R/2OOR
Record & Return to:
Colorado Prestige Escrow
Re: o2G8/!o
999 18th St., #260
Denver CO 80202
111111111111111111 111111111111111111111111111[1111101
I I 111111111111111111 I I I I I I i F I I I 1101
3480667 06/04/2007 12:59P Weld County, CO
1 of 2 R 11 00 0 7.00 Steve Moreno Clerk & Recorder
SPECIAL WARRANTY DEED
US Bank National Association, as Trustee, an behalf of the holders of the Asset Backed Pass -Through
Certificates, Series NC 2005 -HNC, having an address at do Select Portfolio Servicing, Inc., 3815 South
West Temple, Salt Lake City, Utah 84165("Grantor"), for and in consideration of the sum of Seventy
Thousand and 00/100 Dollar; (570,000.00), and other good and valuable consideration in hand paid ^ to
Grantor herein by Thomas RBI'DeHerreras having an address at /7 5f, "WV Rv.k...
Fr- I..;/o" ro 't u.z ("Grantee(s)") receipt of which is hereby
acknowledged and confessed; has GRANTED, SOLD AND CONVEYED, and by these presents does
GRANT, SELL AND CONVEY unto Grantee(s) all of the following real property, described as follows:
LOTS I I, 12, 13, AND 14, BLOCK 22, TOWN OF WATTENBERG,
COUNTY OF WELD,
STATE OF COLORADO.
which has a street address of t708 Caroline Avenue, Fort Lupton, Colorado 80621
This Conveyance is made by Grantor subject to the following exceptions:
(a) discrepancies, conflict in boundary lines shortage in area and encroachments
which would be disclosed through a correct and proper survey or physical inspection
of the Property;
(b) any and all covenants, conditions, easements, reservations, rights -of -way and
restrictions affecting the property as evidenced by instruments filed in the public
records of the county where in property is located;
(c) any water rights, claims or title to water, in, on or under the land, or ditches or
ditch rights, water shore, water stock, whether shown by the public records, or
otherwise;
(d) any interest in oil, coal and other minerals or mineral rights, whether express or
implied, associated with, or incidental to the ownership of the property, or the
exercise of rights under any oil, gas, coal or mineral reservation, grant or lease, and
all rights privileges and easements with respect thereto, or assignments thereof, of
interests therein; and
(e) real property taxes, general assessments and special assessments on the Property
being conveyed hereby, becoming due and payable after the date of this Deed.
Grantee(s) by acceptance of this Deed acknowledges that Grantor acquired title to the property
through foreclosure, deed -In -lieu of foreclosure or other means of enforcement of a lien in favor of
Grantor. Grantor while in title, has not been In actual physical possession of the property, and
therefore, the Property Is being sold to Grantee(s), and Graatee(s), by acceptance of this Deed,
accepts the Property "AS 1S", "WHERE IS", without any recourse to Grantor, and with no
representations or warranties of any kind or nature being made by Grantor as to the condition,
fitness or status of the Property, except as to the special warranties of title as specifically set forth
herein.
TO HAVE AND TO HOLD the herein described property, together with all in singular the rights
appurtenances thereto belonging unto the said Grantee(s), Grantee(s)' heirs, legal representatives,
successors and assigns forever. Grantor does hereby bind itself and its successors and assigns to
WARRANT AND FOREVER DEFEND the property described herein, unto the said Grantee(s) and
Grantee(s)' heirs, legal representatives, successors and assigns against every person whomsoever lawfully
claiming the same or any part thereof, by, through and under Grantor, but not otherwise.
SIGNATURE PAGE TO FOLLOW
1111111 Hi7 ll 111111 1111 11111 SOP 111111 111111 111 11111 1111 III
2 of 2 R 11 00 0 7.00 Steve Moreno Clerk & Recorder
Effective as of the 11 day of May, 2007.
GRANTOR:
US Bank National Association, as Trustee, on behalf of
the holders of Asset Backed Pass -Through
Certificates, r 2005-AE4
STATE OF
1
COUNTY OFXG�.
By:
As: a1I-PryPITTMAN nnr cnNTRrI OFFIC22A
Of Select Portfolio Servicing, Inc., as Attorney in Fact
)ss.
The forgoing Special Warranty Deed was yplmote1.,51ged before me this i ) day of May, 2007
by PATRICK PITTMAN COC. CCJ i RUL I➢r'. , , of Select Portfolio
Servicing, Inc., as Attorney in Fact for US Bank National Association, as Trustee, on behalf of the holders
of the Asset Backed Pass -Through Certificates, Series NC 2005-HE4
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission Expires:
Notary Public
NOTARY PUBLIC
DENNIS ULIBARRI
3815 Soule Weal Temple
Salt Lake City, Ulan 134115
My Commiaup11 Exprtaa
April 22, 2011
STATE OF UTAH
2009/02/09
- 2009/02/09
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