HomeMy WebLinkAbout20090065.tiffRESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST BECKLES, LLC 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, Beckles, LLC, BCV #0800068, is allegedly in violation of the Weld County
Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 13th day of January, 2009, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Beckles, LLC, 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 February 13, 2009, to allow adequate time for the property owner to submit a
new Building Permit 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 #0800068 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Beckles, LLC, 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 February 13, 2009, to allow adequate time for the property owner to submit
a new Building Permit to bring the subject property into compliance.
2009-0065
PL0824
Oa%3kg
VIOLATIONS - BCV #0800068 - BECKLES, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of January, A.D., 2009.
ATTEST:
144
William F. Garcia, Chair
BOARD
WELD
F COUNTY COMMISSIONERS
LORADO
Weld County Clerk to
BY
APP
Deputy Cle
y Attorney
Date of signature.
Douglas Rademach-r, Pro- em
�
6:;$
�
P. Conway • a
ara Kirkmeyer
Jch)/David E. Long
2009-0065
PL0824
Violation Summary Report
BASIC INFORMATION
BECKLES LLC
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
1020 9 ST #202 GREELEY, CO 80631
Peggy Gregory
BCV08-00068
4513 HOT SPRINGS DR
1WHP10-42 L42 BLK10 WEST HILL -N -PARK 1ST FG 1ST REPLAT
SITUS: 4513 HOT SPRINGS DR WELD
Location:
Parcel Number: 095926321008-R2681086 Acreage: 0.21
Certified Mail Date: 05/27/2008
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.)
REMEDY
A permit application and all applicable documentation shall be submitted for the uncovered deck, fees
paid, the permit issued, and all inspections completed.
RECOMMENDATION
Staff recommends this case be referred to the County Attorney for immediate action as the two
previous permits for the uncovered deck have expired.
LETTER HISTORY
04/15/2008 Complaint Validated
04/15/2008 LTTR: Violation Notice
05/27/2008 LTTR: Hearing Notification
10/15/2008 LTTR: Other Letter
11/14/2008 LTTR: Other Letter
OTHER CASE HISTORY
08/01/2006 Property Inspected
04/16/2008 Property Inspected
06/10/2008 Other
12/11/2008 HEARING NOTIFICATION
SETBACKS APPROVED
INSPECTIONS SCHEDULED - NO ONE HOME
New permit application submitted (MFG08-00085).
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 exoire by limitation
2009-0065
Violation Summary Report
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)
COLO :LADO
C' PARTiilEIIT OF PLANNING SERVICES
Building Cornpiiance Division
918 10th Street, Greeley, CO 80631
Website: vr:vw.co.weld.co.us
E-mail Address: pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
December 11, 2008
BECKLES LLC
1020 9 ST #202
GREELEY CO 80631
Subject: BCV08-00068, Lot 42, Block 10, West Hill -N -Park 1st Filing, Weld County, Colorado
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on January 13, 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 "Expiration of permit."
To bring your property into compliance:
A permit application and all applicable documentation shall be submitted for the uncovered
deck, 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.
Sincerely,
Peggy Gregory
Building Compliance Officer
pc: BCV08-00068
SERVICE, TEAMWORK, INTEGRITY, QUALITY
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Total Postage & Fe.ia ; ;p
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Certified Fee 1
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Sent To
.- 8 �k1es...L,LC
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[CNy,State, .::'+a Greeley CO 80631
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• Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
it 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.
B. Received by (Printed Name)
b t (3.
1. Article Addressed to:
BECKLES LLC
1020 9 ST #202
GREELEY CO 80631
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jaCer titled Mail O Express Mail
❑ Registered O Return Receipt for Merchandise
❑ •.nsured Mail In C.C.D.
4. Restricted Delivery? (Extra Fee)
O Yes
2. Article Number
(Transfer from service lab_,_.__.
7005 1167 0001 4539 3076
PS Farm 3811, February 2004
Domestic Return Receipt
102595-02-M-1540
caoR ADO
DEPARTMVIENT OF PLANNING SLRVICES
Building Compliance Division
918 10th Street, Greeley, CO 80631
Website: www.co.weid.co.us
E-mail Address: 2erecory(Wco.weld.co._is
Phone. (970) 353-6100, Ext. 35,38
Fax: (970) 304-6498
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
November 14, 2008
BECKLES LLC
1020 9 ST #202
GREELEY CO 80631
Subject: BCV08-00068, Lot 42, Block 10, West Hill -N -Park, 1st Filing, Weld County, Colorado
Permit number MFG08-00085 has now expired and the property located at 4513 Hot Springs Drive 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 uncovered deck, fees paid, the permit is:.ied, and
all inspections completed.
It is tl le 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 November 14, 2008. Failure to
do so will result in this office scheduling the violation before the Board of County Commissioners to considerwhetherto
refer the case to the County Attorney's Office for legal action.
Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding
this letter, or if you need any further information, please feel free to coniact 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.
Sinely,
Peggy Gregory
Building Compliance Officer
pc: BCV08-00068
MFG08-00085
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
E-mail Address: poregory@ccxveld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
October 15, 2008
JACK BUCK
BECKLES LLC
1020 9 ST #202
GREI:l.EY CO 80631
Subject: Permit # MFG08-00085 — Lot 42, Block 10, West Hill -N -Park 1st Filing, Weld County, Colorado
Dear Mr. Buck:
This letter is to remind you that a permit for an uncovered deck at 4513 Hot Springs Drive was issued on
August 15, 2008. According to our records. this permit will expire on November 13, 2008, and several
corrections were noted during the inspection of August 29. 2008.
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. TE.NN1AVORK. 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.
Since,,-ely,
Peggy Gregory
Building Compliance Officer
pc: MFG08-00085
BCV08-00068
SERVICE, TEAMWORK. INTEGRITY. QUALITY
COLJOLADO
WELD COUNTY PL; NNING DEPARTMENT
Peggy Gregory
Building Compliance Officer
918 10th St
Greeley, CO 80631
Phone: 970-353-6100 x3568
FAX: 970-304 3'-98
E -Mail: pgregory@co_weld.co.us
May 27, 2008
BECKLES LLC
1020 9 ST #202
GREELEY, CO 80631
Case: BCV08-00068
Legal Description: 1WHP10-42 L42 BLK10 WEST HILL -N -PARK 1ST FG 1ST REPLAT SITUS: 4513 HOT SPRINGS
DR WELD
Dear: BECKLES LLC
The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of
County Commissiners on:
06/17/2008 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.)
To bring your property into compliance with the Weld County Code:
A permit application and all applicable documentation shall be submitted for the uncovered deck,
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 'n attendance at this meeting
to answer any questions the Board of County Commissioners might have regarding the violation.
The Department of :3uilding Inspection w!II 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 Me violation, and that you were given sufficient time to
remedy the violation. If you wish to see me personally, please cali to schedule an appointment so that I may reserve a
sufficient amount of time with you.
Sincerely,
p pV 47
Peggy Gregory
Building Compliance Officer
pc: BCV08-00068
Page 1 of 1
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BECKLES LLC
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GREELEY CO 80631
• Complete items 1, 2, and 3. Also complete
item 4 If Restricted Delivery is desired.
Is 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:
BECKLES LLC
1020 9 ST #202
GREELEY CO 80631
2. Article Number
(Transfer from service label)
Weid Coun
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❑ Agent
❑ Addressee
'ame) C. Date of Delivery
D. Is delivery address diff.�rent from item 1?
PIa.niH4� eritparitifieratacdress below:
L.EY OFFICE
iflU la Express Mall
❑ Regis:erad O Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
G Yes
O No
4. Restncted Delivery? (F::ra Fee)
O Yes
7007 1490 0004 7353 4918
PS Form 3811, February 2004
Domestic Return ieceipt
102595-02-M-1540
C:U .10 :1ADO
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO 80631
Website: vvww.co.weld.co.us
E-mail Address: caregorvif co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
W_LD COUNTY
BUILDING CODE VIOLATION NOTICE
April 15, 2008
BECKLES LLC
1020 9 ST #202
GREELEY CO 80631
Subject: BCV08-00068, Lot 42, Block 10, West Hill -N -Park, 1st Filing, Weld County, Colorado
Permit number BCR07-01609 has now expired and the property located at 4513 Hot Springs Drive is currently in
violation of the following Section of the Weld County Code:
Section 29-3-10 "Building permit required."
Section 29-3-40 "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 uncovered deck, 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 April 15, 2008. 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.
Any information you have that may help to resolve this matter will be helpful. 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
y,
PeggVv-
y Gregory
Building Compliance Officer
pc: BCV08-00068
BCR07-01609
DEPARTMENT OF PLANNING SERVICES
Building Compliance Divis on
918 10th SL'u. t
Greeley, CO 80631
pgregory@co.weid.co.us
Phone: (970) 353-6100. Ext. 3568
Fax: (970) 304-6498
March 14, 2008
BECKLES!.LC
1020 9 ST #202
GREELEY Co 80631
Subject: Permit # BCR07-01609 — Lot 42, Block 10, West Hill -N -Park.. 1st Filing. Weld County, Colorado
Dear Property Owner:
This ietter is to remind you that a permit for an uncovered deck on a manufactured home at 4513 Hot Springs
Drive was issued on January 16, 2008. According to our records, this permit will expire on April 15, 2008, 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 snail 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 342.00 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 appiicabie codes and reguiations in effect at the time the new
permit application is submitted.
SFRVICL. l'C9h1WORIC INTEGRiTP. ()G.Au'IY
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 cal; 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 Officer
pc: BCR07-01609
SER 1'ICE. IE111A'ORK. IN: 3:78171. Ql'4Li l",
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2703343 04/75/2003 03:52P JA Sulai Tsukamoto
1 al 1 R 5,00 D 0 00 Well County CO
QUITCLAIM DEED
THIS DEED, made :his 27 day of MARCH
, 2000 ,between
LEONARD AMENDOLA
of the County of WELD and State of COLORADO , grantor, and
HECKLES Ll-C
whose address is 1020 9TH STREET, 8301, GREELEY, COLORADO 80631
of the County of WELD and State of COLORADO ,grantees:
WITNESS, that the grantor, for and in consideration of the sum of TEN DOLLARS AND OTHER
VALUABLE CONSIDERATION DOLLARS, the
receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and
QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the grantees, their
heirs, successors and assigns forever, not in tenancy in common but in joint tenancy, all the right, title,
interest, claim and demand which the grantor has in and to the real property. together with improvements,
if any, situate, lying and being in the County of WELD and State of
Colorado, described as follows:
LOT 42. BLOCK 10,
FIRST REPLAT OF WEST HILL -N -PARK FIRST FILING,
A SUBDIVISION OF WELD COUNTY, COLORADO.
also known by street and number as: 4513 HOT SPRINGS DRIVE, GREELEY, CO 80634
TO HAVE. AND TO HOLD the same, together with all and singular the appurtenances and privileges
thereunto belonging, or in anywne thereunto appertaining. and all the estate, right, title, interest and claim
whatsoever of the grantor, either in law or equity, to the only property use. benefit and behoof of the
grantees, their heirs and assigns forever.
The singular number snail include the plural. the plural the singular, and the use of any gender shall be
applicable to all genders.
IN WIENERS W IIER:.OF, the grantor has executed this deed on the date set forth above.
-LE
NARI) A,MENDO
g\ —
STATE OF COLORADO
ss,
County of WELD
The foregoing instrument was acknowledged before me this a'a}'1 day of MARCH , 2000
by LEONARD AMENDOLA
Witness by hand and official seal.
My commission expires:l'lr CinimissbnEQig3At4u.st 1.2002
ntary Public
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