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Home My WebLink About20092387.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION BCV #0900088 AGAINST MATT, JODI, ALLEN AND JOAN WINTER 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, Matt, Jodi, Allen and Joan Winter, BCV #0900088, 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 8th day of September, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Matt, Jodi, Allen and Joan Winter 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 deems it advisable to refer said matter back to the Department of Planning Services due to the building permit being in the process of withdrawal. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV #0900088 against Matt, Jodi, Allen and Joan Winter be, and hereby is, referred back to the Department of Planning Services. 2009-2387 do Pt-, ✓) o9/a 70824 37 VIOLATIONS - BCV #0900088 - MATT, JODI, ALLEN AND JOAN WINTER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of September, A.D., 2009. ATTEST: Weld County Clerk to th BY: Deputy Clerk to the Board Date of signature ounty At orney BOARD OF CO NTY COMMISSIONERS WELD CO ORADO William F. Garcia, Chair EXCUSED Douglas Rademacher, Pro-Tem Sean P. Conway A[ i2 Barbara Kirkmeyer / EXCUSED David E. Long 2009-2387 PL0824 Violation Summary Report BASIC INFORMATION WINTER MATT A & Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: 14842 CR 84 AULT, CO 80610-9704 Peggy Gregory BCV09-00088 14892 CR 84 PT N2NE4 9-7-66 PT LOT B AMD REC EXEMPT RE -2101 LYING IN N2NE4 (2.63R) SITUS: 14892 84 CR WELD 000000000 Location North South East West South of and adjacent to County Road 84, West of and adjacent to County Road 31 Agricultural properties Agricultural properties Agricultural properties Agricultural properties Parcel Number: 070709000041-R0559301 Acreage: 80.56 Certified Mail Date: 08/17/2009 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.) 29-8-40 "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 and all applicable documentation shall be submitted for the structural steel building, fees paid, the permit issued, and all inspections completed. RECOMMENDATION Staff recommends this case be referred to the County Attorney for immediate action as there have been no inspections since February 4, 2008, and no response from the owner. LETTER HISTORY 07/29/2009 Complaint Validated 07/29/2009 LTTR: Violation Notice 08/17/2009 LTTR: Hearing Notification OTHER CASE HISTORY 08/24/2009 Phone Call 2009-2387 Phone call from Matt Winter. He is unable to get funding Violation Summary Report for the building so is unable to continue at this time. He will send a letter requesting withdrawal. 08/20/2009 Certified Mail Receipt (fietai COLORADO August 17, 2009 WINTER MATT A & 14842 CR 84 AULT, CO 80610-9704 WELD COUNTY PLANNING DEPARTMENT Peggy Gregory Building Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3568 FAX: 970-304-6498 E -Mail: pgregory@co.weld.co.us Case: BCV09-00088 Legal Description: PT N2NE4 9-7-66 PT LOT B AMD REC EXEMPT RE -2101 LYING IN N2NE4 (2.63R) SITUS: 14892 84 CR WELD 000000000 Dear: WINTER MATT A & The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 09/08/2009 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 and all applicable documentation shall be submitted for the structural steel building, 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 "DC COLORADO Sincerely, Peggy Gregory Building Compliance Officer pc: BCV09-00088 N ra N rn o, m Postage WELD COUNTY PLANNING DEPARTMENT Peggy Gregory Building Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 x3568 FAX: 970-304-6498 E -Mail: pgregory@co.weld.co.us U.S. Postal Servicemi CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) a p Certified Fee O O Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 7005 1160 Total Postage 8 Fee Postmark Here Se N To _A Jodi._4A/lend JoatAtliinier heat,, Apt. No., t erPDBoxNe ig4.CRpip City, State, Zt :ill /0 • SENDER: SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. IN 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. Weld C 1. Article Addressed to: ii6DA,Jodih) Alien D dJ©on a Winfer l/2 2eR84' ,4ulf e0 '0h/0 COMPLETE THIS SECTION ON DELIVERY A. Signpture ❑ Agent O Addressee B. Received by (Printed Name) tr ifferentfrom item 1? ❑ Yes ery address below: O No AUG 2 0711119 RECEIVED C. Date of Delivery 3. Service Type gCertified Mail O Express Mail Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7005 1160 0001 4539 3717 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 Page 2 of 2 f&t:;IIIID; C. COLORADO July 29, 2009 DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregory{oi7co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 WELD COUNTY BUILDING CODE VIOLATION NOTICE MATT A, JODI L, ALLEN D, AND JOAN C WINTER 14842 CR 84 AULT CO 80610 Subject: BCV09-00088, Part of the N2NE4 of Section 9, T7N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Winter: It has been determined that the property located at 14892 County Road 84 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 your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the structural steel building, 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 fail to correct this violation within 14 (fourteen) days from July 29, 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. Pegg G egory rt Building Compliance Officer pc: BCV09-00088 BCR07-01809 WI�'Yc. COLORADO July 13, 2009 MATT A, JODI L, ALLEN D and JOAN C WINTER 14842 CR 84 AULT CO 80610 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: Permit # BCR07-01809 — Part of the N2NE4 of Section 9, T7N, R66W of the 6th P.M Weld County, Colorado Dear Mr. and Mrs. Winter: On January 24, 2009, you were granted an extension on the above noted permit for a structural steel building at 14892 County Road 84. According to our records, that extension expires on July 14, 2009, and there are inspections remaining to be completed. Failure to complete the inspections within 10 days from the date of this letter will result in expiration of the permit, a violation notice, and is subject to go before the Board of County Commissioners with written notice. You may call our 24 -hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Peggy Gregory Building Compliance pc: BCR07-01809 SERVICE, TEAMWORK, INTEGRITY. QUALITY Wit COLORADO DEPARTMENT OF BUILDING INSPECTION NORTH OFFICE 918 10th Street, Greeley, CO 80631 (970) 353-6100 ext 3540 Fax (970) 304-6498 EXTENSION REQUEST FORM SOUTH OFFICE 4209 CR 24.5 Longmont CO 80504 (720) 652-4210 ext 8730 Fax (720)652-4211 DATE I - 13—l'(7 PERMIT NUMBER P Lt07 `o/ /)oq PROPERTY OWNER it Aft q ,ila' c h ) )A1 feAc SITE ADDRESS / `/ 8 2 ("C4 r)'`/ %-C ( %/ % �C' 6 i' / ORIGINAL EXPIRATION DATE /-)17-G ? NEW EXPIRATION D E %T/7O9) REASON FOR EXTENSION .-(,/:/K/J'.vy / 2 0Y 2h(7/ 7--,P'' L'(5- FX tfl-,t//'l/ SIGNED RELATIONSHIP TO PROPERTY OWNER APPROVED BY FEE $42.00 PAYOR CK# 451O DATE / -h-(%y v1/4Q 7)917-4 hiag DATE /--/3- 09 CASH CREDIT CARD /=IN /T T1 VIDe COLORADO December 15, 2008 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 MATT A, JODI L, ALLEN D, and JOAN C WINTER 14842 CR 84 AULT CO 80610 Subject: Permit # BCR07-01809 — Part of the N2NE4 of Section 9, T7N, R66W of the 5th P.M., Weld County, Colorado Dear Property Owners: This letter is to remind you that a permit for a structural steel building at 14892 County Road 84 was issued on January 16, 2008. According to our records, this permit will expire on January 15, 2009, and all of the required inspections have not been completed. Article VIII, Section 29-8-40 of the Weld County Code states that: Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become void after the given utilization period has elapsed. The utilization period begins on the date of permit issuance. If the building or work authorized by a Building Permit has not received final inspection by the permit expiration date, all work shall stop until a new permit is issued. Article VIII, Section 29-8-45 states: A. The Building permit holder may submit a request for an extension of time before the expiration of the utilization period. The Building Official may extend the Building Permit one time, for a period not to exceed 180 calendar days. Such request shall include name, address, telephone number, the building permit number, site address and a description of specific circumstances which prevented completion of the work prior to the expiration date. A $42.00 fee shall be charged if a building permit extension is granted. B. If the Building Permit expires before a request is submitted for an extension, an extension shall not be granted. To proceed with the same project the following process shall be required: 1. A new permit must be obtained. 2. The full permit fee must be paid along with any other applicable fees. 3. The applicant must comply with all applicable codes and regulations in effect at the time the new permit application is submitted. SERVICE. TEAMWORK. INTEGRITY. QUALITY page two An expired permit will result in a violation being issued and will remain open until a new permit is issued and is subject to go before the Board of County Commissioners with written notice. You may call our 24 -hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, �V V Peggy Gregory Building Compliance Officer pc: BCR07-01809 SERVICE. TEAMWORK INTEGRITY. QUALITY '47k WI�'Yc COLORADO DEPP VENT OF BUILDING INSPECTION NORTH OFFICE 918 10 STREET GREELEY, COLORADO 80631 (97O) 353-6100, ext.3540 FAX (970) 304-6498 SOUTH OFFICE 4209 CR 24.5 LONGMONT, COLORADO 80504 (72O)652-4210, ext.8730 FAX (720)652-4211 BUILDING PERMIT EXPIRATION Building permit no. TIP 61-06g7 Is being issued on t, J I t ) (ii O In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on: of, )SO If the building or work authorized by a Building Permit has not received final inspection by the permit expiration date, all work s II op until a new permit is issued. A letter will be mailed to the property owner prior to t the permit is to expire. Signed�'�� Date: /— /6 c Relationship to Property Owner: Respectfully, Roger Vigil Chief Building Official Office Tech: Date: a 1(c/OJ cc: Building Permit File &y I IIIIII 111111IIIIII 1111 IIII11111111 it III itt1li fill filed for record the day of ,A.D. at o'clock R. RECORDER By DEPUTY. Reception No. WARRANTY DEED THIS DEED, Made on this day of March 07, 2001 between ALVIN B. GEIST Fee Date 3 -I 3 -t` of the County of LARIMER and State of Colorado the Grantor(s), and MATT A. WINTER AND JODI L. WINTER COMMON WITH ALLEN D. WINTER AND AN C. WINTER AS JOINT TENANTS ST O AN NREST AND AS DIVIDEDI 2INTEREST TENANTS IN T whose Legal address is : 2417 EAST MULBERRY, FORT COLLINS, CO 80524 of the County of LARIMER and State of Colorado the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sin of ( 5185,000.00 ) ••• One Hundred Eighty Five Thousand and 00/100 en the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, Lying and being in the County of WELD and State of Colorado, described as follows: LOT B, AMENDED RECORDED EXEMPTION NO. 0707 -09.1 -RE 2101. ACCORDING TO THE PLAT RECORDED JANUARY 11. 2001 AT RECEPTION NO. 2818727, BEING LOCATED IN TILE NE 1/4 OF SECTION 9. TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE. 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DOLLARS also known as street number VACANT LAND, AULT, CO 80610 TOGETHER with all and singular and heredi temente and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and al L the estate, right title interest, claim end demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditament• and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, end has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encurbrances and restrictions of whatever kind or nature sower, SUBJECT TO GENERAL TAXES FOR THE YEAR 2001; AND EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY, AND DISTRIBUTION RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE. AND INCLUSION NOT OF THE PROPERTY WITHIN PUBLIC ANY SPECIAL TAXING DISTRICT; AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS, IF ANY. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persona lawfully yhclaiming aimng twh the whole or any part thereof. The singular miter shall include the plural, and the plural the singular, and shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. AL ¢EIti 1' STATE OF Colorado 1st. County of LARIMER ) The foregoing instrument was acknowledged before me on this day of March 07,2001 by ALVIN B. GEIST By commission e Witness my hand SHAWN cNOTARYPUB C ea nd offi_ COLORADO Notary Publi salon Expires 840 ----- Name and Address of ting Newly Created Legal Description ( 38-35-106.5, C.R.S.) Escrow. FC211985 Tit lea FC211985 Form No. 932 Rev 4-94. WARRANTY DEED (Photographic Record W01) FORT COLLINS. CO 80524 When Recorded Return to: JMATT OINTATENANTERAANDTOJODI L. WINTER AS AN UNDIVIDED1/2 2417 EAST MULBERRY Hello