HomeMy WebLinkAbout20092388.tiffRESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONER REGARDING VIOLATION BCV #0900089
AGAINST THOMAS AND CINDY HAREN 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 and Cindy Haren, BCV #0900089, 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, Thomas Haren, property owner, was present at said hearing, and
WHEREAS, the Board deems it advisable to refer said matter back to the Department of
Planning Services, and to re -open the expired building permit for a period of one (1) year, to allow
the property owners adequate time to work with staff to resolve the issues surrounding this matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that BCV #0900089 against Thomas and Cindy Haren be, and hereby is,
referred back to the Department of Planning Services, and to re -open the expired permit for one
(1) year to allow the property owners adequate time to complete this project.
2009-2388
PL0824
et: fi l act 4a3loc1
VIOLATIONS - BCV #0900089 - THOMAS AND CINDY HAREN
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.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT'L'. COLORADO
ATTEST:
Weld County Clerk to
BY
Deputy Clerk to the
APPR
D AS T
unty Attorney
Date of signature 9/-x/09
arbara Kirkmeyer
William F. Gar hair
EXCUSED
Douglas Rademacher, Pro-Tem
r/ -
Sea, P. Conway
EXCUSED
David E. Long
2009-2388
PL0824
Violation Summary Report
BASIC INFORMATION
HAREN THOMAS M &
Tenant:
Compliance Officer:
Violation Number:
Situs Address:
Legal:
Location:
Parcel Number:
14339 CR 44 PLATTEVILLE, CO 80651
Peggy Gregory
BCV09-00089
14339 CR 44
PT SW4 16-4-66 LOT A REC EXEMPT RE -4294 SITUS: 14339 44 CR
WELD 00000
Location
North
South
East
West
North of and adjacent to County Road 44, East of County
Road 29
Agricultural properties
Agricultural properties
Agricultural properties
Agricultural properties
105716300001-R4230506 Acreage: 4.44
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 addition and remodel
of the existing dwelling, 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 permit and
extension have expired and there were numerous correctionS at the last inspection of June 11, 2009.
LETTER HISTORY
08/03/2009 Complaint Validated
08/03/2009 LTTR: Violation Notice
08/17/2009 LTTR: Hearing Notification
OTHER CASE HISTORY
2009-2388
Violation Summary Report
01/17/2008 Other
12/16/2008 Other
01/09/2009 Office Visit
07/15/2009 Other
Permit number BCR07-00851 issued
Letter to remind of 01/16/09 expiration date
180 -day extension granted
10 -day letter advising extension has expired
hiDe
COLORADO
August 17, 2009
HAREN THOMAS M &
14339 CR 44
PLATTEVILLE, CO 80651
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: BCV09-00089
Legal Description: PT SW4 16-4-66 LOT A REC EXEMPT RE -4294 SITUS: 14339 44 CR WELD 00000
Dear: HAREN THOMAS M &
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 addition and
remodel of the existing dwelling, 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
I‘a
hiDeCOLORg
Sincerely,
Peggy Gregory
Building Compliance Officer
pc: BCV09-00089
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 Servicerrt
CERTIFIED MAILLM RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
Postage
Certified Fee
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement Required)
Total Postage & Fees
Postmark
Here
Sent To
7fx ras_AO Cindy ten
-Street, Apt. /433ewt�.4'g'
1 2- or P0 Box Na
City, Stat
t! u
PS Form 3800, June 2002
•/ Co 206.5/
See Reverse for Instructions
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.
it Attach this card to the back of the mailpiece,
or on the front if space permits.
. Article Addressed to:
7lomas Met Cindy Caren
14359 CP 44
f?la#evi/e CO 7065/
COMPLETE THIS SECTION ON DELIVERY
A. Signature
x
• 1,
❑ Agent
❑ Addressee
B. Received by
•
'tinted Name)
C. Date of Delivery
D. Is deliver}/address different from item 1? O Yes
If YES, enter delivery address below: ❑ No
3. Service Ty
gCertifi Mail
Registe
❑ Insured
m
❑ E ess Mail 0
❑ Retteceipt ikvierchandise
Li C.O.Dql
4. Restricted Deli r1 (Extra Fee)
2. Number 7005 1160 0001 4539 368'�'�
(Transfer from service lot
PS Form 3811, February 2004 Domestic Return Receipt
® 102595-02-M-1540
Page 2 of 2
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
E-mail Address: poreciorv(Wco.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
August 3, 2009
THOMAS M and CINDY HAREN
14339 CR 44
PLATTEVILLE CO 80651
Subject: BCV07-01851, Part of the SW4 of Section 16, T4N, R66W of the 6t" P.M., Weld County, Colorado
Dear Mr. and Mrs. Haren:
It has been determined that the property located at 14339 County Road 44 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 addition and remodel
of the existing dwelling, 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 August 3, 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 Attorneys 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.
ely,
Art
Peggregory
Building Compliance Officer
pc: BCV09-00089
BCR07-01851
WUk.
COLORADO
July 15, 2009
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
THOMAS M and CINDY HAREN
14339 CR 44
PLATTEVILLE CO 80651
Subject: Permit # BCR07-01851 — Part of the SW4 of Section 16, T4N, R66W of the 6'" P.M.,
Weld County, Colorado
Dear Mr. and Mrs. Haren:
On January 9, 2009, you were granted an extension on the above noted permit for an addition and remodel of
your home at 14339 County Road 44. According to our records, that extension has expired 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: BCR07-01851
SERVICE, TEAMWORK, INTEGRITY, QUALITY
1 I
1
feitm
C.
COLORADO
DATE
/Wei
DEPARTMENT OF BUILDING INSPECTION
NORTH OFFICE
918 10th Street,
Greeley, CO 80631
(970) 353-6100 ext 3540
Fax (970)304-6498
EXTENSION REQUEST FORM
PERMIT NUMBER
SOUTH OFFICE
4209 CR 24.5
Longmont CO 80504
(720) 652-4210 ext 8730
Fax (720) 652-4211
3c2Ea7-oifsi
PROPERTY OWNER µ M84v 4' a/u0y 7/40 r-
14331
SITE ADDRESS Lx- (
ORIGINAL EXPIRATION DATE /-/10-O9 NEW EXPIRATION D47/5-09_) 7 l /5-09 /
REASON FOR EXTENSION 13/410 tJL:L) £" l C Q7-'^ 9--C; L (
(P/A S I—viv is rt ce-- /4 b 44 e_cR-
SIGNED / I J DATE 1(4/1
RELATIO1S P TO PROPERTY OWNER
APPROVE BY LtrLVD DATE I i1CDO
FEE $42.00 PAYOR SJ4t,/2l`it
CK# o?/D.% CASH CREDIT CARD
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
December 16, 2008
THOMAS M AND CINDY HAREN
14339 CR 44
PLATTEVILLE CO 80651
REMODELERS INC
1425 W 29 ST
LOVELAND CO 80651
Subject: Permit # BCR07-01851 — Part of the SW4 of Section 16, T, R66W of the 6th P.M.,
Weld County, Colorado
Dear Mr. and Mrs. Haren:
This letter is to remind you that a permit for an addition to your home at 14339 County Road 44 was issued on
January 17, 2008. According to our records, this permit will expire on January 16, 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.
SERVICE. TEAMWORK, INTEGRITY, QUALITY
Wine.
COLORADO
DEPAI TENT OF BUI LDING INSPECTION
NORTH OFFICE
918 10 STREET
GREELEY, COLORADO 83631
(97O) 353-6100. ex:.2540
FAX (970)304-6498
SOUTH OFFICE
4209 CR 24.5
LONGMONT, COLORADO 80504
(72O)552-4210, ex1.8733
FAX (720)652-42'1
BUILDING PERMIT EXPIRATION
Building permit no. 3 C 7- c i S/
!s being issued on / / 7- e8
In accordance with Section 29-8-40 of the Weld County Code, this permit will expi re on:
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.
i
Signed: J l n Date: ///7/C
Relationship to Property Owner
Respectfully,
Roger Vigil
Chief Building Official
Office Tech: _
Date:
c: .1
/-/7-c'�
Building Permit File
381 QUITCLAIM DEED 3569381 07/30/2008 04.00P Weld County, CO
1 of 1 R 6.00 D 0.00 Steve Moreno Clerk 8 Recorder
THIS DEED, dated July 18, 2008 between Thomas M. Haren
Of the County of Weld and State of Colorado, grantor(s), and Thomas M. Haren and Cynthia S. Haren as joint
tenants.
Whose legal address is 14339 Highway 256 Platteville, CO 80651 Of the County of Weld and State of Colorado
grantee(s).
WITNESS, that the grantor(s), has remised, released, sold and QUITCLAIMED, and by these presents
do remise, release, sell and QUITCLAIM unto the grantee(s), heirs, successors and assigns forever, all the
right, title, interest, claim and demand which the grantor(s) 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 A of Recorded Exemption No. 1057-16-3 RE -4294, recorded February 7, 2006 at Reception No. 3361352,
being part of the Southwest 'A of Section 16, Township 4 North, Range 66 West of the 6th P.M., County of Weld,
State of Colorado.
Also known by street number as 14339 Highway 256 Platteville, CO 80651.
And being subject to all easements and rights -of -way of record.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges
thereunto belonging, or anywise thereunto appertaining, and all the estate, right, title, interest and claim
whatsoever of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s)
heirs and assigns forever.
IN WITNESS WHEREOF, the grantor(s) has executed this dee• •n t f��.is: �o ' above.
STATE OF COLORADO
County of Weld
}
} ss.
The oregoing instrument was acknowledged before me this
2c sae/ 0q 'AM ,ez<c,
Witness my hand and official sal.
My commission expires: Sr7a/o2o I O
c t fi
0::*•C
C'
7S711S day of
Haren
Notary Public
aim
2694; by
111111 11111 11111 I I 1111111111111 I I 111111 I I I I I I I I
056 3368056 03/0612006 11:01A Weld County, CO
1 of 1 R 6.00 D 28.50 Steve Moreno Clerk & Recorder
WHEN RECORDED RETURN TO:
Thomas M. Haren
14330111. .. uy-256-'I3Sti Hwy la(v r-2��
Plei.[...'ll� C9—OR651 Lw.idi. Co �C>
SPECIAL WARRANTY DEED
THIS DEED, dated March 02, 2006, between
KCB, LLC, a Colorado Limited Liability Company,
duly organized and existing under and by virtue of the laws of the State of Colorado,
grantor(s), and
SDF $28.50
Thomas M. Haven,
whose legal address is 14339 Highway 256, Platteville, CO 80651, of the County of Weld and State of Colorado
grantee(s):
WITNESS, that the grantor(s), for and in consideration of the sum of Two Hundred Eighty Five Thousand and
00/100 Dollars ($285,000.00), 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 A of Recorded Exemption No. 1057-16-3 RE -4294, recorded February 7, 2006 at Reception No.
3361352, being a part of the Southwest 1/4 of Section 16, Township 4 North, Range 66 West of the 6th
P.M., County of Weld, State of Colorado.
Grantor reserves Irrigation Well generally located in the Southwest portion of subject property.
Grantor reserves a nonexclusive water line easement fifteen feet ( 15' ) in width that runs parallel along the
north side of the Right of Way on the subject property's South boundary line. The purpose of this right of
way is for the future placement of a Central Weld Water District water line.
Grantor reserves a fifteen ( 15' ) easement from the electric meter on the subject property to the north
property line of subject property.
also known by street and number as: 14339 Highway 256, Platteville, CO 80651
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the
above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the
grantee(s), his heirs and assigns forever. The grantor(s), for itself, its successors and assigns, does covenant and agree
that it 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 persons lawfully claiming the whole or
any part thereof, by, through or under the grantor(s), except general taxes for the year 2006 and subsequent
years, and except easements, covenants, conditions, restrictions, reservations, and rights of way of record, if
any.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to
all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
KCB, L&ts.Colorado Limited Liability Company
Todd Bean, Authorized Agent
STATE OF COLORADO
COUNTY OF Weld
The foregoing instrument was acknowledged before me on March 02, 2006 by Todd Bean who personally appeared as
Authorized Agent of KCB, LLC, a Colorado Limited Liability Cyriipany.
)SS
Witness my hand and official seal.
My Commission Expires: 12-6
File No. LTMy0001682
DOC-SWD Corp to Indv
CTU
LT\MU UDC), -1
Hello