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Home My WebLink About20090340.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION BCV #0900006 AGAINST LEGACY HOMES OF NORTHERN COLORADO, 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, Legacy Homes of Northern Colorado, LLC, BCV #0900006, 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, and WHEREAS, Legacy Homes of Northern Colorado, LLC, was 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 bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Legacy Homes of Northern Colorado, 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. 2009-0340 PL0824 ((1 ; ,L, lsloL 03-oS-0% VIOLATIONS - BCV #0900006 - LEGACY HOMES OF NORTHERN COLORADO, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of February, A.D., 2009. ATTEST: Weld County Clerk to BY. Deputy Clerk APPR• r%AS un y o the Board orney Date of signature - David E. Long BOARD OF C NTY COMMISSIONERS WELD O�T COLORADO William F. Garc - - air uglas ' . dem: cher, Pro-Tem Seal P. Conway a .:_. ra Kirkmeyer 2009-0340 PL0824 Violation Summary Report BASIC INFORMATION LEGACY HOMES OF NORTHERN COLCSRa& c14 EATON, CO 80615 Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: Parcel Number: Certified Mail Date: Peggy Gregory BCV09-00006 20197 LEOLA WAY MEP L16 BLK 1 APPALOOSA ACRES ESTATES WAY WELD 00000 Location North of County Road 74, East of 070933302016-R3852705 Acreage: 1.00 01/19/2009 PUD 20197 LEOLA County Road 41 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 shall be submitted for the new single family dwelling, a certified check shall be presented for the permit fees, the permit issued, and all inspections completed OR the open basement shall be secured. RECOMMENDATION Staff recommends this case be referred to the County Attorney for immediate action as the building permit has expired, the basement remains open, and and the permit fees have not been paid due to an insufficient funds check. LETTER HISTORY 01/19/2009 Complaint Validated 01/19/2009 LTTR: Hearing Notification OTHER CASE HISTORY 10/23/2008 Office Visit 11/06/2008 Phone Call 11/25/2008 Phone Call Karl Rusch was in the office today. He will write a letter requesting withdrawal of the permit and install a fence around the open basement Left message for Karl Rusch. I have not received his withdrawal request. Phone call from Karl Rusch. He has had some interest 2009-0340 Violation Summary Report 12/31/2008 Other in the property and is now going ahead with construction. He will bring in a certified check and request an extension. Letter to Karl Rusch to respond by January 9, 2009, with either payment and extension request or permit will expire. WE�Yc 6ttt COLORADO January 19, 2009 KARL RUSCH LEGACY HOMES LLC PO BOX 414 EATON CO 80615 DEPARTMEI.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: BCV09-00006, Lot 16, Block 1, Appaloosa Acres Estates PUD, Weld County, Colorado Dear Mr. Rusch: The property referenced above is 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 violation. The property is in violation of the following Sections of the Weld County Code: Section 29-3-10 "Building permit required." Section 29-3-200 "Fees." Section 29-8-40 "Expiration of permit." To bring your property into compliance: A permit application and all applicable documentation shall be submitted for the new single family dwelling, fees paid by certified check, the permit issued and all inspections completed OR the basement secured to prevent accident or injury. 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. Peggy Gregory Building Compliance Officer pc: BCV09-00006 BCR07-01729 Julie Givan-Wittow, Office Manager rn U1 m N U.S. Postal Service-. CERTIFIED MAILIM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee D O O Restricted Delivery Fee D (Endorsement Required) N 0 D M Return Receipt Fee (Endorsement Required) Total Postage & Fees Sent To Postmark Here Karl Rusch — Legacy Homes LLC Street, Apt No.; or PC Box No. PO Box 414 City, State, ZIP+4 Eaton CO 8061 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: KARL RUSCH LEGACY HOMES LLC PO BOX 414 EATON CO 80615 A. Signature X ❑ Agent ■ •ddressee B. R- eived y (Pitted Name) C.7zto of D livery ar )2u s , r1/z 2?d9 address different from item 1 ❑ Yes D. Is delivery Weld County Plai1ti% 4iitefftYll'entaddress below: ❑ No GRE :LEY OFFICE .It \I 29 ?0f1Q RECEIVED0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7007 1490 0004 7353 1948 (Transfer from service la , PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 December 31, 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 KARL RUSCH LEGACY HOMES LLC PO BOX 414 EATON CO 80615 Subject: Permit # BCR07-01729 — Lot 16, block 1, Appaloosa Acres Estates PUD, Weld County, Colorado Dear Mr. Rusch: I have spoken with you several times regarding the above noted permit for a new single family dwelling at 20197 Leola Way which was issued on January 10, 2008. On November 25, 2008, you stated you now had some interest in the property and were going to continue with construction on the house. You also said you would bring in a certified check for $4,751.46 for the permit fee and request an extension as the permit is due to expire on January 9, 2009. As you know, the extension fee is $42.00 which will give you a 180 -day extension. Failure to respond by January 9, 2009, will result in expiration of the permit and a violation being issued which will remain open until a new permit is issued and is subject to go before the Board of County Commissioners with written notice. 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: BCR07-01729 Julie Givan-Wittow, Office Manager SERVICE. TEAMWORK. INTEGRITY, QUALITY Identify Results Page 1 o WELD COUNTY ASSESSOk PROPERTY PROFILE Account#: R3852705 Tax Area: 0226 Acres: 1 Township Range Section Quart. Sec. 07-65-33-3 Owners Name & Address: LEGACY HOMES OF NORTHERN COLORADO LLC 20197 LEOLA WAY EATON, CO 80616 Business/Complex: Sale Date 7/3/2007 Sale Price $55,000 Parcel#: 0709333021 Bordering County: Subdivison Name Block# Lot# APPALOOSA ACRES ESTATES PUD - 1 - 16 Sales Summary Deed Type WD Legal Description Property Add ress: Street: City: Reception # 3488486 Land Type Residential Land Subtotal: Abst Code 0100 AAEP L16 ELK 1 APPALOOSA ACRES ESTATES PUD Land Valuation Summary Unit of Number of Measure Units Site No Buildings on Parcel Actual Value Asses! Va $32,090 $9,3 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=070933302016&acct... 11/6/20' 496 111111 IIIII 111111 IIIII 111111 III 1111111 III IIIII IIII IIII OF s- CP- 3488486 1 of 1 R 6.00 D 5.50 Steve Moreno Clerk & Recorder WARRANTY DEED THIS DEED, Made this 3rd day of July, 2007 between Palo Verde Center, LLC, a Colorado limited liability company of the County of Weld, State of Colorado, grantor and Legacy Homes of Northern Colorado LLC, a Colorado limited liability company whose legal address is: , , of the County of Weld, State of Colorado, grantee: WITNESSETH, That the grantor for and in consideration of the sum of Fifty -Five Thousand Dollars and NO/100's ($55,000.00) 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, 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 16, Block 1, Appaloosa Acres Estates, P.U.D., County of Weld, State of Colorado. also known by street and number as 20197 Leola Way, Eaton, CO 80616 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, 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, his hefts and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his hefts 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, and 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, encumbrances and restrictions of whatever kind or nature soever, except all taxes and assessments for the current year, a lien but not yet due or payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a "Title Review", of the contract dated May 16, 2007, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 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. SELLER: Palo Verde Center, LL company By: Paul T. C.li", Manager STATE OF COLORADO COUNTY OF Weld y }ss: The foregoing instrument was acknowledged before me this 3rd day of July, 2007 by Paul T. Clift as Manager for Palo Verde Center, LLC, a Colorado limited liability cm-it-in?x ..... • ARA R. OOONROD NotaI Piblic Witness my hand and official eal. My Commission expires: ,.-- at g qc?/°/5 qty WDPHOTO Warranty Deed (For Photographic Record) updated 1/2006 �7 Security Title File No. S0224558 Hello