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Home My WebLink About20092386.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONER REGARDING VIOLATION BCV #0900083 AGAINST CARL BYERS 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, Carl Byers, BCV #0900083, 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 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, Carl Byers, 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 to allow the property owner to obtain a new building permit and meet with an inspector to review the items needed to obtain the inspections. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV #0900083 against Carl Byers be, and hereby is, referred back to the Department of Planning Services. 2009-2386 PL0824 00 : P4, 1/ro4- 09/x3707 VIOLATIONS - BCV #0900083 - CARL BYERS 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 WEJjD GQ1UI'y4Y, C¢L-gRADO ATTEST: gn Weld County Clerk to the BY to Deputy Clerk to the Board` APPROVED -RS ty "orney Date of signature 9/-9 Iliam F. Garcia, Chair XCUSED ouglas Rademacher, Pro-Tem arbara Kirkmeyer 2009-2386 PL0824 Violation Summary Report BASIC INFORMATION BYERS CARL R JR 9552 SIERRA VISTA ROAD LONGMONT, CO 80501 Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: Peggy Gregory BCV09-00083 9552 SIERRA VISTA RD CA4-2 L2 BLK4 CASAGRANDE ESTATES SITUS: 9552 SIERRA VISTA RD WELD 00000 Location North South East West South of County Road 22, East of County Road 15 Enchanted Hills Subdivision, Agricultural subdivision Town of Firestone Town of Firestone Town of Firestone Parcel Number: 131117004005-R5402486 Acreage: 1.25 Certified Mail Date: 08/17/2009 Certified Mail Receipt: 08/24/2009 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, 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 and no response from the owner. LETTER HISTORY 07/21/2009 Complaint Validated 07/21/2009 LTTR: Violation Notice 08/17/2009 LTTR: Hearing Notification 2009-2386 Violation Summary Report OTHER CASE HISTORY 04/15/2009 Permit application submitted 04/22/2009 Permit issued, expiration date is 07/21/2009 06/24/2009 Letter to remind of 07/21/09 expiration date ,a44 hiDe August 17, 2009 BYERS CARL R JR 9552 SIERRA VISTA ROAD LONGMONT, CO 80501 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: BCV09-00083 • Legal Description: CA4-2 L2 BLK4 CASAGRANDE ESTATES SITUS: 9552 SIERRA VISTA RD WELD 00000 Dear: BYERS CARL R JR 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, 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 6tcrr COLORADO Sincerely, 41Y Peggy Gregory Building Compliance Officer pc: BCV09-00083 ,i 0 C O 0 .D rR ri C C N 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 ServjceTM CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To / / Srreat p N!l.3..B.Ce�r.-�!r orPOBox No. 9552_.> i!erxr>t_. City, State, ZIP.4 Postmark Here PS Form 3800, June 200k • 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: B. Received by (P ted Na Cori fly ers.Jr 9552 Sierra Vsfand Aeonsmon+ e0 80504 2. Article Number (Transfer from servic PS Form 3811, February 2004 See Reverse for Instructions C42yee5 D. Is delivery address different from Ii m 1? Id f kititrPdemwngr l9aw: GREELEY OFFICE AUG 2 4 ?nn4 ❑ Registered ❑ Insured Mail ❑ Agent ❑ Add ssee li ❑ Yes O No Mall ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7005 1160 0001 4539 3694 Domestic Return Receipt 102595-02-M-1540 Page 2 of 2 ‘att: '"DC. COLORADO July 21, 2009 CARL R BYERS JR 9552 SIERRA VISTA RD LONGMONT CO 80504 DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregory(a.co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 WELD COUNTY BUILDING CODE VIOLATION NOTICE Subject: BCV09-00083, Lot 2, Block 4, Casa Grande Estates, Weld County, Colorado Dear Mr. Byers: Permit number BCR09-00301 has now expired and the property located at 9552 Sierra Vista Road 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 addition to 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 do not correct this violation within 14 (fourteen) days from July 21, 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. 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. Peggy Gregory Building Compliance Officer pc: BCV09-00083 BCR09-00301 tzr, lURe COLORADO June 24, 2009 CARL R BYERS JR 9552 SIERRA VISTA RD LONGMONT CO 80504 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: (97O) 353-6100, Ext. 3568 Fax: (970) 304-6498 Subject: Permit # BCR09-00301 — Lot 2, Block 4, Casa Grande Estates, Weld County, Colorado Dear Mr. Byers: This letter is to remind you that a permit to complete inspections on an addition to the home at 9552 Sierra Vista Road was issued on April 22, 2009. According to our records, this permit will expire on July 21, 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 111\(:1% WliDc. COLORADO Building permit no. Is being issued on In accordance with Section 29-8-40 of the Weld County Code; this permit will expire on: DEPA"'MENT 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 (72 0)652-4210, ext.8730 FAX (720)652-4211 BUILDING PERMIT EXPIRATION 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. Signed: atilt Relationship to Property Owner: Respectfull 2<2 om Honn Chief Building Official Office Te Date: cc: Building Permit File Date: Att*" WUk. COLORADO March 6, 2009 CARL R BYERS JR 9552 SIERRA VISTA RD LONGMONT CO 80099 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: BCR08-00099, Lot 2, Block 4, Casa Grande Estates, Weld County, Colorado Dear Mr. Byers: On September 23, 2003, a permit for an addition to the home at 9552 Sierra Vista Road was issued to Darlene J. Birkholz-Byers. That permit expired due to inspections not being completed within the required time period according to the Weld County Code. On March 7, 2008, a second permit was issued to complete inspections but has also now expired. It has come to our attention that Ms. Birkholz-Byers no longer owns the property at Lot 2, Block 4, Casa Grande Estates as it was transferred to you by a warranty deed recorded on July 22, 2008; therefore, it will be necessary for you to submit a building permit application to complete the required inspections on the addition. Failure to submit an application within 30 days from the date of this letter could result in a violation notice and is subject to go before the Board of County Commissioners with written notice. Should you have any questions or if you need further information, please feel free to contact me at the above address, telephone number or e-mail address. Sin ely, iAin ii Peggy Gregory Building Compliance Officer pc: BCR08-00099 eRecorded in Weld C. ry, CO Doc Id: 3567591 07/22/2008 10:51 A Receipt#: 7369252 Page: 1 of 1 Total Fee: $33.50 Steve Moreno. Clerk and Recorder WARRANTY DEED DOC hit SZ7.SD THIS DEED, made this 21st day of July, 2008, between DARLENE J. BYERS of the County of Weld and State of Colorado, grantor, and CARL R. BYERS, JR. whose legal address is 9552 Sierra Vista Rd, Longmont, CO 80504, of the County of Weld, State of Colorado, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of TWO HUNDRED SEVENTY FIVE THOUSAND AND 00/100 DOLLARS ($275,000.00), 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 2, Block 4, Casagrande Estates, County of Weld, State of Colorado also known by street and number as: 9552 Sierra Vista Road, Longmont, CO 80504 TOGETHER with all and singular the hereditaments and appurtenances thereto 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 heirs 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 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, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, asaeasments, encumbrances and restrictions of whatever kind or nature whatsoever, except: general taxes for the current year and subsequent years subject to restrictions, reservations, and covenants of record and except easements and rights of way of record, if any. 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. Da • N+( V Da ene J. Byers /V\ STATE OF Colorado COUNTY OF Latimer I, Jennifer Kelly, a Notary Public of the County and State first above written, do hereby certify that the foregoing instrument was acknowledged before me this 21st day of July, 2008, by Darlene J. Byers. Wi.-ss.a han. - • . idal seal. J=T,Yl3lr! y, Nota Public My Commis s . Aires: 08/20/10 After recording return to: JENNIFER KELLY Notary ofPublic _ State Colorado - Q File No.: 1450819 INDIVIDUAL TO INDIVIDUAL WARRANTY DEED (Individual) 1111111 11111 101111 11111 III 1111111 I I 1111111111 I I I 3568416 07/25/2008 02:06P Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder 416 ASSIGNMENT AND ASSUMPTION OF LEAS?" IN CONSIDERATION of the payment by Assignee (who is identified below) to Assignor (who is identified below) for the sale and transfer of the real property commonly known as 9552 Sierra Vista Road, Longmont, CO 80504, and in consideration of Assignee's assumption of the Assignor's obligations under that certain Lease Agreement with EnCana, the sufficiency of which are hereby acknowledged, Darlene Birkholz, now known as Darlene Byers ("Assignor") hereby assigns and transfers to Carl R. Byers ("Assignee"), all of Assignor's right, title and interest in and to that certain Lease Agreement with EnCana. Assignor also assigns, transfers and conveys to Assignee all of Assignor's right, title and interest in and to any and all collateral of whatever kind or nature given by the tenant of the lease and tenancy hereby assigned as security for the performance of the tenant's obligations under such lease. Signed and delivered as of the /0 day of July, 2008. ASSIGNOR: ASSIGNEE: Darlene Birkholz, now kn Byers STATE OF COLORADO COUNTY OF? kQp,,/ zD as Darlene ) ss. By The foregoing Assiernent and Assumption of Lease was acknowledged before me this Allay of July, 2008 by (k&&, tea y�rS as Assignor Witness my hand and official seal. My commission expires: a I Public I (I1III I1III 111111 1III II 11111 III 1111111 III 11111 IIII IIII 3568416 07/25/2008 02:06P Weld County, CO 2 of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) ss. COUNTY OF eeovtrile,? The foregoing Assignment was acknowledged before me this itday of July, 2008 by R 3,x-5 as Assignee. Witness my hand and official seal. My commission expires: 9-oio Notary Public Hello