HomeMy WebLinkAbout20090338.tiffRESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
BCV #0800157 AGAINST PIONEER DEVELOPERS, 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, Pioneer Developers, LLC, BCV #0800157, 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, Pioneer Developers, 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 Pioneer Developers, 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.
2009-0338
PL0824
ail034
VIOLATIONS - BCV #0800157 - PIONEER DEVELOPERS, 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 th
BY.
AP
Deputy Clerk
ounty Atfofney
Date of signature.
Se. n P. Conway
BOARD LINTY COMMISSIONERS
WELI9,Q", COLORADO
Douglas demach; r, Pro-Tem
artZara Kirkmeyer
David E. Long
2009-0338
PL0824
Violation Summary Report
BASIC INFORMATION
PIONEER DEVELOPERS LLC
Tenant:
PO BOX 336154 GREELEY, CO 80634
Compliance Officer: Peggy Gregory
Violation Number: BCV08-00157
Situs Address: 20187 LEOLA WAY
Legal: AAEP L21 BLK 1 APPALOOSA ACRES ESTATES PUD 20187 LEOLA
WAY WELD 00000
Location North of County Road 74, Easst of County Road 41
North Agricultural properties
South Agricultural properties
East Agricultural properties
West Agricultural properties
Parcel Number: 070933302021-R3853205 Acreage: 1.00
Certified Mail Date: 12/31/2008
Location:
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 new single family
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 there have
been no inspections since 11/19/07 and no response from correspondence.
LETTER HISTORY
11/20/2008 Complaint Validated
11/20/2008 LTTR: Violation Notice
12/31/2008 LTTR: Hearing Notification
OTHER CASE HISTORY
01/20/2009 Phone Call Phone call from Corey Sullivan of Pioneer Developers.
2009-0338
Violation Summary Report
04/09/2008 Other
05/08/2008 Other
11/04/2008 Other
They will get a new permit.
Letter to advise of 05/09/08 expiration date.
180 -day extension approved
10 -day letter advising extension has expired
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
E-mail Address: poregon/aco.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
November 20, 2008
PIONEER DEVELOPERS
PO BOX 336154
GREELEY CO 80634
Subject: BCV08-00157, Lot 21, Block 1, Appaloosa Acres Estates, Weld County, Colorado
It has been determined that the property located at 20187 Leola Way is currently in violation of the following Section of
the Weld County Code:
Section 29-3-10 "Building permit required."
To bring your property into compliance with the Weld County Code:
A permit application and all applicable documentation shall be submitted for the single family
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 30 (thirty) days from November 20, 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.
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 `)1 GrLegory
Building Compliance Officer
pc: BCV08-00157
BCN-070091
M,T4
COLORADO
December 31, 2008
PIONEER DEVELOPERS LLC
PO BOX 336154
GREELEY, CO 80634
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: BCV08-00157
Legal Description: MEP L21 BLK 1 APPALOOSA ACRES ESTATES PUD 20187 LEOLA WAY WELD 00000
Dear: PIONEER DEVELOPERS LLC
The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of
County Commissioners on:
02/10/2009 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 new single family
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
Z }o Z a6ed
U.S. Postal Service,.
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 a Fees
Sent To
Postmark
Here
Pioneer Developers LLC
Street, Apt No.;
or PO Box No. PO Box 336154
City, State, ZIPi4
Greele CO 80634
L9600-80AO8
iaoi p aoueildwoo 6uipin
ko6aie A66:
Adv &Inc/
`AIaiaoL
sn oo'plaM oD tio6w6d :pe J-3
86P9 -P0£ -0L6 v'd
899£X 0069-E9E-0L6 :auoyd
6£908 OO 'AeieeJO
IS LR06 8L6
JeotJ40 aoue!Idwoo 6wpirng
tiobeiO )(Had
1N3INDAVd3O ONINNVId A.LNfOO O13M
November 4, 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
PIONEER DEVELOPERS INC
PO BOX 336154
GREELEY CO 80634
Subject: Permit # BCN-070091 — Lot 21, Block 1, Appaloosa Acres Estates, Weld County, Colorado
On May 8, 2008, you were granted an extension on the above noted permit for a new single family dwelling at
20187 Leola Way. According to our records, that extension expires today and no further inspections have
been completed and none are scheduled.
Failure to complete all inspections within 10 days from the date of this letter will result in 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.
Sincerely,
Peggy'Gregory 0U
Building Compliance
pc: BCN-070091
SERVICE, 7I'GAMWORK, INTEGRITY, QUALITY
WI�Yc.
ft4tD
COLORADO
April 9, 2008
PIONEER DEVELOPERS INC
PO BOX 336154
GREELEY CO 80634
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 # BCN-070091 — Lot 21, Block 1, Appaloosa Acres Estates, Weld County, Colorado
This letter is to remind you that a permit for a new single family dwelling at 20187 Leola Way was issued on
May 10, 2007. According to our records, this permit will expire on May 9, 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 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,
rCf"CP��'-if
Peggy Gregory
Building Compliance Officer
pc: BCN-070091
SERVICE, TEAMWORK, INTEGRITY, QUALITY
Identify Results
Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R3853205 Parcel#: 070933302021
nnl.,:.t.-u. .rao.,. . nr xi.;,.. ,:. ,...:� 3:. ..��a. V....Wat ...... an.ta: ,a nk-Ss:ea
Tax Area: 3885 Bordering County:
Acres: 1
Township Range Section Quart. Sec.
07-65-33-3
Owners Name & Address:
PIONEER DEVELOPERS LLC
1954 YONKER DR
WINDSOR, CO 80550
Business/Complex:
Sale Date
6/9/2006
Sale Price
$363,000
Subdivison Name Block# Lot#
APPALOOSA ACRES ESTATES PUD - 1 - 21
Property Address:
Street: 20187 LEOLA WAY WELD
City: WELD
Sales Summary
Deed Type
WD
Legal Description
Reception #
3395799
AAEP L21 BLK 1 APPALOOSA ACRES ESTATES PUD 20187 LEOLA WAY WELD 00000
Land Type
Residential
Land Subtotal:
Bldg#
1
Abst Code
1112
Property Type
Residential
Improvements Subtotal:
Total Property Value
Account#: R3853205
Land Valuation Summary
Unit of Number of
Measure Units
Site
Buildings Valuation Summary
Owners Name & Address:
PIONEER DEVELOPERS LLC
1954 YONKER DR
WINDSOR, CO 80550
Building#
1
Built As:
Exterior:
Building Details
Actual Value
$50,000
Actual Value
$298,942
Property Address:
Street: 20187 LEOLA WAY WELD
City: WELD
Property Type
Residential
Individual Built As Detail
Ranch 1 Story Year Built:
Frame Stucco HVAC:
$348,942
Assessed
Value
$3,980
Assessed
Value
$23,800
$27,780
Parcel#: 070933302021
2007
Central Air to Air
http://maps2.merrick. com/ W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=0709... 11/20/2008
Identify Results Page 2 of 2
Interior Finish:
# of Baths:
# of Bdrms:
# of Stories:
Rooms:
Garage:
Attached SQ Ft:
Basement:
Total SQ Ft:
Drywall
2
3
1
0
Built As SQ Ft:
Roof Type:
Roof Cover:
Units:
1984
Composition Shingle
0
889 Detached SQ Ft: 0
1984 Finished SQ Ft: 0
http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=0709... 11/20/2008
111111111111111111111111 I I 1111111111111 I I 1111111111 I I I I
3395799 06/13/2006 02:08P Weld County, CD
1 of 1 R 6.00 0 36 30 Steve Moreno Clerk & Recorder
WARRANTY DEED
IT JP5°-
THIS DEED, Made this 9th day of June, 2006 between
Palo Verde Center, LLC, A Colorado limited liability company
of the County of Weld, State of Colorado, grantor and
Pioneer Developers, LLC, A Colorado Limited Liability Company
whose legal address is: 348 Boulder Lane, Johnstown, CO 80543
of the County of Weld, State of Colorado, grantee:
WITNESSETH, That the grantor for and in consideration of the sum of Three Hundred Sixty -Three
Thousand Dollars and NO/100's ($363,000.00) 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:
Lots 2, 3, 13, 18, 21 and 22,
Block I,
Appaloosa Acres Estates, P.U.D.,
County of Weld,
State of Colorado.
also known by street and number as Various, Eaton, CO 80615
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 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 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 April 21, 2006, 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 pad 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, LLC., A Colorado Limited
Liabili(WEogrpan, /7
By: Doi . chit,Ma
STATE OF COLORADO
COUNTY OF Weld
The foregoing instrument was acknowledged before me this 9th day of June, 2006 by Clifford W. Clift as
Manager of Palo Verde Center, LLC, A Colorado limit- , obi ty comp y
nage
rr
Witness my hand and official seal.
My Commission expires: February 23, 2007
Return To: Pioneer Developers, LLC
348 Boulder Lane, Johnstown, CO 80543
WDP14O1O
Warranty Deed (For Photographic Record) updated 1/2006
}SS:
U
o ry "u
Cif
jp-- -- jr:
ooNRODR "1
c
uvvi^`
Security Title
File No. 50135052
Hello