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Home My WebLink About20093136.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST GARY DEJOHN 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, Gary DeJohn, BCV #0900050, 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 December, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Gary DeJohn, property owner, was present at said hearing, and WHEREAS, the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon such referral until January 8, 2010, in order to allow adequate time for the property owner to submit a letter to the Department of Planning Services indicating he will cease to conduct any further work on the property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV #0900050 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Gary DeJohn 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, with an instruction for delay of action upon such referral until January 8, 2010, in order to allow adequate time for the property owner to submit a letter to the Department of Planning Services indicating he will cease to conduct any further work on the property. 2009-3136 PL0824 Cdt ', Pc/ ViO(-0&-(v VIOLATIONS - BCV #0900050 - GARY DEJOHN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of December, A.D., 2009. Weld County Clerk to the ty Attorney Date of signature: TIC BOARD OF COUNTY COMMISSIONERS WELD COU COLORADO Sean P. Conway 1/ earbara Kirkmeyer h� .L�t ! 7 LA °L-7 - David E. Long 2009-3136 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Gary DeJohn Violation Number: BCV09-00050 Address: 24353 Cottonwood Lane Legal: Lot 13, Cottonwood Falls PUD, Weld County, Colorado Location: West of and adjacent to County Road 69, North of County Road 50 North: Agricultural properties South: Agricultural properties East: Agricultural properties West: Agricultural properties Parcel Number: 0965-34-1-01-013 Acres: 1.7 Certified mail date: November 19, 2009 Received: Currently the property is in violation of: Chapter 29, Article III, Section 29-3-10 "Building permit required." Chapter 29, Article VIII, Section 29-8-40 "Expiration of permit." REMEDY To bring the property into compliance a permit application shall be submitted for the move -in house, fees paid, the permit issued, and all inspections completed. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as this is the third expired permit for this dwelling. CASE HISTORY October 9, 2008 March 6, 2009 April 17, 2009 June 4, 2009 July 14, 2009 July 21, 2009 September 11, 2009 Permit number BCR08-00599 issued Letter advising permit will expire on April 7, 2009 14 -day violation letter Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners Violation case presented to the Board of County Commissioners — referred back to Planning Services due to a new permit being submitted Permit number BCR09-00518 issued Letter advising permit will expire on October 19, 2009 2009-3136 Violation Summary Report page two October 8, 2009 October 26, 2009 November 19, 2009 Phone call from Mr. DeJohn, he will verify the list of corrections are done and call for inspection 14 -day violation letter Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners COLORADO 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 November 19, 2009 GARY DE JOHN 1860 23 AV GREELEY CO 80634 Subject: BCV09-00050, Lot 13, Cottonwood Falls, Weld County, Colorado Dear Mr. DeJohn: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on December 8, 2009, at 10:00 a.m., to consider the violations. The property is in violation of the following Sections 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: A permit application and all applicable documentation shall be submitted to complete inspections on the move -in house, fees paid, the permit issued, and all inspections completed. 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. S �44�1 S2�%Dt�j Peggy Gregory Building Compliance Officer pc: BCV09-00050 SERVICE, TEAMWORK, INTEGRITY, QUALITY C. COLORADO October 26, 2009 GARY DE JOHN 1860 23 AV GREELEY CO 80631 DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgreaory(a�cco.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 WELD COUNTY BUILDING CODE VIOLATION NOTICE Subject: BCV09-00050, Lot 13, Cottonwood Falls, Weld County, Colorado Dear Mr. DeJohn: Permit number BCR09-00518 has now expired and the property located at 24353 Cottonwood Lane 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 to complete inspections on the move -in house, 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 October 26, 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: BCV09-00050 BCR09-00518 itt) WilC. COLORADO September 11, 2009 GARY DEJOHN 1860 23 AV GREELEY CO 80631 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 # BCR09-00518, Lot 13. Cottonwood Falls„ Weld County, Colorado Dear Mr. DeJohn: This letter is to remind you that a permit for a move -in house at 24353 Cottonwood Lane was issued on July 21, 2009. According to our records, this permit will expire on October 19, 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. SI n'ICE. IFANIN'CRK_ IN I u(iRlI Y p'I,J :11 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, Peggy Gregory Building Compliance Officer pc BCR09-00518 BCV09-00050 SiJ VICE. ll AM W ORK. INTEGRITY. QI IAI.ITY hOc COLORADO June 04, 2009 DEJOHN GARY 1860 23 AV 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. BCV09-00050 Legal Description: CFP L13 COTTONWOOD FALLS PUD (IMPS ONLY PARCEL 0965-34-1-01-015) SITUS: 24582 69 CR WELD 000000000 Dear: DEJOHN GARY The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 07/14/2009 08:00 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 to complete inspections on the move -in house, 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 sgott; hiDe COLORADO Sincerely, GRP4rej Peggy Gregory Building Compliance Officer pc: BCV09-00050 m m r - 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 Service,. CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee 0 Return Receipt Fee (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) 0 Total Postage & Fees rR r- 0 0 r Postmark Here Sent To Gary DeJohn Street, AptNo.; ---- or PO Box Na. 1860 23 AV ---------------- -----`----- Cify,Siaie,ZIP+4 Greele CO 80631 See Reverse for Instructions PS Form 3800, August 2006 ■ 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: GARY DE JOHN 1860 23 AV GREELEY CO 80631 A. Sign ore X ❑ Agent ❑ Addressee C. Date of Deliory 2a D. Is delivery address different from item I? ❑ Yes If YES, enter delivery address below: O No 3. Service Type IN Certified Mall O Registered O Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number 7007 1490 0004 7353 2242 (6ansfer from service lab _ _ 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: poregory(uU7co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 WELD COUNTY BUILDING CODE VIOLATION NOTICE April 17, 2009 GARY DE JOHN 1860 23 AV GREELEY CO 80631 Subject: BCV09-00050, Lot 13, Cottonwood Falls, Weld County, Colorado Dear Mr. DeJohn: Permit number BCR08-00599 has now expired and the property located at24353 Cottonwood Lane 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 to complete inspections on the move -in house, 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 April 17, 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. 7y, Pegg jGf Jory Building Compliance Officer pc: BCV09-00050 BCR08-00599 VIIDC COLORADO March 6, 2009 GARY DE JOHN 1860 23 AV GREELEY CO 80631 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 # BCR08-00599 — Lot 13, Cottonwood Falls, Weld County, Colorado Dear Mr. DeJohn: This letter is to remind you that a permit to complete inspections on a previous permit for a move -in house at 24353 Cottonwood Lane was issued on October 9, 2008. According to our records, this permit will expire on April 7, 2009, and 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. are Peggy Gregory Building Compliance Officer pc: BCR08-00599 SERVICE, TEAMWORK, INTEGRITY, QUALITY 1111111 11111 IIL, illl NEW 101 111 IIIII IIII III! 182 3468182 04/11/2007 11:29A Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk & Recorder WHEN RECORDED RETURN TO: QUIT CLAIM DEED THIS DEED, dated °7/ /O -O7 , between GKD, LLC, a Colorado Limited Liabilty Company and Gary DeJohn of the County of Weld and State of Colorado ("Grantor") and Gary DeJohn whose legal address is 1860 23rd Avenue, Greeley, CO 80631 of the County of Weld and State of Colorado ("Grantee") WITNESS, that the Grantor, for and in consideration of the sum of $10.00 (TEN AND No/100ths) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM, unto the Grantee, his heirs and assigns forever, all the right, title, interest, claim and demand which the Grantor 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 13, Amended Cottonwood Falls P.U.D., County of Weld, State of Colorado. AM PF-632 also known by street and number as: 24349 Cottonwood Lane, Kersey, CO 80644 TO HAVE AND TO HOLD the same, together with all and singular hereditaments and appurtenances thereto belonging, or in anywise thereunto appertaining and the 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, to the only proper use, benefit and oehalf of the Grantee, his heirs and assigns forever. 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. d Liability Marla D4John, Manag COUNTY OF WELD STATE OF COLORADO lA Gary Delohn )SS The foregoing instrument was acknowledged before me on t -1 -1O -O7 as Manager of GKD, LLC, a Colorado Limited Liability Company and Gary DeJohn, individual)y. by Marla Dejohn Witness my hand and official seal. s. My Commission Fx r ��pHY..PU �t tt. ?% }v7 CHERI '.).‘1>) KERN h0F C0yI' File No.: MISC Qco-ooc of ry Public 4/5/07 10:40 AM Hello