HomeMy WebLinkAbout20081421.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
BCV#0800027 AGAINST JENNIFER ROSE 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, Jennifer Rose, BCV #0800027, 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 13th day of May, 2008, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Jennifer Rose 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 Jennifer Rose 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.
2008-1421
PL0824
; P4 //Li , /3 _ a -n
VIOLATIONS - BCV#0800027 - JENNIFER ROSE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of May, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
W. 'am H. Jerke, Chair
Weld County Clerk to t 'F b\
:' 1�Ftr
Robert D. Masden, Pro-Tem
BY: �� , /
Deputy Cler to the Bo- try �
Vit4tm F. Garcia
PR ORM: C cat \
vid E. Long /
ty Attorney sy -er
Dougl Radema er
Date of signature: 244/
2008-1421
PL0824
Violation Summary Report
BASIC INFORMATION
ROSE JENNIFER ELIZABETH 6691 CR 86 FORT COLLINS, CO 80524
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV08-00027
Situs Address: 6691 CR 86
Legal: PT SE4 31-8-67 LOT A REC EXEMPT RE-4248 SITUS: 6691 86 CR WELD
000000000
Location: Location NORTHWEST CORNER OF COUNTY ROADS 86 & 15
North AGRICULTURAL PROPERTYNVATERFORD HILL PUD
South AGRICULTURAL PROPERTY
East AGRICULTURAL PROPERTY
West AGRICULTURAL PROPERTY
Parcel Number: 055531400001-R4281806 Acreage: 1.35
Certified Mail Date: 02/25/2008
04/03/2008
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 to your home,
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 building
permit has expired and there has been no response and a new permit applicantion has not been
submitted.
LETTER HISTORY
02/01/2008 Complaint Validated
02/01/2008 LTTR: Violation Notice
02/25/2008 Hearing Letter Sent
02/25/2008 LTTR: Hearing Notification
03/11/2008 Remanded Back
04/03/2008 LTTR: Hearing Notification 2008-1421
Violation Summary Report
OTHER CASE HISTORY
03/10/2008 Phone Call Phone call from Jennifer Rose, she has been out of town.
She will be in by the end of the week to get a new permit.
03/14/2008 Phone Call Phone call to Jennifer Rose. She will be in today or on
March 19.
05/05/2008 Phone Call Phone call to Jennifer Rose. She will be in by Friday,
May 9, 2008, to get a new permit.
WELD COUNTY PLANNING DEPARTMENT
Peggy Gregory
Building Compliance Officer
918 10th St
Greeley, CO 80631 Phone: 0 x3568
0-304-6498
E-MaFAX:il: egory@c0o.weld.o.us
COLORADO
April 03, 2008
ROSE JENNIFER ELIZABETH
6691 CR 86
FORT COLLINS, CO 80524
Case: BCV08-00027
Legal Description: PT SE4 31-8-67 LOT A REC EXEMPT RE-4248 SITUS: 6691 86 CR WELD 000000000
Dear: ROSE JENNIFER ELIZABETH
The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of
County Commissiners on:
05/13/2008 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 to your
home, 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
rat WELD COUNTY PLANNING DEPARTMENT
Peggy Gregory
Building Compliance Officer
918 10th St
Greeley, CO 80631
Phone:C 970-353-6100 x3568 FAX: 0-304-6498E-Ma97 pgregory@co.weld.co.us
co.us
COLORADO
Sincerely, U.S. Postal Service-,
CERTIFIED MAIL,r, RECEIPT
Er (Domestic Mail Only;No Insurance Coverage Provided)
.D F•r•etivery int.rmati•n visit •ur we.site at www.us•s.c.m;,
m OFFICIAL USE
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Building Compliance Officer Certified Fee pc: BCV08-00027 o Realm Recequir e) - Postmark
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Fort Collins CO 80524
PS Form 3800,August 2006 See Heverse for i nstrucnons
•
Page 2 of 2
Kit le DEPARTM. T OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO80631
pgregory@co.weld.co.us
s
Phone: (970) 353-6100, Ext. 3568
' Fax: (970) 304-6498
Ci
COLORADO
February 25, 2008
JENNIFER E ROSE
6691 CR 86
FORT COLLINS CO 80524
Subject: BCV08-00027, Part of the SE4 of Section 31, T8N, R67W, of the 6th P.M.,Weld County, Colorado
Dear Mr. Rose:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on March 11,2008,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 for the
addition to your home, 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.
Si erely,
Peggy Gregory
Building Compliance Officer
pc: BCV0S-00027
U.S. Postal Service.,.,
E CERTIFIED MAIL',, RECEIPT
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Sent To
Jennifer E Rose
Street,Apt No.;
orPOOeoxN(16691 CR 86
City,State,ZJP+4
Fort Collins CO 80524
PS Form 3800,June 2002 See Reverse for Instructions
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signature \
•
0 Agent
name item 4 if Restricted Delivery Is desired. X ❑Addressee
• Print your name and address on the reverse
so that we can return the card to you. ceive Printed N me) C. Date of Delivery
• Attach this card to the back of the mailpiece, t 9 of[ �fr�
or on the front if space per COIL D. Is delivery address different from item 1T 0 Yes
1. Article Addressed to: p.%.0
O " If YES,enter delivery address below: 0 No
JENNIFER E ROS ,,Q FORT�
0 ,O
6691 CR 86 4
FORT COLLINS CO : ems -i
3. Service Type /
$$Certified Mail yExpress Main) •
❑Registered 0 Nftlfn lecelpt for Merchandise
❑ Insured Mail 0 C.D.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7005 1820 0003 5225 4509
(Transfer from service label)
PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540
iticl6 DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
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
C Fax: (970) 304-6498
SOUTHWEST OFFICE
COLORADO 4209 CR 24.5, Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
February 1, 2008
JENNIFER E ROSE
6691 CR 86
FORT COLLINS CO 80524
Subject: BCV08-00027, Part of the SE4 of Section 31, T8N, R67W of the 6th P.M., Weld County, Colorado
Dear Ms. Rose:
Permit number BCN-070018 has now expired and the property located at 6691 County Road 86 is currently in violation
of the following Section of the Weld County Code:
Section 29-3-10 "Building permit required."
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 your home,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 February 1, 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.
Any information you have that may help to resolve this matter will be helpful. 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.
Since)rely,
Peg y regoory� r
Building Compliance Officer
pc: BCV08-00027
BCN-070018
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
' 918 10th Street
Greeley, CO 80631
pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
COLORADO SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
January 2, 2008
JENNIFER E ROSE
6691 CR 86
FORT COLLINS CO 80524
Subject: Permit# BCN-070018— Part of the SE4 of Section 31, T8N, R67W of the 6th P.M.,
Weld County, Colorado
Dear Ms. Rose:
This letter is to remind you that a permit for an addition to your home at 6691 County Road 86 was issued on
February 1, 2007. According to our records, this permit will expire on February 1, 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,
Grnsn
All
Peggy Gregory
Building Compliance Officer
pc: BCN-070018
SERVICE,TEAMWORK,INTEGRITY,QUALITY
DEPt-TMENT OF BUILDING INSPECTION
NORTH OFFICE
918 10 STREET
GREELEY, COLORADO 80631
(970) 353-6100, ext.3540
FAX (970) 304-6498
SOUTH OFFICE
4209 CR 24.5
COLORADO LONGMONT, COLORADO 80504
(720)652-4210, ext.8730
FAX (720)652-4211
BUILDING PERMIT EXPIRATION
Building permit no. EiC Ill - Q`7001 g
`�l`
Is being issued on de ]
In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on:
9
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: 7 Date: (-2- ) — —7
Relatio s ip to operty Owner: OW A/24,-
Respectfully,
/77
Roger Vigil
Chief Building Official
• Office Tech: I ft-7 6uz
Date:
cc: Building Permit File
Ilflll Irlrl IIIII 11111111111111111111111111111111111
3414814 08/2512006 04:25P Weld County, CO
gyp 1 of 2 R 11.00 D 34.10 Steve Moreno Clerk& Recorder
SPECIAL WARRANTY DEED
SONJA CRAIGHEAD, f/k/a SONJA STONESTREET, whose address is 5429 E. County
Road 58, Fort Collins, CO 80524, for the consideration of Three Hundred Forty-One Thousand
Dollars ($341,000), and other good and valuable consideration in hand paid, hereby sells and
conveys to JENNIFER ELIZABETH ROSE, whose legal address is 6691 W. County Road 86,
Fort Collins, CO 80524, the real property legally described on Exhibit A attached hereto and
incorporated herein by reference, commonly known as 6691 W. County Road 86, Greeley,CO.
With all its appurtenances and warrants the title against all persons claiming under her
except and subject to easements and rights-of-way in place or of record; restrictions,
reservations, exceptions, covenants, conditions and agreements of record; claims of parties in
possession not shown by the public records; encroachments, conflicts in boundary, and shortages
in area; notes and other matters shown on any plat, map or survey of the Property; real property
taxes for the year 2006 and subsequent years; and inclusion of the Property within any special
taxing district.
SIGNED AND DELIVERED this /40 day of August,2006.
SO1 1ktAaE flk/a
SONJA STONESTREET
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The forgoing instrument was acknowledged before me this /6 day of August, 2006,by
SONJA CRAIGHEAD, f/k/a SONJA STONESTREET.
Witness my hand and official seal.
My Commission expires: Si/i4{J O ir
r otary Public �c� � �^�•
O fC
m
AI fa+ s' o ;o
UM 11111 1311 1111111 ii IIIIII11111111HUB
3414814 08/25/2006 04:25P Weld County, CO
2 of 2 R 11.00 0 34.10 Steve Moreno Clerk & Recorder
EXHIBIT A
(Legal Description)
Lots A and B of Recorded Exemption No. 0555-31-4-RE-4248 recorded May 25, 2006 at
Reception No. 3390960 of the Weld County, Colorado records, more particularly
described as follows:
Lot A:
A tract of land situate in the Southeast Quarter of Section 31, Township 8 North, Range
67 West of the 6th P.M., Weld County, Colorado, described as follows:
Considering the South line of the Southeast Quarter of said Section 31 as bearing N
90°00'00" W and with all bearings contained herein relative thereto.
Beginning at the Southeast Corner of said Section 31; thence along the South tine of said
Southeast Quarter N 90°00'00" W 318.51 feet; thence departing said line N 02°11'35" E
182.35 feet; thence N 90°00'00" E 318.51 feet to the East line of the Southeast Quarter of
said Section 31; thence along said line S 02°11'35" W 182.35 feet to the POINT OF
BEGINNING.
Lot B:
A tract of land situate in the Southeast Quarter of Section 31, Township 8 North, Range
67 West of the 6`h P.M., Weld County, Colorado, described as follows:
Considering the South line of the Southeast Quarter of said Section 31 as bearing N
90°00'00" W and with all bearings contained herein relative thereto.
COMMENCING at the Southeast Corner of said Section 31; thence along the South line
of said Southeast Quarter N 90°00'00" W 318.51 feet to the POINT OF BEGINNING;
thence departing said line N 02°11'35" E 376.92 feet; thence 334.89 feet along a non-
tangent curve, concave to the Northwest having a radius of 1200.00 feet; a central angle
of 15°59'23", and a long-chord which bears N 42°52'14" E 333.80 feet; thence with a
line non-tangent to said curve N 90°00'00" E 230.27 feet to the East line of the Southeast
Quarter of said Section 31; thence along said line S 02°11'35" W 439.39 feet; thence N
90°00'00" W 318.51 feet; thence S 02°11'35" W 182.35 feet, more or less, to the POINT
OF BEGINNING.
TOGETHER WITH that certain Well described in Well Permit Number 246624 issued
December 23, 2002.
A-1
2953358 05122J200 iii tin A Weld
County CO
oyCi fit
358 1 of 1 R 5.00 0 12.00 J.A."Suld"
WARRANTY DEED /�
GO
THIS DEED, Made this 17TH day of MAY, 2002 between
SONJA STONESTREET
of the County of WELD and
State of COLORADO, grantor, and
J9, 91IFER ELIZABETH ROSE �< _
hose legal address is d� 9 �' / ��• ��'�� �//��/�� �� ��V
of the County of WELD and State of COLORADO, grantees:
WITNESSETH, That the grantor for and in consideration of the sum of ONE HUNDRED
TWENTY THOUSAND AND 00/100, ($120,000.00) Dollars, 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,
An undivided 1/3 interest in and to: Lot 1 of Recorded Exemption Nobeing part of the
0555-31-4-RE-2690, recorded May 8, 2000 as Reception No. 2766550, g a
SE1/4 of Section 31, Township S North, Range 67 West of the 6th P.M., County of Weld,
State of Colorado.
also known by street and number as 6691 WEST COUNTY ROAD 86, iiiiiiaier&DRADO
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, in
interest, claim and demand whatsoever of the grantor, either in law or equity,
and to the above bargained premises, with the hereditaments and appurtenances.
TO RAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, hie 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
eneealing and delivery of these presents, he is well seised 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 soaves, except
general taxes for 2002 and subsequent years; except easements, restrictions,
covenants, conditions, reservations 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 p ion of the grantee, his heirs and assigns, against
all and every person or parsons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, end the use of any
gander shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
SONJA SITONESTREET
STATE OF COLORADO
} se. The foregoing instrument was acknowledged before
County of LARIMER } me this 17TH day of MAY, 2002
by SONJA STONESTREET '1
Witness my hand and official seal.
` My commissFon expires / //;�,!/
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