HomeMy WebLinkAbout20080794.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
BCV #0800011 AGAINST RYAN AND CARLA HARDING 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, Ryan and Carla Harding, BCV#0800011,are 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 11th day of March, 2008, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Ryan and Carla Harding were 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 Ryan and Carla Harding 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.
2008-0794
PL0824
c e LAPI /)g �s o�
VIOLATIONS - BCV#0800011 - RYAN AND CARLA HARDING
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 11th day of March, A.D., 2008.
ti BOARD OF COUNTY COMMISSIONERS
7J 1 LD COUNTY, COLORADO
ATTEST: 4��`'�'Qa� )� �2 "7 7
K : s
:v i�i am H. Jerke, Chair
Weld County Clerk to the Bo 0;,1° �� � �}-
'J Q �.� _
--. <; - Robert D.`M�a den, Pro-Tem
BY: di
740 l
De u Cler the Board
W' ' m F. Garcia
APP AST •
'`Q a4
David E. Long
r UUU
ounty Attorney
Dougla Rademach r
Date of signature: 3i3`-ilOZ
2008-0794
PL0824
Violation Summary Report
BASIC INFORMATION
HARDING RYAN T &CARLA R 13069 CR 40 PLATTEVILLE, CO 80651-8526
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV08-00011
Situs Address: 13069 CR 40
Legal: PT 29-4-66 LOT C REC EXEMPT RE-4022 (.29R) SITUS: 13069 40 CR
WELD 000000000
Location: Location NORTH OF AND ADJACENT TO CR 40, EAST OF
HIGHWAY 60
North AGRICULTURAL PROPERTIES
South AGRICULTURAL PROPERTIES
East AGRICULTURAL PROPERTIES
West AGRICULTURAL PROPERTIES
Parcel Number: 105729300029-R3600905 Acreage: 4.71
Certified Mail Date: 02/22/2008
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 to replace expired permit
number BCR07-01567, 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 has been
no response to my request to get a new permit.
LETTER HISTORY
01/09/2008 Complaint Validated
01/09/2008 LTTR: Violation Notice
02/22/2008 LTTR: Hearing Notification
2008-0794
DEPARTML.. I' OF PLANNING SERVICES
Building Compliance Division
918 10th Street, Greeley, CO80631
pgregory@co.weld.co.us
ry@co.welel d.co.u s
Phone: (970) 353-6100, Ext. 3568
Illip
Fax: (970) 304-6498
C
COLORADO
February 22, 2008
RYAN T and CARLA R HARDING
13069 CR 40
PLATTEVILLE CO 80651
Subject: BCV08-00011, Part of Section 29, T4N, R66W, of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Harding:
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 to replace
expired permit number BCR07-01567,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.
ly,
Peggy regoi orry0
Building Compliance Officer
pc: BCV08-00011
SERVICE,TEAMWORK, INTEGRITY,QUALITY
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mAR1. Article Addressed to: a k MOB
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13069 CR 40 GREELEY OFFICE
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Kit DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
' E-mail Address: porecioryeco.weld.co.us
Dc Phone (970) 353-6100, Ext 3568
Fax: (9(970) 30 304-6498
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
January 9, 2008
RYAN T and CARLA R HARDING
13069 CR 40
PLATTEVILLE CO 80651
Subject: BCV08-00011, Part of Section 29,T4N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Harding:
Permit number BCR07-01567 has now expired and the property located at13069 County Road 40 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 interior finish of an existing pole barn,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 January 9,2008. 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.
Sincerely,
Peggy Grego
Building Compliance Officer
pc: BCV08-00011
BCR07-01567
(tot
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
1 I918 10th Street
11 I Greeley, CO 80631
pgregory@co.weld.co.us
0 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
March 6, 2008
RYAN T and CARLA R HARDING
13069 CR 40
PLATTEVILLE CO 80651
Subject: Permit# BCR07-01567—Part of Section 29, T4N, R66W of the 6th P.M.,
Weld County, Colorado
Dear Mr. and Mrs. Harding:
This letter is to remind you that a permit for the interior finish of an existing pole barn at 13069 County Road
40 was issued on October 9,2007. According to our records,this permit will expire on January 7,2008,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,
C5211/ Aint
Peggy Gregory
Building Compliance Officer
pc: BCR07-01567
SERVICE,TEAMWORK,INTEGRITY,QUALITY
44.i 191,S‘
DEPAI 1ENT OF BUILDING INSPECTION
NORTH OFFICE
918 10 STREET
GREELEY, COLORADO 80631
J IVY 97O) 353-6100, ext.3540
FAX (970) 304-6498
Wiwi es SOUTH OFFICE
4209 CR 24.5
COLORADO LONGMONT, COLORADO 80504
(72O)652-4210, ext.8730
FAX (720)652-4211
BUILDING PERMIT EXPIRATION
Building permit no. 'J CR6 7 • D / C6 7
Is being issued on / o — ? / or
In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on:
/ - 7 - Cl
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: e
Date: /C-7-08
Relationship to Property Owner: ine/
Respectfully,
ga-P7(1:7 a
Roger Vigil
Chief Building Official
Office Tech: / o K
Date: / 6 - 9 • o 7
cc: Building Permit File
Identify Results Page 1 of 3
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R3600905 Parcel#: 105729300029
Tax Area: 3001 Bordering County:
Acres: 4.71
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
04 - 66 - 29 - 3 - -
Owners Name & Address: Property Address:
HARDING RYAN T & Street: 13069 40 CR
13069 CR 40 City: WELD
PLATTEVILLE, CO 80651-8526
Additional Owners:
HARDING CARLA R
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
11/4/2005 $45,000 WD 3339121
Legal Description
PT 29-4-66 LOT C REC EXEMPT RE-4022 (.29R) SITUS: 13069 40 CR WELD
000000000
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Agricultural 4117 Acres 4.71
Land Subtotal: 4.71 $2,180 $630
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value
Value
1 Residential
2 Out Building
http://maps2.merrick.com/W ebsite/W eld/setSq l.asp?cmd=QUERY&DET=PP&pin=105729... 3/6/2008
Identify Results Page 2 of 3
Improvements Subtotal: $379,719 $30,230
Total Property Value $381,899 $30,860
Building Details
Account#: R3600905 Parcel#: 105729300029
Owners Name & Address: Property Address:
HARDING RYAN T & Street: 13069 40 CR
13069 CR 40 City: WELD
PLATTEVILLE, CO 80651-8526
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 2006
Exterior: Frame Siding HVAC: Central Air to Air
Interior Finish: Drywall Built As SQ Ft: 2414
# of Baths: 3 Roof Type:
# of Bdrms: 3 Roof Cover: Composition Roll
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: 804 Detached SQ Ft:
Basement:
Total SQ Ft: 2414 Finished SQ Ft:
Account#: R3600905 Parcel#: 105729300029
Owners Name & Address: Property Address:
HARDING RYAN T & Street: 13069 40 CR
13069 CR 40 City: WELD
PLATTEVILLE, CO 80651-8526
Building# Property Type
2 Out Building
http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=105729... 3/6/2008
Identify Results Page 3 of 3
Individual Built As Detail
Built As: Shed - Equipment Year Built: 2007
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 6000
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
# of Stories: 1
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=105729... 3/6/2008
•
111111111111111111111111111111111111111I111111111111
11111 IIIII 111111111111 Iiii 111111 III viii Iiii Iiii
3339121 11/10/2005 11:37A Weld County, CO
1 of 2 R 11.00 D 4.50 Steve Moreno Clerk& Recorder
121
WHEN RECORDED RETURN TO:
Name: Ryan T. Harding
—4, Address: 11585 Weld County Road 32 1/2
Platteville, CO 80651
WARRANTY DEED
THIS DEED,made this 4th day of November, 2005, between Robert Wiedeman and Esther
Wiedeman whose legal address is 20120 Weld County Road 31, LaSalle CO 80645, grantor,
and Ryan T. Harding and Carla R. Harding whose legal address is 11585 Weld County Road 32
1/2,Platteville, CO 80651, grantee:
WITNESS, that the grantor, for and in consideration of the sum of$45,000.00, 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 grantees, their heirs and
assigns forever, not in tenancy in common but in joint tenancy, all the real property,together with
improvements, if any, situate, lying and being in the said County of WeldWeld and State of
Colorado described as follows:
Lot C of Recorded Exemption No. 1057-29-2-RE-4022 according to map recorded March 14,
2005 at Reception No. 3268337,being a part of Section 29,Township 4 North, Range 66 West
of the 6th P.M., County of Weld, State of Colorado.
also known by street and number as: Vacant Land , CO
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
File Number: 2(Xi56583{'.2-1)PDA]I..AMLNI)LEGAL
WCWanyl Ile of tJont totally ) STEWART TITLE P �U
Warrant Deed—Joint Tenants Individual J 1 1
Page I of 20005 a 3
11111 I I I I 1111111111111111111111111111 I I 111111 I I I 11111
3339121 11/10/2005 11:37A Weld County, CO
` 2 of 2 R 11.00 D 4.50 Steve Moreno Clerk& Recorder
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
General taxes for the year 2005 and subsequent years; and those specific exceptions described by
reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) In
accordance with Section 8a(Title Review) of the Contract to Buy and Sell Real Estate relating to
the above described property; distribution utility easements (including cable TV); those
specifically described rights of third parties not shown by the public records of which Grantee
has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8b
(Matters not shown by the Public Records) and Section 8c (Survey Review) of the Contract to
Buy and Sell Real Estate relating to the above described real property, inclusion of the property
within any special tax district; and, the benefit and burdens of any declaration and party wall
agreements, 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.
Robert Wiedeman Esther Wiedeman
STATE OF Colorado
COUNTY OF Weld
The foregoing instrument was acknowledged before me this 4th day of November, 2005,
by Robert Wiedeman and Esther Wiedeman
My com 'ssion expires /�?/ O/j . Witness my hand and official seal.
(.9 (74..--
Not ublic:
tdOT4R •
m'• '°C1PLIG :
File Number: 200565O42-24 IPDATE.AMEND LEGAL
Stewart'I lite of Larimer County
Warranty Deed-Joint Tenants(Individual)
Page 2 of 2
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