HomeMy WebLinkAbout20081902.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
BCV#0800050 AGAINST TOBY FOSS 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, Toby Foss, BCV#0800050, 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 July, 2008, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,Toby Foss 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 Toby Foss 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.
2008-1902
PL0824
(10 : 1,/e, C73-_v < f--O
VIOLATIONS - BCV#0800050 - TOBY FOSS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of July, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
/�` WELD COUNTY, COLORADO
ElldATTEST: Li,
.11- William H. Jerke, Chair
two Weld County Clerk to th! €J : tiOLs�
-4,0, EXCUSED
W4, /, Robert D., as n, Pro-Tem
Deputy Clerk to the Boar.♦
GCS"04 APP VEC2AS T RM:
David E. Long
County Attorneyo.,.,
Douglas demache
Date of signature: s1/4/0 g
2008-1902
PL0824
Violation Summary Report
BASIC INFORMATION
FOSS TOBY JON 14488 CR 1 LONGMONT, CO 80504
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV08-00050
Situs Address: 14488 CR 1
Legal: 25570D PT SW4 19-3-68 N264' OF E165' OF S594' OF N660' OF E330' OF
W990' SITUS: 14488 1 CR WELD 80501
Location: Location East of County Road 1, 1/2 mile North of Highway 66
North Bohrer PUD
South Agricultural property
East Agricultural property
West Agricultural property
Parcel Number: 120719000006-R4755186 Acreage: 1.03
Certified Mail Date: 06/18/2008
Currently the property is in violation of
29-7-10"Permit required."
No mobile, manufactured or factory-built home, as defined in this Building Code, may be
located or relocated within the County without a building permit issued by the Building
Official.
29-7-120"Required inspections."
REMEDY
Be advised that the zoning violation will also be presented at the Violation Hearing (see enclosed letter).
A permit application and all applicable documentation shall be submitted for the mobile home on site,
fees paid, the permit issued, and all insepctions completed.
RECOMMENDATION
Staff reommends this case be referred to the County Attorney for immediate action as the mobile home
does not meet building code and a "stop work order"was issued.
LETTER HISTORY
03/12/2008 Complaint Received
04/22/2008 Complaint Validated
04/22/2008 LTTR: Violation Notice
06/18/2008 LTTR: Hearing Notification
OTHER CASE HISTORY
05/22/2008 Phone Call Message from Toby Foss, he says the mobile home has
been there for 10 years and he has lived there for 8 years.
2008-1902
;;;;1$\
rale WELD COUNTY PLANNING DEPARTMENT
Peggy Gregory
Building Compliance Officer
918 10th St
C Greeey, CO 31
Phone: 0 x3568
E-MaiFAX: l
:
3040 498 0o.weld.o.us
COLORADO
pgregory@co.weld.co.us
rY@
June 18, 2008
FOSS TOBY JON
14488 CR 1
LONGMONT, CO 80504
Case: BCV08-00050
Legal Description: 25570D PT SW4 19-3-68 N264' OF E165' OF S594' OF N660' OF E330' OF W990' SITUS: 14488 1
CR WELD 80501
Dear: FOSS TOBY JON
The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of
County Commissiners on:
07/08/2008 10:00 AM
to consider the violations. The property is in violation of the following Section(s)of the Weld County Code:
29-7-10"Permit required."
No mobile, manufactured or factory-built home, as defined in this Building Code, may be located or relocated within
the County without a building permit issued by the Building Official.
29-7-120 "Required inspections."
To bring your property into compliance with the Weld County Code:
Be advised that the zoning violation will also be presented at the Violation Hearing (see enclosed
letter).
A permit application and all applicable documentation shall be submitted for the mobile home on
site, fees paid, the permit issued, and all insepctions 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.
Sincerely,
Gny.
Peggy Gregory
Building Compliance Officer
pc: BCV08-00050
Page 1 of 1
it fl4-3/4"; DEPARTMENT OF PLANNING SERVICES
nW Building Compliance Division
918 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
' E-mail Address: pgregory(@co.weld.co.us
CPhone: (970) 353-6100, Ext. 3568
O Fax: (970) 304-6498
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
April 22, 2008
TOBY JON FOSS
14488CR1
LONGMONT CO 80504
Subject: BCV08-00050 Part of the SW4 of Section 19, T3N, R68W of the 6th P.M., Weld County, Colorado
Dear Mr. Foss:
It has been determined that the property located at 14488 County Road 1 is currently in violation of the following
Section of the Weld County Code:
Section 29.7-10"Permit required."
To bring your property into compliance with the Weld County Code:
A permit application and all applicable documentation for the mobile home on site shall be submitted,
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 April 22,2008. 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.
Si rely,
Sert
Peggy regoJ ry
Building Compliance Officer
pc: BCV08-00050
Peggy Gregory
From: Bethany Salzman
Sent: Wednesday, March 12, 2008 8:02 AM
To: Peggy Gregory; Trevor Jiricek
Subject: FW: Online Code Complaint
Peggy - I am forwarding this to you due to the mobile home being sat on tree stumps and
the exposed roofing and electrical wiring.
Trevor - I am forwarding this to you due to the oil and paint being dumped on the property
as part of the complaint.
I will deal with the miscellaneous vehicles and parts scattered around the property.
Thanks
Original Message
From: webmaster@co.weld.co.us [mailto:webmaster@co.weld.co.us]
Sent: Sunday, March 09, 2008 6:26 PM
To: Bethany Salzman
Cc: Ripley Casdorph
Subject: Online Code Complaint
Online Complaint submitted March 9, 2008
Name of Complainant: Lori Hughes
Address of Complainant: 14490 WCR 1
Email Address: lorivhughes@yahoo.com
Complainant Phone: 720-329-6871
Address of Alleged Violation: 14488 WCR 1
Nature of the Alleged Violation: Using stumps to level mobile home. Oil and paint dumped
on ground. Misc. vehilces and parts scattered on property. Skirting not fully attached.
Exposed roofing and electircal wiring.
How are Your/Your Property Impacted by this Alleged Violation? Dangerous chemicles
entering groundwater. Mobile home not properly attached to foundation.
Where is Your Property in Relation to the Alleged Violation: Adjacent
Have You Discussed Your Concerns With the Property Occupant? No
If Not, Please Explain Why? I'm afraid of repercussions.
Are You in a Subdivision Which has Covenants that Prohibit the Activity? Unsure
Have You Contacted the Homeowners Association? Select
May we contact you? Yes
1
r , ,,,,, ,
-Be vos-aooro
\. DEPARTMENT OF PLANNING SERVICES
Code Compaance Division
918 `De Street, Greeley, CO 80631
Q Phone_ !9?0; 253-6100, Ext. _540
Fax: (9701 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS
Complaint Initiated by:
D ZONING CODE COMPLAINT 0 Staff/Name IV-Citizen. 0/ei Other.
• HEALTH DEPARTMENT Cn:zen a Name(If known).
• WELD COUNTY SHERIF'F'S OFFICE/ANIMAL CONTROL Phone Number(If knowN:'
• BUILDING CODE COMPLAINT
O PUBLIC WOPU0S /PEST Sic WEEDS
Date Con-rniami was received: 3-/.?-of
Pending Case-4(i.e_USE, RE. SE, est_.):
Legal Descnption: 5/i/dri /9-3-op Parcel4: /d5O7-/9- 0-00-OD6
Violation Address: /MI AMIR e,e // 43,72.4- 00 OOfoV
Progeny Owners Name: f^ Phone.
Properr' Owners Address. da811- LJ
T enani's Name: Phone:
Tenant's Address: �p
NATURE OF COMPLAINT: Z7 ti0k d _ >'TLs-4-ii-, Lint
Addinonal Notes:
1111111111111111111111111111111111IlOt III11111VIII III!
2703764 07/01/-1980-12:20P-Weld-County CO
1 of 2 R 10.00 D 14.10 JR Sukt Tsukaaoto
a-�
WARRANTY DEED
THIS DEED, Made this 28th day of June .19 99 ,
between Rory R. Wilson
of the County of Weld and State of Colorado •
grantor,and Toby Jon Foss Trust
whose legal address is 14488 County Road #1, Longmont, CO 80504
of the County of Weld and State of Colorado ,grantee:
WITNESSETH,That the grantor,for and in consideration of the sum of ON):HUNDRED FORTY-ONE-THOUSAND-
AND NO/100
- DOLLARS,($141,000.00 ),
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:
The North 264.00 feet of the East 165.00 feet of the South 594.00 feet of the
North 660.00 feet of the East 330.00 feet of the West 990.00 feet of the
Southwest. 1/4 of Section 19, Township 3 North, Range 68 West of the 6th P.M.;
TOGETHER WITH a non-exclusive right of way for ingress and egress and
utilities over, under and across the North 50.00 feet of the West 660.00 feet
of said Southwest 1/4 and the North 66.00 feet of the East 330.00 feet of the
West 990.00 feet of the said Southwest 1/4; ALSO TOGETHER WITH a non-exclusive
right of way for ingress and egress and utilities over, under and across the
--Continued--
alsoknownbystreetandnumberas 14488 County Road el, Longmont, Colorado 80504
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 cnsealing 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 snever,except for taxes for the current year,a lien but not yet due or
payable,easements,restriciions,reservations,covenants and rights-or.way of record,If any.
Thegrantorshall andwillWARRAN-TANl3 FOREVER DEFEND the above bargained premises-in the quiet andpeaceable posses-
sion 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.
X --
Rory R. Wilson
.. y EFH/t
S TeyA ccr,ot o
UU�f } Iss.
c QEy-BOULDgR 1
IorifircekyyiaShyntnewas acknowledged before me this 28th day of June .19 99 ,by
i .RM^6t,M�s•
f•Or COL'°
My Commission expires: =f' - Witness my.hand-apt official seal.
FIRST AMERICAN •/ Notare
WARRANTY DEED(far PhoterWAle Remtd)Paeuuwot �Fil<k LR3319rB99�
HERITAGE TITLE
14488 County Road #1
CONTINUATION OF LEGAL DESCRIPTION TO DEED DATED
June 28, 1999 2
West 15.00 feet of the East 180.00 feet of the North 264.00 feet of the South
594.00 feet of the North 660.00 feet of the East 330.00 feet of the West
990.00 feet of the said Southwest 1/4 of Section 19,
County of Weld, State of Coiozado
111111111111111111IIIIIIIIII11111111111III IIIII II111111
2703700 07/03/1000 12:20? Meld County CO
2 of 2 0 30.00 D 14.10 JA Sulu ?sukanate
File LR33197B99
Identity Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R4755186 Parcel#: 120719000006
Tax Area: 2325 Bordering County:
Acres: 1
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
03- 68- 19- 0 _ _
Owners Name&.Address: Property Address:
FOSS TOBY JON Street: 14488 1 CR
14488 CR 1 City: WELD
LONGMONT, CO 80504
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception#
9/6/2005 $0 TRUN 3320735
Legal Description
25570D PT SW4 19-3-68 N264'OF E165'OF 5594' OF N660'OF E330'OF W990'SITUS: 14488 1 CR WELD 80501
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Measure Units Actual Value Value
Residential 1112 Acres 1
Land Subtotal: 1 $69,000 $5,490
Buildings Valuation Summary.
Bldg# Property Type Actual Value Assessed
Value
1 Mobile Home
Improvements Subtotal: $14,150 $1,130
Total Property Value $83,150 $6,620
Building Details
Account#: R4755186 Parcel#: 120719000006
Owners Name&Address: Property Address:
FOSS TOBY JON Street: 14488 1 CR
14488 CR 1 City: WELD
LONGMONT, CO 80504
Building# Property Type
1 Mobile Home
Individual Built As Detail
Built As: Single Wide Year Built: 1977
Exterior: Ribbed Aluminum HVAC: Forced Air
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1207... 05/30/2008
Identity Results Page 2 of 2
Interior Finish: Paneling Built As SQ Ft: 924
# of Baths: I Roof Type:
#of Bdrms: 3 Roof Cover: Metal Ribbed
# of Stories: 0
Rooms: 5 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft: 528
Basement:
Total SQ Ft: Finished SQ Ft:
Mobile Home Details
MH Make MH Length MH Width
Unknown 0 0
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1207... 05/30/2008
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