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HomeMy WebLinkAbout20081919.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST DANIEL LACOE 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, Daniel LaCoe, BCV #0800076, 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, Daniel LaCoe, 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 September 8, 2008, to allow adequate time for the property owner to submit a Flood Hazard Development Permit and complete all the work needed to bring the structure into compliance for said permit, and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV#0800076 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Daniel LaCoe 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 September 8,2008,to allow adequate time for the property owner to submit a Flood Hazard Development Permit and complete all the work needed to bring the structure into compliance. 2008-1919 PL0824 (10 P. PL 61/Oc: VIOLATIONS - BCV#0800076 - DANIEL LACOE 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 �G WELD COUNTY, COLORADO ATTEST: 1ILU / � j ILa�� aL7---i 2-' la : William H. Jerke, Chair Weld County Clerk to th(Bo : °�'' ' %�'�� , EXCUSED c� • Rob . Mast Pro Tern BY: C�cze,_ Co• v1. r� ill (Pi Deputy Clerk to the Boa ���� e 1m_F4GayCiacer si 'PRO D Ay R : David E. Long ount ttorneyr LAC<,vl‘ ✓ ouglas fdemacher Date of signature: 81/61 2008-1919 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Daniel A LaCoe Violation Number: BCV08-00076 Address: 11705 Julius ST, Fort Lupton, CO 80621 Legal: Part of the NE4 of Section 25, T1 N, R67W of the 6t" P.M., Weld County, Colorado Location: South of County Road 6, East of County Road 23 North: Wattenburg South: Agricultural property East: Agricultural property West: Wattenburg Parcel Number: 1469-25-1-00-025 Acres: 2.02 Certified mail date: June 18, 2008 Received: Regular mail date: June 18, 2008 Currently the property is in violation of: Chapter 29, Article III, Section 29-3-10 "Building permit required." REMEDY To bring the property into compliance a permit application and all applicable documentation shall be submitted for the structural steel building, fees paid, the permit issued and all inspections completed. A Flood Hazard Development Permit shall be submitted to the Public Works Department. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as no permit application has been submitted. CASE HISTORY April 29, 2008 30-day violation letter issued. May 29, 2008 Phone call to Daniel LaCoe. He said he had contacted the Public Works Department but had not gotten a response and he had contacted his attorney. June 18, 2008 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners sent certified mail and regular mail. June 30, 2008 Phone call to Daniel LaCoe to verify he is aware of the hearing on July 8, 2008, as he has not responded that he received my letter. 2008-1919 WELD COUNTY PLANNING DEPARTMENT Peggy Gregory Building Compliance Officer 918 10th St Greeley, CO 80631 C Phone: 970-353-6100 x3568 FAX:970-304-6498 E-Mail: pgregory@co.weld.co.us COLORADO June 18, 2008 LACOE DANIEL A 11735 JULIUS ST FORT LUPTON, CO 80621 Case: BCV08-00076 Legal Description: 20042-B PT NE4 25 1 67 BEG N4 COR SEC N89D28'E 911.52' S01D06'E 785' TO TRUE POB N89D28'E 180' S01D06'E 489' S89028'W 180' N01D06'W 489' TO TRUE POB SITUS: 11705 JULIUS ST WELD 000000000 Dear: LACOE DANIEL A 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: 29-3-10 "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.) To bring your property into compliance with the Weld County Code: Please be advised that the zoning permit will also be presented at the Violation Hearing. A permit application and all applicable documentation shall be submitted for the structural steel building, fees paid, the permit issued, and all inspections completed. A Flood Hazard Development Permit shall be submitted to the Public Works Department. 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 6itr\\ WELD COUNTY PLANNING DEPARTMENT Peggy Gregory Building Compliance Officer 918 10th St ig Gree ey, CO 80631 phone: 970-353-61 x3568 C FAX: 0 �., E-Mail: 304-64980o.weld.o.us COLORADO Sincerely, i.I pgregory@co.weld.co.us rY@ U.S. Postal Service r„ Li" CERTIFIED MAIL. RECEIPT - (Domestic Mail Only;No Insurance Coverage Provided) Peggy Gregory 0 tr'I F.,.elivery inf•rmatl,n visit •ur we•site at www.usps.c.me,. Building Compliance Officer pc: BCV08-00076 rti ' F I- Postage $ Certified Fee - O a Return Receipt Fee - Postmark (Endorsement Required) Here ORestricted Delivery Fee (Endorsement Required) Q' r.q Total Postage&Fees I'- Sent To Daniel A LaCoe *threat Apt.No.; I"- erPoeo"Na 11735 Julius 01 City,Stele,ZIP+4 Fort Luton CO 80621 PS Form 3800,August 2006 See Reverse for Instructions Page 2 of 2 10.THrtiiw, DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us ' E-mail Address:porecioryco.weld.co.us Phone: (970)353-6100, Ext. 3568 C. Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE April 29, 2008 DANIEL A LA COE 11705 JULIUS ST FORT LUPTON CO 80621 Subject: BCV08-00076, Part of the NE4 of Section 25, Ti N, R67W of the 6`h P.M., Weld County, Colorado Dear Mr. LaCoe: It has been determined that the property located at 11705 Julius Street 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 structural steel building on your property, a Flood Hazard Permit approved, 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 29,2008. 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. ZAr? Peggy Gregory Building Compliance Officer pc: BCV08-00076 David Bauer, Public Works Bethany Salzman, Zoning Compliance Officer i 1)6 1111111111111111111 EIH III 1111 11111 III 11111 IIII eft Book Page 2815185 12/2512000 01:39P JA 8ukl Tsukemoto Recorder 1 of 2 R 10.00 D 0.00 Weld County CO Quit Claim Deed THIS DEED is a conveyance from the indivldual(s),corporation(s)or other entity(ies)named below as GRANTOR to the individual(s)or entity(ies)named below as GRANTEE of whatever Interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells end quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: Grantor: b,e,,,,,,,,ausre Nx•blo,r•.N+no..tots roan.al Ow awnglivantor Ir lalnrnp bIni.Una to release wooing qua ro•nld),e.noa.an n+.d.nd an+sal. Tony D. Alatore and Henrietta Alatore 1785 Mary Avenue Fort Lupton, CO 80621 Grantee: lobe meal.a10 ideal Oath mumnl al ad,r.u,eaWmn;a.awrra roue Of numoo,a rwwnd I Daniel A. LaCoe 11735 Julius Street Fort Lupton, CO 80621 Form of Ca-Ownership: (II then.we trio w more arm heating will as aotrald.r.d Is lies a.omits,a.cOrtorea unless In.riot.. m lore r.oarcr ar woreth,at the s•me m.ennp•t.aaana In insane")Wow) Properly Description: (inoaae count),sode•1.I See attached "Exhibit A— Legal Description" by this reference made a part hereof. Property Address: None—Vacant Land a Reservations-Restrictions: (aim GRANTOR 4Wnd.b room any'ninon,m aIts plae.perly or la covey Yu n.owns,or,IM GRANTOR o o.mNrep Me GRANTEE'S%hi'in Ina property,m•k•"Apropos.indication I 3 d Executed the Grants on December 9O 2000 by S'¢wtme Clause for InaNldualtd): Signature Claw lot Capaallon,PmtrumelP a p+eoclallen: • Name or Grantor: Corporation.Partnership or Aaaciation rantoa 1T,ony fiPx .o r/}Z I„ t MAL By enrietta Alatore ` r Grantor e 0y - Grants 1.if _ R. De.„,s ip 114..6:•••• AJ STATE OF COLORADO s COUNTY OF WELD / the lernpe&onaetmerdway 0crnoweda•abeor.m.m, '. /40 do, December, 2000 s; Tony D. Alatore NAt a n 080 es e•• 9 MYComme WTNESS handip son: ,A2 2MC� OF GO<.OP � STATE OF COLORADO ItiCornirissica Ewuet Nome riled sex COUNTY Of WELD i qj� Od Ylu. 33 m+r:n.vand d'trnrmt.rn.revxcrw...rrp.a b+ma m.m. r�"""`�. oryol Decembe re Zt110-h ',Ohs6 or. Henrietta Alatore ? , d�'',y, tQ. t Q r non.meg&J Grmbrpr or It Genao 6rpaoan.pant's'[or ANa:rrnbn.Aar eager Ipua ntpresowi ewes p.sddplt ytl sa ritavfr aideatl f reulaY or capctanen.orelpanne^sr a.n Meall.a m•rro+tr,f of oaltootal i,Y • U J l w1RJESS ml hand and officio!eaa'. 'Sea/ //// / My commiteon el(r.:ree:4 iI n7„26 L1(� ' C/ germ Ksalt • 1111111 11111111111 EMI III EMI 111111 III 11111 IIII IIII 28off185 2 R1 O.00�D 0.00 Weld00 01:39P A Suld County Immoto 2 County CO 'EXHIBIT A-LEGAL DESCRIPTION" ALATORE TO LACOE THAT PART OF THE NORTHEAST QUARTER OF SECTION 25,TOWNSHIP 1,NORTH,RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN,WELD COUNTY COLORADO, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 89 DEGREES 28 MINUTES 00 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 911.52 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF THE ABANDONED DENVER,LARAMIE AND NORTHWESTERN RAILWAY AS SHOWN ON THE RECORDED PLAT OF THE TOWN OF WATTENBERG; THENCE SOUTH 01 DEGREES 06 MINUTES 10 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 785.00 FEET TO A POINT ON THE NORTHERLY UNE OF A PARCEL OF LAND DESCRIBED UNDER RECEPTION NO. 2088625 IN BOOK 1146,WELD COUNTY RECORDS,SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 28 MINUTES 00 SECONDS EAST ALONG SAID NORTHERLY UNE AND PARALLEL WITH THE NORTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 180.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF SAID ABANDONED DENVER,LARAMIE AND NORTHWESTERN RAILWAY; THENCE SOUTH 01 DEGREES 06 MINUTES 10 SECONDS EAST ALONG SAID EASTERLY RIGHT OF WAY UNE A DISTANCE OF 489.00 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE SOUTH UNE OF BLOCK 20,SAID TOWN OF WATTENBERG; THENCE SOUTH 89 DEGREES 28 MINUTES 00 SECONDS WEST ALONG SAID EASTERLY EXTENSION OF A DISTANCE OF 180.00 FEET TO THE SOUTHEAST CORNER OF LOT 10,BLOCK 20,SAID TOWN OF WATTENBERG, SAID POINT ALSO BEING A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID RAILWAY; THENCE NORTH 01 DEGREES 06 MINUTES 10 SECONDS WEST ALONG THE EAST UNE OF BLOCKS 20 AND 15,AND ALONG SAID WESTERLY RIGHT OF WAY LINE A DISTANCE OF 489.00 FEET TO THE TRUE POINT OF BEGINNING,COUNTY OF WELD,STATE OF COLORADO. Identify Results Page I of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1004696 Parcel#: 146925100025 Tax Area: 2502 Bordering County: Acres: 2.02 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 01 - 67 - 25 - 1 - - Owners Name & Address: Property Address: LACOE DANIEL A Street: 11705 JULIUS ST WELD 11735 JULIUS ST City: WELD FORT LUPTON, CO 80621 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 12/20/2000 $0 QC 2815185 Legal Description 20042-B PT NE4 25 1 67 BEG N4 COR SEC N89D28'E 911.52' S01D06'E 785' TO TRUE POB N89D28'E 180' SO1D06'E 489' S89D28'W 180' N01D06'W 489' TO TRUE POB SITUS: 11705 JULIUS ST WELD 000000000 Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Residential 1112 Site Land Subtotal: $26,000 $2,070 Buildings Valuation Summary Bldg# Property Type Actual Value AssessedValue 1 Residential Improvements Subtotal: $301,860 $24,030 http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=14692... 6/16/2008 Identify Results Page 2 of 2 Total Property Value $327,860 $26,100 Building Details Account#: R1004696 Parcel#: 146925100025 Owners Name & Address: Property Address: LACOE DANIEL A Street: 11705 JULIUS ST WELD 11735 JULIUS ST City: WELD FORT LUPTON, CO 80621 Building# Property Type 1 Residential Individual Built As Detail Built As: Ranch 1 Story Year Built: 2002 Exterior: Frame Masonry Veneer HVAC: Central Air to Air Interior Finish: Drywall Built As SQ Ft: 2661 # of Baths: 2 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 0 Units: 0 Garage: Attached SQ Ft: 884 Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14692... 6/16/2008 4 I P'dd :ryyy. r. k s c'i Q➢ i yr fiat} w Yy a .r ffire ar ;' 9 1 f7 ` Yt � r`� a �¢ � d s-4. •,...,.a.,,.*;?-4.,•-,.;', ..,,, ''- 'f P �Lz wx ' E a @ s-2yr' h r 'E. t' �x=t r re 'i ;s k t;2',,3:051.4;;;Z w E ' t k k�_ L 'it:rOde `cm 1i F P, $ s aces + ii5x .. � I A itiit,s* +.—alt'`"x'<`�Y a�§" if::::::::` :r R 1,..572.;••:::4f.::::,:—.,,,_:,, , t A. x ti :: ak," a 5 YTM -!' -4 t'•' n' , ° f{ s.x ,r, a .a. a 6. .. d 5}, '4::::::‘:',.:±i7'..1:.•;.1:',4 • .a r t, t y k t d '�4 i ,r x ' . slay *: ':a • 'e aryl" .ti # s x vas 4 � � s.:N E >7 d.. ,rGr �+ _.P �.��� kp d�{' �k 1;.m.�.F� �nll < ki N +. 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