HomeMy WebLinkAbout20081027.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
BCV #0701099 AGAINST TODD SMITH 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,Todd Smith, BCV#0701099, 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 April, 2008, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,Todd Smith 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 Todd Smith 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.
2008-1027
PL0824
C0 ,2u a�
VIOLATIONS - BCV#0701099 -TODD SMITH
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 8th day of April, A.D., 2008.
w+ BOARD OF COUNTY COMMISSIONERS
‘'F ®� WELD COUNTY, COLORADO
S '-'----
ATTEST: , 7 . �> ,�
s R". "� ��`.��y ' 'am H. Jerke, Chair
Weld County Clerk to the - 44
t `c \FLOC
°�, Ro ert Q. s e Pro-Tem
BY: 6l� q , ( G1 `tip .. .I ( (>7
De y Cler the Board
William F. Garcia
APP D AS T EXCUSED
David E. Long
Zou ty Attorney
/7 AK—
ougla Radema her
Date of signature: ` ID-I IN
2008-1027
PL0824
Violation Summary Report
BASIC INFORMATION
SMITH TODD N 46333 COUNTY RD 29 NUNN, CO 80648
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV07-01099
Situs Address: 46475 CR 29
Legal: PT N2SE4 8-8-66 LOT A REC EXEMPT RE-3654 (.23R)
Location: Location WEST OF AND ADJACENT TO COUNTY ROAD 29, 1/2
MILE SOUTH OF COUNTY ROAD 96
North AGRICULTURAL PROPERTY
South AGRICULTURAL PROPERTY
East AGRICULTURAL PROPERTY
West AGRICULTURAL PROPERTY
Parcel Number: 055308400017-R2826804 Acreage: 2.50
Certified Mail Date: 03/10/2008
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.
REMEDY
A permit application and all applicable documentation shall be submitted for the manufactured home on
site, fees paid, the permit issued, and all inspections completed.
RECOMMENDATION
Staff reommends this case be referred to the County Attorney for immediate action as the manufactured
home is on site, a permit was applied for but no inspections were completed and the permit expired.
LETTER HISTORY
10/25/2007 Complaint Validated
10/25/2007 LTTR: Violation Notice
03/10/2008 LTTR: Hearing Notification
OTHER CASE HISTORY
03/06/2008 Property Inspected MOBILE HOME STILL THERE
01/16/2007 Property Inspected STOP WORK POSTED. WORK STARTED WITHOUT
PERMIT. PERMIT HAS BEEN APLIED FOR. NO
FURTHER WORK IS TO BE DONE UNTIL PERMIT IS
ISSUED.
08/23/2007 Property Inspected NO WORK HAS BEEN DONE SINCE STOP WORK.
10/24/2007 Property Inspected HOUSE IS SITTING ON BLOCKS. IT DOES NOT
APPEAR TO HAVE ANY WORK DONE RECENTLY.
04/02/2008 PERMIT APPLICATION
SUBMITTED
2008-1027
DE ITMENT OF PLANNING SERVICES
Building Compliance Division
rat ii,--;„\\ NORTH OFFICE
918 10th Street
Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
Email Address: pgregory@co.weld.co.us
Phone Number: 970-353-6100 x3568
Fax Number: 970-304-6498
SOUTHWEST OFFICE
�^tTT ���S � �-y,� 4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
March 10, 2008
SMITH TODD N
46333 COUNTY RD 29
NUNN, CO 80648
Legal Description: BCV07-01099
PT N2SE4 8-8-66 LOT A REC EXEMPT RE-3654 (.23R)
Dear: SMITH TODD N
The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of
County Commissiners on:
04/08/2008 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.
To bring your property into compliance with the Weld County Code:
A permit application and all applicable documentation shall be submitted for the manufactured
home on site, 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 Commisioners 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 appoin tment so that I may reserve a
sufficient amount of time with you.
Sincerely,
GM Spat
Peggy Gregory
Building Compliance Officer
pc: BCV07-01099
U.S. Postal Services,
m CERTIFIED MAIL, RECEIPT
t` (Domestic Mail Only;No Insurance Coverage Provided)
7
F reelvvery informati•n visit•ur we•si[e at www.us•s.c ms
Rl
tri
Postage $
m C3 Certified Fee Postmark
Cl O Return Receipt Fee Hera
(Endorsement Required)
O Restricted Delivery Fee
ru (Endorsement Required) dd��
Total Postage&Fees $
U.)
O Sent To
o TODD N SMITH
N Street Apt.No.;
or PO Box No. 46333 CR 29
City,State.ZIP+4 NUNN CO 80648
PS Form 3800(June 2002 See Reverse for Instructions
SEN$E': C�M'LETE THIS SECTI•N
C•M'LETE THIS SECTI•N r N r ELIVE•
A. Signet ' _ -� Agent
a Complete items 1,2,and 3.Also complete
item 4 if Restricted Delivery is desired. X CI Addressee
• Print your name and address on the reverseDate of Delivery
so that we can return the card to you. '- yv-_• • a .D D .�;
• Attach this card to the back of the meilpiece, : ' � _or on the front if space permits. D. Is delivery address different from item 1.n O Yes
1. Article Addressed to:
If YES,enter delivery address below: O No
TODD N SMITH
46333 CR 29
NUNN CO 80648
3. Service Type '":
❑Certified Mall ❑:.Exptess Malt'
❑Registered 0 Retum.Receip4tor MelPhandise
❑Insured Mall 0 C.PD.:
4. Restricted Oelivery?1Extra Fee) O Yes
2. Article Number 7005 1820 0003 5225 4738
(Transfer from service la 102595-02-M-1540
PS Form 3811,February 2004
Domestic ReturnrReceipt
Kit;≥N
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
1 C 918 10th Street, Greeley, CO 80631
pgregory@co.weld.co.us Phone (970) 353-61O0, Ext. 3568
Fax: 30(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
October 25, 2007
TODD SMITH
46333 CR 29
NUNN CO 80648
Subject: BCV07-01099, Part of the N2SE4 of Section 8,T8N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. Smith:
It has been determined that the property located at 46475 County Road 29 is currently in violation of the
following Sections of the Weld County Code:
Chapter 29,Article VII "Mobile,Manufactured or Factory-Built Home Permits"
Section 29-7-10 "Permit required."
Section 29-7-70 "Zoning compliance."
To bring your property into compliance with the Weld County Code:
A Flood Hazard Development Permit shall be submitted and approved by the Weld County Public Works Department as
the home is partially in the flood plain.
Once the flood plain issues are resolved,the balance of$3,986.75 shall be paid and permit number PRN-073001 issued
as the home is on site.
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,
we have no discretion in this matter if you fail to correct this violation. You have 30(thirty)days from October
25, 2007, to comply. Failure to do so will result in a zoning violation being initiated and this office scheduling
the case before the Board of County Commissioners to consider whether to refer the violation to the County
Attorney's Office for legal action.
page two
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.
ely, �w _
Peggy Gregory
Building Compliance Officer
pc: BCV07-01099
PRN-073001
Lin Dodge, Building Technician
Ann Siron, Zoning Compliance Officer
Bryon Horgen, Assistant Building Official
David Bauer, Weld County Public Works
IIlllllIIII12/221199931111111111111I1111►1411 III I111111 N
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1 of 1 R 5,00 17.00 Weld County CO
Warranty Deed
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the
'property')from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s)
or entity(ies)named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants die title to the property.except
for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-
way shown of record (3)any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5)any
protective covenants and restrictions shown of record(6)any additional matters shown below under'Additional Warranty Exceptions'.
and(7)subject to building and zoning regulations.
D.F.
$17.00 The c Terms of Deed Are:
Grantor: (Give mrn e(e)end tad pba(s)of rendence,if the spas of the owner-grantor is joining in this Deed to mimic homestead rights.identify Rotators as
waband and wife)
DENNIS LEE MILLER AND ERIN K.MILLER
Gramm: (Give m ne(s)and eddma(a):statement of address,including available road or aura amber,)
GARY W.SMITH,ANNA L.SMITH AND TODD N. SMITH
46333 WCR 29,NUNN,CO 80648
Form of Co-OwreMWpi (if that are two or more grantees named,they will be considered to take as tenants in common unless the weeds'm joint
tenancy'or words of the same meaning are added in the mace below.)
JOINT TENANTS
Property Description (Include county and state)
THE SE1/4 OF SECTION 8, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE THE 6TH P.M., WELD
COUNTY,COLORADO.
Property Address: 46333 WELD COUNTY ROAD 29,NUNN,COLORADO 80648
Consideration: (The statement of a dollar amount is optional.adequate consideration for this deed will be presumed unless this conveyance is identified
as a gift. In any cue this conveyance it absolute,final and arcodinoon)
ONE HUNDRED SEVENTY THOUSAND AND 00/100
Reettvatio s-Reatrhfions: If the GRANTOR intends en reserve any interest in the propeny or en convey leer than h owned,or if the GRANTOR is
intoning the GRANTEE'S right in the property.make o propriate indication.)
Addefond Warranty Exceptions: (Include dads of bust being assumed and other masers an covered Move.)
Executed by the Grantor on DECEMBER 20, 1999
signature for Corporation,Partnership or Association: Signature for is a
Name of Grantor: Corpo`;v Partnership or Association D IS LEE MILLER Grantor
RY UP B)a
By O�A..,..,_
Grantor
CHERYL L
By
M
ERIN K.MILLER Grantor
rgg s'A\ 1'4
Aeon:' ltt��E 0......,`OQk':
STATE OF COLORADO
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 20th day of DECEMBER, 1999
Byes DENNIS LEE MILLER AND ERIN K.MILLER
WITNESS my hand and official seal.
My commission expires: AUGUST 4,2001 Notary Br
STATE OF 1221 AVENUE, GREELEY, 80631
COUNTY OF
The foregoing instrument was acknowledged before me this day of
Byes
(•mere individual Grantor(e)or if Grantor is Corporation,Pamerahip or Association,men identify sigma an president or vice president and secretary
or acaiamn secretary or corporation or as panmrp)of Partnership;or as authorized member(s)of association)
WITNESS my hand and official seal.
My commueion expires: Notary Public
01981 UPDATE LEGAL FORMS WCTC No.20)-L
1 111111 11111 1111111 1111111 11111 mill Ill Hill 1111 IIII
2848801 of 1 5.00 Z0 0.00,W Weld County COA Sold eul®moro
Quit Claim Deed
THIS DEED is a conveyance from the individualls),corporationlsl or other entityliesl named below as GRANTOR to
the individualls)or entityliesl named below as GRANTEE of whatever interest the GRANTOR may have in the real
property described below.
The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its
appurtenances.
The specific terms of this deed are:
Grantor: Anna L.Smith,Gary W.Smith,and Todd N.Smith
46272 WCR 29,Nunn,Colorado,80648
Grants: Todd N.Smith
46272 WCR 29,Nunn,Colorado,80648
Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in
common unless the words'in joint tenancy'or words of the same meaning are added in
the space below.)
Property Dpalpdn: North K of SE Y.of Section 8,Township 8 North,Range 66 West of the 6th P.M.,
weld County,Colorado
Property Address:
Raervatlone-Restriction: None.
Executed by the Grantor on IJa,a Y J ,2001
eleom,e.Clean Nr kMM lush•:
cAnzo c G(
Am.L.Smith.Grantor
6JL
.,w. Sm enter
Todd N.Beim.Grantor
STATE OF COLORADO I
1 ss.
COUNTY OF WELD 1 /�,�1�,,ff��
The foregoing instrument was acknowledged before me this4T^ day of 2001, by
Anna L Smith.Gary W Smith.and Todd N.Smith TTVU
t AAY.PUB
WfTNESS my hand and official seal. •""
My commission expires: gl 7/'41,...I,
1 fit/ No ry ubic •
• EA-5.
€ JOHNSON
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