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HomeMy WebLinkAbout20082724.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION BCV#0800119 AGAINST VAL DAVENPORT 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, Val Davenport, BCV #0800119, 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 14th day of October, 2008, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Val Davenport 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 Val Davenport 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. 2008-2724 PL0824 (/(1 ( l/ CNOL- VIOLATIONS - BCV#0800119 - VAL DAVENPORT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of October, A.D., 2008. BOARD OF COUNTY COMMISSIONERS MJi4#at4 :ii �% WELD COUNTY, COLORADO ATTEST: ft!),: liL. , �-i-w r IS61 .,�Y��`0 !� illiam H. Jerke, Chair Weld County Clerk to the mar �J XCUSED , , . obert D. Mas�, Pro-Tem BY: h ��6��<,K� " De u y Clebk to the Boa d Wi • m F. Garcia AP DASTO • . c � David E. Long ��-,_ oust A torney EXCUSED Douglas Rademacher Date of signature: ib I30(DS 2008-2724 PL0824 Violation Summary Report BASIC INFORMATION DAVENPORT VAL G P O BOX 862 FORT LUPTON, CO 80621 Tenant: Compliance Officer: Peggy Gregory Violation Number: BCV08-00119 Situs Address: 15294 MARY AV Legal: 2AR32-3 L3 BLK32 2ND ARISTOCRAT RANCHETTES SITUS: 15294 MARY AV WELD 80621 Location: Location Between County Roads 16 and 18, East of County Road 31 North Agricultural property South Agricultural property East Agricultural property West Agricultural property Parcel Number: 130927223002-R5227686 Acreage: 0.99 Certified Mail Date: 09/15/2008 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. 29-8-40 "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 mobile 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, very few inspections were completed on the previous permit. LETTER HISTORY 08/13/2008 Complaint Validated 08/13/2008 LTTR: Violation Notice 09/15/2008 LTTR: Hearing Notification OTHER CASE HISTORY 03/21/2008 Phone Call Phone call from Val Davenport- he will request an 2008 extension. 04/02/2008 E-Mail Received E-mail from Val Davenport requesting extension 04/03/2008 E-Mail Sent E-mail to Val Davenport, prior to approval of extension, a Violation Summary Report ZPMH for temporary during construction is required. 04/07/2008 Office Visit Val Davenport was in the South office - he says he will have the mobile home removed within 30-40 days. Bryon approved a 90 day extension then a new permit will be required. 07/21/2008 Other 10-day letter advising extension has expired. Kit t WELD COUNTY PLANNING DEPARTMENT Peggy Gregory Building Compliance Officer 918 10th St Greeley, CO 80631 WEI g C Phone: 970-353-6100 x3568 FAX:970-304-6498 E-Mail: pgregory@co.weld.co.us COLORADO September 15, 2008 DAVENPORT VAL G P O BOX 862 FORT LUPTON, CO 80621 Case: BCV08-00119 Legal Description: 2AR32-3 L3 BLK32 2ND ARISTOCRAT RANCHETTES SITUS: 15294 MARY AV WELD 80621 Dear: DAVENPORT VAL G The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the.Board of County Commissioners on: 10/14/2008 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. 29-8-40 "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 mobile 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 Z10Za6ed U.S. Postal Servicew c CERTIFIED MAIL, RECEIPT rn (Domestic Mail Only;No Insurance Coverage Provided) rn F r•elivery inf•rmati nvisit•ur we•site at www.us•s.c•mM Postage $ Certified Fee O Postmark C Receipt Fee Here O (Endorsement Required) e p tod D rs Delivery Fee - .C (Endorsement Required) rR Total Postage&Fees Sent To 0 Val Davenport r` .No.; or PO Box tNo PO Box 682 15294 Mary AV ciy,State.zIPaFort Lupton CO 80621 See Reverse for Instructions PS Form 3800.June 2002 =R: COMPLETE THIS SECTION C•M•LETE TF IS SECTI eN eN •ELIVE•Y A Complete items 1,2,and 3.Also complete A. Slgnatu,I item 4 if Restricted Delivery is desired. X 1�% / �/� Agent • Print.your.narne and address on the reverse .I r/ ❑Addressee so that we can return the card to you. B. Recei -. . (Printed Name) Da7gelivery • Attach this card to the back of the mailpiece, � — ' or on the front If space permits. Weld •• yF:'• '!e ./ item 77 ❑Yes 1. Article Addressed to: G ••# � �••, M ry address below: ❑ No VAL DAVENPORT SEP 3 0?non 15294 MARY AV PO BOX 682 ''ECEIVED FORT LUPTON CO 80621 3. Service Type Oa Certified Mail O Express Mail O Registered O Return Receipt for Merchandise ❑ Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1160 0001 4539 2338 '.00-80A08 :31 (Transfer from service , idwo'J 6u!pIlnf PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 2-� ,{1O69JO Moe, ITV110 j00 T 'i(ieJeou!E srroo pleM oo@��o6eJ6d :�ieW 3 OCE 8649-P0£-0L6:)Old 89S£X 001.9-£5£-OLG :a1-1°4d 1.2909 00 'AeleeJO 3StI3OL8L6 • JeolJ4O eoueildwo0 6uipjrng AbLN flOO 013M ed 1N3W1Mtld30 °JNINNtlId A1Nf100 Ol3M 4► tS DEPARTMENT OF PLANNING SERVICES Building 918 0t Compliance Division 1 10th Street, Greeley,ey, 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 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE August 13, 2008 VAL DAVENPORT PO BOX 862 FORT LUPTON CO 80621 Subject: BCV08-00119, Lot 3, Block 32, Aristocrat Ranchettes#2, Weld County, Colorado Dear Mr. Davenport: Permit number PRS-063072 has now expired and the property located at 15294 Mary Avenue is currently in violation of the following Section of the Weld County Code: Section 29.7-10 "Permit required." Section 29-8-40 "Expiration of permit." To bring the property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the mobile 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 August 13, 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. 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. S' ely, Peggy regory Building Compliance Officer pc: BCV08-00119 PRS-063072 • ZCV08-00079 a re;cti DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us Address: pgregory@co.weld.co.us CE-mail Phone: (970)353-610, Ext. 3568 Fax: (9770) 304-6498 COLORADO July 21, 2008 VAL G DAVENPORT PO BOX 862 FORT LUPTON CO 80621 Subject: Permit#PRS-063072—Lot 3, Block 32, Aristocrat Ranchettes#2, Weld County, Colorado Dear Mr. Davenport: On April 7, 2007,you were granted an extension on the above noted permit for a mobile home at 15294 Mary Avenue. According to our records,that extension has expired and all inspections have not been completed. Failure to complete all inspections within 10 days from the date of this letter will result in a violation notice 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, y, Peggy Gregory Building Compliance pc: PRS-063072 SERVICE,TEAMWORK,INTEGRITY,QUALITY a DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street ' Greeley, CO 80631 WI D Co pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO March 6, 2008 VAL G DAVENPORT PO BOX 862 FORT LUPTON CO 80621 Subject: Permit#PRS-063072—Lot 3, Block 32, Aristocrat Ranchettes#2, Weld County, Colorado Dear Ms. Davenport: This letter is to remind you that a permit for a mobile home at 15294 Mary Avenue was issued on April 6, 2007. According to our records, this permit will expire on April 6, 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, °lilt Atlit Peggy Gregory Building Compliance Officer pc: PRS-063072 SERVICE,TEAMWORK,INTEGRITY.QUALITY 460fa DEPA VIENT OF BUILDING INSPECTION NORTH OFFICE ai 918 10 STREET GREELEY, COLORADO 80631 80631 (97O)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. P5 (25t0 Y-7,9‘ (/1�7� O � Is being issued on 04. OO / _. In accordance with Section 29-8-40 4 (of the �Weld County Code, this permit will expire on: 0 Lit 0&.0-g 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: Date: - - co 7 ) Relationship to Property Owner: ae Respectfully, grAP-L° Roger Vigil Chief Building Official Office Ted-41A! Date: O 1-1' 01.!9 (77 cc: Building Permit File �IIIIII IIIII Iilllll����IIIII����IIIIIII���IIIII IIII Iii Z% 13026272fIR 6.0000 0 0.00 Slave Counly, CO SIeve Moreno Clerk&Recorder - QUITCLAIM DEED THISDEED,dated January 23, 2003 J between r.da L. Davenport • of the 'County of Weld and State of Colorado,granb,(s),and Val G. Davenport whose legal address is 15294 Mary Avenue,Fort Lupton I� of the County of Weld and State of Colorado ranlee(s), 1 e WITNESS,that the grantor(s),for and in consideration of the sum of One Hundred DOLLARS, the receipt and sufficiency of which is hereby acknowledged,hag remised,released,sold and QUITCLAIMED,and by these presents do eS remise,release,sell and QUITCLAIM unto the grantee(s), his heirs.successors and assigns forever,all the right,title,interest,claim and demand which the grantot(s)his in and to the real property,together with improvements.if any. • situate.lying and being in the County of Weld and State of Colorado, described as follows: Lot Three(3) in Block Thirty Two (32) Aristocrat danchettes. • Subdivision Second Filing, Located in Section 27, Township 2 North, range 66 West of the 6th P.M. alsoknownbyrtree andnumberas:15294 Mary Avenue, Fort Lupton, Colo.80621 assessor's schedule orpercelnumber: 13 0927 223002 TO HAVE AND TO HOLD the same,together with all and singular the appunenances and privileges thereunto belonging,or in anywise I thereunto appertaining,and all the estate.right.title,interest and claim whatsoever of the grantors),either in law or equity,to the only proper use,benefit and behoof of the grantees) his heirs and assigns forever. IN WITNESS WHEREOF,the grantors)ha executed this deed on the date set forth above. STATE OF COLORADO !' /',,,�, \a SS. County of We- byThe�`g Ong insw ackrwwlgked rc me this (713-.M1 day of (/,a�L�, ,20 A . . Peel Witness my.f$h pet seah My wmmi4iop''th.0 �. )4 -0-Q4 • • •Were applicable,insert Tiny and". �4eI PPCL` ^' rvasr Weix Nine role CTn g.r4rry Coma Lego Dump.141x)1 au 1.cal• No.933.Rev.4-94. 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