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
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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
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•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. QUITCLAIM DEED
Bradford Publishing.1743 Was.Sr..Denver.CO S0207—(31135 292-29p—wwr•_bradfordpublishingc2n—4-02
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