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Home My WebLink About20082708.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST GARY DEJOHN 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, Gary DeJohn, BCV #0800091, 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 9th day of September,2008,a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, at which time this matter was continued to October 14, 2008, and WHEREAS, on the 14 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, Gary DeJohn 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 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 December 14, 2008, to allow adequate time for the property owner to submit all applicable documentation, pay all fees, and have all the inspections completed to bring the subject property into compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV#0800091 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Gary DeJohn 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 December 14, 2008, to allow adequate time for the property owner to submit all applicable documentation, pay all fees, and have all the inspections completed. 2008-2708 PL0824 VIOLATIONS - BCV#0800091 - GARY DEJOHN PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 14 day of October, A.D., 2008. BOARD OF COUNTY COMMISSIONERS -. WELD COUNTY, COLORADO �ATTEST: rt.- � a H. Jerke, Chair W = County Clerk to the Bo Ftd!: mi __'� +; USED n ,•: ,:1 �F..ert %. y .' n, Pro-Tern B `1 `!1 °�� De.0 y Cle to the Boar. _ F. Garcia AP ED AS F • David E. Long n tor ey EXCUSED Douglas Rademacher Date of signature: 1bi3Ch 2008-2708 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Gary DeJohn Violation Number: BCV08-00091 Permit Number: BCN-070013 Address: 24355 Cottonwood Lane Legal: Open space, Cottonwood Falls PUD Location: West of and adjacent to County Road 69, North of County Road 50 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 0959-34-1-01-014 Acres: 4.62 Certified mail date: August 19, 2008 Received: September 22, 2008 Currently the property is in violation of: Chapter 29, Article III, Section 29-3-10 "Building permit required." Chapter 29, Article VIII, Section 29-8-40 "Expiration of permit." REMEDY To bring the property into compliance a permit application and all applicable documentation shall be submitted for the gazebo, fees paid, the permit issued, and all inspections completed. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as Mr. DeJohn is well aware of the violation and a permit application has not been submitted. CASE HISTORY September 14, 2007 Letter to advise permit will expire on October 18, 2007. October 10, 2007 180-day extension request received. October 15, 2007 Extension approved by Bryon Horgen. April 23, 2008 10-day letter to advise extension has expired. May 6, 2008 Phone message from Mr. DeJohn, inspection scheduled for May 9, 2008, then cancelled. May 12, 2008 Phone call from Mr. DeJohn, he states he will be done by May 16, 2008. June 6, 2008 14-day violation letter to get new permit. August 19, 2008 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners on September 9, 2008. 2008-2708 September 15, 2008 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners on October 15, 2008. September 22, 2008 Certified Mail Receipt for October 14, 2008, hearing returned signed by Mr. DeJohn. September 26, 2008 First certified letter returned "Unclaimed." • (it (ii;oteN, DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO el 80631 Website: www.co.weld.co.us ' E-mail Address: pgregory@co.weld.co.us DPhone: (970) 353-6100, Ext. 3568 CFax: (970) 304-6498 COLORADO September 15, 2008 GARY DE JOHN 1860 23 AV GREELEY CO 80631 Subject: BVC08-00091, Part of Section 34, T5N, R63W, of the 6th P.M., Weld County, Colorado Dear Mr. DeJohn: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on October 14,2008,at 10:00 a.m., to consider the violations. The property is in violation of the following Section(s) of the Weld County Code: Section 29-3-10 "Building permit required." Section 29-8-40 "Expiration of permit" To bring your property into compliance: A permit application and all applicable documentation shall be submitted for the gazebo, fees paid,the permit issued, and all inspections completed. This meeting will take place in 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 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 have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. ely, Peggy Gregory Building Compliance Officer pc: BCV08-00091 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) F.r•elivery informati•n cviisit our we•site at www.us•sc•m,t Postage $ Certified Fee -0 Return Receipt Fee Required) - Postmark Here C (EndorsementR Here , t Restricted Delivery Fee .. - D (Endorsement Required) r4 Total Postage&Fees $ Ln ent To o Gary DeJohn rt. -b`treer,,Aot.No.; oPPOa0XNo. 1860 23 AV City,State,ZIP;4 Greele CO 80631 PS Form 3800,June 2002 See Reverse for Instructions • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig tore item 4 if Restricted Delivery is desired. O Agent • Print your name and address on the reverse X so that we can return the card to you. ❑Addressee • Attach this card to the back of the mailpiece, R. Received by(Printed-1N�am�e) C. Date of Delivery or on the front if space permits. 644--442 ;Der"- Q '`YS 1. Article Addressed to: ��-}}/11��I(very address different from item 1? O Yes �'fW� Ndlramningdg t ❑No GARY DEJOHN GREELEY OFFICE 1860 23 AC SEP 2 2 mRR GREELEY CO 80631 3. Certi E® fi I' iJ Mail ❑Registered ❑Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number (Transfer from service 7005 1160 0001 4539 2314 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 O o m O W ,� N ° o c ,/M��c 0 00 _ YJ2 W n NillZ O o :n c' -- 't to< 0- C a P�' or p ~ `� n O O 7. 6\ ID LL N O 0 3 0 _= d v Z R W -- lo 0irq_L: WOO O - ��tlNn o �nmu K 7. OHO -- U I-aF . sar�c_ : N ZUW O _T4'Z_I :iC4 3 U F]In Q 0 fY 3 r _OCD _ o W o 0 H X imiliii H a �o z r r �. M Ul 0 C z o C ;` to N > > d / �,v !ue grt a ii 9 `.tip , 'Fi.s ' ri r tN p N py d lb U tr is} •arc" a� 0 >co _ yo �o-:M t t ch 'C N nw A"y'' C V { ti ,o- a O o ao O N aci V r U c` e cow T J It QA1 r C O a7 matey a= cc m a+ 7 r CI CO 3014® A9 di o v� W®► � t t�ld�ei� dfl®�Dk A t' —_a �allS DEPARTMENT OF PLANNING SERVICES (On Building Compliance Division 918 10th Street, Greeley, CO el 80631 Website: www.co.weld.co.us WIlD E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 CFax: (970) 304-6498 COLORADO August 19, 2008 GARY DE JOHN 1860 23 AV GREELEY CO 80631 Subject: BVC08-00091, Part of Section 34, T5N, R63W, of the 6th P.M., Weld County, Colorado Dear Mr. DeJohn: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 9, 2008, at 10:00 a.m., to consider the violations. The property is in violation of the following Section(s) of the Weld County Code: Section 29-3-10 "Building permit required." Section 29-8-40 "Expiration of permit." To bring your property into compliance: A permit application and all applicable documentation shall be submitted for the gazebo, fees paid, the permit issued, and all inspections completed. This meeting will take place in 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 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 have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. Sincerely, Peggy Gregory Building Compliance Officer pc: BCV08-00091 U.S. Postal Service,., CERTIFIED MAIL., RECEIPT mui (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivery int•rmati•n visit •urwe•site at www.us•s.c•ma is U, Postage $ A Certified Fee p Postmark C Ret urn Receipt Fee Here CI (EndorsementurRequired) p Reatrls n Fee - o (Endorsement tliCtedDIvewFRequired) a rR Total Postage&Fees l7 Sent To o Gaeet, ptNo.;QIohn N orStrpOsox o. 1860 23 AV or PO Bax Na. City,Slate,Z/P+4 Greele CO 80631 tl DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us ' E-mail Address: pgregory o co.weld.co.us Phone: (970) 353-6100, Ext. 3568 C. Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE June 6, 2008 GARY DE JOHN 1860 23 AV GREELEY CO 80631 Subject: BCV08-00091, Part of Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado Dear Mr. DeJohn: Permit number BCN-070013 has now expired and the property located at 24355 Cottonwood Lane is currently in violation of the following Sections of the Weld County Code: Section 29.3.10 "Building 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 gazebo,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 June 6,2008. 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. Si rely, 6 Peggy regooryn Building Compliance Officer pc: BCV08-00091 BCN-070013 Le Kit DEPARTMENT OF PLANNING SERVICES Building Compliance Division igi918 10th Street, Greeley, CO 80631 ID Website: www.co.weld.co.us E-mail Address: pgregory@co.weld.co.us C. Phone (970)353-610, Ext. 3568 Fax: (9770) 304-6498 COLORADO April 23, 2008 GARY DE JOHN 1860 23 AV GREELEY CO 80631 Subject: Permit# BCN-070013—Part of Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado Dear Mr. DeJohn: On October 15, 2007, you were granted an extension on the above noted permit for a gazebo at 24355 Cottonwood Lane. According to our records,that extension has expired and no further inspections have been completed and none are scheduled. 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, Art Peggy Gregory Building Compliance pc: BCN-070013 SERVICE,TEAMWORK,INTEGRITY,QUALITY Gary DeJohn 1860 23rd avenue Greeley, CO 80634 October 10, 2007 Weld County Department of Planning Services Building Compliance Division 918 10th Street Greeley, CO 80631 aCN OS RE: Permit Number 9€ e4- Address: 24355 Cottonwood Lane, Kersey, Co 80644 This letter is a request for extension of time to complete the required work to relocate the g3S the above address. 5({Zt L j Our contractor was disabled in an accident and we have been trying to find someone new to complete the project. If you have questions or concerns, please call 970-381-2652. 1 Sincerely, 0 Pa( /if • 3,111 Gary DeJohn, owner a j DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE I 918 10th Street Greeley, CO 80631 pgregory@co.weld.co.us 0 Phone: (970) 353-6100, Ext. 3568 • Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 September 14, 2007 GARY DeJOHN 1860 23 AV GREELEY CO 80631 Subject: Permit# BCN-070013— Part of Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado Dear Mr. DeJohn: This letter is to remind you that a permit to relocate the existing community gazebo at 24355 Cottonwood Lane was issued on April 18, 2007. According to our records,this permit will expire on October 18,2O07,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, Arr Peggy Gregory Building Compliance Officer pc: BCN-070013 SERVICE.TEAM WORK.INTEGRITY,QUALITY DEPPDTMENT OF BUILDING INSPECTION NORTH OFFICE 918 10 STREET (rt GREELEY, COLORADO 80631 (970) 353-6100, ext.3540 FAX (970) 304-6498 W�`p�• 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. Sou- 07(1)13 Is being issued on '/f O -7 In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on: /D /K--O 7 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: Y'k<- 'O / Relationship to Property Owner: Respectfully, �arv � Roger Vigil Chief Building Official Office Tech: !//2^ — Date: ‘k/P� cc: Building Permit File 11111111)11111111H Mai i Nil III Ilal IIII IIII 3010865 12/0312G02 02:40P Weld County,CO gi 1 0l 2 R 11.00 0 166.20 J.A."Sukl"Tsukamofo Dow WARRANTY DEED THIS DEED. Made this 20th day of November , 2002, beitP.Trand Pointe, L.L.C., A Colorado Limited Liability Company aisiickikkkekil/A/Hakbia4rakkerWicki // of the Count//y of Weld and State of Colorado grantor,and GKD, LLC, A Colorado Limited Liability Company whose Pbgdlp tdree is of the County of Weld and State of Colorado .grantee. WITNESSETIL That the grantor.for and in consideration of the sum of ONE MILLION SIX HUNDRED SIXTY TWO THOUSAND AND NO/100 DOLLARS.($1,662,000.00 ), 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. 1fFie11//1/7// A tract of land located in the East Half of Section 34, and the West Half of Section 35, all in Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, and being more particularly described as follows: Beginning at the East Quarter Corner of Section 34 and considering the east line of said section 34 to bear South 00'00'36' East and with all other --Continued-- alsakltaoabymceet and number as TOGETHER with all and singular the herediWrcnts 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 herediannents 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 ensealing 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 reetnctions of whatever kind or nature soever,except for taxes for the current year,a lien but not yet due and payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section ea[Title Review],of the contract dated November 7, 2002 between the parties. The grantor shall and witl WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable 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 nu er shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNE HEREOF,the grail° as executed this deed on the dale set forth above. /• pland Pointe, LLC By John P. Kadavy, Manager STATE OF COLORADO ss, COUNTY OF WELD The foregoing instrument was acknowledged before me this 20th day of November , 2002 by Upland Pointe, LLC A Colorado Limited Liability Company by John P. Kadavy as Manager. My Commission expires: s m hand ° Not tic WARRAM'Y oEED trw PWaapephic Record)wesurvmt Flea LR490a4B02 �111111 11 i 11111111111111 I I 1111111111111 III 1111111111111 3010865 12/03/2002 02:10P Weld County,CO 2 0l 2 R 11.00 0 166.20 J.A."Sukl"Teukamoto CONTINUATION OF LEGAL DESCRIPTION TO DEED DATED November 20, 2002 bearings contained herein being relative thereto; thence South 00'00'36" East, 36.00 feet along said East line; thence South 86'09'00" West, 711.00 feet; thence North 63'01'00" West, 339.00 feet; thence South 86'35'00" West, 86.00 feet; thence North 29'35'00" West, 52.00 feet; thence North 72'23'00" West, 112.00 feet; thence North 79'25'00" West, 99.00 feet; thence North 00'00'00" East, 318.00 feet; thence North 28'47'00" West, 80.00 feet; thence North 16'07'17" West, 70.99 feet; thence North 28'28'58" West, 264.49 feet; thence North 84'44'34" East, 506.83 feet; thence South 74'52'13" East, 1042.77 feet to a point on said East line of Section 34; thence South 74'52'13" East, 31.08 feet; Thence South 00'00'36" East, 651.18 feet; thence South 86'09'00" West, 30.07 feet to the true point of beginning, being that parcel of land shown on Change of Zone map recorded August 29, 2002 at Reception No. 2982962, County of Weld, State of Colorado. 6{Yd9Y/I'll I'PMYIII9YYIMIVOIY/4YNYOY/Bl/4Y7Y 199/49ORIY l AiMiliY/f9/01191//9YsYY ON974Y9(99/lI Hi.N LR69ar4E0 ;r :: }i s . r , III "'ll 11 # t 4 2 . 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O J y f5 s a ' tm .L7UNW NU 9 I- .4:-.1K-1;)e.1.O ;�ata � - 'i y q ft dk iatil 4 'en C N O ❑ ❑ fi 34„r u' y ,`3^^ ,"ii '"r r r: .0 O r O V Z 0* s S Ei m.' ;fi 0 ! :: 3 co 01 6 :D 0'f `S Q 4. tarsi Q 7 q j t 0 tl. Q = } Q d O N N J 3 O O ,J....,'� il� L.I,..: A...L�,�. ml LL • Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Gary DeJohn Violation Number: BCV08-00091 Permit Number: BCN-070013 Address: 24355 Cottonwood Lane Legal: Open space, Cottonwood Falls PUD Location: West of and adjacent to County Road 69, North of County Road 50 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 0959-34-1-01-014 Acres: 4.62 Certified mail date: August 19, 2008 Received: Currently the property is in violation of: Chapter 29, Article III, Section 29-3-10 "Building permit required." Chapter 29, Article VIII, Section 29-8-40 "Expiration of permit." REMEDY To bring the property into compliance a permit application and all applicable documentation shall be submitted for the gazebo, fees paid, the permit issued, and all inspections completed. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as Mr. DeJohn is well aware of the violation and a permit application has not been submitted. CASE HISTORY September 14, 2007 Letter to advise permit will expire on October 18, 2007. October 10, 2007 180-day extension request received. October 15, 2007 Extension approved by Bryon Horgen. April 23, 2008 10-day letter to advise extension has expired. May 6, 2008 Phone message from Mr. DeJohn, inspection scheduled for May 9, 2008, then cancelled. May 12, 2008 Phone call from Mr. DeJohn, he states he will be done by May 16, 2008. June 6, 2008 14-day violation letter to get new permit. August 19, 2008 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. (I II.149h DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us I E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 CFax: (970) 304-6498 COLORADO August 19, 2008 GARY DE JOHN 1860 23 AV GREELEY CO 80631 Subject: BVC08-00091, Part of Section 34, T5N, R63W, of the 6th P.M., Weld County, Colorado Dear Mr. DeJohn: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 9, 2008, at 10:00 a.m., to consider the violations. The property is in violation of the following Section(s) of the Weld County Code: Section 29-3-10 "Building permit required." Section 29-8-40 "Expiration of permit" To bring your property into compliance: A permit application and all applicable documentation shall be submitted for the gazebo,fees paid, the permit issued, and all inspections completed. This meeting will take place in 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 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 have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. Sincerely, Peggy Gregory Building Compliance Officer pc: BCV08-00091 U.S. Postal Service, — CERTIFIED MAIL, RECEIPT `n (Domestic Mail Only;No Insurance Coverage Provided) n '� F•r•elivery inf.rmatl•nvisit urwe•slteatwww.tle•a.C•m© 4 I' m i ,a I r r# try, i3 to Postage $ Certified Fee Postmark 0 Return Receipt Fee - Here O (EndorsementR R Required) p Restricted Delivery Fee (Endorsement Required) a r-R Total Postage d Fees O Sent To r` or POBoxNo or Po Box No 1860 23 AV . Gay,State,zir+a Greele CO 80631 (it 6 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 DPhone: (970) 353-6100, Ext. 3568 C. Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE June 6, 2008 GARY DE JOHN 1860 23 AV GREELEY CO 80631 Subject: BCV08-00091, Part of Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado Dear Mr. DeJohn: Permit number BCN-070013 has now expired and the property located at 24355 Cottonwood Lane is currently in violation of the following Sections of the Weld County Code: Section 29.3-10 "Building 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 gazebo,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 June 6,2008. 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. Si rely, �/ Peggy regooryetkar Building Compliance Officer pc: BCV08-00091 BCN-070013 Kik DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us C E-mail Address: pgregory@co.weld.co.us Phone (970) 353-6100, Ext. 3568 Fax: (9(970) 304-6498 COLORADO April 23, 2008 GARY DE JOHN 1860 23 AV GREELEY CO 80631 Subject: Permit#BCN-070013—Part of Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado Dear Mr. DeJohn: On October 15, 2007, you were granted an extension on the above noted permit for a gazebo at 24355 Cottonwood Lane. According to our records,that extension has expired and no further inspections have been completed and none are scheduled. 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, / Art Peggy Gregory Building Compliance pc: BCN-070013 SERVICE.TEAM WORK,INTEGRITY.QUALITY Gary Delohn 1860 23rd avenue Greeley, CO 80634 October 10, 2007 Weld County Department of Planning Services Building Compliance Division 918 10th Street Greeley, CO 80631 RE: Permit Number BE43- Address: 24355 Cottonwood Lane, Kersey, Co 80644 This letter is a request for extension of time to complete the required work to relocate the at the above address. 5ozr Our contractor was disabled in an accident and we have been trying to find someone new to complete the project. If you have questions or concerns, please call 970-381-2652. Sincerely, 0 W1/41 i5 �� tikt• 341r Gary Delohn, owner a ly DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE ' 918 10th Street Greeley, CO 80631 pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 • Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 September 14, 2007 GARY DeJOHN 1860 23 AV GREELEY CO 80631 Subject: Permit# BCN-070013— Part of Section 34, T5N, R63W of the 6th P.M., Weld County, Colorado Dear Mr. DeJohn: This letter is to remind you that a permit to relocate the existing community gazebo at 24355 Cottonwood Lane was issued on April 18, 2007. According to our records,this permit will expire on October 18,2O07,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, ar,„ Peggy Gregory Building Compliance Officer pc: BCN-070013 SERVICE,TEAMWORK.INTEGRITY,QUALITY t75 :1 DEPP°TMENT OF BUILDING INSPECTION NORTH OFFICE 918 10 STREET GREELEY, COLORADO 80631 (970) 353-6100, ext.3540 WIDc. 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. €u U- (j`7CY)( 2) Is being issued on 4 /f5 In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on: /K—t 7 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: 1/-0-0 Relationship to Property Owner: Respectfully, Roger Vigil Chief Building Official Office Tech: Date: " 2/ G� cc: Building Permit File 111111111111 11111 I I 1111111111111 III 111111111 I I I I 3010865 12/03/2002 02:40P Weld County,CO 6� of 2 R 11.00 D 166.20 J.A."Sikkim Tsukamoto WARRANTY DEED THIS DEED. Made this 20th day of November , 2002, be[te P and Pointe, L.L.C., A Colorado Limited Liability Company a✓/o(�AtentiaJN.l: /MtkW✓AWE of the County of Weld and State of Colorado • grantor.and GKD, LLC, A Colorado Limited Liability Company Whose Qlegiladdrdss is of the County of Weld and Slate of Colorado ,grantee: WITNESSETH.That the grantor.for and in consideration of the sum of ONE MILLION SIX HUNDRED SIXTY TWO THOUSAND AND NO/100 DOLLARS,($1,662,000.00 ), 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, sftma ,lying and being in the County of Weld .and State of Colorado. described as follows. A tract of land located in the East Half of Section 34, and the West Half of Section 35, all in Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, and being more particularly described as follows: Beginning at the East Quarter Corner of Section 34 and considering the east line of said section 34 to bear South 00'00'36" East and with all other --Cont inued-- alsoluftwibrentel and number as TOGETHER with all and singular the hereditament and appurtenances[hereunto belonging,or of 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 hereditatnents and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee.Ins 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 caseating 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.Mt power and lawful authority to giant,bargain,sell and convey the sans 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 restnctions of whatever kind or nature soever,except for taxes for the current year,a lien but not yet due and payable,and these specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a[Title Review],of the contract dated November 7, 2002 ,between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable 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 nu er shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNE HEREOF,the grant° as executed this deed on the date set forth above. /• Aland Pointe, LLC By John P. Kadavy, Manager STATE OF COLORADO )55. COUNTY OF WELD The foregoing instrument was acknowledged before me this 20th day of November , 2002 by Upland Pointe, LLC A Colorado Limited Liability Company by John P. Kadavy as Manager. My Commission expires: *an a gioynto. No tic WARRANTY DEED nor Photographic Record)batch Fie M LR69084602 MOM 1111 3131111 I I 1111111111111 NONE I I I I 3010966 12/0312002 02:I0P Weld County,CO 2 al 2 R 11.00 0 166.20 J.A."Saki"Isukamoto CONTINUATION OF LEGAL DESCRIPTION TO DEED DATED November 20, 2002 bearings contained herein being relative thereto; thence South 00'00'36" East, 36.00 feet along said East line; thence South 86'09'00" West, 711.00 feet; thence North 63'01'00" West, 339.00 feet; thence South 86'35'00" West, 86.00 feet; thence North 29'35'00" West, 52.00 feet; thence North 72'23'00" West, 112.00 feet; thence North 79'25'00" West, 99.00 feet; thence North 00'00'00" East, 318.00 feet; thence North 28'47'00" West, 80.00 feet; thence North 16'07'17" West, 70.99 feet; thence North 28'28'58" West, 264.49 feet; thence North 84'44'34" East, 506.83 feet; thence South 74'52'13" East, 1042.77 feet to a point on said East line of Section 34; thence South 74'52'13" East, 31.08 feet; Thence South 00'00'36' East, 651.18 feet; thence South 86'09'00" West, 30.07 feet to the true point of beginning, being that parcel of land shown on Change of Zone map recorded August 29, 2002 at Reception No. 2982962, County of Weld, State of Colorado. 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