HomeMy WebLinkAbout20080167.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
BCV #0701085 AGAINST AVALON HOMES, LLC, 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, Avalon Homes, LLC, BCV #0701085, are 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 January, 2008, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,Avalon Homes, LLC,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 refer said violation back to the Department of
Planning Services to verify ownership of the property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that BCV #0701085 against Avalon Homes, LLC, be and hereby is, referred
back to the Department of Planning Services.
2008-0167
PL0824
C(+ ', PL , 6'/0c. oi - 3O_Oa-
VIOLATIONS - BCV#0701085 -AVALON HOMES, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of January, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
N I I. `WELD COUNTY, COLORADO
.../
ATTEST: al, c _:: '✓+, C- ' ' -'
a,• illiam H. Jerke, Chair
Weld County Clerk to the + .• +
XCUSED
Robert D. Masden, Pro-Tem thal BY:
De ty Cle to the Boa . 6(12/ V Z
Willi Garcia (�
APPROVE�AS • G ` 1\
avid E. Long
unty Attorney ���\��. T•f't�VW
Dougla€Rademacher v
Date of signature: I iaak
2008-0167
PL0824
Violation Summary Report
BASIC INFORMATION
AVALON HOMES LLC 506 W 66 ST LOVELAND, CO 80538
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV07-01085
Situs Address: 37256 CR 65
Legal: PT N2NW4 28-7-63 LOT A REC EXEMPT RE-4432 SITUS: WELD
000000000
Location: Location East of and adjacent to County Road 65, 3/4 mile South
of County Road 78
North Agricultural property
South Agricultural property
East Agricultural property
West Agricultural property
Parcel Number: 071328300018-R4479706 Acreage: 4.98
Certified Mail Date: 11/28/2007
Currently the property is in violation of:
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.)
REMEDY
A permit application and all applicable documentation shall be submitted for the new single family
dwelling, all fees paid, the permit issued, and all insepctions completed.
RECOMMENDATION
Planning staff recommends this case be referred to the County Attorney for immediate action as there
has been no response from my correspondence.
LETTER HISTORY
10/04/2007 Complaint Validated
10/04/2007 LTTR: Violation Notice
11/28/2007 LTTR: Hearing Notification
OTHER CASE HISTORY
04/09/2007 Office Visit QUIT CLAIM DEED RECORDED FROM GEMM HOMES
LLC TO AVALON HOMES LLC (SAME ADDRESS)
09/25/2007 Phone Call PHONE CALL TO AVALON HOMES, THEY SAID THEY
KNOW NOTHING ABOUT THIS, GAVE ME GREG
ROWLISON"S NUMBER. I THEN CALLED HIM, HE
WILL REQUEST AN EXTENSION.
08/29/2006 Office Visit BUILDING PERMIT SUBMITTED BY GEMM HOMES LLC
09/25/2006 Office Visit BUILDING PERMIT ISSUED, SIGNED BY ANGELA
HESSON
2008-0167
DE 3TMENT OF PLANNING SERVICES
Building Compliance Division iiiirEwe\\ NORTH OFFICE
918 10th Street
Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
Email Address: pgregory@co.weld.co.us
�,• Phone Number:
Fax Number: 970-353-6100 970-304-6498
SOUTHWEST OFFICE
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
November 28, 2007
AVALON HOMES LLC
506 W 66 ST
LOVELAND, CO 80538
Legal Description: BCV07-01085
PT N2NW4 28-7-63 LOT A REC EXEMPT RE-4432 SITUS: WELD 000000000
Dear: AVALON HOMES LLC
The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of
County Commissiners on:
01/08/2008 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:
A permit application and all applicable documentation shall be submitted for the new single family
dwelling, all fees paid, the permit issued, and all insepctions completed.
This meeting will take place at the Weld County Planning Department Office, 918 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.
Peggy Gregory
Building Compliance Officer
pc: BCV07-01085
U.S. Postal.ServicelM - U;S• Postal Servicery
r CERTIFIED MAIL., RECEIPT nJ CERTIFIER: MAILr5:RECEIPT'
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Total Postage&Fees $
0 Sent To Sent To
o Avalon Homes o Angela Hessons- emm Honor& ILLC
r- Street,Apt No.; p- Street,Apt.No.;
or PO Box No. 506 W 66 ST or PO Box No. 506 W 66 ST
City,State,ZIP+4 City,State,ZIP+4
Loveland CO 80538 Loveland CO 80538
IPs:Form 3800,June 2002 See Reverse for Instructions PS Form3800,June 2002 See Reverse for Instructions
_ l
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
IN Complete items 1,2,and 3.Also complete Ai-Signature
Item 4 if Restricted Delivery is desired. ti
■ Print your name and address on the reverse 6 I 1 I !�1' A /17
so that we can return the card to you. ` " ,/ - lsee
• Attach this card to the back of the mailpiece, '� Received b P' red qName) C. Date of Delivery
or on the front if space permits. �y �P 1!t/ ��1 a ki -��i°'S�i -/
1. Article Addressed to: D. Is dally address different from item 1? 0 Ss
enter delivery address below: 0 No
Weld County Martini Deparbnent
XVALON HOMES GREELEY DFiCE
506 W 66 ST
LOVELAND CO 80538 DEC 1 2 100?
=REC Nice Type
E I V ;..zt, [fled Mall ❑Express Mail
II
t- 'egistered ❑Return Receipt for Merchandise
O Insured Mail O C.O.D.
4. Restricted Delivery?(Etta Fee) 0 Yes
2. Article Number
(Transfer from service label) 7005 1160 0001 4538 2179
PS Form 3811,February 2004 Domestic Return Receipt
102595-024A-1540
6 DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
\ jari
NORTH OFFICE
918 10th Street, Greeley, CO 80631
ige
Website: wvvw.co.weld.co.us
Address: pgrego (a)co,weld.co.us
E-mail pgregorv(Wco.weld.co.us
(970) 353-6100, Ext. 3568
Fax: (9(9 70) 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 4, 2007
ANGELA HESSON
GEMM HOMES LLC
506 W 66 ST
LOVELAND CO 80538
AVALON HOMES LLC
506 W 66 ST
LOVELAND CO 80538
Subject: BCV07-01085, Part of the N2SW4 of Section 28, T7N, R63W of the 6th P.M_ Weld County. Colorado
Permit number BCN-060352 has now expired and the property located at 37256 County Road 65 is currently in
violation of the following Section of the Weld County Code:
Section 29-3-10 "Building permit required."
To bring the property into compliance with the Weld County Code:
A permit application and all applicable documentation shall be submitted for the new single family dwelling.
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 October 4.2007. 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 Attorneys Office for legal action.
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.
Sincerely,
Atc
Peggy tregorY
Building Compliance Officer
pc: BCV07-01085
BCN-060352
rtelit
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
' 918 10th Street
Greeley, CO 80631
pgregory@co.weld.co.us
Q 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
August 24, 2007
ANGELA HESSON
GEMM HOMES LLC
506 W 66 ST
LOVELAND CO 80538
Subject: Permit#BCN-060352—Part of the N2SW4 of Section 28, T7N, R63W of the 6th P.M.,
Weld County, Colorado
Dear Ms. Hesson:
This letter is to remind you that a permit for a new single family dwelling at 37256 County Road 65 was issued
on September 25, 2006. According to our records,this permit will expire on September 25,2007, 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,
Peggy Gregory
Building Compliance Officer
pc: BCN-060352
SERVICE,TEAMWORK,INTEGRITY,QUALITY
a DEP''TMENT OF BUILDING INSPECTION
((it 4t..
NORTH OFFICE
918 1STREET
GREELEY, COLORADO 80631
I C (970) 353-6100, ext.3540
WE`D 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. t(iiA/- ô( &o
Is being issued on I ( G�
In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on:
J 7 1)r-; -
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: ' I 4L .�� 4 c_I4 Date: /�? d
r
Relationship to Property Owner:
Respectfully,
it I—C°
Roger Vigil
Chief Building Official
•
/ n
Office Te�ltj.. /Ore k"'_,I
L_-
Date: 0R ' t)'
cc: Building Permit File
447 1 11111 11111 11111 MIME 111111111111111 1111131E
3467447 04/09/2007 10:02A Weld County,CO
1 of 1 R 6.00 0 0.00 Steve Moreno Clerk&Recorder
Doc fee - Exempt
QUIT CLAIM DEED
This Deed Made this 1st day of March 2007 between
Gemm Homes,LLC,a Colorado Limited Liability Company
of the County of Larimer and State of COLORADO
grantor(s),and
°any, 4e es , I�LC, bi r! La <
whose legal address is 506 W.66i°Street,Loveland,CO 80538 CO .
of the County of LARIMER and State of COLORADO,
grantee(s),
WITNESSTH,that the grantor(s),for and in consideration of the sum of Ten and 00/100 Dollars($10.00).
The receipt and sufficiency of which is hereby confessed.acknowledged,has remised, released, sold and
QUIT CLAIMED,and by these present does remise,release,sell and QUIT CLAIM unto the grantee(s),
their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the
grantor(s)has in and to the real property,together with improvements,if any,situate,lying and being in the
said Weld,and State of Colorado described as follows:
Lot A,Recorded Exemption No.0713-28-3-RE-4432,recorded August ID,2006 at •
Reception No.3410858,being a part of Lot B of RE-2801 located in the N'V1 of the SW
'/,of Section 28,Township 7 North,Range 63 West of the 6th P.M.,
County of Weld,State of Colorado.
also known as street and number: vacant land,Galeton,CO 80622
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging,or in anywise thereunto appertaining,and all the estate,right,title,interest
and claim whatsoever,of the grantor(s),either in law or equity,to the only proper use,benefit and behoof of
the grantee(s),their heirs and assigns forever.
The singular number shall include the plural,the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF,the grantor(s)has executed this deed on the date set forth above.
Signed this 3rd day of April2007
GEMM MES, LC, COLORADO LIMITED LIABILITY COMPANY
BY: Greg ollison,Manager 7�
STATE OF COLORADO
COUNTY OF LARIMER }SS:
The foregoing instrument was acknowledged before methis 5th day of April 2007
by Greg Rollison as Manager of Gemm Homes.LLC,a Colorado Limited Liability company ct, N? '•, wit ss my hand A llK�Clldwia
;ai Si
otary Public:
/'UBU ; ,+• My commission expires: Li /-7/0.7
µy Comm:won ExPun
osmramt RETURN TO: AValon Homes LLC
506 W. 66th Street
pCo eLK-Ohdr Claim Loveland, CO 80538
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