HomeMy WebLinkAbout20080168.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST EDWARD SULLIVAN 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, Edward Sullivan, BCV#0701103, 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 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, Edward Sullivan, property owner, was present at said hearing, 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 February 8, 2008, to allow adequate time for the property owner to compete the
work needed to schedule and complete the inspections within the thirty(30)day extension on the
current building permit, to bring the subject property into compliance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that BCV#0701103 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Edward Sullivan 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 February 8, 2008, to allow adequate time for the property owner to
complete the project and to schedule and complete all inspections to bring the subject property into
compliance within the extension of the original building permit, or a new building permit must be
submitted along with all fees.
2008-0168
PL0824
i,e , IL , Woe— 0l -3a ��
VIOLATIONS - BCV#0701103 - EDWARD SULLIVAN
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
%t 1 f WELD COUNTY, COLORADO
ATTEST: iL
t illiam H. Jerke, Chair
Weld County Clerk to the i l
?gin ^> >rAXCUSED
BY:iti R Robert. D. Sv1 �Pro-Tern
De u y Cle� he Board
Willi m . Gar is
APP A
David E. Long
unty ttorney
Douglas ademacher
Date of signature:
2008-0168
PL0824
Violation Summary Report
BASIC INFORMATION
SULLIVAN EDWARD A& 1210 MILL CREEK RD BERTHOUD, CO 80513
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV07-01103
Situs Address: 1210 MILL CREEK RD
Legal: MC L4 MILL CREEK PUD SITUS: 1210 MILL CREEK DR WELD 000000000
Location: Location East of and adjacent to County Road 3, South of County
Road 40.5
North Agricultural property
South Agricultural property
East Agricultural property
West Agricultural property
Parcel Number 106129301004-R2455203 Acreage: 4.98
Certified Mail Date: 11/29/2007
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 basement finish.
RECOMMENDATION
Staff recommends this case be referred to the County Attorney for immediate action as the permit for
the basement finish has expired and a new permit has not been submitted.
LETTER HISTORY
11/09/2007 Complaint Validated
11/09/2007 LTTR: Violation Notice
11/29/2007 LTTR: Hearing Notification
OTHER CASE HISTORY
2008-0168
DE RTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE(07ii etieg. 918 10th Street
Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
vine Email Address: pgregory@co.weld.co.us
Phone Number: 970-353-6100 x3568
Fax Number: 970-3030 4-64949 8
SOUTHWEST OFFICE
COLORADO T !� 4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
November 29, 2007
SULLIVAN EDWARD A &
1210 MILL CREEK RD
BERTHOUD, CO 80513
Legal Description: BCV07-01103
MC L4 MILL CREEK PUD SITUS: 1210 MILL CREEK DR WELD 000000000
Dear: SULLIVAN EDWARD A &
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 basement finish.
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.
6P-RthgrAt
Peggy Gregory
Building Compliance Officer
pc: BCV07-01103
U.S. Postal ServiceTM
m , CERTIFIED MAILTM RECEIPT
a (Domestic Mail Only;No Insurance Coverage Provided)
nJ F reeiivery iM•rmati•n visit•ur we•site atwww.us•s.c me
E
m
In
Postage S
Certified Fee
O Postmark
Return Receipt Fee Here
(Endorsement Required)
ED Restricted Delivery Required)
-
,_D (Endorsement Reoyire e
ra
''R Total Postage 8 Fees $
In
Sent To
o Edward A and Dana J Sullivan
ti Stor PO
No.eet,Apt. 1210 Mill Creek RD
City,State,ZIP+4
Berthoud CO 80513
PS Form 3800,June 2002 See Reverse for Instructions
SEN�E': C�M'LETETHISSECTI•N C•M•LETETHISSECTI•N •N•ELIVE'Y
• Complete items 1,2,and 3.Also complete A. Signature .-
item 4 if Restricted Delivery is desired. X C_ ( r ' / O Agent
■ Print your name and address on the reverse '..-� L-,'- "" O Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece, 9/
or on the front if space permits.
D. Is delivery address different from item 1? Yes
1. Article Addressed to: If YES,enter delivery address below: O No
EDWARD A & DANA J SULLIVAN
1210 MILL G'
ligty Planning Depa ent
BERTH0UD CI' EELEY OFFICE
3. Service Type
DEC
A g 2007 I&Certified Mail CI Express Mail
Y O Registered O Return Receipt for Merchandise
O Insured Mail ❑C.O.D.
RE4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7005 1160 0001 4538 2193
(Transfer from service
PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540
i tocte ::, DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
F
NORTH OFFICE
918 10th Street, Greeley, CO 80631 vv
ww.co.weld.co.us
Website: ww.co.weld.co.us
VI II Address: pgregory(ct�co.weld.co.us
C E-mail Phone (970) 353-6100, Ext. 3568
Fax: ((970) 30 304-6498
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
November 9, 2007
EDWARD A and DIANA J SULLIVAN
1210 MILL CREEK RD
BERTHOUD CO 80513
Subject: BCV07-01103, Lot 4, Mill Creek PUD, Weld County, Colorado
Dear Mr. and Mrs. Sullivan:
Permit number BCS-060439 has now expired and the property located at 1210 Mill Creek Road 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 basement finish.
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 November 9,2007. 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 Attorney's 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.
aM
Building Compliance Officer
pc: BCV07-01103
BCS-060439
a
jot DEPARTMENT OF PLAN NING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street
111 ID 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
October 8, 2007
EDWARD A and DIANA J SULLIVAN
1210 MILL CREEK RD
BERTHOUD CO 80513
Subject: Permit# BCS-060439— Lot 4, Mill Creek PUD, Weld County, Colorado
Dear Mr. and Mrs. Sullivan:
This letter is to remind you that a permit for a basement finish at 1210 Mill Creek Road was issued on
November 8, 2006. According to our records, this permit will expire on November 8, 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,
(;)19401- "A(
Peggy Gregory
Building Compliance Officer
pc: BCS-060439
SERVICE.TEAMWORK,INTEGRITY,QUALITY
jot DEPAF 'ENT OF BUILDING INSPECTION
NORTH OFFICE
918 10 STREET
GREELEY, COLORADO 80631
(970) 353-6100, ext.3540
FAX (970)304-6498
WI W D C SOUTH OFFICE
4209 CR 24.5 24.5
COLORADO LONGMONT, COLORADO 80504
(720)652-4210, ext.8730
FAX (720)652-4211
BUILDING PERMIT EXPIRATION
Building permit no. hl_ ` ococi3
Is being issued on l �— $-O
In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on:
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: ag Date:
Relationship to Property Owner: t`y(,tf'14-1,1
Respectfully,
/Tar-A7CPCD
Roger Vigil
Chief Building Official
Office Tech:
Date: 11/ 1/Q
cc: Building Permit File
572 11111111111111111111111111111 III 1111111 III 11111 liii 1111
3281572 04/28/2005 03:52P Weld County,CO
1 of 1 R 6.00 D 53.48 Steve Moreno Clerk&Recorder
After recording return to:
Edward A.Sullivan and Diana J.Sullivan
1210 Mill Creek Road
Berthoud,CO 80513
WARRANTY DEED
This Deed,made April 25,2005
Between KDR Custom Homes Inc.,a Colorado Corporation of the County Larimer,State of
COLORADO,grantor(s)and Edward A,Sullivan and Diana J.Sullivan, as Joint Tenants whose legal
address is 1210 Mill Creek Road,Berthoud,CO 80513,County of Weld,and State of COLORADO,grantee.
WITNESS,That the grantor, for and in the consideration of the sum of FIVE HUNDRED THIRTY-FOUR
THOUSAND EIGHT HUNDRED AND 00/100 DOLLARS ($534,800.00)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,their heirs and assigns forever,all the real property together with improvements,if
any,situate,lying and being it the County of Weld, State of COLORADO described as follows:
Lot 4,AMENDED MILL CREEK PUD,
County of Weld,State of Colorado.
also known by street and number as 1210 Mill Creek Road,Berthoud,CO 80513
TOGETHER with all and singular hereditaments 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 hereditaments and appurtenances.
TO HAVE AND TO HOLD 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 meeting 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 restrictions of whatever kind of nature so ever,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 Sa(Title Review)of the contract dated September 23,2004,between the parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and
peaceable possession of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the
whole or any part thereof.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 has executed this on the date set forth above.
SELLER;
KDR Custo 1 .,a Colorado rporation
By: .1 .Evens as President l�y� "`��� •••
STATE OF COLORADO las:
COUNTY OF LARIMER
The foregoing instrument was acknowledged,subscribed and sworn to before me April 25,2005 by J.D.Evens,
President of KDR Custom Homes Inc.,a Colorado Corporation.
Witness my hand and ofcial.
NOTARY
F PP• hi-`-
•F: •: t
.�._ otary Public Margie L.Lewis
•
• PUBLIC My Commission expires:8/31/08
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WDwemaniy DeerMy Commission ExOiree 0013110/
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