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Home My WebLink About20083164.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION BCV#0800144 AGAINST RYAN HARDING 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, Ryan Harding, BCV #0800144, 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 December, 2008,a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Ryan Harding 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 Ryan Harding 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. 2008-3164 PL0824 VIOLATIONS - BCV#0800144 - RYAN HARDING PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D., 2008. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:Biel / ,%. E IL`s`` C<William H. Jerke, Chair Weld County Clerk to th�:o4" -` 1861. v3 �9 EXCUSED Lfr, t I Robert D sden Pro-Tem BY: �- ° •Eu' .rr .� q7 r Deputy Clerk to the B' u) Et*' m F. Garcia 'ROC-ED A M: David E. Long ounty Attorney Douglas demacher Date of signature: ia4-24' 2008-3164 PL0824 Violation Summary Report BASIC INFORMATION HARDING RYAN T & 13069 CR 40 PLATTEVILLE, CO 80651-8526 Tenant: Compliance Officer: Peggy Gregory Violation Number: BCV08-00144 Situs Address: 13069 CR 40 Legal: PT 29-4-66 LOT C REC EXEMPT RE-4022 (.29R) SITUS: 13069 40 CR WELD 000000000 Location: Location North of and adjacent to County Road 40, East of Highway 60 North Agricultural property South Agricultural property East Agricultural property West Agricultural property Parcel Number: 105729300029-R3600905 Acreage: 4.99 Certified Mail Date: 11/07/2008 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.) 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 to complete inspections on the interior finish of the pole barn, fees paid, the permit issued, and all inspections completed. RECOMMENDATION Staff recommends this case be referred to the County Attorney for immediate action as this is the second permit that has expired for an interior finish of an existing pole barn. • LETTER HISTORY 10/17/2008 Complaint Validated 10/17/2008 LTTR: Violation Notice 11/07/2008 LTTR: Hearing Notification OTHER CASE HISTORY 2008-3164 (lit L3/4%.***>:, DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 C. Fax: (970) 304-6498 lingCOLORADO November 7, 2008 RYAN T and CARLA R HARDING 13069 CR 40 PLATTEVILLE CO 80651 Subject: BCV08-00144, Part of the Section 29, T4N, R66W, of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Harding: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on December 9, 2008, at 10:00 a.m. The property is 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 your property into compliance: A permit application and all applicable documentation shall be submitted to complete the inspections on the interior finish of the pole barn, 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. Sin rely, (5) Peg/LI:tory " Building Compliance Officer pc: BCVO8-00144 SERVICE,TEAMWORK, INTEGRITY,QUALITY Kit- Ifse\ Le... :.N: DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO el 80631 Website: www.co.weld.co.us E-mail Address: pgreoory(o'�co.weld.co.us "lip Phone: (970) 353-6100, Ext. 3568 CFax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE October 17, 2008 RYAN T and CARLA R HARDING 13069 CR 40 PLATTEVILLE CO 80651 Subject: BCV08-00144, Part of Section 29, T4N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Harding: Permit number BCR08-00589 has now expired and the property located at 13069 County Road 40 is currently in violation of the following Section 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 to complete inspections on the interior finish of the pole barn,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 November 25, 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. Sin l Y, -Wei Art Peggy Ufegory Building Compliance Officer pc: BCV08-00144 BCR08-00589 (it Les.'si. DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 ' Website: www,co.weld,co.us E-mail Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO September 10, 2008 RYAN T and CARLA R HARDING 13069 CR 40 PLATTEVILLE CO 80651 Subject: Permit#BCR08-00589— Part of Section 29, T4N, R66W of the 6`h P.M., Weld County, Colorado Dear Mr. and Mrs. Harding: This letter is to remind you that a permit to complete inspections on the interior finish of the pole barn at 13069 County Road 40 was issued on July 10, 2008. According to our records, this permit will expire on October 8, 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,TRAM WORK,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, QM latifewt Peggy Gregory Building Compliance Officer pc: BCR08-00589 SERVICE TEAMWORK,INTEGRITY,QUALITY (ita DEPA' VIENT OF BUILDING INSPECTION NORTH OFFICE 918 10 STREET GREELEY, COLORADO 80631 (97O) 353-6100, ext.3540 FAX (970) 304-6498 SOUTH OFFICE 4209 CR 24.5 COLORADO LONGMONT, COLORADO 80504 (72O)652-4210, ext.8730 FAX (720)652-4211 BUILDING PERMIT EXPIRATION Building permit no. &eo c 3U"1 Is being issued on 017 /0' UU In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on: lc" (SI Og 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: Relationship to Property Owner: Respectfully, gc7v Roger Vigil Chief Building Official Office TechaIC/`' -- Date: 0 l I6,OS cc: Building Permit File 11111111111 HIII 111111111111 IIlI 111111 HI IIII 1111 3339121 11/10/2005 11:37A Weld County, CO 1 of 2 R 11.00 D 4.50 Steve Moreno Clerk 8 Recorder 121 WHEN RECORDED RETURN TO: Name: Ryan T. Harding Address: 11585 Weld County Road 32 I'2 Platteville, CO 80651 WARRANTY DEED THIS DEED,made this 4th day of November, 2005, between Robert W iedeman and Esther Wiedeman whose legal address is 20120 Weld County Road 31, LaSalle CO 80645, grantor, and Ryan T. Harding and Carla R. Harding whose legal address is 11585 Weld County Road 32 1/2, Platteville, CO 80651, grantee: WITNESS, that the grantor, for and in consideration of the sum of$45,000.00, 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 grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the said County of Weld Weld and State of Colorado described as follows: Lot C of Recorded Exemption No. 1057-29-2-RE-4022 according to map recorded March 14, 2005 at Reception No. 3268337,being a part of Section 29, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as: Vacant Land , CO TOGETHER with all and singular the hereditaments and appurtenances thereto 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 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 File Number: 20056583.(•-2-UPDATE.AMEND LEGAL Stewart line of t an men County C {a/ T �'�C p Warranty Deed-Joint Tenants(Individual) J rr i C Page I of 2 '7 Q_ooCC 3 111111 1111111111111111111111 iiII 111111 III 11111 IIII IIII 3339121 11/10/2005 11:37A Weld County, CO 2 of 2 R 11.00 D 4.50 Steve Moreno Clerk& Recorder 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 or nature soever, except General taxes for the year 2005 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) In accordance with Section 8a(Title Review) of the Contract to Buy and Sell Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee has actual knowledge and which were accepted by Grantee(s) in accordance with Section Sb (Matters not shown by the Public Records) and Section 8c (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property, inclusion of the property within any special tax district; and, the benefit and burdens of any declaration and party wall agreements, if any. 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 deed_ on the date set forth above. �./ .�/camt ) ( Robert Wiedeman Esther Wiedeman STATE OF Colorado COUNTY OF Weld The foregoing instrument was acknowledged before me this 4th day of November, 2005, by Robert Wiedeman and Esther Wiedeman My com ssion expires /.72/1.O4 • Witness my hand and official seal. (7 (7 , Not ublic: `° AUBLlG, •-, CF CGl File Number 2011565H3-C-2-UPDATE',AMEND LEGAL Stewart l die of brinier County Warranty Deed-Joint Tenants(Indisiduai) Page 2 of 2 Hello