HomeMy WebLinkAbout20081026.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST SHAUN HAFLEY 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, Shaun Hafley, BCV #0701078, 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 April, 2008, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Shaun Hafley 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 May 8, 2008, to allow adequate time for the property owner to submit the
appropriate permits to allow the mobile home to remain on the property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that BCV#0701078 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Shaun Hafley 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 May 8, 2008, to allow adequate time for the property owner to submit the
appropriate permits needed to allow the mobile home to remain on the property.
2008-1026
PL0824
oN-694-o8
VIOLATIONS - BCV#0701078 - SHAUN HAFLEY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
�L WELD COUNTY, COLORADO
ATTEST: is ®g ' / 4
's, °' it .V m H. Jerke, Chair
MI t�, j
Weld County Clerk to th oa V ;,,
E 1 ► � � l
''`N Rob rt DAM. =.en, ro-Tem
'
BY: ittA 4 J7)4 . 1 (� , __
De ty Cle to the Boardu
Gilliam F. Garcia
AP OVED EXCUSED
/ David E. Long
unty Attorney �
/ Douglas Do Rademach r
Date of signature: l'fI all0�
2008-1026
PL0824
Violation Summary Report
BASIC INFORMATION
HAFLEY SHAUN C 24921 HWY 263 GREELEY, CO 80631-9720
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV07-01078
Situs Address: 24921 HWY 263
Legal: 8985A PT NE4 6 5 64 BEG AT SE COR S89D53'W 251' N468' S54D07'E
310.28' TO E LN NE4 S286' TO BEG (2.172A)%24921 HWY 263% 24921
60.5 CR WELD 00000
Location: Location The Northwest corner of Highway 263 and County Road
51
North Agricultural property
South Agricultural property
East Agricultural property
West Agricultural property
Parcel Number: 096306000004-R4085786 Acreage: 2.83
Certified Mail Date: 11/29/2007
04/02/2008
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.
23-4-180"Temporary use during medical hardship."
REMEDY
Building and zoning permits shall be submitted for the mobile home on the property.
RECOMMENDATION
Staff recommends this case be referred to the County Attorney for immediate action as the mobile
home is on site without building or zoning permits.
LETTER HISTORY
09/28/2007 Complaint Validated
09/28/2007 LTTR: Violation Notice
11/29/2007 LTTR: Hearing Notification
03/13/2008 Remanded Back
04/02/2008 LTTR: Hearing Notification
OTHER CASE HISTORY
08/17/2007 Property Inspected APPLY FOR PERMITS FOR MOBILE HOME ON SITE
WITHIN FIVE WORKING DAYS.
08/24/2007 Office Visit PICKED UP APPLICATION FOR MOBILE HOME
PERMIT AND MEDICAL HARDSHIP CHECKLISST
11/29/2007 Property Inspected MOBILE HOME STILL ON SITE
03/10/2008 Property Inspected MOBILE HOME STILL ON SITE
04/02/2008 Phone Call Left message for Mr. Hafley to call me.
2008-1026
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street
CO
Greeley, C 80631
Website: WWW.CO.WELD.CO.US
Email Address: pgregory@co.weld.co.u:
Phone Number: 970-353-6100 x 8
"lige Fax Number: 970-304-6498
SOUTHWEST OFFICE
COLORADO 4209 CR 24.5
COLORADO JJ7J Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
March 13, 2008
HAFLEY SHAUN C
24921 HWY 263
GREELEY, CO 80631-9720
Legal Description: BCV07-01078
8985A PT NE4 6 5 64 BEG AT SE COR S89D53'W 251' N468' S54D07'E 310.28' TO E LN NE4
S286'TO BEG (2.172A)%24921 HWY 263% 24921 60.5 CR WELD 00000
Dear HAFLEY SHAUN C
The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of
County Commissiners on:
04/08/2008 10:00 AM
to consider the violations. The property is in violation of the following Section(s) of the Weld County Code:
29-7-10"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.
23-4-180"Temporary accessory use during medical hardship."
To bring your property into compliance with the Weld County Code:
Building and zoning permits shall be submitted for the mobile home on the property.
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 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.
Sincerely,
Peggy Gregory
Building Compliance Officer
pc: BCV07-01078
•
U.S. Postal Services.,
CERTIFIED MAIL, RECEIPT
N (Domestic Mail.Only;No Insurance Coverage Provided)
F r•elivery int•rmati.n visit .urwe•site atwww.us•s.c•m�a
ru Pi iff ' -C- L . ! USE
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Postage $
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(Endorsement Required)
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Restricted Delivery Fee
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Total Postage&Fees
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IM Sent To
C Shaun C Haf ley
-Street,Apt Na.;
or PO Sox No. 24921 HWY 263
City,Stare,ZIP+4
Greele CO 80631
SEN�E': C�M•LETETHISSECTI•N C•M•LETETHISSECTI•N •N •ELIVE•V
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X ' - ❑Agent
IN Print your name and address on the reverse ' - �- - O Addressee
so that we can return the card to you. B. Rec-' ed • 1 Panted Name) Date of De
■ Attach this card to the back of the mailpiece, /C 1��, �.- L.1
or on the front if space permits.
D. Is delivery address different from item 1? O Yes
1. Article Addressed to: If YES,enter delivery address below: O No
SHAUN C HAFLEY
24921 HWY 263
GREELEY CO 80631
3. Service Type
Kl Certified Mail O Express Mail
O Registered ❑Return Receipt for Merchandise
O Insured Mail O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7005 1820 0003 5225 4745
(Transfer from service tat,
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
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DE .RTMENT OF PLANNING SERVICE
fl} Building Compliance Divisior
S , NORTH OFFICE
918 COhS
Greeley, C 80631631 Website: WWW.CO.WELD.CO.UE
Email Address: pgregory@co.weld.co.w
Phone Number: 970-353-6100 x356£
Fax Number: 970-304-649E
SOUTHWEST OFFICE
COLORADO
�,y DO 4209 CR 24.E
LLJi,AJ ti1JV Longmont, CO 80504
Phone: (720) 652-4210, Ext 873C
Fax: (720) 652-4211
November 29, 2007
HAFLEY SHAUN C
24921 HWY 263
GREELEY, CO 80631-9720
Legal Description: BCV07-01078
8985A PT NE4 6 5 64 BEG AT SE COR S89D53'W 251' N468' S54D07'E 310.28' TO E LN NE4
S286' TO BEG (2.172A)%24921 HWY 263% 24921 60.5 CR WELD 00000
Dear: HAFLEY SHAUN C
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:
29-7-10"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.
23-4-180 "Temporary accessory use during medical hardship."
To bring your property into compliance with the Weld County Code:
Building and zoning permits shall be submitted for the mobile home on the property.
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.6P2M U
gar
Peggy Gregory
Building Compliance Officer
pc: BCV07-01078
U.S. Postal Service,'
rr CERTIFIED MAIL., RECEIPT
ri.l (Domestic Mail Only;No Insurance Coverage Provided)
f1J F r•silvery inf rmati•n visit•ur we•site at www.us• m�
" = 'ip
fr1 i ) so/ a f « ,.,,r
if
Postage $
ri Certified Fee
Postmark
Receipt Fee Here
(Endorsement Rceip Fee
red)
O Restricted Delivery Required)
q Fee -
0▪ (Endorsement u e e
ra
ra Total Postage&Fees $
u l
En Sentro
o Shaun G Hafley
P- Street,Apt No.;
or PO Box No. 24921 HWY 263
City,State,ZIP.4
Greele CO 80631
rifor
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
O Fax: (970) 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
September 28, 2007
SHAUN C HAFLEY
24921 HWY 263
GREELEY CO 80631
Subject: BCV07-01078, Part of the NE4 of Section 6, T5N, R64W of the 6th P.M., Weld County, Colorado
Dear Mr. Hafley:
It has been determined that the property located at 24921 Highway 263 is currently in violation of the following
Sections of the Weld County Code:
Chapter 29,Article III "Mobile,Manufactured or Factory-Built Home Permits
Section 29-7-10 "Permit required?
Chapter 23,Article IV, Division 3 "Mobile Homes and Manufactured Structures
Section 23-4-180 "Temporary accessory use during medical hardship."
To bring your property into compliance with the Weld County Code:
A zoning permit and building permit shalt be obtained for the mobile home on site.
It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,
we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from
September 28, 2007, to correct this building violation. Failure to do so will result in this office scheduling the
violation before the Board of County Commissioners to consider whether to refer the violation 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.
S
Art
Peggy Gregory
Building Compliance Officer
pc: BCV07-01078
Ann Siron, Zoning Compliance Officer
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R4085786 Parcel#: 096306000004
Tax Area: 0684 Bordering County:
Acres: 2.17
Township Range Section Quart.Sec. Subdivison Name Block# Lot#
05 - 64 - 06 - 0 - -
Owners Name&Address: Property Address:
HAFLEY SHAUN C Street: 24921 60.5 CR
24921 HWY 263 City: WELD
GREELEY, CO 80631-9720
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
4/28/2000 $166,500 WD 2765195
Legal Description
8985A PT NE4 6 5 64 BEG AT SE COR S89D53'W 251' N468' 554D07'E 310.28'TO E LN NE4 5286'TO BEG (2.172A)%24921
HWY 263% 24921 60.5 CR WELD 00000
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Residential 1112 Acres 2.17
Land Subtotal: 2.17 $47,740 $3,800
Buildings Valuation Summary
Assessed
Bldg# Property Type Actual Value Value
1 Residential
Improvements Subtotal: $181,644 $14,460
Total Property Value $229,384 $18,260
Building Details
Account#: R4085786 Parcel#: 096306000004
Owners Name &Address: Property Address:
HAFLEY SHAUN C Street: 24921 60.5 CR
24921 HWY 263 City: WELD
GREELEY, CO 80631-9720
Building# Property Type
1 Residential
Individual Built As Detail
Built As: Split Level Year Built: 1964
Exterior: Frame Masonry Veneer HVAC: Forced Air
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=0963... 09/25/2007
Identify Results Page 2 of 2
Interior Finish: Plaster Built As SQ Ft: 2046
# of Baths: 2 Roof Type:
# of Bdrms: 3 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 6 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft: 520
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=0963... 09/25/2007
111110 1N1 HIM 1111 Ira 1111E III 1111111111E
2765195 05/01/2000 04:30P a Sold Taukamoto
1 of 2 R 10.00 0 16,66 Weld County CO
WARRANTY DEED
THIS DEED, Made this 28th day of April , 2000, j/n/V-f/f/C//\Y1 ('t�
between Dallas Kramer Baker and Pauline Marie Baker )ta'1'-[ti1U1?lJ
of the County of Weld and State of Colorado
grantor.and Shaun C. Haf ley
whose legal addresses 24921 Highway 263, Fort Collins, CO 80525
of the County of Weld and State of Colorado ,grantee:
WITNESSETH,That the grantor,for and in consideration of the turn of ONE HUNDRED SIXTY SIX THOUSAND
FIVE HUNDRED AND NO/100
DOLLARS.(3166,500.00 ),
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:
See Exhibit 'A' attached hereto and incorporated herein.
alsoknowh by.street and number as 24921 Highway 263, Greeley, CO 80631-9720
TOGETHER with all and singular the heredilaments 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 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,hen well
seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in
tee 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 for taxes for the current year,a lien but not yet due or
payable,easements,restrictions,reservations,covenants and rights-of-way of record If any.
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 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.
• Dallas Kramer Baker Pauline Marie Braker
•
STATE OF COLORADO
COUNTY OF WELD ....
.-.....
The foregoing instrument was acknowledged he !this 28 y of April , 2000 by
Dallas Kramer Baker and Pauli 14aris rt.
•
41 to :Y
My Commission expires: July 15, 2001 JET .'a s� d ffim�seal. �
eria
Notary Pub w
Carrie Walker
WARRANTY DEED(for Photographic Rasnrd)laasuamo) Pik a U01449eAen
AIM 111111111111 IIII 1111111111111111������������IIII
2765195 05/01/2000 04:30P JA Suki Tsukamoto
2 of 2 R 10.00 0 16.65 Weld County CO
24921 Highway 263
LEGAL DESCRIPTION OF DEED DATED
April 2B, 2000
All that part of the Southeast Quarter of the Northeast Quarter of Section 6 in
Township 5 North, Range 64 West of the 6th P.M., in Weld County, Colorado,
more particularly described as follows: Beginning at the Southeast corner of
said Northeast Quarter and considering the East line of said Northeast Quarter
to bear South 00'00'00" West and with all other bearings contained herein
relative thereto; Thence South 89 53'10" West along the South line of said
Northeast Quarter a distance of 251.00 feet; Thence North 00'00'00" East and
parallel to the East line of said Northeast Quarter a distance of 468.00 feet;
Thence South 54'07'40• East 310.28 feet to a point on the East line of said
Northeast Quarter, said point being 286.00 feet North of the Southeast corner
thereof; Thence South 00'00'00' West 286.00 feet to the Point of beginning.
County of Weld, State of Colorado
File N OO2N90A00
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