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Home My WebLink About20082413.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ROBERT AND SHARON GRAUBERGER 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, Robert and Sharon Grauberger, BCV#0800105, 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 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, and WHEREAS, Robert and Sharon Grauberger were 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 October 9, 2008, to allow adequate time for staff to conduct an inspection to verify if the gas has been disconnected to bring the subject property into compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV#0800105 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Robert and Sharon Grauberger 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 October 9, 2008, to allow adequate time for staff to inspect the site and verify that the gas has been disconnected. 2008-2413 co '. PL, via - PL0824 I o10 3/08 VIOLATIONS - BCV#0800105 - ROBERT AND SHARON GRAUBERGER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D., 2008. BOARD OF COUNTY COMMISSIONERS I; i7.!,471 A- WELD COUNTY, COLORADO ATTEST: e 44:1 1. Iv . liam H. Jerke, Chair Weld County Clerk to the"pa '? (� n BY: Ax (} `61,. Robert . Mad o-Tem \. Dep Clerk t the Board WilliGarcia APP AS TO • David E. Long u t me Douglas R emacher elq Date of signature: '° Y1 2008-2413 PL0824 Violation Summary Report BASIC INFORMATION GRAUBERGER ROBERT E & SHARON /90531INT-I8ST Tenant: Compliance Officer: Peggy Gregory Violation Number: BCV08-00105 Situs Address: 33291 HWY 52 Legal: PT E2SW4 3-1-63 LOT A REC EXEMPT RE-958 (.31R) SITUS: 33323 52 HWY WELD 000000000 Location: Location North of and adjacent to Highway 52, East of County Road 67 North Agricultural property South Agricultural property East Agricultural property West Agricultural property Parcel Number: 147703000081-R1026002 Acreage: 3.84 Certified Mail Date: 08/20/2008 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 for the inspection of the gas service, fees paid, the permit issued and all inspections completed. RECOMMENDATION Staff recommends this case be referred to the County Attorney for immediate action as there has been no response from the tenant or the property owner. LETTER HISTORY 07/21/2008 Complaint Validated 07/21/2008 LTTR: Violation Notice 08/20/2008 LTTR: Hearing Notification 2008-2413 OTHER CASE HISTORY 07/09/2008 Phone Call Left message for Mathieu Taylor to call me regarding WELD COUNTY PLANNING DEPARTMENT Peggy Gregory Building Compliance Officer 918 10th St 11119 Greeley, CO 80631 O Phone: 970-353-6100 x3568 FAX: 970-304-6498 • E-Mail: pgregory@co.weld.co.us COLORADO August 20, 2008 GRAUBERGER ROBERT E & SHARON A 2/3 INT & 905 13TH ST Case: BCV08-00105 Legal Description: PT E2SW4 3-1-63 LOT A REC EXEMPT RE-958 (.31R) SITUS: 33323 52 HWY WELD 000000000 Dear: GRAUBERGER ROBERT E & SHARON A 2/3 INT & The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: 09/09/2008 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.) 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) To bring your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the inspection of the gas service, fees paid, the permit issued and all inspections completed. 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 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 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 appointment so that I may reserve a sufficient amount of time with you. Page 1 of 2 61071;;Ns\sH WELD COUNTY PLANNING DEPARTMENT Peggy Gregory Building Compliance Officer 918 10th St Greeley, CO 80631 Phone: 970-353-6100 8 E-Mail: egory@co.wed6 FAX: 970-304-6498 o.us COLORADO U.S. Postal Services, Sincerely, c CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) 1'79 rn } / ' F.r.elivery mf rmati n visit.urwe.saeatwwwus sc Cv m? rrl t i�'a II CLI 3 h 1 f rr Postage $ Peggy Gregory a Certified Fee Building Compliance Officer Postmark CI Return pc'. BCV08-00105 O (Endorsement RequireFd) - Here Restricted Delivery Fee (Endorsement Required) leg ra Total Postage&Fees $ Ln Sent To o Robert E & Sharon A Grauberger N street,Apt No.; or PO Box No. 905 13 ST City,State,ZIPt4 Whatland WY 82201 PS Form 3800,June 2002 See Reverse for Instructions Ln Sent To o Mathieu Taylor N Street,Apt.No.; PC orPeexNa. 33291 HWY 52 City,State,ZIP+4 Keenesbur CO 80643 Page 2 of 2 SENDER: COMPLETE THIS SECTION C•M•LETE THIS SECTI•N•N •ELIVE•Y • Complete items 1,2,and 3.Also complete A. Signature // ' Agent item 4 if Restricted Delivery Is desired. ��// ►�1 • Print your name and address on the reverse / .. y I:1 Addressee so that we can return the card to you. B. yeceived by Pr/ =•Name Date of Delivery • Attach this t to the back it the-mailpiece, _ �d{d /ate/de or on the front if space permits. Weld Ca �y l� from item 1? ❑ ees 1. Article Addressed to: G.-EEcey.®tonegery address below: ❑No MATHIEU TAYLOR UG 25 9nnA 33291 HWY 52 KEENESBURG CO 80643 P. CEItE© 55 Certified Mall ❑ Express Mail ❑ Registered O Return Receipt for Merchandise ❑Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 1160 0001 4539 1645 (Transfer from service lab( PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete Items 1,2,and 3.Also complete , A. Signature , item 4 if Restricted Delivery is desired. Agent , • Print your name and address on the reverse (nJ17070/1 / ddressee so that we can return the card to you. B,, a?cceved by(Prip�ed Name C of elivery ■ Attach this card to the back of the mailpiece, I��r(Prig/dame or on the front if space permits. J11�� ABU. Weld County via tiggl�SSdiifferenthtm 1? Yes Article Addressed to: GREELE O�'rTLt enter delivery address below: O No ROBERT E & SHARON A GRAUBERGER AIIG 6 9nn6 905 13 ST REC ��o WHEATLAND WY 82201 i• De fCertifled Mail O Express Mail O Registered O Retum Receipt for Merchandise ❑Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1160 0001 4539 1638 (Transfer from service label) PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540 6 DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us ' E-mail Address: pgregorveco.weld.co.us WI C Phone: (970) 353-6100, Ext. 3568 O Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE July21, 2008 ROBERT E and SHARON A GRAUBERGER 90513 ST WHEATLAND WY 82201 MATHIEU TAYLOR 33291 HWY 52 KEENESBURG CO 80643 Subject: BCV08-00264, Part of the E2SW4 of Section 3, Ti N, R63W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Grauberger: Permit number BCR08-00264 has now expired and the property located at 33291 Highway 52 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 for inspection of the gas service,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 July 21,2008. 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. inc rely, Pe•gy regory rer Building Compliance Officer pc: BCV08-00105 BCR08-00264 Lee. DEPARTMENT OF PLANNING SERVICES Building Compliance Division 918 10th Street, Greeley, CO 80631 Website:www.co.weld.co.us Address: pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 CE-mail Fax: (970) 304-6498 COLORADO June 9, 2008 ROBERT E and SHARON A GRAUBERGER 905 13 ST WHEATLAND WY 82201 MATHIEU TAYLOR 33291 HWY 52 KEENESBURG CO 80643 Subject: Permit# BCR08-00264—Part of the E2SW4 of Section 3, T1N, R63W of the 6'" P.M., Weld County, Colorado Dear Mr. and Mrs. Grauberger: This letter is to remind you that a permit for an inspection of the gas service which was required by the utility company at 33291 Highway 52 was issued on April 10,2008. According to our records,this permit will expire on July 9, 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. SERVICE.TEAMWORK.INTEGRITY.QUALIFY page two 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. 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, 02e Peggy Gregory Building Compliance Officer pc: BCR08-00264 SERVICE.TEAMWORK,INTEGRITY.QUALITY -Ctr, DEPAR ENT OF BUILDING INSPECTION NORTH OFFICE 918 10 STREET GREELEY, COLORADO 80631 (970) 353-6100, ext.3540 FAX (970) 304-6498 W� Ci 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. ie-!/d od e,a Is being issued on 4/./0 -0,1 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: Date: Relationship to Property Owner: Respectfully, „Fr/ Bryon Horgan Chief Building Official Office Tech: Date: cc: Building Permit File B 1369 AEC 02321115 02/08/93 16:31 $5.00 1/001 AR2321115 F 2159 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO c�-`Spec al GYarranty4Deed - THIS DEED is a cdnweyence of the rW propeny deaenDed below,including any improvements ions otter appurtenances Itne "property')from Ina individual's),corporubntU.partnamrdpf),oroiherenlityhn)named below at GRANTOR to the lndia duallsl or entlfylMsi named below as GRANTEE. The GRANTOR hereby tells and conveys the property to the GRANTEE.and the GRANTOR warrants the title against all persons claiming under the GRANTOR.except for any particular mamas described 6010w under"AOCinonti Warranty Exceptions,"arm as- cop!idt any of the following miners established by the GRANTOR and evidenced by recorded document: easements,rig hte-of- way,mineral gratis,mineral teases,and proleCtNo Conyenandl and restrictions.The GRANTOR does not warrant against the hen 01 the general property tae(for Inc year of mil Deed. The Specific Terms of This Deed Arr, Grantor. cowl nameltl and owns l 01 recant.It the noon of the ownar.prntor it lemma in this Deed to release hem grantors n manna anti vole STATE ITT FINANCIAL SERVICES CORPORATION, A DELAWARE CORPORATION f. Date I3— Cronin (Owe namNtl me adornenL tlelement of aearne IACludmg Nadel,rood or strew number.is etiquette) — ROBERT E. GRAUBERGER, SHARON A. GRA:JHERGER and STUART R. GRAi1HERGER P. O. Box 0566 Hudson, CO 80642 IfVul'1 Porn.of Co-Ownership: pl then Ire10de Mort grantees names.they will de Considered It Yu HUMP'.icammon offing ne wpm"m Went Lenin Cy'Sr words ci the faint meMmp ere IonC!n Ina Ce a below -Robert E. Grauber4er and Sharon A. Graubereer, Joint Tenants as to an undivided two-thirds interest, and Stuart R. Grauber4er as to an undivided one-third interest �l�-Il/t,, Properly oneripaen: lmcwee manly an@ slsta; IS) Lot A of Recorded Exemption No. 1471-03-3-RE958, being a part of the E1/2 of the SW1/4 of Section 3, Township 1 North, Range 63 West of the 6th P.M:, as per the map recorded December 22, 1986 in Book 1139 at Reception No. 2081753, County of Weld, State of Colorado TOGETHER with all water derived by the inclusion of 2.75 acres • •` within the Henrylyn Irrigation District property Address! 33323 Highway 52, Keenesburg, CO 80643 Conalderellon: 'TIN statement of a dollar amount eoDlone.ednualeCont,dMler for this beep wilt be presumed unless lhmcon.evetta is Ibenlied as a got.in any case aims conveyance n Immure.Intel and unto%tinnai.l SIXTY—SEVEN THOUSAND AND NO/100 DOLLARS ($67,000.00) Reservation-Raatrlcllons: Elise GRANTOR menu to mania dry interns m me property or to convey Ins not ere Owns or it la GRANTOR y is rash taunt;thy GRANTEE'S rrgnl in Me property.mae approprele m5tnfon; re • 0 AddlUon�Wlfrapltf.Eanpllonr tIncwee deem of vu et being/named and gainer maters not Melee some n .rvi Reservation for a Life Estate for Jacob Baumgartner as specified D. Moldt Deed recorded March 6, 1945 in Book 1150 at Page 432, Wald 3 r ,>>i;County Records. (Heeled dy Ins Warner on Fnbruary 1 it �Q3 aiblie ,e Clans toe erpoeMYn,PNntnalp or AndcWlen: Stenalate Parse for edleeualR): • FI I; SERVICES CORPORATION A DELAWARE CORPORATION q Nil . X07 for 00100eeudn,pmneramp Or MleCistl a Grantor Bey / i'IId ill . •urns. C: Pres dept Gramot By . Dalb.c, Assistant Secretary o,anmr Attest STATE OP ddbbfdaldd MINNESOTA 1 COUNTY OF HENNEPIN Tne toreaang InWrenedl was atenovdepped Delete me Inn L. day al February ,to 93 lir' K. L. Horns, Vice Pree c, Agaistant Secretary SUSAN HULXE n 'xa NESS my nand me pillcpl coal rertllyiUBLf�em T 10llM V' . L�+i 11 D �— Mycommission aspires:\ /p )SQI\ HENNEPIN COU IN N 4 E _ Y eroWW�nry1M 1234 MOIy qrM% STATE OF COUNTY OP 1 sa. I Tne rcregemg Imuumenr wet eel nowsageo mere ens Inn 515 Al .19 lay' I'name,nOwauul Grantalalatltlramdr mCaporlllen,Pebnenloor Asmour,On,ImMentdyeanen la ornament oreoepresehnandaedretr Or ashram secretary of corporation,or as panrrertal of canneloni),or as euteermad memtwlet CI eancralforo WITNESS my nand And olfxnl nat. ICI roeumube sepses: Notary pa •lest UPDATE LEGAL FOAMS P.G.B0'Ills-Giney,Wald.50137 ISM 3M-Old Hello