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HomeMy WebLinkAbout20071670.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0700212 AGAINST JACKSON LAKE MOTEL, LLC, AND TYRONE JACKSON 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, Jackson Lake Motel, LLC, and Tyrone Jackson, VI #0700121, 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 19th day of June, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Jackson Lake Motel, LLC, and Tyrone Jackson 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 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 Jackson Lake Motel, LLC, and Tyrone Jackson 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. 2007-1670 • PL0824 (14 •' Uioc.- Z22-off, o7 VIOLATIONS - VI #0700121 - JACKSON LAKE MOTEL, LLC, AND TYRONE JACKSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of June, A.D., 2007. a . , BO D OF COUNTY COMMISSIONERS WE OUNTY COLORADO .6 ATTEST: L�` cif F 0C\ aG .�, nal (' r. `•, avid E. Long, Chair . ��1 Weld County Clerk to the ' gar ,•���„_ XCUSED i iam . 4• rke, Tem BY: De Clerk the Board / William F. Garcia APP: s . ED AS R, : EXCUSED Robert D. Masden u�y ttorney C-h iku `tea &ac ttsr Douglas ademach Date of signature: '/s/o-7 2007-1670 PL0824 Violation Summary Report BASIC INOFORMATION Property Owner: JACKSON LAKE MOTEL LLC 848 N RAINBOW BLVD LAS VEGAS, NV 89107-1103 Tenant: Compliance Officer: Peggy Gregory Violation Number: VI-0700121 Situs Address: 35929 176 FRONTAGE RD Legal: MS-2A L2 MINOR SUB NO S-293 SITUS: 359291-76 FRONTAGE RD WELD 80652 Location: Location North of 1-76, West of County Road 73 North Agricultural property South Town of Roggen East C-3 West C-3 Parcel Number: 130301000028-R0057089 Acreage: 3.05 Certified Mail Date: 06/04/2007 Currently the property is in violation of 29-8-40 "Expiration of permit." A. Every permit issued by the Building Official under the provisions of this Building Code sha 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 All inspections shall be completed and a certificate of occupancy issued on the permit for the repair, remodel, and rebuild of the Roggen Motel. RECOMMENDATION Refer to the County Attorney for immediate action as this permit was issued in 2004 and there are numerous inspections to be completed. LETTER HISTORY 03/26/2007 Complaint Validated 03/26/2007 LTTR: 10 Day Letter 04/23/2007 LTTR: Violation Notice 06/04/2007 LTTR: Hearing Notification OTHER CASE HISTORY 05/15/2007 Phone Call Phone message from Shane Terra. 05/15/2007 Phone Call Returned Shane"s call and left a message to call me. 05/16/2007 Phone Call Phone call from Shane Terra. He will have an inspection by May 31, 2007. They do not plan to have all rooms completed at this time but will i/ 2007-1670 Violation Summary Report review with the inspector what needs to be done. 06/04/2007 VIOLATION HEARING LETTER TO SCHEDULE WITH BOCC ON LETTER 06/19/07 05/05/2005 EXPIRATION NOTICE 10-DAY LETTER TO REMIND OF EXPIRATION DATE. 08/28/2006 EXPIRATION NOTICE LETTER TO REMIND OF 09/18/06 EXPIRATION DATE 06/14/2005 Phone Call Left messasge for Tyorne Jackson to call me. 06/21/2005 Phone Call Phone call from Shane Terra, Tyrone Jackson"s partner, he will schedule inspections. 07/26/2005 Phone Call Left message for Shane Terra to call me. 06/05/2007 Property Inspected Inspection performed, same corrections noted. i‘Cirt 0 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregory(oco.weld.co.us Phone: (970) 353-6100, Ext. 3568 WI I D et, Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE April 23, 2007 JACKSON LAKE MOTEL LLC PMB 665 848 N RAINBOW BLVD LAS VEGAS NV 89107-1103 Subject: VI-0700121, Part of the N2 of Section 1, T2N, R63W of the 6th P.M., Weld County, Colorado Dear Mr. Jackson: It has been determined that the property located at 359291-76 Frontage Road is currently in violation of the following Section of the Weld County Code: Section 29-8-40 of the Weld County Code states that building permits shall expire after 180 days of inactivity. To bring your property into compliance with the Weld County Code: All inspections shall be completed and a certificate of occupancy issued on the permit for the repair,remodel,and rebuild of the Roggen Motel. 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 fail to correct this violation within 30(thirty)days from April 23,2007. 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. 0Q(Q�1d'�P Peggy Gregory Building Compliance Officer pc: BCS-040011 VI-0700121 Le--N.:), 41( DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE liD 918 10th Street Greeley, CO 80631 pgregory@co.weld.co.us 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 March 26, 2007 JACKSON LAKE MOTEL LLC PMB 665 848 N RAINBOW BLVD LAS VEGAS NV 89107-1103 Subject: Permit# BCS-040011 —Part of the N2 of Section 1, T2N, R63W of the 6th P.M., Weld County, Colorado Dear Mr. Jackson: It has come to the attention of the Department of Building Inspection that a permit for the repair, remodel,and rebuild of the Roggen Motel at 35929 1-76 Frontage Road was issued on January 28,2004. According to our records,this permit will expire on April 22,2007, and all of the required inspections have not been completed. Section 29-8-40 of the Weld County Code states that: A. Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become null and void if the building or work authorized by such permit does not commence within one hundred eighty(180)days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty(180)days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half(1/2)the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded five (5) years. Failure to complete valid inspections by the expiration date will result in a violation notice. Once a violation is issued, it will remain open until the permit is completed 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, °mart Peggy Gregory Building Compliance pc: BCS-040011 SERVICE,TEAMWORK.INTEGRITY.QUALITY � i4o7 s?a-a7 461\fie DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE I lo° 918 10th Street Greeley, CO 80631 O II pgregory@co.weld.co.us 10 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 28, 2006 JACKSON LAKE MOTEL LLC PMB 665 848 N RAINBOW BLVD LAS VEGAS NV 89107-1103 Subject: Permit# BCS-040011 — Part of the N2 of Section 1, T2N, R63W of the 6th P.M., Weld County, Colorado Dear Mr. Jackson: It has come to the attention of the Department of Building Inspection that a permit for repair, remodel, and rebuild of the Roggen Motel at 35929 1-76 Frontage Road was issued on January 28,2004. According to our records, this permit will expire on September 18, 2006, and all of the required inspections have not been completed. 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 null and void if the building or work authorized by such permit does not commence within one hundred eighty(180)days from the date of such permit,or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty(180) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half(1/2)the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded five (5) years. Failure to schedule inspections by the expiration date will result in a violation notice 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, Art Peggy Gregory Building Compliance pc: BCS-040011 SERVICE,TEAMWORK.INTEGRITY,QUALITY 0 Kers DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street WI p C Greeley, CO 80631 O pgregoreeley, eld.co,us Phone: (970) 353-6100, Ext. 3568 COLORADO• Fax: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720)652-4211 May 5, 2005 Jackson Lake Motel LLC 477 S Jasmine ST Denver CO 80224 Subject: Permit#'s BCS-040011 & BCS-040051 Part of the N2 of Section 1, T2N, R63W of the 6th P.M., Weld County, Colorado Dear Property Owner: I have previously contacted you regarding the above noted building permits at 35929 1-76 Frontage Road. Permit number BCS-040011 is for repair, remodel, and rebuild of the Roggen Motel. The last inspection was on January 19, 2005, so this permit will expire on July 18, 2005. Permit number BCS-040O51 is for the demolition of the destroyed south building. You have been notified that the hole left after the building was demolished shall be filled in,the sewer system capped,and the potable water disconnected and capped. No inspection has been scheduled to verify this has been completed. So that this matter may be resolved, please call for inspections on both permits within 10 days from the date of this letter. Should you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. L- 1 Y -1f S Peggy Gregory Building Compliance pc: BCS-040011 BCS-040051 VI-0500123 SERVICE.TEAMWORK,INTEGRITY,QUALITY 0 DEPARTM. ,T OF PLANNING SERVICES Building Cornpliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 ' pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 C Fax: (970) 304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 June 4, 2007 TYRONE JACKSON JACKSON LAKE MOTEL LLC PMB 665 848 N RAINBOW BLVD LAS VEGAS NV 89107-1103 Subject: VI-0700121, Part of the N2 of Section 1, T2N, R63W, of the 6`" P.M., Weld County, Colorado Dear Mr. Jackson: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on June 19, 2007, at 10:00 a.m., to consider the violations. The property is in violation of the following Section(s) of the Weld County Code: Section 29-8-40 "Permit expiration." To bring your property into compliance: All inspections shall be completed and a certificate of occupancy issued on the permit • for the repair, remodel, and rebuild of the Roggen Motel. 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 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. cereo Peggy regory Building Compliance Officer pc: Vl-0700121 BCS-040011 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal Service-. -D CERTIFIED MAIL RECEIPT u-1 (Domestic Mail Only;No Insurance Coverage Provided) ru •r•elivery inf•rmati•n visit •ur we•site at wvna.us•s.c•m� m t% Postage $ ri Certified Fee Return Receipt Fee Her erk (Endorsement Required) Here p Restricted Delivery Fee ..a (Endorsement Required) rR Total Postage 8 Fees u'1 En Sent To M Tyrone Jackson, Jackson Lake Motel LLC M1 *eat,Apt Na; orPOeorNo. PMB 665, 848 Rainbow Blvd City,State,ZIP+4 Las Vegas NV 89107-1103 PS Form 3800,June 2002 See Reverse for Instructions SENSE': CeM•LETE THIS SECT/eN CAM•LETS THIS SECTI•N eN •EL/VE•Y • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. • Print your name and address on the reverse X ' Addre so that we can return the card to you. B. 0 of Delivery • Attach this card to the back of the mailpiece, B. Received by(printed Name i or on the front if space permits. �� / C. Date of Delivery 1. Article Addressed to: 0. Is delivery address different m item 1? 0 If YES,enter delivery address below: /'yy No TYRONE JACKSON JACKSON LAKE MOTEL LLC PMB 665 848 N RAINBOW 'maid County Planning eti7k r•:§I ype LAS VEGAS NV 89107-11ESEELFY ` EEF(E l$Cenified Mail ❑Express Mall 0 Registered 0 Return Receipt for Merchandise J U i`!-- 1 20 i% ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number rfroms � p�.�� (Transfer from service �Fl- l 4538 z50 6 PS Form 3811,February 2004 Domestic Return Receipt 102595.02-0-1540 Hello