HomeMy WebLinkAbout20073478.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST BENIGNO AND JOSEFINA VASQUEZ 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, Benigno and Josefina Vasquez, BCV#0701080, 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 13th day of November, 2007, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Benigno Vasquez, 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 December 13, 2007, to allow adequate time for the property owners to complete
all the work needed to schedule inspections, to bring the subject property into compliance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that BCV#0701080 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Benigno and Josefina Vasquez 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 December 13, 2007, to allow adequate time
for the property owners to complete all the work needed on this project, and to schedule the
inspections to bring the subject property into compliance.
2007-3478
PL0824
VIOLATIONS - BCV#0701080 - BENIGNO AND JOSEFINA VASQUEZ
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of November, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WELD\ UNTY, COLORADO
cva L
11 Q
ATTEST: ! ',�'
��� �..��@ 'bvid E. Long, Chair
Wel County Clerk to the r `�`ft-rt�'s
TI ?...". CUSED
Ia`� illiam H. Jerke, Pro-Tem
BY: V Y-7
De b :JCIlle6to the Boa' /(y"
William F. Garcia
APPROVED AS TO FORM: EXCUSED
Robert D. Masden
),(,0 dip ((1 1i 1 I 0
h95-l-Cour y Attor y
` 1 Dougla Rademach
Date of signature: Ill /07
2007-3478
PL0824
Violation Summary Report
BASIC INFORMATION
VASQUEZ BENIGNO &JOSEFINA 912 VILLAGE DR FORT LUPTON, CO 80621
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV07-01080
Situs Address: 15384 GOOD AV
Legal: 2AR65-2 L2 BLK65 2ND ARISTOCRAT RANCHETTES SITUS: WELD
000000000
Location: Location Between County Road 16 and 18, East of County Road 31
North Agricultural property
South Agricultural property
East Agricultural property
West Agricultural property
Parcel Number: 130927318007-R5245586 Acreage: 0.99
Certified Mail Date: 10/22/2007
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 mobile home.
RECOMMENDATION
A permit application and all applicable documentation shall be submitted for the mobile home.
LETTER HISTORY
10/02/2007 Complaint Validated
10/02/2007 LTTR: Violation Notice
10/22/2007 LTTR: Hearing Notification
OTHER CASE HISTORY
11/06/2007 Phone Call Phone call to Mr. Vasquez. He said the mobile home is
one the property, he just has not called for inspections. I
explained that the permit has expired and he will need a
new permit and then call for inspections. He will go to the
Southwest office today and submit an application.
11/06/2007 Office Visit Mr. Vasquez was at the Southwest office. He stated he
would be ready for all inspections within three weeks. I
advised him to appear at the violation hearing and request
an extension of the Board.
2007-3478
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
111 D C Fax: (970) 304-6498
O SOUTHWEST OFFICE
• 4209 CR 24.5, Longmont, CO 80504
COLORADO Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
October 22, 2007
BENIGNO and JOSEFINA VASQUEZ
912 VILLAGE DR
FORT LUPTON CO 80621
Subject: BCV07-01080, Lot 2, Block 65, Aristocrat Ranchettes #2, Weld County, Colorado
Dear Mr. and Mrs. Vasquez:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on November 13, 2007, at 10:00 a.m., to consider the violations.
The property is in violation of the following Section of the Weld County Code:
Section 29-3-10 "Building permit required."
To bring your property into compliance:
A permit application and all applicable documentation shall be submitted for the
mobile home.
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.
Peggy Gregory
Building Compliance Officer
pc: BCV07-01080
SERVICE,TEAMWORK, INTEGRITY,QUALITY
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o Benigno and Josefina Vasquez
I` Threat.Apt.No.:
or PO Box No. 912 Village DR
Oily,State,>P*4 Fort Luton CO 80621
See Reverse tor Instructions
PS Form'3800,June 2002
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. ill" ///'
item 4 if Restricted Delivery is desired. 0 Agent
• Print your name and address on the reverse . �i t/// �.. 0 Addressee
so that we can return the card to you. B Recei ed by(Printed e) C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits. /0-00'6
D. Is delivery address different from item 1? 0 Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
BENIGN() & JOSEFINA V}i§tOllinty Planning Department
912 VILLAGE DR GREELEti OFFICE
FORT LUPTON CO 80621 OCT 3 "
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6 DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
' Website: www.co.weld.co.us
Address: pgregory(a�co.weld.co.us
C E-mail Phone (970) 353-6100, Ext. 3568
Fax: (9(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
October 2, 2007
BENIGNO and JOSEFINA VASQUEZ
912 VILLAGE DR
FORT LUPTON CO 80621
Subject: BCV07-01080, Lot 2, Block 65, Aristocrat Ranchettes #2, Weld County, Colorado
Dear Mr. and Mrs. Vasquez:
Permit number PRS-063043 has now expired and the property located at 15384 good Avenue 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 mobile home.
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 October 2.2007. 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 Attorneys 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.• ely,
Peggy Gregory 517
Building Compliance Officer
pc: BCV07-01080
PRS-063043
Kit( :NNIH
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
liD
918 10th Street
Greeley,
Gree 80631
pgregoryley, COC ld.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
August 27, 2007
BENIGNO and JOSEFINA VASQUEZ
912 VILLAGE DR
FORT LUPTON CO 80621
Subject: Permit# PRS-063043— Lot 2, Block 65, Aristocrat Ranchettes#2, Weld County, Colorado
Dear Mr. and Mrs. Vasquez:
This letter is to remind you that a permit for a mobile home at 15384 Good Avenue was issued on September
27, 2006. According to our records, this permit will expire on September 27, 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, Ar
(12M c?
0
Peggy Gregory
Building Compliance Officer
pc: PRS-063043
SERVICE.TEAMWORK.INTEGRITY.QUALITY
ULVAK :N 1 Ur- bUILUIN(i INavtL I Rill'MCI \I\I NORTH OFFICE
918 10 STREET
GREELEY, COLORADO 80631
(970) 353-6100, ext.3540
FAX (970) 304-6498
PC. 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. G'R5 — O/o S o`f
Is being issued on 5 c27— ,UO
In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on:
9- A7 - c2oo7-
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 propert ner prior to the date the permit is to expire.
Signe • .arz 74„ 7----- Date: X7-0 6
Relationship to Property Owner:
Respectfully,
Roger Vigil
Chief Building Official
Office Tech: L
Date: ' a 7 BOO C,
cc: Building Permit File
g/3
2580813 B-1635 P-1917 11/24/1997 03:51P PG 1 OF 1 REC DOC
Weld County CO JA Suki Tsukasoto Clerk & Recorder 6.00 3.00
WARRANTY DEED
THIS DEED, Made this 21st day of November, 1997 between
Virginia Katherine Smith
of the County of Weld and
State of Colorado, grantor, and
Henigno Vasquez and Josefina Vasquez
whose legal address is 912 Village Drive, Ft. Lupton, CO 80621
of the County of Weld and State of Colorado, grantees:
WITNESS that the grantor for and in consideration of the sum of THIRTY THOUSAND AND
00/100, ($30,000.00) Dollars, 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 real property, together
with improvements, if any, situate, lying and being in the County of Weld and State
of Colorado, described as follows:
Lots 2 and 3, in Block 65, Aristocrat Ranchettes, Second Filing, a subdivision of
County of Weld, State of Colorado.
also known by street and number as TBD, Ft. Lupton, Colorado 80621
17'b TOGETHER with all and singular the 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 the said p • above bargained and described, with the
appurtenances, unto the grantees, their heirs and assigns forever. And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
and agree to and with the grantees, their 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 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 aforesaid, and that the same are
free and clear from all former and other grants, bargains, sales, liens, taxes,
, encumbrances and restrictions of whatever kind or nature_ snever,- except
general taxes for 1997 and subsequent years; except easements, restrictions,
covenants, conditions, reservations 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 possession of the grantees, their 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.
/ y�
:i 9y .. .i s, /(c .NwRnn-._ y
Vi � Sn>-cn�CA,`
V irgi�s Katherina Smith
STATE OF COLORADO }
} se. The foregoing instrument was acknowledged before
County of Weld } me this 21st day of November, 1997
by Virginia Katherine Smith
Witness my hand and official seal.
My commission expires 10-17=91310-17=913Y. T-9
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NOTARY PUBLIC
+. MELINDA ' j 1113 Tenth Avenue
No. 921A. Rev. 3-' BAESSLEfl5 ,.` Greeley, COLORADO 80631
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