HomeMy WebLinkAbout20072865 RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
BCV#0701036 AGAINST SHEN GRUBER 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, Shen Gruber, BCV #0701036, 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 11th day of September, 2007, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,and
WHEREAS, Shen Gruber 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 Shen Gruber 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.
2007-2865
00 .. A VI 0 P1,024 7
VIOLATIONS - BCV#0701036 - SHEN GRUBER
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of September, A.D., 2007.
/ EUNT , COLORADO
BOARD OF COUNTY
COMMISSIONERS
`W
•
ATTEST: ' !, �" �fy : calQY, Cot
avid E. Long, Chair
Weld County Clerk to the
\ EXCUSED
I / �{�' � Wily'a . Je Grp-Tem
BY: / 1 � Sj
De ty Cle to the Board(
Will' m F. Garcia \A 1
AP V AS �.
Robert D. Malden
my ey
ugla Rademach r
Date of signature: clia4'01
2007-2865
PL0824
Violation Summary Report
BASIC INFORMATION
GRUBER SHEN PO BOX 327 WELLINGTON, CO 80549
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV07-01036
Situs Address: 52229 CR 21
Legal: PT S2SE4 10-9-67 LOT A REC EXEMPT RE-4465 SITUS: 52229 21 CR
WELD 806310000
Location: Location West of and adjacent to County Road 21, 3/4 mile south
of County Road 108
North Agricultural properties
South Agricultural properties
East Agricultural properties
West Agricultural properties
Parcel Number: 045310400014-R4560406 Acreage: 20.47
Certified Mail Date: 08/22/2007
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 new permit application and all applicable documentation shall be submitted.
RECOMMENDATION
Planning staff recommends this case be referred to the County Attorney for immediate action as Mr.
Gruber has not made the necessary corrections to get this completed.
LETTER HISTORY
06/25/2007 Complaint Validated
06/25/2007 LTTR: Violation Notice
08/22/2007 LTTR: Hearing Notification
OTHER CASE HISTORY
07/20/2007 Phone Call Phone call to Shen Gruber- he believed all inspections
were completed. I advised him that framing and final
approval need to be done. He has sold the property.
08/21/2007 Phone Call I spoke with George Carroll, building inspector, he said
inspections would need to be scheduled. I left a message
for Shen Gruber.
09/04/2007 Phone Call Phone call from Shen Gruber. Inspection scheduled for
08/30/07. I also received a phone call from Joe Cassone,
father of the owner. I advised him an inspection was
scheduled.
09/04/2007 Phone Call I left a message for Shen Gruber that all inspections were
not approved, final approval would need to be rescheduled
08/29/2007 INSPECTION SCHEDULEDFRAMING INSPECTION APPROVED
2007-2865
Violation Summary Report
CORRECTION NEEDED PRIOR TO FINAL APPROVAL
08/29/2007 Certified Mail Receipt
DEPARTMENT OF PLANNING SERVICES
rat 6 Building Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
Website: WWW.CO:WELD.CO.US
iglig * Email Address: pgregory@co.weld.co.ua
Phone Number: 970-353-6100 x356E
Fax Number: 970-304-6498
SOUTHWEST OFFICE
COLORADO 4209 CR 24.5
COLORADO LLVV Longmont, CO 80504
Phone: (720)652-4210, Ext 8730
Fax: (720) 652-4211
August 22, 2007
GRUBER SHEN
PO BOX 327
WELLINGTON, CO 80549
Legal Description: BCV07-01036
PT S2SE4 10-9-67 LOT A REC EXEMPT RE-4465 SITUS: 5222921 CR WELD 806310000
Dear: GRUBER SHEN
The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of
County Commissiners on:
09/11/2007 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.)
To bring your property into compliance with the Weld County Code:
A new permit application and all applicable documentation shall be submitted.
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.
rot
Peggy Gregory
Building Compliance Officer
pc: BCV07-01036
U.S. Postal Servicerr.,
CERTIFIED MAIL RECEIPT
tri
(Domestic Mail Only;No Insurance Coverage Provided)
4
Ln F•r delivery inf•rmati•n visit•ur we•site at www.us•sc•
co E L USE
Ln
Postage $
Codified Fee
PostmarkReturn Receipt Fee
O (Endorsement Required) Here
O Restricted sm Delivery Fee -
I� Required)
(Endorsementme
rR
r9 Total Postage&Fees $
Ln
t o
o Shen Gruber
('- arrest,Apt No.;
or PO Box No. PO Box 327
Ciy,State,ZIP+4
Wellin:ton CO 80549
PS Form 3800.June 2002 See Reverse for Instructions
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Signatu
Allffr
item 4 if Restricted Delivery is desired. X -� 0 Agent
• Print your name and address on the reverse 0 Addressee
so that we can return the card to you. B. Received by(Printed Name) C Date_oWeliv w
• Attach this card to the back of the mailpiece, '�`. J/1
or on the front if space permits. !!JJ
D. Is delivery address different from Rem 1? 0 Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
SHEN GRUBER Weld ar ,Iii= Department
PO BOX 327 E OFUCE
WELLINGTON CO 80549
3 Service Type
• edified Mail ❑Express Mail
k,i[ h—S � •.�``•istered 0 Return Receipt for Merchandise
e Y • nsured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7005 1160 0001 4538 535.4
(Transfer from seMce label
PS Form 3811,February 2004 Domestic Return Receipt - 102595-02-0Y1540,
:46
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, G reeley, CO 80631
Website: v✓ww.co.weld.co.us
E-mail Address: pgregory(aco.weld.co.us
C 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
June 25, 2007
SHEN GRUBER
S &J CO, INC
PO BOX 327
WELLINGTON CO 80549
Subject: BCV07-01036, S2SE4 of Section 10, T9N, R67W of the 6th P.M., Weld County, Colorado
Dear Mr. Gruber:
Permit number BCN-060199 has now expired and the property located at 52229 County Road 21 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 pole building.
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 June 25,2007. 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.
C`.LQ l yblot
Peggy Gregory
Building Compliance Officer
pc: BCV07-01036
BCN-060199
a
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
' 918 10th Street
Greeley, CO 80631
pgregory@co.weld.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
May 23, 2007
SHEN GRUBER
S &J CO, INC
PO BOX 327
WELLINGTON CO 80549
Subject: Permit#BCN-060199—S2SE4 of Section 10,T9N, R67W, Weld County, Colorado
Dear Mr. Gruber:
This letter is to remind you that a permit for a pole building at 52229 County Road 21 was issued on June 23,
2006. According to our records,this permit will expire on June 23,2007, 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, �J
\�J6.r! JL/'tR
Peggy Gregory
Building Compliance Officer
pc: BCN-060199
SERVICE,TEAMWORK.INTEGRITY,QUALITY
tr4r..), DEPt 'MENT OF BUILDING INSPECTION
NORTH OFFICE
918 10 STREET
GREELEY, COLORADO 80631
(97O) 353-6100, ext.3540
IFAX (970) 304-6498
W� e
SOUTH OFFICE
4209 CR 24.5
COLORADO LONGMONT, COLORADO 80504
(720)652-4210, ext.8730
FAX (720)652-4211
BUILDING PERMIT EXPIRATION
aq
Building permit no. 25C/J— o1& / q
Is being issued on 11,,43
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 r' r to to the permit is to expire.Signed: ; Date: ( —Z3 6
Relationsh to Property Owner: Sal
Respectfully,
SP7 6/1*-g
Roger Vigil
Chief Building Official
Office Tech:"* L� \2),,N`
Date: L ,Q'3
cc: Building Permit File
eRecorded in Weld C y,CO Doc Id:3430344
10/26/2006 05:25 P Receipt#:7282945
Annette Casson Page:1 of 1 Total Fee:$34.50
•
Steve Moreno, Clerk and Recorder
WARRANTY DEED
THIS DEED,Made on October26.2006 between
The S&J Company,a Colorado Corporation
of the County of Weld.State of Colorado,wantons),and
Annette Casson.,
whose legal address is 52229 County Rd 21
Wellington,CO 80549 •
of the County of Weld,State of Colorado,grantee(s): •
W ITNESSETH,that the grantor(s),for and in consideration of the sum of Two Hundred Eighty Five Thousand and 00/100
DOLLARS($285,000.00),the receipt and sufficiency of which are hereby acknowledged,have granted•bargained,sold and
conveyed,and by these presents do grant,bargain,sell,convey and confirm unto the grantee(s),their heirs and assigns forever,all
the real property,together with Improvements,if any,situate.tying and being in the County of Weld and State of Colorado described
as follows:
Lot A, Recorded Exemption No.0453-10-4 RE-4465,being part of the S 1/2 of the SE 1/4 of
Section 10, Township 9 North, Range 67 West of the 6th P.M., County of Weld, State of
Colorado:
as known by street and numbers as: 52229 County Rd 21,Wellington.CO 60549
TOGETHER with all and singular the heredhaments and appurtenances thereto belonging,or In anywise appertaining and the
reversion and reversions,remainder and remainders,rents,issues and profits thereof,end all the estate,right.title,Interest,claim and
demand whatsoever of the grantor(a),ether 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(s),
their heirs and assigns forever.And the grantor(s),for themselves,their heirs,and personal representatives,do covenant,grant,
bargain,and agree to and with the grantee(s),their heirs and assigns,that at the time of the ensealing and delivery of these presents,
they are well seized of the premises above conveyed,had 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 as
aforesaid,and that the same are free and clear from all former and other grams,bargains,sales liens,taxes,assessments,
encumbrances and restrictions of whatever kind or nature soever,except
for general taxes and assessments for the year 2006 and subsequent years;and subject to easements,covenants,
reservations,restrictions and rights of way of record.
The grantor(s)shall and will WARRANT AND FOREVER DEFEND the above-bargained premises In the quiet and peaceable
possession of the grantee(s),their heirs and assigns,against all and every person or persons lawfully claiming the whole of any part
thereof. Wherever used herein,the plural references shall be construed to be singular references and singular references shall be
construed to be plural references where the context requires and all references of gender and person shall be construed to refer to the
grantor or grantors Identified herein regardless of the context.
IN WITNESS WHEREOF,the grantor(s)have executed this deed on the date set for ar
The S&J Compa olorado
Corporation
BY:
n Gruber,C.E.O.
STATE OF COLORADO
) SS.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this c%) day of ( -%T aw by Shen A.
Gruber as C.E.O.of the S&J Company,a Colorado Corporation.
Witness my hand and official seal.
! "c17FR My commission expires 08/13/2008 ,
36-CO-06000511 LSS ��tlr '•• Notary Public
07
U�v
ykk4 vtceYd 91 •P •.•Av
Re•hw,.,1 -h'rr''�' 'S ATE 0*,
Ahnak. cAssr.re-
a9a'I -Des MeivltS '�• - '.
Ft-• ce11in:, cc::.
r404-.
832A.Rev.to-eT war any Deed(Fa Plwtographk Remml
NORTH AMERICAN TITLE COMPANY OF COLORADO
S2ICOOTO.2832 Rev.11004
111111111111 MIME 11111 III!IIII
563 3391563 05/3012006 09:33A Weld County,CO
1 of 1 ft 6.00 0 8.20 Steve Moreno Clerk&Recorder
WHEN RECORDED RETURN TO:
The S and J Company, a Colorado corporation
P.O.Box 327 SDF$8.20
Wellington,CO 80549
SPECIAL WARRANTY DEED
THIS DEED, dated May 24,2006,between
Rouse Farms Co.,a Colorado limited partnership,
of the County of Weld and State of Colorado,grantor(s),and
The S and J Company,a Colorado corporation,
duly organized and existing under and by virtue of the laws of the State of Colorado,
whose legal address is P.O.Box 327, Wellington,CO 80549,of the County of Weld and State of Colorado,grantee(s):
WITNESS, that the grantor(s), for and in consideration of the sum of Eighty Two Thousand and 00/100
Dollars ($82,000.00), 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 grantee, Its successors
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:
The S1/2 of the SE1/4 of Section 10,Township 9 North, Range 67 West of the 6th P.M.,County of Weld,
State of Colorado.
also known by street and number as:to be determined,Wellington,CO 80549
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(s), 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(s), its successors and assigns forever. The grantor(s), for himself, his heirs, and personal representatives or
successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable possession of the grantee(s), its successors and assigns, against all and every
person or persons lawfully claiming the whole or any part thereof, by, through or under the grantor(s),except general
taxes for the year 2006 and subsequent years, and except easements, covenants, conditions, restrictions,
reservations,and rights of way of record,if any.
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.
Rouse Farms Co.,a Colorado limited partnership
B�er Rouser
Its:: General Partner
[ ! (i
OttlE
BY: Roberta Jean Rouse
Its: General Partner
STATE OF COLORADO
)SS
COUNTY OF WELD
The foregoing instrument was acknowledged before me on May 24, 2006 by Jerry Rouse who personally appeared as
General Partner of Rouse Farms Co., a Colorado limited partnership and Roberta Jean Rouse who personally appeared
as General Partner of Rouse Farms Co.,a Colorado limited partn rship.Witness my hand and official seal, E VJ//JJ�2CtL
My Commission Exp•• •„`05/2007 Ma E. oswell, Notary Public
MARY E. '+;
•
UNWELL J
t Vim: ico
fill ..............
/f OF COt.
File No.TNGR0000207 INCr `OCa0`�_ /n
DOC-SWD to Corp v
rid'Ca _ ! "-! i° .xf:
t AS '
F e.-, 4 `s lr"'`a 1 c
i
' �,���`�4�L.. 19 d rft.:. r 1 a 'ts' '� _ �2 °�� ' au,� � fly , I) .
-1:6:&':',4',;`;'''f.1.-t*,
) Is V..16 9 ## t
' Y 1111` I
.,I r k.c ii, i dfitf 4 t mr i eay' ..t C '� t
- r 4T y- -, + .ej,.
n W.5 3
+G • W
N 4y
f' P
ra t pp- xct. $ k W3_ En r :x� r F ,.i : ` 7
i !,1•;lit X38 t `a� !L a! a'a .0 3' ,s. 3.. .y" i e {fit
>' y ._.8; r ...... x F �, li YY -...,.:.:,,,,.]:.„,,A. ,„.
. p I,K4 ....-.,
rgrg ''c?-,Fc
tl
I
O. Z
x il
N J r 'axa4 • y " LLL
� N `�rE +• ir..i
0.O $
11 el
! -, N 6 0. O ..
q m. 'l'. O 01 O x n i3�,. , x
W U cct� �u1 ! _ L i Y b Lli M ...�.ri
ti:: 7- Q Q1 O V imL it, mS) ..�4, x'" yp� 'x` 4,� �{I�..3
u NO]
N J d { is
ijj
t �3 Sa3 =nN !
C Z .mil•x N O O c d { I.y 'a O2 C N ""+gib N. rut hi
NIti O N ❑ CO7 , d N CiVk Q m .�L.L'�L ��4... ..
Hello