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HomeMy WebLinkAbout20073477.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST RAYMOND AND LISA COLLINS 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, Raymond and Lisa Collins, BCV #0701040, 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, Raymond Collins, property owner, was present at said hearing, and WHEREAS, the Board deems it advisable to bring legal action against those individuals named above to correct said violation. 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 work with staff on a new building permit and collection of fees, and to move from the camper trailer located on the site, to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV#0701040 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Raymond and Lisa Collins 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 submit a new building permit application, work with staff on new fees, and to move from the camper trailer, to bring the subject property into compliance. 2007-3477 PL0824 VIOLATIONS - BCV#0701040 - RAYMOND AND LISA COLLINS 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 N , COLORADO \AACjc:)) ATTEST: gt��A�/ r "y - +. ism � David E. Long, Chair Weld County Clerk to the ar e,7 "t.:—.EXCUSED .EXCUSED r ` William , Pro-Tem BY: GC�I �� �7 D ty CI to the Boar William F. Garcia APPROVED AS TO FORM: EXCUSED Robert D. Masden Con Attorn �1 �, few �ervcJr'W Douglas lademacher Date of signature: I WO? /OR 2007-3477 PL0824 Violation Summary Report BASIC INFORMATION COLLINS RAYMOND E JR & LISA J (1/2 8TJ&HWY 66 PLATTEVILLE, CO 80651 Tenant: Compliance Officer: Peggy Gregory Violation Number: BCV07-01040 Situs Address: 8175 HWY 66 Legal: 21252 THAT PT SW4SW4 21-3-67 DESC AS BEG SW COR OF SEC THENCE N87D56'E TO N R/W OF HWY 66 & NW R/W OF UPRR 864.36' &TRUE POB THENCE N30D08'E 998'THENCE N 59D52'W 45' S30D08'W 1025' S89D30'E 52.51' TO TRUE POB SITUS: 8175 66 HWY WELD 0 Location: Location North of and adjacent to Highway 66 North Agricultural South Agricultural East Agricultural West Agricultural Parcel Number: 120921000041-R4806686 Acreage: 1.05 Certified Mail Date: 07/18/2007 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 manufactured home. RECOMMENDATION Refer to the County Attorney for immediate action as this permit expired on 06-26-07 and there are numerous inspections to be completed. LETTER HISTORY 06/27/2007 Complaint Validated 06/27/2007 LTTR: Violation Notice 07/18/2007 LTTR: Hearing Notification 10/22/2007 Hearing Letter Sent OTHER CASE HISTORY 10/30/2007 HEARING LETTER LETTER TO ADVISE OF VIOLATION HEARING ON DELIVERED 11/13/07 PERSONALLY DELIVERED TO MR. COLLINS BY BUILDING INSPECTOR. 05/29/2007 LETTER SENT LETTER TO ADVISE OF 06/26/07 EXPIRATION DATE MAILED 2007-3477 (it DEPARTMLrdT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 ' pgregory@co.weld.co.us WI D 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 October 22, 2007 RAYMOND E JR and LISA J COLLINS 8175 HWY 66 PLATTEVILLE CO 80651 Subject: BCV07-01040, Part of the SW4SW4 of Section 21, T3N, R67W, of the 6t" P.M., Weld County, Colorado Dear Mr. and Mrs. Collins: 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 manufactured 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. 6ely, Pe2rigory n Building Compliance Officer pc: BCV07-01040 PRS-063019 SERVICE,TEAMWORK,INTEGRITY,QUALITY V S El o r, a. c , O Id �E t- a�t z ni _ O Q r pp ti, n- a ,i �. tiP&` j PIP _ N Q 0 - q 1)lI. o '- r 0 0 aU ry LL CY ft I -- 6 � " �oLL 0 3 C4 = ✓p ma - 2 R P -' G,llry_, woo 0 _ OWL art, w-a.td4i. - OHO 2U 41 CO = � � 2 m W 2 J It 3 r! _7. r3 J i soli C1 o o 0 0 72 a _ _ o -, w 0 =_ �� o in N x ` 1 J 0 H a a O Z CO i I- 2 i- c to CO Si 0 U O w N W D J tm 01- „in:: z O W ri r Q J 4-1 ill t0 CL 00 d W fta N W O O 10 d G 0i• C O CD in C p Cepartment -e 0 Weld Coil Milt., c c r GREELEY aa� 0 AUG � 3 ?-GO? c E do aOi UN CJ RIP— V:,; AI ED E 01:501:5 > . C 'Oo d.5 o m arrO •A ..L., gall el Maly AMU a . a Avel DEPARTMENT OF PLANNING SERVICES Building Compliance Division flc' NORTH OFFICE 918 10th Street, Greeley, CO 80631 pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 CFax: (970) 304-6498 O SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 July 18, 2007 RAYMOND E JR and LISA J COLLINS 8175 HWY 66 PLATTEVILLE CO 80651 Subject: BCV07-01040, Part of the SW4SW4 of Section 21, T3N, R67W, of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Collins: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on August 14,2007,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 manufactured home. • 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. • cere , WY)617— Peggy Gregory Building Compliance Officer pc: BCV07-01040 PRS-063019 SERVICE,TEAMWORK, INTEGRITY,QUALITY 0 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 Website: vvww.co.weld.co.us E-mail Address: poreciorveco.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 June 27, 2007 RAYMOND E JR and LISA J COLLINS 8175 HWY 66 PLATTEVILLE CO 80651 Subject: BCV07-01040, Part of the SW4SW4 of Section 21, T3N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Collins: Permit number PRS-063019 has now expired and the property located at 8175 Highway 66 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 manufactured 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 June 27,2007. 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. 5:19pw' fr Peggy ore ory V Building Compliance Officer pc: BCV07-01040 PRS-063019 4 $ DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE ' 918 10th Street Greeley, CO 80631 pgregoreeley, eld.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 29, 2007 RAYMOND E JR and LISA J COLLINS 8175 HWY 66 PLATTEVILLE CO 80651 • Subject: Permit#PRS-063019—Part of the SW4SW4 of Section 21, T3N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Collins: It has come to the attention of the Department of Building Inspection that a permit for a manufactured home at 8175 Highway 66 was issued on June 26,2006. According to our records,this permit will expire on June 26, 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. B. Any permittee holding an unexpired permit may apply for an extension of the time within which he or she may commence work under that permit when he or she is unable to commence work within the time required by this Article for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty(180)days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee as established by the Board of County Commissioners. SERVICE.TEAMWORK.INTEGRITY.QUALITY page two Failure to complete valid inspections or request an extension, in writing, 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. �Sinc�ly, /�tZ�J, Q rt Peggy Gregory Building Compliance pc: PRS-O63019 SERVICE.TEAMWORK.INTEGRITY.QUALITY 4, In onw— L--. :, DEPACNIENT OF BUILDING INSPECTION it NORTH OFFICE 918 10 STREET GREELEY, COLORADO 80631 (97O)353-6100, ext.3540 FAX (970) 304-6498 WIlD C. SOUTH OFFICE 4209 CR 24.5 COLORADO LONGMONT, COLORADO 80504 (72O)652-4210, ext.8730 FAX (720)652-4211 BUILDING PERMIT EXPIRATION Building permit no. t--PR S- O43O I ? Is being issued on 6 - ;IL - 04 In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on: 6 , 6- a ? 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: I /// Date: CP 0 Relationshi o Property Ow . ai / Oy Respectfully, itiarVe7:- .9 Roger Vigil Chief Building Official Office Teclr a 2,,,/, Date: ‘ -‘,26 -06 cc: Building Permit File Lpqg 1111111110111111111111 IIII III IIIIII III IIIII IIII IIII 2671698 02/05/1999 02,09P Weld County CO 1 of 2 R 11.00 D 10.90 JA Suit( Taukamoto WARRANTY DEED THIS DEED, Made this 4th day of February ,19 99 , between Kevin Willard state Documentary Fes of the County of Weld and Stated Colorado , $ J o.9 0 grantor,and Raymond E. Collins, Jr. and Lisa J. ,, Robinson l�C) ' Li"h��4, ,I--9k 6 whose legal address is 81'PS Highway 6b, Platteville , Colorado 80222 of the County of Weld and State of Colorado ,grantees: WITNESS,That the grantor,for and in consideration of the sum of ONE HUNDRED EIGHT THOUSAND NINE HUNDRED FIFTY AND NO/100 DOLLARS,($108,950.00 ),the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bar- I gain,sell,convey and confirm,unto the grantees,their heirs and assigns forever,not in tenancy In common hut In Joint tenancy, all the real property together with improvements,if any.situate,lying and being in the County of Weld , and State of Colorado,deathbed as follows'. A tract of land in the Southwest 1/4 of Section 21, Township 3 North, Range 67 West of the 6th P.M., more particularly described as follows: Beginning at the Southwest corner of Section 21, thence North 87'56' East to I the intersection of the North right-of-way line of State Highway 66 and the Northwest right-of-way of the Union Pacific Railroad and the True Point of Beginning, a distance of 864.36 feet. Thence North 30'08' East parallel to --Continued also known by street and number as 8175 Highway 66, Platteville, CC 80222 TOGETHER with all and singular the hereditantents and appurtenances thereunto helonging,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 I heredimments and appurtenances. TO HAVE AND TO HOLD the said premises 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.Mat at the time of the ensealing and delivery of Mese 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 as aforesaid, and that the same are free and clear from all former end other grants,bargains,sales,liens,taxes,assessments, encumbrances andresmictimss of-whatever kindor nature suever, except-for taxes for the current year,a lien bur not-yet doe and 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 grantees,their hews 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. 1�N��Ht REC)I',the grantor has executed this deed on the date set forth above. • Kevin. Willard STATE OF COLORADO ) )se. COUNTY OF ADAMS ) The fo trgtl(s as acknowledged before me this 4th day of February ,19 9 9 ,by Key • 'lard.,e Qf .: M ornmiska p)ses::M' ch 29, 2002 W emy and and of 'al seal. LUCERO i nd �.�___, ` '• Notary Public 4 '9T p6" ant Lucero sop COt OP *-1. WARRANTY DEED lb ontimeaul mamrtrxt Fkp U0MSSSaA98 8175 Highway 66 CONTINUATION OF LEGAL DESCRIPTION TO DEED DATED February 4, 1999 and 150.00 feet perpendicular from the Union Pacific's mainline, a distance of 998.00 feet; thence North 59'52' West, a distance of 45.00 feet; thence South 30'08' West to the North right-of-way of State Highway No. 66, a distance of 1025 feet; thence South 89'30.25" East along the North right- of-way of State Highway No. 66, a distance of 52.51 feet to the True Point of Beginning, County of Weld, State of Colorado HIM 11111!11111IIII dill IIIIII111111111111IIII 2671698 02/05/1999 02:09? Weld County CO 2 of 2 R 11.00 D 10.90 JR Sul(' Tsukemoto rile*OO85558A9B �� t t' of ar 'a' .O` £m 'D ,u. 0 C . , ,- ca i i7a� ��° 4 a d 1' °'5,us to . i I 1 a+tls`gKo' .. Z Cti- _ e w. t .� �=' rKiF' r ''C C O 's Q n 'off: , `f a it is",,7 t '"i m 'Q W �. y, Oil;iii;i0M M C �` ' fa i, O.f.�'tF-- O" " 1 } .. 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