HomeMy WebLinkAbout20071306.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST RUSSELL MARK 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, Russell Mark, VI#0700061, 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 8th day of May, 2007, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Russell Mark 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 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 July 8, 2007, to allow adequate time for the property owner to complete all of the
inspections and for a Certificate of Occupancy to be issued 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 VI #0700061 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Russell Mark 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 concertwith the identified parties,with an instruction for delay of action
upon such referral until July 8, 2007, to allow adequate time for the property owner to complete all
of the inspections and for a Certificate of Occupancy to be issued to bring the subject property into
compliance.
2007-1306
1�n PL0824
ft , v �
VIOLATIONS - VI #0700061 - RUSSELL MARK
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of May, A.D., 2007.
BO: ' OF COUNTY COMMISSIONERS
W D OU TY,FLORADO
ATTEST: ikei /i'!/v EL 0(
d E. Long, Chair
Weld County Clerk to the Bo- 1
1861 c;-� ) .
1 C�
t
-? 1=m er r em
BY: -"GY1Qi'h _.��li. ._
Deputy Cl- to the Board vt I1 u •
--r\\,.
' it F Garci
APP D AS TO F
Robert D. Men
...--C-
ounty Attorney
oug as ademacher
Date of signature: 6--.73-07
2007-1306
PL0824
Weld County Violation Summary
Building Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Russell G Mark
Violation Number: VI-0700061 Building Permit Number: BCN-050358
Situs Address: 8236 County Road 74, Windsor, CO 80550
Mailing Address: 1672 Smoke Ridge DR, Colorado Springs, CO 80919
Legal: Part of the NW4 of Section 4, T6N, R67W of the 6'"P.M., Weld County, Colorado
Location: North of and adjacent to County Road 74, ''A mile East of Highway 257
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Town of Windsor
Parcel Number: 0807-04-2-00-066 Acres: 32.43
Certified mail date: April 18, 2007 Received: April 23, 2007
Currently the property is in violation of:
Chapter 29, Article VIII, Sections 29-8-40
REMEDY
To bring the property into compliance, all inspections shall be completed and a certificate of occupancy
issued on the permit for a new single family dwelling.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for
immediate action as there has been no response and the last inspection was August 24, 2006.
CASE HISTORY
February 13, 2006 Letter to remind of February 20, 2007, expiration date
February 27, 2007 30-day violation letter issued
April 18, 2007 Certified letter mailed indicating the violation case is scheduled before the Board of
County Commissioners
2007-1306
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: poregoryc co.we!d.co.us
C. Phone: (970) 353-6100, Ext 3568
Fax: (9(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
February 27, 2007
RUSSELL G MARK
1672 SMOKE RIDGE DR
COLORADO SPRINGS CO 80919
Subject: VI-0700061, Part of the NW4 of Section 4, T6N, R67W of the 6th P.M., Weld County, Colorado
Dear Mr. Mark:
It has been determined that the property located at 8236 County Road 74 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 the permit for a new single family dwelling shall have a certificate of occupancy issued.
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 February 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.
Arr
Peggy Gregory
Building Compliance Officer
pc: BCN-050358
VI-0700061
Alt 41‘71 I. DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street
C Greeley, CO 80631
Wlip O pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
COLORADO
• Fax: (970) 304-6498
SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
February 13, 2007
MARK G RUSSELL
1672 SMOKE RIDGE DR
COLORADO SPRINGS CO 80919
Subject: Permit# BCN-050358 —Part of the NW4 of Section 4, T6N, R67W of the 6th P.M.,
Weld County, Colorado
Dear Mr. Russell:
It has come to the attention of the Department of Building Inspection that a permit for a new single family
dwelling at 8236 County Road 74 was issued on October 3, 2005. According to our records,this permit will
expire on February 20, 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.
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a DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
fl ?,
eORTH O80ICE
918 10th Street, Greeley, CO 80631
pgregory@co.weld.co.us
ipPhone: (970) 353-6100, Ext. 3568
CFax: (970) 304-6498
O e SOUTHWEST OFFICE
COLORADO 4209 CR 24.5, Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
April 18, 2007
RUSSELL G MARK
1672 SMOKE RIDGE DR
COLORADO SPRINGS CO 80919
Subject: VI-0700061, Part of the NW4 of Section 4, T6N, R67W, of the 6th P.M., Weld County, Colorado
Dear Mr. Mark:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on May 8, 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 "Expiration of permit"
To bring your property into compliance:
All inspections shall be completed and the permit for a new single family dwelling
shall have all inspections completed and a certificate of occupancy issued.
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.
"incerl�ly
4-afir Art
Peggy ry
Building Compliance Officer
pc: Vl-0700061
BCN-050358
SERVICE,TEAMWORK,INTEGRITY,QUALITY
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Si ture
item 4 if Restricted Delivery is desired. �, Agent
• Print your name and address on the reverse X .addressee
so that we can return the card to you. B. Received by(Printed ) C. Date of Delivery
• Attach this card to the back of the mailplece,or on the front if space permits. t� P-.C r4- 2-0
D. Is delivery address different from item 1? 0 Yes
1. ktcle Addressed to: Weld County PIanni delivery address below: 0 No
R 1 CEPar`tmenc
RUSSELL G MARK
1672 SMOKE RIDGE DR APR 2 :3 2007
COLORADO SPRINGS CO 80919 y9
RF c.t fA Mail 0 Express Mail
❑Registered 0 Return Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7005 1160 0001 4538 1325
(Transfer from service I
PS Form 3811,February 2004 Domestic Return Receipt 1025es0241-1540
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