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Home My WebLink About20070076.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600148 AGAINST RICKY AND MICHELE SWENSON 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, Ricky and Michele Swenson, VI #0600148, 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 9th day of January, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Ricky and Michele Swenson 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 Ricky and Michele Swenson 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. 2007-0076 PL0824 OP : PL plot _. O/ ozs-07 VIOLATIONS -VI #0600148 - RICKY AND MICHELE SWENSON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D., 2007. BOARD OF COUNTY COMMISSIONERS WEL OUNTY COLORADO ATTEST: - �j jet0f;%i id E. Long, Chair Weld County Clerk to the Boa i 1-71861 // :m . J i!!f Tern BY: Deputy Clerk to the Board 111i�m . Garcia APP V AS TO • �, Robert D. asden o A orney Dougla R dema er Date of signature: __ 1/2 y/6 7 2007-0076 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Ricky A and Michele R Swenson Violation Number: VI-0600148 Building Permit Number: BCS-050368 Address: 5111 Yucca CT, Johnstown, CO 80534 Legal: Lot 7, Block 2, Northmoor Acres, Weld County, Colorado Location: North of and adjacent to County Road 42, East of and adjacent to County Road 11 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1061-24-3-03-004 Acres: 1.24 Certified mail date: December 18, 2006 Received: December 26, 2006 Currently the property is in violation of: Chapter 29, Article VIII, Section 29-8-40 REMEDY To bring the property into compliance, the permit for an addition to a detached garage shall have all inspections completed and a final approval. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as the last inspection was on December 1, 2006, but no corrections had been made. CASE HISTORY March 1, 2006 Letter to remind of April 1, 2006, permit expiration. April 3, 2006 30-day violation letter issued. September 6, 2006 Letter to remind of October 8, 2006, permit expiration. October 9, 2006 30-day violation letter issued. November 15, 2006 Inspection scheduled, no one home. November 20, 2006 10-day letter to reschedule inspections. December 1, 2006 Inspection scheduled, no corrections had been made. December 18, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. • 2007-0076 • 0 DEPARTME-,T OF PLANNING SERVICES cif Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Will eFax: (970) 304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 December 18, 2006 RICKY A and MICHELE R SWENSON 5111 YUCCA CT JOHNSTOWN CO 80534 Subject: VI-0600148, Lot 7, Block 2, Northmoor Acres, Weld County, Colorado Dear Mr. and Mrs. Swenson: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 9,2007,at 10:00 a.m., to consider the violations. The property is in violation of the following Section of the Weld County Code: Section 29-8-40 "Expiration of permit." ' To bring your property into compliance: All inspections shall be completed and a final approval issued on the permit for an addition to the attached garage. 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 /co�ntPa�ct me at the above address, telephone number or e-mail address. Srely, neratePeggy Gregory 4 Y Building Compliance Officer pc: VI-0600148 BCS-050368 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal Servicerr., CERTIFIED MAIL,., RECEIPT E' (Domestic Mail Only;No Insurance Coverage Provided) F.r.elivery inf.rmati.n visit.ur we.site al www.us.s.c.m- Ln (5am,; II I L USE Postage $ O Certified Fee PmMe k Return Receipt Fee Here (Endorsement Required) Redone edm Delivery Required) (FsersemeDtRegyiFee Total Postage 8 Fees $ Lr'I 0 , t M1 Ricky A and Michele R Swenson .street,Apt.No.; or POBox No. 5111 Yucca CT City.State,ZIP.-4 Johnstown CO 80534 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 k Signal Item 4 if Restricted Delivery is desired. 0 Agent X ,• Print your name and address on the reverse ID Addressee so that we can return the card to you. B. Received by(Printed Name) Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 02-201-0G 1 Article Addressed to: D. Is delivery address different from Rem 1? UYes If YES,enter delivery address below: 0 No RICKY A & MICHELE R SWENSON 5111 YUCCA car ty planning Deprtment JOHNSTOWN CO 5 REELEY OFFICE 3. DEC 2 6 2006 fCCertH Mail ❑ Express Mall Registered ❑ Return Receipt for Merchandise RECEIVE Q°�„ctd Delivery?1:3 Fee) CI Yes 2. Article Number 7005 1160 0001 4537 9919 (Transfer from service lab PS Form 3811,February 2004 Domestic Return Receipt 1025eso2-M-1540 Le- t. DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE ' 918 10th Street C Greeley, CO 80631 O 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 November 20, 2006 RICKY A and MICHELE R SWENSON 5111 YUCCA CT JOHNSTOWN CO 80534 Subject: Permit# BCS-050368—Lot 7, Block 2, Northmoor Acres, Weld County, Colorado Dear Mr. and Mrs. Swenson: Inspections were scheduled on the above noted permit for an addition to the detached garage at 5111 Yucca Court on November 15, 2006; however, no one was home so inspections could not be completed. Failure to complete inspections within 10 days from the date of this letter will result in this case being scheduled with the Board of County Commissioners. 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,647, rt Peggy Gregory Building Compliance pc: BCS-050368 VI-0600148 SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 ID Website: vvww.co.weld.co.us E-mail Address: pgregory(a)co.weld.co.us Phone: (970) 353-6100, Ext. 3568 C 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 October 9, 2006 RICKY A and MICHELE R SWENSON 5111 YUCCA CT JOHNSTOWN CO 80534 Subject: VI-0600148, Lot 7, Block 2, Northmoor Acres, Weld County, Colorado Dear Mr. and Mrs. Swenson: It has been determined that the property located at 5111 Yucca Court 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 an addition to the detached garage shall have final approval. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,we have no discretion if this matter is not resolved within 30 (thirty)days from October 9,2006. 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. ArtPeggy Gregory Building Compliance Officer pc: BCS-050368 VI-0600148 DEPARTMENT OF PLANNING SERVICES Building Com pliance Division NORTH OFFICE ' g918 10th Street Greeley, CO 80631 C 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 September 8, 2006 RICKY A and MICHELE R SWENSON 5111 YUCCA CT JOHNSTOWN CO 80534 Subject: Permit#BCS-050368—Lot 7, Block 2, Northmoor Acres, Weld County, Colorado Dear Mr. and Mrs. Swenson: It has come to the attention of the Department of Building Inspection that a permit for an addition to the detached garage at 5111 Yucca Court was issued on August 24,2005. According to our records,this permit will expire on October 8, 2006, 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 schedule 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. Sincerely, Peggy Gregory Building Compliance pc: BCS-050368 VI-0600148 SERVICE,TEAMWORK.INTEGRITY.QUALITY ti;Nsit, DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 IWebsite: www.co.weld.co.us E-mail Address: poreciorvaco.weld.co.us Phone: (970) 353-6100, Ext. 3568 C. 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 3, 2006 RICKY A and MICHELE R SWENSON 5111 YUCCA CT JOHNSTOWN CO 80534 Subject: VI-0600148, Lot 7, Block 2, Northmoor Acres, Weld County, Colorado Dear Mr. and Mrs. Swenson: It has been determined that the property located at 5111 Yucca Court 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 an addition to the detached garage shall have final approval. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,we have no discretion if this matter is not resolved within 30 (thirty)days from April 3,2006. 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. incer.ly, -girt An Peggy Gregory Building Compliance Officer pc: BCS-050368 VI-0600148 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE C I 918 10th Street Greeley, CO 80631 0 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 1, 2006 RICKY A and MICHELE R SWENSON 5111 YUCCA CT JOHNSTOWN CO 80534 Subject: Permit# BCS-050368— Lot 7, Block 2, Northmoor Acres, Weld County, Colorado Dear Mr. and Mrs. Swenson: It has come to the attention of the Department of Building Inspection that a permit for an addition to the detached garage at 5111 Yucca Court was issued on August 24, 2005. According to our records,this permit will expire on April 1, 2006, 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 schedule 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. Si erely, # 9141 Peggy Gregory Building Compliance pc: BCS-050368 SERVICE.TEAMWORK.INTEGRITY.QUALITY 111111111111 !III NEI 1111111111 11111 111 111111111 Mil 3139828 12/30/2003 12:OOP Weld County, CO 1 of 1 R 6.00 D 24.90 Steve Moreno Clerk& Recorder n SPECIAL WARRANTY DEED V/ TIIIS DEED. Made this 26th day of December . 2003. between Novae tar Mortgage, Inc., A Virginia Corporation a corporation duly organized and existing under and by virtue of the laws of the SStumpf4.65p,,,ri .of the flan part.and Ricky Hy. Swenson and Michele R. Swenson Q' whose legal address is 5111 Yucca Court, Johnstown, Colorado 80534 of the County of Weld .end Slate of Colorado .of the second pan: WITNES.SETH.Thai the said party of the tint part for and inconsideration of the sin of TWO HUNDRED FORTY NINE THOUSAND AND NO/100 -DOLLARS,($249,000.00 ), to the mid party of the first pun.in hand paid by the said ponies of the second pan.the receipt whereof is hereby confessed and acknowledged.hat granted.bargained.sold and conveyed.and by these presents does grant.bargain,sell.convey and confirm. unto the said parties of the second part,not in tenancy in common but in joint tenancy,the survivor of them their assigns and the heirs and assigns of such survivor forever.all the following described lot(s)or paeel(s)of land.situate.lying and being in the County of Weld .and Stare of Colorado.to wit: Lot 7, in Block 2, Northmoor Acres, County of Weld, State of Colorado also known by street and number as 5111 Yucca Court, Johnstown, CO 80534 TOGETHER with all and singular the hereditanlents and appurtenances!hereunto 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 descend whatsoever of the said party of the lust pan,either in law or equity,of,in and to the shove hargaind premises. with site hetediulsrnls and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances,unto the mid panics of the second part.the survivor of them,their assigns and the heirs and assigns of such survivor forever. And the said party of the lint part.for itself and its successors,covenants and agees to and with the said parties of the second pan.the survivor of them its assigns and the heirs and assigns of such survivor.the above-bargained premises in the quiet and peaceable posreeslon of the said parties or the second part,die survivor of therm their designs and the heirs and assigns or such survivor,against all and every person or persons lawfully claiming or to clam the whole or any)art thereof,by.through Or under the said pony of the first part.to WARRANT AND FOREVER DEPEND. • The singular masher shall ineWde the plural.the plural the singular.and the tare of any gender shall be applicable to all genders. IN WITNESS WHEREOF.the said party of the first pan has caused its corporate name to be hereunto subscnhd by its .and its corporate seal to be hereunto affixed,attested by its . the yearday and first ahoy wrijtteen. Novae Star STATE OP L\ �'iu Otati1 ) COUNTY OF 3tAt ^ )ss c foes:pe-oin stnurz 5w ackno ed dhefureme th's 26th day of December . 2003,6 at\ l�_{ V)0-VICSIAe4. 1 - ti1Oaaa ec 'k'1or1�a�.,rrtc. AU`,4-kfnl. f AOT MIEN , Notary Pubic•Wary Seal \ y Commission arks("Missouri lines.my fund adaSSAltiunly My CarrmiY4on Expires / o?(1 n,0, ( oaary rumba SPECIAL WAn2AYTY nEes TO JOINT TENANTS.CnpoeWam wwoaiMn1 ` �/�COJ Rile L9111M, al Weld County Building Inspection Department 1555 North 17th Avenue,Greeley,CO 80631 970-353-6100,Ext.3540 Fax: 970-304-6498 Permit# BCS-050368 Status ISSUED Applied 07/25/2005 Issued 08/24/2005 Expires 04/01/2006 Job Address 5111 YUCCA CT NOM Job Location 5111 YUCCA CT L7 B2 NORTHMOOR 1ST Job Description 1120 SF ADDITION TO EXISTING DETACHED GARAGE ON DIRT FLOOR-FOR PERSONAL STORAGE-NO UTILITIES. 4%OK DWELLING BUILT 1977 BP40804 -DETACHED GARAGE Occ. Class U Construction Type: V-B Zone District AGRICULTURAL Parcel Number 1061-24-3-03-004 • 1997 UBC Valuation$20,406.40 APPLICANT SWENSON RICKY 08/09/2005 Phone: 970-587-6660 5111 YUCCA CT JOHNSTOWN CO 80534 CONTRACTOR OWNER 08/09/2005 OWNER SWENSON RICKY A&MICHELAE 1L08/09/2005 Phone: 970-587-6660 5111 YUCCA CT JOHNSTOWN CO 80534 Minimum Required Zoning Setbacks N- 6 S - 20 E- 6 W- 6 ALL SETBACKS FROM LOT LINE HOUSE BUILT IN 1977 4 %OK FEE SUMMARY Total Permit Fees $349.75 Total Payments .00 Balance Due $0.00 FEE BREAKDOWN SUMMARY Item#Description Account Code Tot Fee Paid Prv. Pmts Cur.Pmts 2010 Building Permit 100025100-42 299.75 299.75 299.75 .00 2040 Building Plan C 100025100-42 50.00 50.00 50.00 .00 NOTICE The applicant,agents and employees shall comply with all the rules,restrictions and requirements of Weld County Zoning and Building Code Ordinances governing location,construction,demolition and erection of the above proposed work for which this permit is granted.The building Official is authorized to order the immediate cessation of work at any time a violation of the adopted codes or regulations appears to have occured. Violations of any codes or regulations may result in the revocation of this permit. Buildings must conform with the plans as submitted to the Building Inspection Department. Any changes to the plans or lay-out must be approved prior to construction. Any changes in the use or occupancy of the building must be approved. It shall be the duty of the property owner or the person doing the work authorized by this permit to notify the Weld County Building Inspection Department that such work is ready for inspection. This permit shall expire by limitation and become null and void if the building or work authorized by this permit is not commenced within 180 days from the date this permit is issued,or if the building or work authorized by this permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can recommence a new permit shall be required and the charge shall be 1/2 the fee under the current Weld County Building Inspection Fee Schedule provided that such suspension or abandonment has not exceeded five(5)years. When suspension or abandonment has exceeded five(5)years,the permittee shall pay the full permit fee under the current fee shcedule. Weld County is not liable for workmanship. Permits are not transferable. ! 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