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Home My WebLink About20071305.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST ABSTAR DIENGDOH 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,Abstar Diengdoh, VI#0600115/0600116, 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, Abstar Diengdoh, 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 June 22, 2007, to allow adequate time for the property owner to submit all applications for the mobile homes to bring the 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 #0600115/0600116 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Abstar Diengdoh 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 June 22,2007,to allow adequate time for the property owner to submit the appropriate applications for the mobile homes to bring the subject property into compliance. 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 Abstar Diengdoh 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. 2007-1305 PL0824 ° : PL l✓/oc_, 0S ay-c�7 VIOLATIONS - VI #0600115/0600116 -ABSTAR DIENGDOH 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. BOARD OF COUNTY COMMISSIONERS WELDW. NTY, COLORADO ATTEST: 44472/��/ '' 11-;114-t n . A S 's% id E. Long, Chair , Weld County Clerk to the Boar:r 1861 + r) a. II H. er'e Pro-Tem BY: C�� t In let Deputy Clerk to the Board On ♦ � ' 'am F. Garrciatt n AP D A �� `•, VV�/� Robert D. Masden ounty Attorney 'cz au,LLC ar�sz, Icurr .w DouglasRademache r Date of signature: C-03-07 2007-1305 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Abstar R Diengdoh Violation Numbers: VI-0600115 and VI-0600116 Building Permit Number: PRN-063049 Address: 709 and 711 North 28th Avenue, Greeley, CO 80631 Legal: Lots 1 and 2, Pulliam Subdivision, Weld County, Colorado Location: North of and adjacent to F Street and West of and adjacent to 281h Avenue North: Agricultural property South: R-1 East: Agricultural property West: Agricultural property Parcel Numbers: 0805-36-0-04-006 and 0805-36-0-04-007 Certified mail date: April 17, 2007 Received: April 23, 2007 Currently the property is in violation of: Chapter 29, Article VII, Section 29-7-10 REMEDY To bring the property into compliance, the permit for the mobile home on Lot 1 shall be issued, all fees paid, and all inspections completed. A permit application and all applicable documentation shall be submitted for the mobile home on site on Lot 2. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney but delay action for 30 days as Mr. Diengdoh has stated he will pick up the permit in June and submit a permit for Lot 2. CASE HISTORY February 22, 2006 Complaint that the mobile homes in Lots 1 and 2 do not meet setbacks and have no building permits February 24, 2006 10-day letter to submit permit applications for the two mobile homes March 1, 2006 Phone message from Mr. Diengdoh, he stated the mobile homes have been there for years and he did get a permit to replace the one in Lot 1 and he will bring it in March 7, 2006 Mr. Diengdoh was in the office, he does not have building permits for the mobile homes March 23, 2006 10-day letter outlining options regarding mobile homes April 5, 2006 Mr. Diengdoh met with Roger Vigil, Chris Gathman and I. He has decided to move the homes back to meet setbacks 2007-1305 Violation Summary VI-0600115 and VI-0600116 page two May 4, 2006 Phone call from Mr. Diengdoh. He has contacted someone to move the home on Lot 1 and will be in to submit a permit application June 9, 2006 Left message for Mr. Diengdoh to call me June 12, 2006 Phone call from Mr. Diengdoh, he will be in to get permits as soon as possible July 12, 2006 30-day violation letter issued July 18, 2006 Phone call from Mr. Diengdoh, he will get permits by August 1, 2006 August 23, 2006 10-day letter to submit permit applications August 29, 2006 Phone call from Mr. Diengdoh, he will be in on September 4, 2006, to get permits September 15, 2006 Phone call from Mr. Diengdoh, he is working with the Health Department to approve the existing septic system September 18, 2006 Permit application submitted for home in Lot 1 October 4, 2006 Phone call from Mr. Diengdoh, he is questioning the permit fee. I spoke with Wendi Inloes regarding the road impact fee April 17, 2007 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners April 26, 2007 Phone call from Mr. Diengdoh, he stated he will be ready to pick up the permit in June. I advised him he will need to appear before the Board of County Commissioners at this point. • a DEPARTMENT OF PLANNING-SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 pgregory@co.weld.co.us I Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 O SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 April 17, 2007 ABSTAR R DIENGDOH 322 N 21 AV GREELEY CO 80631 Subject: VI-0600115 AND VI-0600116, Lots 1 and 2, Pulliam Subdivision, Weld County, Colorado Dear Mr. Diengdoh: 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 of the Weld County Code: Section 29-7-10 "Permits required." To bring your property into compliance: Lot 1 —A permit application and all applicable documentation shall be submitted for the mobile home on site. Lot 2—The permit shall be issued, all fees paid, and all inspections completed. 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. ely �� ',��"A` /� Peggy Gregory Building Compliance Officer pc: VI-0600115 VI-0600116 PRN-063049 Wendi Inloes, Planning Coordinator SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTM. ,T OF PLANNING SERVICES 6-ea6 Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 pgregory@co.weld.co.us us Phone: (970) 353-6100, Ext. 3568 ipe Fax: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 COLORADO Fax: (720) 652-4211 August 23, 2006 ABSTAR R DIENGDOH 322 N 21 AV GREELEY CO 80631 Subject: Lot 1 and Lot 2, Pulliam Subdivision, Weld County, Colorado Dear Mr. Diengdoh: I have spoken with you several times regarding the two mobile homes at 709 and 711 North 28t1' Avenue. We agreed that you would get building permits for both homes and,during the process, move them so they meet the required County setbacks. You came into the office in July to pick up the permit application but, to date, nothing has been submitted. It has now been six months since I first contacted you to advise you of the violation. Failure to submit permit applications and all the required documents within 10 days from the date of this letter will result in a notice to appear before the Board of County Commissioners to consider whether to refer the case to the County Attorney's Office for legal action. Should you have any questions, I may be reached at 970-353-6100, Ext. 3568. Sincerely,OriyArt Peggy Gregory Building Building Compliance pc: VI-0600115 VI-0600116 SERVICE.TEAMWORK.INTEGRITY,QUALITY a DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregory(ahco.weld.co.us WI I PC. Phone: (970) 353-6100, Ext. 3568 Fax: (9(970)) 30 304-6498 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 July 12, 2006 ABSTAR R DIENGDOH 322 N 21 AV GREELEY CO 80631 Subject: VI-0600115 & VI-0600116, Lots 1 and 2, Pulliam Subdivision, Weld County, Colorado Dear Mr. Diengdoh: It has been determined that the properties located at 709and 11 North 28th Avenue are currently in violation of the following Section of the Weld County Code: Section 29-7-10 states that no mobile, manufactured, or factory-built home,as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official. To bring your property into compliance with the Weld County Code: Permits shall be obtained for the mobile homes and they shall be moved to meet required setbacks. 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 July 12, 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. Gely, Peggy eggy Gregory Building Compliance Officer pc: VI-0600115 VI-0600116 DEPARTMt IJT OF PLAN NING SERVICES 6 Building Compliance Division.44% NORTH OFFICE 918 10th Street, Greeley, CO 80631 pgregory@co.weld.co.us • l ID Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 COLORADO Fax: (720) 652-4211 March 23, 2006 ABSTAR R DIENGDOH 322 N 21 AV GREELEY CO 80631 Subject: Lot 1 and Lot 2, Pulliam Subdivision, Weld County, Colorado Dear Mr. Diengdoh: I have previously contacted you regarding the two mobile homes at 709 and 711 North 28th Avenue. When you were in the office on March 7,2006,we discussed having an inspector go to the site to confirm setbacks and that was completed on March 13. There are no property pins to verify the property lines but the inspector has determined that the homes do not meet the required setbacks. I spoke with one of the planners in our office to inquire what options you may have: 1) apply for a variance to allow the homes to stay where they are. That application is$710.O0 and would have to be approved by the Board of Adjustment. 2) move both of the homes to meet the required setbacks. 3) have a survey performed of the property to determine the exact property lines. You had attempted to find permits for both of the homes on Lots 1 and 2 and were unable to do so;therefore a building permit for each home will be required. Please contact me within 10 days from the date of this letter as to your decision so we can resolve this matter. Should you have any questions, I may be reached at 970-353-6100, Ext. 3568. Sincerely, C4r/Ardi Peggy Gregory Building Compliance pc: VI-0500391 VI-0500407 VI-0600115 VI-0600116 Ann Siron, Zoning Compliance Officer SERVICE,TEAMWORK.INTEGRITY,QUALITY DEPARTML.,IT OF PLANNING SERVICES jitt6 Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 pgregory@co.weld.co.us s I Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 C SOUTHWEST OFFICE O 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 COLORADO Fax: (720) 652-4211 February 24, 2006 ABSTAR R DIENGDOH 322 N 21 AV GREELEY CO 80631 Subject: Lot 1 and Lot 2, Pulliam Subdivision, Weld County, Colorado Dear Mr. Diengdoh: It has come to the attention of the Department of Building Inspection that there are two mobile homes(one on each lot described above)and there is no record of building permits. It has also been noted that the mobile homes may not meet the minimum setback/offset requirements. Chapter 29, Article VII, Section 29-7-10 of the Weld County Code states: No mobile, manufactured,or factory-built home, as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official. Chapter 29, Article VII, Section 29-7-50 states: A plot plan of the property at suitable scale shall be submitted when application for a permit is made,to show the location of the home. The plot plan shall include distances from the property lines and other structures on the property; access to the property, location and measurements of any easements or rights-of-way; identification of any county, state or federal roads or highways;and any existing structures and their use on the property. I have enclosed permit applications for your convenience. Failure to submit the forms and all required documents within 10 days from the date of this letter will result in a violation notice. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, Aert Peggy Gregory Building Compliance pc: VI-0500391 VI-0500407 Ann Siron, Zoning Compliance Officer SERVICE,TEAMWORK,INTEGRITY,QUALITY a (rierovi DEPARTMENT • DOF PLANNING SERVICES Code Compliance Division impe 918 Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS ,Complaint Initiated by: ZONING CODE COMPLAINT &''Staffs ame:Lit61-17 rS 4 ❑ Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): ❑ /WELD COUNTY SHERIFF'S OFFICE,/ ):ANIMAL CONTROL Phone Number(If known BUILDING CODE COMPLAINT ❑ PUBLIC WORKS PEST& WEEDS Date Complaint was received: -;1- � Pending Case#(i.e. USR, RE, SE, ect...): /�.�k ;74,; y Legal Description: belt-,� ('t�' A `� � .�/)� Parcel #: ` -'��' 'O1-tr,{ Y Violation Address: 11 ( `�� tic) r,Ll:4 � �-?�- "� `�� C. � 476'0(1'3 I Property Owners Name: LC I )y(1101\AI � ) l(¢ l Phone: Property Owners Address: 3,9—) Ni �, I Si % C Tenant's Name: ./16-0 k_ P I '2 LCr" Phone: Tenants Address: -71/ / j (17/1)(c. t `� NATURE OF COMPLAINT: PC / ) c (du a_n i)-)nl t LL )1--)( t-h (-)l 1 ./7 ( ./(0l ..1,4 ;tilt )6.-?,v.‘ . Additional Notes: Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R1380286 Parcel#: 080536004006 Tax Area: 0685 Bordering County: Acres: 0.1708 Township Range Section_Quart. Sec. Subdivison_Name Block# Lot# 06 - 66 - 36 - 0 PULLIAM - - 2 Owners Name&Address: Propel Address: DIENGDOH ABSTAR R Street: 322 N 21 AVE City: GREELEY, CO 80631 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description 18030C L2 PULLIAM SUB Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Mobile Home 1135 Square Feet 7442 Land Subtotal: 7442 $9,675 $770 No Buildings on Parcel http://maps.merrick.com/W ebsite/W eld/setSq l.asp?cmd=QUERY&DET=PP&pin=08053... 02/23/2006 Building Details Page 1 of l Building Details Account#: M0003191 Parcel#: 080536004006 Owners Name&Address: PropertyAddress:_ DIENGHOH ABSTAR R Street: 711 N 28 AV GREELEY 322 N 21 AVE City: GREELEY GREELEY, CO 80631 Building# Property Type 1 Mobile Home Individual Built As Detail Built As: Single Wide Year Built: 1974 Exterior: Metal Siding HVAC: Forced Air Interior Finish: Paneling Built As SQ Ft: 938 # of Baths: 1 Roof Type: # of Bdrms: 2 Roof Cover: Metal Ribbed # of Stories: 0 Rooms: 4 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Mobile Home Details MN Make MH Length MH Width Vindale 0 0 http://map s.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=Building&pin=... 02/23/2006 • • I i . _. 4 I i .4 ':::-.....:-::::' co C• ti c U ti N: LA. .:.;.:.4'4.. 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Mc.Ha /�rva/L.r le teutt:a cam-�D�d fi`ftiwt .•tic ins DEED OF TRUST S a conveyance of rod property to the Pubic Inratas of the County in witch the property described below is located.it hes bean signed and delivered by the"Debtor to secure the"brdebeadriees"owing to the o, "Secured Party".The names and facts pertinent to this security transaction re:a Debtor: • IMarrw(s) ABSTAR DIENGD0H also known as ABSTAR R. DIENGD0M Addresa(es) 709 No. 28th Avenue, Greeley, CO 80631 Marital Status Single • Secured Party: • Names(s) L0YD and JOYCE G. BERLIER Addressles) P . 0. Box 262 Columbus, New Mexico 88029 UN Indebtedness: o Give tfee dne,trnoiait,and promissory note dated January 2, 1981 in the amount of o mat,aity of note(s);or she $24,000.00 payable in 240 equal installments, final payment description of other being due January; 16, 2001 form of indebtedness. Rd Property Description and Address: 1.1 Lots 1 8 2, Pulliam Subdivision, County of Held, Colorado, a subdivision of a pert of the Northwest Quarter of the Southeast Quarter (Nile SE's) of Section 36. 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