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Home My WebLink About20072863 RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION BCV #0701011 AGAINST ROSA PEREA 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,Rosa Perea, BCV#0701011,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, Rosa Perea 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 Rosa Perea 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. • 2007-2863 /1�I PI , ljjoc. PL0824 lOct -07s=O7 VIOLATIONS - BCV#0701011 - ROSA PEREA 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. BOARD OF COUNTY COMMISSIONERS !)4I WELIUNTY, COLO' DO ATTEST: 4 I` aT"s '�s�� • �_ ._ avid E. Long, Chair V Weld County Clerk to the EXCUSED William� j r -Tem BY: ��i�►l a� ►I'' r �� 1 De,!ty Cler to the Board Wiliam F. Garcia a- ED A kK2-- Robert D. Masden ounty Attorney w rr gla ademach f Date of signature: (;11940-7 J1 2007-2863 PL0824 Violation Summary Report BASIC INFORMATION PEREA ROSA Tenant: Compliance Officer: Peggy Gregory Violation Number: BCV07-01011 Situs Address: 18790 HWY 392 Legal: 13678 PT NE4NE4 19 6 65 LYING W OF UPRR& N OF#2 CANAL EXC BEG NW COR E2NE4 E324'TH S TO#2 CANAL TH WLY ALG CANAL 328'TOW LN E2NE4 TH N TO BEG (.5R) %18790 HWY 392% SITUS: 18790 392 HWY WELD 00000 Location: Location Southwest corner of Highways 85 and 392 North C-3 South Agricultural East C-3 West Agricultural Parcel Number: 080319000011-R1263886 Acreage: 0.75 Certified Mail Date: 06/15/2007 Currently the property is in violation of: 29-8-40"Expiration of permit." A. Every permit issued by the Building Official under the provisions of this Building Code shall expire by limitation and become null and void after the given utilization period has elapsed. The utilization period begins on the date of permit issuance. B. Exceptions. When a permit is issued, the Building Official may approve an expiration date exceeding the utilization period. The permittee must demonstrate that the complexity or size of the project makes completion of the project within the utilization period unreasonable. C. 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. (Weld County Code Ordinance 2006-3) REMEDY The Department of Planning Staff recommends this case be referred to the County Attorney for immediate action as there have been no inspections since November, 2006, and no response from my correspondence. RECOMMENDATION The Department of Planning Services recommends this case be referred to the County Attorney's office for immediate action as there have been no inspections since November, 2006, and no response from my correspondence. LETTER HISTORY 05/09/2007 Complaint Validated 05/09/2007 LTTR: Violation Notice 06/15/2007 Hearing Letter Sent 06/15/2007 LTTR: Hearing Notification cf) 08/21/2007 Hearing Letter Sentco OTHER CASE HISTORY N- 04/11/2007 EXPIRATION REMINDER LETTER TO REMIND OF 05/07/06 EXPIRATION DATE o 08/21/2007 Phone Call Left message for Mr. Franco on his cell phone that the N violation is scheduled for the BOCC hearing on 09-11-07 Violation Summary Report at 10:00. 09/04/2007 Phone Call Spoke to Jose Franco, Jr. (Mr. Franco"s son) and asked him to remind his father of the violation hearing on 09/11/07 at 10:00. Mr. Franco was with him and his son told him while I was on the phone. DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 pgregory@co.weld.co.us r eg o ry@ c o.we l d.co.u s I Phone: (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 August 21, 2007 JOSE FRANCO and ROSA PEREA 18790 HWY 392 LUCERNE CO 80646 Subject: BCV07-01011, Part of the NE4NE4 of Section 19, T6N, R65W, of the 6th P.M., Weld County, Colorado Dear Mr. Franco and Ms. Perea: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 11, 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 a final approval issued on the permit for a basement remodel. 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. Sincerely, Peggy Gregory Building Compliance Officer pc: BCV07-01011 BCN-060155 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal ServiceT,n m CERTIFIED MAIL,,,, RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivery int.rmati•n visit•ur we•site at www.us•s.c•me m0 I USE Postage $ Certified Fee O Return Receipt Fee - Postmark O (Endorsemnnt Required) Her Her .n Restricted Delivery Fee C (Endorsement Required) ra Total Postage&Fees $ Sent ro o Jose Franco and Rosa Perea (ti -b`rraer,Apt No.; orPCB0xNo. 18790 HWY 392 City,Stare,ZIP+4 Lucerne CO 80646 PS Form 3800,June 2002 See Reverse for Instructions • DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 pgregory@co.weld.co.us ilk Phone: (970) 353-6100, Ext. 3568 Fax: (970)304-6498• SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 COLORADO Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 June 15, 2007 JOSE FRANCO and ROSA PEREA 18790 HWY 392 LUCERNE CO 80646 Subject: BCV07-01011, Part of the NE4NE4 of Section 19, T6N, R65W, of the 6'h P.M., Weld County, Colorado Dear Mr. Franco and Ms. Perea: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on July 10, 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 a final approval issued on the permit for a basement remodel. 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. g,dy, eQ /' Peggy�re'ory V 4 Building Compliance Officer pc: BCV07-01011 BCN-060155 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal ServiceTr,, CERTIFIED MAIL,. RECEIPT ut (Domestic Mail Only;No Insurance Coverage-Provided) ru F•r•elivery int.rmati•n visit ur we•sile at www.us•s.o•mm a; In 7 Postage $ Certified Fee p Postmark Return Rece Fee Here (Endorsement Required) p Restricted Delivery Fee -.0 (Endorsement Required) rR Total Postage&Fees L C) ent To p Jose Franco and Rosa Perea N -Street Apt.No.; arPOBox Na. 18790 HWY 392 City.State,ZIP+4 ucerne CO 80646 PS Form 3800,June 2002 See Reverse for Instructions Weld County Planning Deparh...Jnt r GREELEY OFFICE © fl llig cY" U1 2007 E a11j� w i C#WED N b b.ID� --Q - 4 a4IN o � 4 any I V .b. _ w� o re W o w a InallIIIIIIIIMI 14 CD 41 iZ m • IT la ii 0 C Don N U M O'' U i /4 4Jr' - i W,o“W . , . N 7r a.J 04'0 C) 9 a r a .s'. ra , y 1 4•a� :" � 4 ,. to ,� n � ' E a ✓ a Q a 101414,i, �F .•' m U w v O+$ `=,s1 E 8c g, we; tici d� L room 0 � .,< �� y. ° � ° O:a p DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregorv(o)co.weld.co.us CPhone: (970) 353-6100, Ext. 3568 O Fax: (9(970) 3 304-6498 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 May 9, 2007 JOSE FRANCO and ROSA PEREA 18790 HWY 392 LUCERNE CO 80646 Subject: BCV07-01011, Part of the NE4NE4 of Section 19, T6N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. Franco and Ms. Perea: It has been determined that the property located at 18790 Highway 392 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 a final approval issued on permit number BCN-060155 for a basement remodel. 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 May 9,2007. 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. ce ;ly, Peggy regory Building Compliance Officer pc: BCN-060155 BCV07-01011 a 4.11 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE I 918 10th Street Greeley,CO 80631 WI D (9pgregory@co.weld.co.us ld.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 April 11, 2007 JOSE FRANCO and ROSA PEREA 18790 HWY 392 LUCERNE CO 80646 Subject: Permit# BCN-060155—Part of the NE4NE4 of Section 19, T6N, R65W of the 6th P.M., Weld County, Colorado • Dear Mr. Franco and Ms. Perea: It has come to the attention of the Department of Building Inspection that a permit for a basement remodel at 18790 Highway 392 was issued on May 12,2006. According to our records, this permit will expire on May 7, 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. ly, Sr • Peggy Gregory Building Compliance pc: BCN-060155 SERVICE.TEAMWORK,INTEGRITY,QUALITY P-^.drded et o'clor —M,on Book _ F Recorder AR2453940 -`WafralieDeed THIS DEED Is a conveyance of the real property described below, Including any improvements and other appurtenances the "property)from the individual(s).corporatlon(s),partnership(a),or other entity(ies)named below as GRANTOR to the individual(al or entitylies)named below as GRANTEE. The GRANTOR hereby sells end conveys the properly to the GRANTEE and the GRANTOR warrants the title to the property, except for(I)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-way shown of record 0)any patent reservations and exceptions(a)any outstanding mineral interests shown of record(5) any protective covenants and restrictions shown of record.and(t)any additional matters shown below under"Additional Warranty Eaceptione`. The Specific Terms of This Deed Are: Grantor (Give name(s)and platelet Of remdencel rl the spouse of the ownergrantor is pining in this Geed to release homestead rights,identify grantors es husband and wile.) AVA E. ROSE and JUNE R. AYLSWORTH 6356 Pueblo Pass San Angelo, TX 76901 Grantee: (Give neme(s)and addressles):statement of address including available road or street number,is required.) JOSE FRANCO and ROSA PEREA 18790 Hwy. 392 Lucerne, CO 80646 Form of Co-Ownership: (1l mere are Iwo or meregrentees named.they will be considered to take as tenants in common unless the words"in joint tenancy"or words of the same meaning are added in the apace below.) Joint Tenants Properly Description: Include county and slate I See Attached Legal Description 2453940 B-1509 P-516 09/01/95 03:08P PG 1 OF 2 REC DOC Weld County CO Clerk & Recorder 11.00 10.10 Property Address: 18790 Hwy. 392, Lucerne, CO 80646 Consioratlon: (The statement al dollar amount is optional:adequateconuderation for this deed will be presumed unless this conveyance Is identified es a gilt:in any case this conveyance is absolute.Imo and unconditioned) ---ONE HUNDRED ONE THOUSAND AND NO/100 DOLLARS ($101,000.00) R Iona-Restrictions (INMe GRANTOR intends toraserve any interest in the property or to convey less man he owns.Or is theGRANTOR s restricting the GRANTEE'S right in Inc properly.make aporopriate indicebon.I Mineral rights shall be reserved by Grantor I, 0 , Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above( e EXCEPT general taxes for 1995 and subsequent years, and EXCEPT any easements, reservations, restrictions and rights of way, visible or of record; and subject to building and zoning regulations. Esecufe0 by Me Grantor on August 30 19 95 Signaler*Clause lot Corpemtbn,Partnership or Aaeecletbn: signature Claim ler lndlvddu.t(e): Name of Grantor. Corporation.Partnership or Association AVA E. OSE R. Tjl Grantor her attorne -in-fact. �Oean, �r By p7mtor By Allear. L/dfU_1VY.,, R. AYL-u4ARTJ' Grantor STATE OF COLORADO SS. COUNTY OF Weld 1 The foregoing instrument was acknowledged before me this 30th day or August , 19 95 Br• JUNE R. AYLSWORTH, for herself, and as attorn y-in-fact f AVA E. RO E w;TNEss my band and official seat MY celnmlaalan asPkas: 10/16/95 "" � dkac Pubis STATE OF L88 • 918 11 Av.,/ reeley, CO 80631 COUNTY OF : The foregoing instrument was acknowledged Pelage less IF11i day of .19 • 0 By' (r name Indlvidusi Grantor(s)Or If Orator is CorporlRion.PBrtnerimporluoddion.then Idant',y signers as presidentorvice presidentandsecretary or assistant secretary of cmooretion:or as partner(')of.partnership:ones authorized member(')of association.) W ITNESS my nand and olllc4l see. My temmladen expires) NWery Public MO.201 e l lelB1 a. reeA FORMS P.O.6ar oeta13•Greeley..CalwsOO 80690 13031 356'1199 1 FA1 DESCRIPTION FOR ATTACHMENT TO WARRANTY DEED BY AND BETWEEN AVA E. ROSE and JUNE R. AYLSWORTH (GRANTOR) and JOSE FRANCO and ROSA PEREA (GRANTEES) for PROPERTY COMMONLY KNOWN AS 18790 Hwy. 392, Lucerne, CO 80646 SAID DEM DATED August 30, 1995 2453940 B-1509 P-516 09/01/95 03:08P PG 2 OF 2 That part of the East Half of the Northeast Quarter (E1/2 NE1/4) of Section Nineteen (19), Township Six (6) North, of Range Sixty-five (65) West of the 6th P.M., County of Weld, State of Colorado, described as follows; Beginning att -a point 324 feet East of the Northwest Corner (NW Cor) of the East Half of the Northeast Quarter (E1/2 NE1/4) of said Section 19; thence East to the right of way of the Cheyenne Division of the Union Pacific Railway Company; thence Southeast along said right of way to the canal of the New Cache LaPoudre Irrigating Company; thence West along said canal to a point 328 feet East of the West line of the East Half of the Northeast Quarter (E1/2 NE1/4) of said Section 19; thence North to the Place of Beginning. 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