HomeMy WebLinkAbout20072546.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
BCV#0701009 AGAINST FELIX AND BENITA REYES 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, Felix and Benita Reyes, BCV#0701009, 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 14th day of August, 2007, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Felix and Benita Reyes 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 Felix and Benita Reyes 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.
2007-2546
Pt, PL0824
e e P , I/1/4c_c_
VIOLATIONS - BCV07-01009 - FELIX AND BENITA REYES
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of August, A.D., 2007.
r ` ,BOARD OF COUNTY COMMISSIONERS
4:4..t, ' -1;1'., .,WEL COUNTY, COLORADO
ATTEST: 4 __/, A ,,1�necy Cr'�
Y id E. Long, Chair
Weld County Clerk to the Bo 1111
®� CUSED __,
il 'am M. e, o-Trn
BY:
De ty Cle to the Board
William F. Garcia
APP Eli AS TO FOR EXCUSED
,7 l 4f' —Z Robert D. Masden
unty Atto ey cal.-ti ay L Ar2 rtQ ci f
Douglas Ptadema
\)
Date of signature: Ski
2007-2546
PL0824
Weld County Violation Summary
Building Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Felix and Benita Reyes
Violation Number: BCV07-01009
Situs Address: 7890 Henry Street, Fort Lupton CO 80621
Legal: Lot 4, Block 10, Aristocrat Ranchettes 1st Filing, Weld County, Colorado
Location: Between County Roads 16 and 18, East of County Road 31
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Agricultural property
Parcel Number: 1309-27-1-06-001 Acres: .99
Certified mail date: July 20, 2007 Received:
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 the permit to connect two mobile homes
shall have a certificate of occupancy issued.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for immediate
action as this is the second permit issued to attach two mobile homes and there are still numerous inspections to be
completed.
CASE HISTORY
September 20, 2004 Building permit number BCS-040384 issued.
June 3, 2005 Extension granted by Roger Vigil.
April 20, 2006 Building permit number BCS-060147 issued.
September 15, 2006 Letter reminding permit will expire on October 17, 2006.
October 5, 2006 Received request for extension, 180-days granted per Roger Vigil.
April 9, 2007 Letter advising extension has expired, schedule inspection within 10 days.
May 7, 2007 30-day violation letter.
July 20, 2007 Certified letter mailed indicating the violation case is scheduled before the Board of
County Commissioners.
August 8, 2007 Phone call to Mrs. Reyes advising of the violation hearings on August 14, 2007, at 10:00 a.m.
2007-2546
DEPARTMENT OF PLANNING SERVICES
Itt Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
I pgregory@co.weld.co.us
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
•
July 20, 2007
FELIX and BENITA REYES
7890 HENRY ST
FORT LUPTON CO 80621
Subject: BCV07-01009, Lot 4, Block 10, Aristocrat Ranchettes 15' Filing, Weld County, Colorado
Dear Mr. and Mrs. Reyes:
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 29-8-40 "Expiration of permit."
To bring your property into compliance:
All inspections shall be completed and the permit to connect two mobile homes shall
have 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.
fly,
Pegg gory
Building Compliance Officer
pc: BCV07-01009
BCS-060147
SERVICE,TEAMWORK, INTEGRITY, QUALITY
i:rtg:4 DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
• Website: www.co.weld.co.us
E-mail Address:pgregoryanco.weld.co.us
Phone: (970) 353-6100, Ext. 3568
O 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
May 7, 2007
FELIX and BENITA REYES
7890 HENRY ST
FORT LUPTON CO 80621
Subject: BCV07`01009, Lot 4, Block 10, Aristocrat Ranchettes 1st Filing, Weld County, Colorado
Dear Mr. and Mrs. Reyes:
It has been determined that the property located at 7890 Henry Street 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 to connect two mobile homes 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 May 7,2007. 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.
once -ly,
-am hen
Peggy Gregory
Building Compliance Officer
pc: BCS-060147
BCV07-01009
- a
itzt jitru
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
' 918 10th Street
C Greeley, CO 80631
O Greeley,
eld.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
April 9, 2007
FELIX and BENITA REYES
7890 HENRY ST
FORT LUPTON CO 80621
Subject: Permit# BCS-060177— Lot 4, Block 10, Aristocrat 1st Filing, Weld County, Colorado
Dear Mr. and Mrs. Reyes:
On October 6, 2006, you were granted a 180-day extension on the above noted permit to complete the
corrections for final approval on a previous permit to attach a mobile home to the existing mobile home at
7890 Henry Street. According to our records,that extension expires today(April 9,2007), and no inspections
have been completed and none are scheduled.
Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice 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,
4Yr rr
Peggy Gregory
Building Compliance
pc: BCS-060147
SERVICE.TEAMWORK,INTEGRITY.QUALITY
'
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DEPARTMENT OF PLANNING SERVICES
Building Corn pliance Division
NORTH OFFICE
' Street
Greeley,918 CO10th 80631
WI Deo
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
September 15, 2006
FELIX and BENITA REYES
7890 HENRY ST
FORT LUPTON CO 80621
Subject: Permit# BCS-060147 — Lot 4, Block 10, Aristocrat 151 Filing, Weld County, Colorado
Dear Mr. and Mrs. Reyes:
It has come to the attention of the Department of Building Inspection that a permit to complete the corrections
for final approval on a previous permit to attach a mobile home to the existing mobile home at 7890 Henry
Street was issued on April 20, 2006. According to our records, this permit will expire on October 17, 2006,
and none of the required inspections have 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,(7Peggy
Building Compliance
pc: BCS-060147
SERVICE,TEAMWORK INTEGRITY.QUALITY
` a
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
ip 918 10th Street
Gre , CO 80631
pgregoreley eld.co.us
Phone: (970) 3 53-6100, Ext. 3568
I • eley,Fax: (970) 304-6498
COLORADO
SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
Phone: (970)652-4210, Ext. 8730
Fax: (720)652-4211
June 3, 2005
Felix and Benita Reyes
7890 Henry ST
Fort Lupton CO 80621
Subject: Permit# BCS-040384— Lot 4, Block 10, Aristocrat 1st Filing, Weld County, Colorado
Dear Mr. and Mrs. Reyes:
On May 26,2005,you requested an extension for the above noted building permit to attach a mobile home to
the existing mobile home at 7890 Henry Street. I have granted your request to extend the permit to
September 20, 2005. As stated by Bethany Salzman, Zoning Compliance Officer, if all inspections are
completed by that date and the property is still clean; the court case will be dismissed.
Should you have any questions, please contact Bethany Salzman at 970-353-6100, Ext. 3555.
Sincerely,
Roger Vigil
Building Official
pc: BCS-040384
VI-0200020
Bethany Salzman, Zoning Compliance Officer
Peggy Gregory, Building Compliance Officer
SERVICE,TEAMWORK,INTEGRITY,QUALITY
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//7 111111111111111111 IIII 11111111111111111III 11111 IIII III!
2591117 01/27/1998 03:32P Wald County CO
1 of 1 R 8,00 D 0.00 JR Sukl Taukamoto -----
QUITCLAIM DEED
THIS DEED,made this 26th day of January ,lq 98
between Felix and Jose Reyes
of the `County or Weld and State of
Colorado ,grantor,and Felix and Benita Dyes
whose legal address is 7690 Henry St.
of the County-of Weld- antState of Colorado ,grantees:
WITNESS,that the grantor,for and in consideration of the sum of $1.00 *
DOLLARS,
the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold and QUITCLAIMED,and by these presents does
remise,release,sell and QUITCLAIM unto the grantees,their heirs,successors and assigns forever,not in tenancy in common but in joint
tenancy,all the right,title,interest,claim and demand which the grantor has in and to the real property,together with improvements,if any,
situate,lying and being in the County of Weld and State of Colorado,
described as follows: AR10-4 IA Blk 10 Aristocrat Ranchettes Inc.
*One dollar and other good and valuable considerations.
•
also known by street and number as: 7890 Henry St.
assessor's schedule or parcel number: 130927106001
TO HAVE AND TO HOLD the same,together with alland singular the appurtenances and privileges thereunto belonging,or in anywise
[hereunto appertaining,and all the estate,right;tit,,interestand dairmvhaatsocver of the grantor,either in law or equity,to the only proper
use,benefit and behoof of the grantees,their heirs and assigns forever.
The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
STATE OF COLORADO
155.
County of Weld
The foregoing instrument was acknowledged before me this 26th day of January ,1998 ,
by Felix and Jose Reyes.„0""
Witness my hand and official seal,
1 31 A ,st', My commission expires: 03/21/2001
elf in Denver,insert"City and /aLi3\.\C i n P `{'I (^vl J7 - tc-)
f* Notary Putties
•
F l Nene am Amos)of Puun coons Newly cone(no oneneuni lS J5()}ICy,J,CO-52
No.962,Rev.49/. QUITCLAIM DEED(uleint Tssaais) Bradford Publishing)1743 Wrs28r.Denver,CO 80201_(103)291-2500-6-97 (Z„y":
AR198661U B 1047 REC 01986610 10/29/84 12:24 $3.00 1/001
F 1739 MARY ANN FEUSRSTEIN CLERK & RECORDER WELD CO, CO
•
RUTILO BLANCO
whose address is P. 0. Box 224 Stale Documentary Pee
Pot,•..V/r�.Vr�T.2.9..j9E4....
Cilerest County of Weld ,State of
Colorado ,for the consideration of other
valuable consideration and Ten and no/100 - -
dollars,in hand paid, hereby sells) and convey(s) to
FELIX R. YES •and JOSE -REYES, as tenants
in common
whose address is 7899 Henry, Fort Lupton County of
Weld , and State of Colorado the following real property in the
County of WELD and State of Colorado, to wit:
Lot Four (4), Block Ten (10) , in Section
Twenty-seven (27) , Township Two (2) North, Range Sixty-
six (66) West of the 6th P.M. , Aristocrat Ranohettes , Inc.
a Subdivision of Weld County, State of Colorado;
with all its appurtenances, and warrant(s) the title to the same, subject to restrictions,
reservations and conditions of record; to all existing roads, high-
ways, ditches, utilities, canals, pipelines, power, telephone or
water lines and rights-of-way and easements therefor, however evi-
denced; and to the 19811 taxes, payable in 1985.
Signed this �9 z/J day of Oet �� t984�/.
u . .o...B'artCa g:("4
STATE OF COLORADO, ilff
1as.
County of WELD 2n
The foregoing instrument was acknowledged before me this /l
day of October ,19 84,by RUTILO BLANCO.
the
. pfY •••0 ti expires LCJ$ , ' a ✓ g 910
1A);itraki and official seal.
. RUe -' t p = vw,rr.,en:
'7 .. • :.m' Address: 1019 10th Avenue
Of cpt- : Greeley, Colorado 80631
No.547. 5..,s.,r 0..4—s..:r r...-Br..,.m nmr.r.,n.Co..IMai Stout S...n.o.o...,cwo..m—ru;.
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