HomeMy WebLinkAbout20072864 RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION
BCV #0701021 AGAINST ABELARDO VEGA 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, Abelardo Vega, BCV#0701021, 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, Abelardo Vega 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 Abelardo Vega 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.
2007-2864
,� , - t PL0824
(' UIb✓ oc._g5_o7
VIOLATIONS - BCV#0701021 -ABELARDO VEGA
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
EL®;WEL OUNTY, COLORADO
ATTEST: gay
bl�r a '' , 6 13 „ .' cu /4
avid E. Long, Chair
Weld County Clerk to the Baal'+
es EXCUSEDBY: kt6 �
�{► (;,��r, j� Willia� m Jer , o-Tem
De ty Cle to the Boartv
W' lia F. Garcia
(�
AP AS
Robert D. Masden
un ttorney
Dougla Rademach r
/�Date of signature: -I Oft
2007-2864
PL0824
Violation Summary Report
BASIC INFORMATION
VEGA ABELARDO 1711 E 16 ST GREELEY, CO 80631
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV07-01021
Situs Address: 1742 1ST AV
Legal: 12315 PT L5 NW4SW4 9 5 65 LYING S OF THE N461.5' EXC BEG SW
COR OF L5 THENCE E290' N116.15 W290' S116.15'TO BEG ALSO EXC
PORTION FOR R/W OF 1ST AV%1742 1ST AV% SITUS: 1742 1 AV
WELD 00000
Location: Location East of and adjacent to 1st Avenue,just North of Highway
34
North C-3
South C-3
East C-3
West City of Greeley
Parcel Number: 096109300070-R3344786 Acreage: 0.69
Certified Mail Date: 08/29/2007
Currently the property is in violation of:
29-3-10 "Building permit required."
No building or structure regulated by this Building Code shall be erected, constructed,
enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a
separate building permit for each building or structure has been first obtained from the
Building Inspection Department. (Before any demolition permits are issued, approval must
be given by the Department of Public Health and Environment.)
REMEDY
A permit application and all applicable documentation shall be submitted for the uncovered deck.
RECOMMENDATION
Planning staff recommends this case be referred to the County Attorney for immediate action as this
permit has expired and there has been no response from the owner.
LETTER HISTORY
05/22/2007 Complaint Validated
05/22/2007 LTTR: Violation Notice
08/29/2007 LTTR: Hearing Notification
OTHER CASE HISTORY
09/04/2007 EXPIRATION REMINDER Letter to remind of 05/21/07 expiration date.
09/07/2007 Certified Mail Receipt
02/06/2007 Property Inspected NEED PERMIT FOR DECK
02/07/2007 PERMIT SUBMITTED PERMIT SUBMITTED FOR DECK
2007-2864
DE RTMENT OF PLANNING SERVICES
Kati 7;;;;sas.\\ Building Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
iggig C Email Address: pgregory@co.weld.co.us
Phone Number: 970-353-6100 x3568
Fax Number: 970-304-6498
SOUTHWEST OFFICE
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
August 29, 2007
VEGA ABELARDO
1711 E 16 ST
GREELEY, CO 80631
Legal Description: BCV07-01021
12315 PT L5 NW4SW4 9 5 65 LYING S OF THE N461.5' EXC BEG SW COR OF L5 THENCE
E290' N116.15' W290' S116.15' TO BEG ALSO EXC PORTION FOR R/W OF 1ST AV%1742 1ST
AV% SITUS: 1742 1 AV WELD 00000
Dear VEGA ABELARDO
The property reference above is in violation of the Weld County Code. I have scheduled a meeting with the Board of
County Commissiners on:
09/11/2007 10:00 AM
to consider the violations. The property is in violation of the following Section(s) of the Weld County Code:
29-3-10 "Building permit required."
No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered, repaired,
moved, improved, removed, converted or demolished unless a separate building permit for each building or structure
has been first obtained from the Building Inspection Department. (Before any demolition permits are issued, approval
must be given by the Department of Public Health and Environment.)
To bring your property into compliance with the Weld County Code:
A new permit application and all applicable documentation shall be submitted for the repair an
uncovered deck.
A permit application and all applicable documentation shall be submitted for the uncovered deck.
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 Commisioners 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
that 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 wish to see me personally, please call to schedule an appoin tment so that I may reserve a
sufficient amount of time with you.
G)lem A
Peggy Gregory
Building Compliance Officer
pc: BCV07-01021
U.S. Postal Servicem
c CERTIFIED MAIL, RECEIPT
If_ (Domestic Mail Only;No Insurance Coverage Provided)
F•r•elivery iinnt.rmati•n visit•ur we•site at www.us•s.c•m;o
mOFFICiAl
1n
Postage $
'= Certified Fee
O
Return Receipt Fee Poser eric
O (Endorsement Required) Here
, Restricted Delivery Required)
-
`D (Endorsement RegyiFee
rR
Total Postage 8 Fees $
Lrl
Sent To
o Abelardo Vega
M1 or PO Box No. 1711 E 16 ST
City,State.Z/PW
Greeley CO 80631
PS Form 3800,June 2002 See Reverse for Instructions
SEN a E•; C•M•LETE THIS SECT/eN
C r •_fiTE THIS.SEC TI•lJ JN•ELIVE�Y
■ Complete items 1,2,and 3.Also complete �A1 S',n item 4 if
■ Print your name and address on Delivery is the he reverse0 O so that we can return the card to you.red.
Agent
- Attach this card to the back of the mailpiece, -• Addressee
or on the front if space B. (Pdn .:) ''C. D- a of+:ivory
P permits. 313/
1. Article Addressed to: D. Is delivery address d fro i' O yes
If YES,enter delivery address below: O No
ABELARDO VEGA
1711 E 16 ST ;(
GREELEY CO 80631
t' 3. Service Type
♦sr Certified Mail ❑Express Mail
C4 v' i� "Q R� e� ❑Return Receipt for Merchandise
insured Mail O C.O.D.
4. Restricted Delivery?(Extra Fee)
2. Article Number O Yes
(ransferfrom service lan 7005 116 X001 4538 5408
PS Form 3811,February 2004
Domestic Return Receipt
10259502-M-1540
t(i\,196 DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
F
NORTH OFFICE
918 10th Street, Greeley, CO 80631
' Website:www.co.weld.co.us
E-mail Address: pnregory(fto.weld.co.us
C. Phone: (970) 353-6100, Ext. 3568
Fax: (9(970) 30 304-6498
SOUTHWEST OFFICE
COLORADO 4z°Pn n 24.5, Longmont, CO 80504
e: (720) 652 4210, Ext. 8730
Fax: (720)652-4211
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
May 22, 2007
ABELARDO VEGA
1711 E 16 ST
GREELEY CO 80631
Subject: BCV07-01021, Part of the NW4SW4 of Section 9, T5N, R65W of the 6th P.M., Weld County, Colorado
Dear Mr. Vega:
Permit number BCN-070038 has now expired and the property located at 1742 1st Avenue is currently in violation of
the following Section of the Weld County Code:
Section 29-3.10 "Building permit required."
To bring the property into compliance with the Weld County Code:
A permit application and all applicable documentation shall be submitted for repair of the uncovered deck.
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 do not correct this violation within 14(fourteen)days from May 22,2007. 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.
(9.7y,
Pegg gory V st
Building Compliance Officer
pc: BCV07-01021
BCN-070038
a
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
I 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
April 23, 2007
ABELARDO VEGA
1711 E 16 ST
GREELEY CO 80631
Subject: Permit# BCN-070038— Part of the NW4SW4 of Section 9, T5N, R65W, Weld County, Colorado
Dear Mr. Vega:
This letter is to remind you that a permit to repair an uncovered deck at 1742 1s` Avenue was issued on
February 21, 2007. According to our records, this permit will expire on May 21, 2007, and none of the
required inspections have been completed.
Article VIII, Section 29-8-40 of the Weld County Code states that:
Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation
and become void after the given utilization period has elapsed. The utilization period begins on the date of
permit issuance.
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.
Article VIII, Section 29-8-45 states:
A. The Building permit holder may submit a request for an extension of time before the expiration of the
utilization period. The Building Official may extend the Building Permit one time, for a period not to
exceed 180 calendar days. Such request shall include name, address, telephone number, the building
permit number, site address and a description of specific circumstances which prevented completion of
the work prior to the expiration date. A $42.00 fee shall be charged if a building permit extension is
granted.
B. If the Building Permit expires before a request is submitted for an extension, an extension shall not be
granted. To proceed with the same project the following process shall be required:
1. A new permit must be obtained.
2. The full permit fee must be paid along with any other applicable fees.
3. The applicant must comply with all applicable codes and regulations in effect at the time the new
permit application is submitted.
SERVICE.TEAMWORK,INTEGRITY,QUALITY
page two
An expired permit will result in a violation being issued and will remain open until a new permit is issued 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,
(PEWit Art
Peggy Gregory
Building Compliance Officer
pc: BCN-070038
SERVICE.TEAMWORK.INTEGRITY.QUALITY
ri td :, DEPt 'MENT OF BUILDING INSPECTION
NORTH OFFICE
918 10 STREET
GREELEY, COLORADO 80631
(97O)353-6100, ext.3540
FAX (970) 304-6498
"ilkSOUTH OFFICE
4209 CR 24.5
COLORADO LONGMONT, COLORADO 80504
(72 O)652-4210, ext.8730
FAX (720)652-4211
BUILDING PERMIT EXPIRATION
Building permit no. ?DCK Cl 003%
Is being issued on 6; ' a I , 07
In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on:
05 ,s I - et
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. A letter will be mailed to
the property ner prior t?the date the permit is to expire.
Signed: Date: `.. '- :9 / d 7
Relationship to Property Oa :
Respectfully,
it Tert??*
Roger Vigil
Chief Building Official
Office Tech
Date: Oic; '0 14 . 07
cc: Building Permit File
WELD COUNTY CODE
Article VIII -Sec. 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 void after the given utilization period has elapsed. The
utilization period begins on the date of permit issuance. The expiration date for the building
permit shall be specified on the permit in accordance with Table 29.2, below.
Table 2.1 Expiration of Building Permits
Valuation of Building Permit Utilization Period
$ 1,000 or less 3 months
$ 1,001 - 10,000 6 months
$ 10,001 - 200,000 12 months
$ 200,001 - 1,000,000 24 months
$ 1,000,001 - 2,000,000 30 months
$ 2,000,001 - 10,000,000 36 months
$ 10,000,001 and over Letter
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 corn plexity 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.
Sec. 29-8-45. Extension of Time For A Building Permit
A. The Building permit holder may submit a request for an extension of time before the expiration
of the utilization period. The Building Official may extend the Building Permit onetime, for a
period not to exceed 180 calendar days. Such request shall include name, address, telephone
number, the building permit number, site address and a description of specific circumstances
which prevented completion of the work prior to the expiration date. A processing fee shall be
charged if a building permit extension is granted.
B. If the Building Permit expires before a request is submitted for an extension, an extension shall
not be granted. To proceed with the same project the following process shall be required:
1. A new permit must be obtained.
2. The full permit fee must be paid along with any other applicable fees.
3'. The applicant must comply with all applicable codes and regulations in effect at the time
the new permit application is submitted.
- 1/0101111 III IIII{I llllll ll llllllll Ill DIE 1111101
5/ 1 0l 22 R 11.00 0 27.00 Steve Moreno Clerk b Recorder
WARRANTY DEED
5OOGf38/7
THIS DEED,Made this 14th day of September,2005 between
DX/ fea7OO
Joe T.Leal and Julia Leal
of the County of Weld,State of Colorado,grantor and
Abelardo Vega
whose legal address is:1711 E.16th Street,Greeley,CO 80631,
of the•County of Weld,State of Colorado,grantee.
WITNESSETH,That the grantor for and in consideration of the sum of Two Hundred Seventy Thousand
Dollars and NO/100's($270,000.00)the receipt and sufficiency of which is hereby acknowledged,has
granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm,
unto the grantee,his heirs and assigns forever,all the real property together with improvements,if any,
situate,lying and being in the County of Weld,and State of COLORADO,described as follows:
See Exhibit B attached hereto and made a part hereof.
also known by street and number as 1742 1st Ave.&115 E.18th St,Greeley,CO 80631
TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 demand whatsoever of the grantor,either in law or equity,of,
in and to the above bargained premises,with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto
the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs,and personal
representatives,does covenant,grant,bargain and agree to and with the grantee,his heirs and assigns,that at
the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed,
has good,sure,perfect,absolute and indefeasible estate of inheritance,m law,in fee simple,and has good
right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as
aforesaid,and that the same ale free and clear from all former and other grants,bargains,sales,hens,taxes,
assessments,encumbrances and restrictions of whatever kind or nature soever,except all taxes and
assessments for the current year,a lien but not yet due or payable,and those specific Exceptions described by
reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with
section 8a"Title Review",of the contract dated June 25,2005,between the parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the
quiet and peaceable possession of the grantee his heirs and assigns,against all and every person or persons
lawfully claiming the whole or any part thereof. 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.
SELLERS: deleJoe eat `
Joh
STATE OF COLORADO }SS:
COUNTY OF Weld
The foregoing instrument was acknowledged before me this 1 y of Sept her, 005 by Joe T.Leal
and Julia Leal
•
Notary Public
Witness my hand and official seal.
My Commission expires.
LAJUNE PEARSON
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Sept.18 2005 -r
`
WDPHOTO - '"' }o LS'b' Security Tide
Warranty Deed(For Phobgrnphic award)
{ucrsnm 171 I L 6e* File Na.S0068817
ei recta g. CO 8O6,31
I IIII{I lilli IIIII EMI 111111 ii 11111 111 11111 1111 1111
•
3323502 09/1612005 02:21P Weld County,CO
2 of 2 R 11.00 0 27.00 Steve Moreno Clerk&Recorder
Exhibit B
Parcel 1:
That part of Lot 5 of the Northwest Quarter of the Southwest Quarter of Section 9,Township 5 North,Range 65
West of the 6th P.M.,being more particularly described as follows: Beginning at a point 161.2 feet East of the
Southwest corner of Lot 5 of the Northwest Southwest''h of Section 9,Township 5 North,Range 65 West of the
6th P.M;thence East 128.8 feet;thence North 116.15 feet;thence West 128.8 feet;thence South 116.15 feet to the
point of beginning,County of Weld,State of Colorado.
Parcel 11:
That part of Lot 5 of the Northwest Quarter of the Southwest Quarter of Section 9,Township 5 North,Range 65
West of the 6th P.M.,lying South of the North 461.5 feet;excepting therefrom; Beginning at the Southwest corner
of said Lot 5;thence East 290 feet;thence North 116.15 fret;thence West 290 feet;thence South 116.15 feet to the
Point of Beginning,City of Greeley,Weld County,Colorado,EXCEPTING therefrom the West 40 feet for First
Avenue as conveyed to the City of Greeley,a municipal corporation by Warranty Deed recorded May 20, 1985 in
Book 1070 as Reception No.2010211.
Together with the easement rights created in deed recorded in Book 1280 at Page 298 for a driveway,sewer,water,
and utility lines for the use and benefit of Parcels 1 and II.
AFFINDEMS File No.S0068117
Affidavit and Indemnity
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