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Home My WebLink About20073476.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST VICTOR GUERRA 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, Victor Guerra, BCV #0701032, 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 13th day of November, 2007, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation,and WHEREAS, Salidad Guerra, property owner's son, 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 December 13, 2007, to allow adequate time for the Department of Planning Services to issue a Stop Order on the building permit, and for an inspection of the property by the Department of Building Inspections. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV#0701032 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Victor Guerra 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 December 13, 2007,to allow adequate time for the Department of Planning Services to issue a Stop Order, and an inspection by the Department of Building Inspections to confirm the existing dwelling is safe to inhabit. 2007-3476 PL0824 VIOLATIONS - BCV#0701032 - VICTOR GUERRA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of November, A.D., 2007. BOARD OF COUNTY COMMISSIONERS r, " i?,) EL UNTY, COLORADO ATTEST: � M p vid E. Long, Chair Weld County Clerk to the B ct# e ° WTIM15a XCUSED 'aj Pi't BY: u at, f8 V3 L William H. Jerke,.pro-Tem De u y Cler to the Board a( William F. Garcia APPROVED AS TO FORM: EXCUSED Robert D. Masden J/ PF Co ty Att ey w✓ Dougla ademach Date of signature: 2007-3476 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Victor Guerra Violation Number: BCV07-01032 Address: 7252 Hart Street, Fort Lupton, CO 80621 Legal: Lot 4, Block 50, Aristocrat Ranchettes#2, 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: 1309-27-4-14-001 Acres: .99 Certified mail date: October 22, 2007 Received: October 25, 2007 Currently the property is in violation of: Chapter 29, Article Ill, Section 29-3-10 REMEDY To bring the property into compliance, a permit for an addition and new roof on the existing dwelling shall be submitted, all inspections completed, and a final approval issued. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as a new permit application has not been submitted. CASE HISTORY May 30, 2006 10-day letter to submit building permit application June 14, 2006 Building permit issued. May 16, 2007 Letter advising of June 14, 2007 expiration date. June 15, 2007 30-day letter advising permit has expired, new permit is required. October 22, 2007 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. 2007-3476 (tot (7-ti3/4 :, DEPARTML..T OF PLANNING SERVICES 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 October 22, 2007 VICTOR GUERRA 7252 HART FORT LUPTON C9 80621 Subject: BCV07-01032, Lot 4, Block 50, Aristocrat Ranchettes #2, Weld County, Colorado Dear Mr. Guerra: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on November 13, 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 29-3-10 "Building permit required." To bring your property into compliance: A permit application and all applicable documentation shall be submitted for the addition and new roof on the existing dwelling. This meeting will take place in the County Commissioners Hearing Room, First Floor, Weld County Centennial Center, 915 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. / irtiPeggy Gr " egory Building Compliance Officer pc: BCV07-01032 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S Festal Service. o CERTIFIED MAIL., RECEIPT l'1 (Domestic Mail Only;No Insurance Coverage Provided) N F rCelivery int•rmati aVisit..•urwe•site at;www.usps,c ma: ru 9 i '! y4 .i i $9‘ ru in Postage $ m p Certified Fee Postmark p Return Receipt Fee (Endorsement Required) Here Restricted Delivery Fee ru (Endorsement Required) dO Total Postage&Fees $ Lrl ED Sent To m Victor Guerrs _Street,Apt.Na, of Box No. 7252 Hart City,State,27174.4 Fort Lu ton CO 80621 SENSE C-�M'LETETHISSECTI•N C•M•LETETHISSECTI•N •N•ELIVE•Y • Complete items 1,2,and 3.Also complete A. Signature ,l IP item 4 if Restricted Delivery is desired. ( / ,1 _ ,,,///�� El Agent • Print your name and address on the reverse X %04 ❑Addressee so that we can return the card to you. ,,,,RRRReceived py(Pdnts5Name C. Date of Delivery • Attach this card to the back it the mailpiece, ' lei ---r y't Al "2 7 or on the front if space permits. l{v"r�-� �( / Y �. Is deliv address diffe fmm item 1? ❑Yes 1. Article Addressed to: Weld Count farming, address below: ❑No CR: LEY OFFICE VICTOR GUERRA 7252 HART GC 2'5 2007 FORT LUPTON CO 80621 RE �•' Certi 'ail ❑Express Mail 0 Registered ❑Return Receipt for Merchandise O Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 1820 0003 5225 2550 (Dander from service lab" PS Form 3811,February 2004 Domestic Return Receipt 10259502-M-1540 ‘Wsl DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 ' Website: www.co.weld.co.us E-mail Address: poreoory(W,co.weld.co.us WI C. Phone: 7(970) 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 June 15, 2007 VICTOR GUERRA 7252 HART FORT LUPTON CO 80621 Subject: BCV07-01032, Lot 4, Block 50, Aristocrat Ranchettes #2, Weld County, Colorado Dear Mr. Guerra: It has been determined that the property located at 7252 Hart is currently in violation of the following Section of the Weld County Code: Section 29-3-10"Building permit required." To bring your property into compliance with the Weld County Code: A permit application and all applicable documentation shall be submitted for the addition and new roof on the existing dwelling. 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 June 15, 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. eY Pegg` y Gregory Building Compliance Officer pc: BCV07-01032 BCS-060237 DEPARTMENT OF PLANNING SERVICES Building Compliance Division • NORTH OFFICE 918 10th Street Greeley, CO 80631 pgregorley 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 May 16, 2007 VICTOR GUERRA 7252 HART FORT LUPTON CO 80621 Subject: Permit# BCS-060237—Lot 4, Block 50, Aristocrat Ranchettes#2, Weld County, Colorado Dear Mr. Guerra: This letter is to remind you that a permit for an addition and new roof on your existing dwelling at 7252 Hart was issued on June 14, 2006. According to our records, this permit will expire on June 14, 2007, and the required inspections have not 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. cs/Si/y iU , rt Peggy Gregory Building Compliance Officer pc: BCS-060237 SERVICE.TEAMWORK.INTEGRITY,QUALITY DEPP -MENT OF BUILDING INSPECTION NORTH OFFICE 918 10 STREET GREELEY, COLORADO 80631 (97O) 353-6100, ext.3540 FAX (970) 304-6498 I D Ci SOUTH OFFICE 4209 CR 24.5 COLORADO LONGMONT, COLORADO 80504 (720)652-4210, ext.8730 FAX (720)652-4211 BUILDING PERMIT EXPIRATION Building permit no. Q`J - C) L fa9)-1 Is being issued on � � V 1A \ fl cc In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on: 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 owner prior to the date the permit is to expire. c Signed: , o Jc,�� Date: C�/‘-1/O L' Relationship to Property Owner: at r Yet Respectfully, itTicV*--L° Roger Vigil Chief Building Official Office Tech: 73) Date: c , cc: Building Permit File DEPARTMENT OF PLANNING SERVICES rat tZ N Building Compliance Division _ ' eORTH O0ICE 8 918 10th Street, Greeley, CO 80631 pgregory@co.weld.co.us ' Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 C SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 COLORADO Phone: (720)652-4210, Ext. 8730 Fax: (720) 652-4211 May 30, 2006 VICTOR GUERRA 7252 HART FORT LUPTON CO 80621 Subject: VI-0600179, Lot 4, Block 50, Aristocrat Ranchettes#2, Weld County, Colorado Dear Mr. Guerra: It has come to the attention of the Department of Building Inspection that there is no record of a building permit for an addition and new roof on your existing dwelling at 7252 Hart Street. On April 25,2006,you were given a notice to apply for a permit but, to date, no building permit application has been submitted. Section 29-3-10 of the Weld County Code states: 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. I have enclosed a permit application for your convenience. Failure to submit the forms, plus 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. Sin ifi00® Agn Peggy Gregory Building Compliance VI-0600179 SERVICE,TEAMWORK,INTEGRITY,QUALITY A R2012494 _ 8 1072 REC 02012494 06/06./85_„ .12:.27 .. $3.00 1/001 F 0464 MARY ANN FEUERSTEIN CLERK &•RECORDER WELD CO, CO • • WARRANTY DEED • THIS DEED,Made this 3rd. d'I•of June - 1985 •between N. J. MCConahay of the •County of Jefferson and Slate of Colorado.grantor.and VICTOR GUERRA whosemgaladdressi 7252 Hart, Ft. Lupton, Co. 80621 • of the County of WELD and State of Colorado.grantee: WIT'NESSETH,That the grantor for and in consideration of the sum of Ten Thousand - Seven Hundred and x100 Dol'42S, the receipt and sufficiency of which is hereby acknowledged.has granted.bargain sold and conveyed.and by these presentt does grant bargain.sell. convey and confirm.unto thegtantee,his heirs and assigns forcer allthe real property together with improvements.if any.situate.lying and being in the County of Weld and State of Colorado described as follows: Lots 3 and 4, Block 50, Aristocrat Ranchettes Subdivision, , Second Filing, A subdivision of Weld County ca as known by street and number as: 7252. Hart, Ft. Lupton, .Colorado 80621 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging.or in anywise appertaining,and the reversion and reversions,remainder and remainders.rents.Issues and prelim thereof.and all the estate.right,title.interest,claim and demand whatsoever of the gr .ntee either in law or equity.of,in and to the above bargained premises.with the hereditan:eon 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,forhimself.his heirs.and personal representatives.does cotenant.grant.bargain.seed agree to and with the grantee.his heirs and assigns•that at the time of the cnsealing and delivery oftheaepresenh.he is well seized of the premises above conveyed.has good.sure.perfect,absolute and indefeasible estate of inheritance,in law,in fee simple.and has good right.full power and lawful authority to grant bargain.self and convey the sane in manner and form as aforesaid.and that the same arc free and char from all former and other grans,bargains.sales,liens.taxes,assessments. encumbrances end restrictions of whatever kind or nature sonnet.except The grantor shall and will WARRANT AND FOREVER DEFEND the aboe.bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns.against all and every person or persons lawfullyelaiming'he whole crony panthereof.The singularnumberahall include the plural, the plural the singular,and the use of any gender shaft be applicable w all genders. IN WITNESS WHEREOF,the genitor inns executed Ihk deed on the date set forth above. • c ay STATE OF COLORADO vs County of The foregoing instrument woe acknowledged before me in the Connate Jefferson ,soma culomdu.this 3rd d'ryof June '1985 •bYN. J. McConahay My commission espires 6-5 .198 jyojs,j my hard and official seal U+sirr 01 .. ee,., c s r O • Noun P9Ok ..'"472.4'ka /tia../.91 Ge' Bos7) "If in Denver,imam"City and No.932A.Rev.7.84. WpRRANry DEED Inn Photographic Records pnmoNPublivhlne.5X=5W.6th Ave.,Lakewnod.CO 50114—9303)113.6901 144 IC .IN > 0. _, ' .'.. �. III AI ) N 'O ST; t r rv•. 0 e CO E .. Ix, . S 3 R N Q O C% (r:':5- Z N := n LJJ a as '4 . 1. u 00 w a q `o_: A o _ � OT q C] G y. la• O N O d t No a q c x „ k ; s m o R J =�O a� �' ' Y T LfJ O?' O 4 M. 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