HomeMy WebLinkAbout20072547.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST CONCHITA RICHARDSON AND VIRGIL HARMON 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, Conchita Richardson and Virgil Harmon, BCV #0701018, 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, Conchita Richardson and Virgil Harmon 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 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 September 14, 2007, to allow adequate time for the property owners to complete
all the inspections and get a final approval to bring the subject property into compliance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that BCV#0701018 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Conchita Richardson and Virgil Harmon 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 September 14, 2007, to allow adequate
time for the property owners to complete all the inspections and get a final approval to bring the
subject property into compliance.
2007-2547
PL0824
72 t0t-- /c-7
VIOLATIONS - BCV#0701018 - CONCHITA RICHARDSON AND VIRGIL HARMON
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.
BOARD OF COUNTY COMMISSIONERS
<^ Etas` WELD OUNTY COLORADO
ATTEST: )04 C.t w .
.i•.
4�' avid E. Long, Chair
A-17
Weld County Clerk to the �oar°d'�� ^
/EXCUSED
f ,� � /� _s. '1 Willi a . Jer'Mepro-Tem
BY: {�jYE� /?
De ty Cle to the Board
William F. Garcia
APPROVED AS • EXCUSED
Robert D. Masden
4, 2ou orney c �lx�-_�� I cLpr
oug4as Radema erO E
Date of signature: 2b
2007-2547
PL0824
Violation Summary Report
BASIC INFORMATION
Owner Owner Address City State Zip
RICHARDSON CONCHITA D &
HARMON VIRGIL C
Tenant:
Compliance Officer: Peggy Gregory
Violation Number: BCV07-01018
Situs Address: 308 WESTVIEW RD
Legal: WE-17 L17 WESTVIEW ESTATES %0308 WESTVIEW RD% SITUS: 308
WESTVIEW RD WELD 00000
Location:
Parcel Number: 146706304004-R5690086 Acreage: 2.26
Certified Mail Date: 07/20/2007
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
All inspections shall be completed and a final approval issued on the permit for a pole building.
RECOMMENDATION
The Department of Planning Staff recommends this case be referred to the County Attorney's office for
immediate action as this is a 2005 permit and all inspections have not been completed.
LETTER HISTORY
05/18/2007 Complaint Validated
05/18/2007 LTTR: Violation Notice
07/20/2007 LTTR: Hearing Notification
OTHER CASE HISTORY
04/20/2006 REMINDER LETTER LETTER TO REMIND OF 05/20/06 EXPIRATION
DATE
05/16/2006 EXTENSION GRANTED 90-DAY EXTENSION GRANTED PER BRYON
03/02/2007 REMINDER LETTER LETTER TO REMIND OF 04/03/07 EXPIRATION
DATE
04/03/2007 Phone Call Phone call from Virgil Harmon, the door should be
installed on 04/04/07 and he will then call for an
inspection.
2007-2547
Violation Summary Report
04/19/2007 Phone Call Phone call to Virgil Harmon, he will call an
engineer for the FHDP and then schedule
inspection.
05/18/2007 VIOLATION LETTER 30-DAY VIOLATION LETTER
05/23/2007 Phone Call Phone message from Virgil Harmon. He has
talked to Schmnidt Engineering, the FHDP should
be done in a week.
07/20/2007 BOCC LETTER LETTER TO SCHEDULE WITH BOCC ON
08/14/07
6 DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
pgregory@co.weld.co.us
co.u s
WI I D Phone: (970) 353-6100, Ext. 3568
C Fax: (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
July 20, 2007
VIRGIL C HARMON and CONCHITA D RICHARDSON
308 WESTVIEW RD
ERIE CO 80516
Subject: BCV07-01018, Lot 17, Westview Estates., Weld County, Colorado
Dear Mr. Harmon and Ms. Richardson:
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(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 fora pole
building.
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.
Si ly,
Peggy Gregory
Building Compliance Officer
pc: BCV07-01018
BCS-050468
SERVICE,TEAMWORK, INTEGRITY,QUALITY
U.S. Postal Service.,
-0 CERTIFIED MAIL., RECEIPT
rn (Domestic Mail Only;No Insurance Coverage Provided)
U,
F.r.elivery inf.rmati.n visit.ur we,site at www.us,s.c.mr
mOFFiCgAL USE
U,
Postage $
p
Certified Fee
Return Receipt Fee Postrnerk
CI (Endorsement Required) - Here
p Restricted Delivery Fee
,_D (Endorsement Required)
r-9 Total Postage&Fees $
u,
p Sent To
cnVirgil C Harmon and Conchita Richarson
D- threat,Apt.
orPOBorNa. 308 Westview RD
cny,State,z/P+a Erie CO 80516
PS Form 3800,June 2002 See Reverse for Instructions
SENDER: COMPLETE THIS SECTION COMPL?TE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. nature
Rem 4 if Restricted Delivery is desired. r �� 0 Agent
■ Print your name and address on the reverse nct// 4? rt. IC.
p Addressee
so that we can return the card to you. B. Received by(Pm,:.Name) Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
Ciaiiiniv Ham rig lii91330111eftlelivery address below: 0 No
ELE'' f FFiCE
VIRGIL C HARMON &
CONCHITA RICHARDSON JUL • I /tin
308 WESTVIEW RD
ERIE CO 80516 R EC
•
'� ►_ yied Mail 0I Express Mail
❑ Registered 0 Retum Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) p Yes
2. (Transfer
Numbrfrom 7005 1160 0001 4538 5316
(Transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
Kett & DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
111 D E-mail Address: poreciorvco.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Q 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 18, 2007
VIRGIL C HARMON and CONCHITA D RICHARDSON
308 WESTVIEW RD
ERIE CO 80516
Subject: BCV07-01018, Lot 17, Westview Estates, Weld County, Colorado
Dear Mr. Harmon and Ms. Richardson:
It has been determined that the property located at 308 Westview Road 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 the permit for a pole building.
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 18, 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.
taw(' N'cQA
Peg Gl "regory
Building Compliance Officer
pc: BCS-050468
BCV07-01018
("ita
;No,
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
' 918 10th Street COreeley, 80631
pgregoryeley, C ld.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
March 2, 2007
VIRGIL C HARMON and CONCHITA D RICHARDSON
308 WESTVIEW RD
ERIE CO 80516
Subject: Permit#BCS-050468— Lot 17, Westview Estates, Weld County, Colorado
Dear Mr. Harmon and Ms. Richardson:
It has come to the attention of the Department of Building Inspection that a permit for a pole building at 308
Westview Road was issued on October 14,2005. According to our records,this permit will expire on April 3,
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.
Failure to complete valid inspections 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, Ar
as e
p l/
Peggy Gregory
Building Compliance
pc: BCS-050468
SERVICE,TEAMWORK,INTEGRITY,QUALITY
a
Kit
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
pgregory@co.weld.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 20, 2006
VIRGIL C HARMON and CONCHITA D RICHARDSON
308 WESTVIEW RD
ERIE CO 80516
Subject: Permit#BCS-050468—Lot 17, Westview Estates, Weld County, Colorado
Dear Mr. Harmon and Ms. Richardson:
It has come to the attention of the Department of Building Inspection that a permit for a pole building at 308
Westview Road was issued on October 14, 2005. According to our records,this permit will expire on May20,
2006, 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 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,
4/(1 rce
Peggy Gregory
Building Compliance
pc: BCS-050468
SERVICE,TEAMWORK,INTEGRITY,QUALITY
8 1261 RED 02211024 04/17/90 16:20 >'5.00WE /001
AR221102V F 0887 MARY ANN FEUERSTEIN CLERK & RECORDER.WELD CO, CO
I WARRANTY DEED
RECORDER'S STAMP
THIS DEED,Made this 12th day of April .19 90 .
between •
GEORGE R. MONTANO and ELAINE J. MONTANO
State Docu..,*}ent. Fee
of the *County of Weld and State of Date X.lq.4.Z/...Ln.Q.,
Colorado.grantor(s),and • 1$ 7H-r.7
RONNIE C. RICHARDSON AND CONCHITA D. RICHARDSON
whose legal address is 308 Westview Road, Erie, CO 80516
•
of the County of Weld and State of Colorado.grantees:
WITNESS,that the grantor(s).for and in consideration of the sum of * * * * * * * * * * * * * * * * * *
NINETY-FIVE THOUSAND SEVEN HUNDRED TWELVE AND NO/100 ($95,712.00) * * * DOLLARS.
the receipt and sufficiency of which is hereby acknowledged,have granted,bargained,sold and conveyed,and by these presents
do grant,bargain,sell,convey and confirm unto the grantees.their heirs and assigns forever,not in tenancy in common but
'F in joint tenancy.all the real property together with improvements,if any.situate,lying and being in the County
9.31 of Weld and State of Colorado.described as follows:
Lot 17,
WESTVIEW ESTATES,
County of Weld, State of Colorado
also known by street and number as 308 WESTVIEW ROAD, ERIE, COLORADO 80516
•
TOGETHER with all and singular the herediaments and appurtenances thereunto belonging, or in anywise appertaining.the
reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest,claim and
Odemand whatsoever of the grantor(s).either in law or equity.of.in and to the above bargained premises.with the hereditament,and
appurtenances.
(`I TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances.unto the grantees.their heirs
and assigns forever. And the grantor(s),for thereel yes their heirs and personal representatives do covenant.
grant.bargain and agree to and with the grantees.their heirs and assigns.that at the time of the caseating and delivery of these
presents they are well seized of the premises above conveyed,have good.sure.perfect.absolute and indefeasible estate
of inheritance.in law.in fee simple,and ha Vegood right,full power and lawful authority to grant.bargain.sell and convey the same in
manner and form aforesaid,and that the same are free and clear from all former and other grants.bargains,sales, liens,taxes,
assessments,encumbrances and restrictions of whatever kind or nature soaves, taxes for 1990 and subsequent
,,
years, which by reason of adjustment, the grantees assume and agree to pay and stDject
to covenants, easements, reservations, restrictions and rights of way of record or
in use, if any.
The grantor(s)shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable 'l
possession of the rantees,their heirs and assigns,against all and every person orr
g g g persons lawfully claiming the whole or any part
thereof. it
IN WITNESS WHEREOF the grantor(s)ha we executed this deed on the date set forth above
ELAMONT ,w
STATE OF COLORADO 1
ss.
County of BOULDER 1f
The foregoing instrument was acknowledged before me this 12th day of APRIL .1990 .
by GEORGE R. MONTANO and ELAINE J.. MONTANO
•
My commie;;dn expires , A)&A.,\Z5 ,19 l-2--.4imcas my hand and official seal.
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