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HomeMy WebLinkAbout20072548.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION BCV #0701033 AGAINST KEVIN MOORE 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,Kevin Moore, BCV#0701033,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 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, Kevin Moore 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 Kevin Moore 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. 2007-2548 PL0824 n� : Pt, V,6c cg(t-a-107 VIOLATIONS - BCV #0701033 - KEVIN MOORE 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 1„+ a I., BOARD OF COUNTY COMMISSIONERS WELDkOUNTY, COLO�DO ATTEST: ��"racy �1�� 11/49 �� to i 1, ours ,+, avid E. Long, Chair Weld County Clerk to the a `,5 WA I EXCUSEDof Wil 'am peryem BY: �� � CYO De ty Cle o the Board \J William F. Garcia APPROVE'D AS TO EXCUSED -. obert D. Masden - -Lou y rney c C ,-7- ademache; Date of signature: _ILL_ 2007-2548 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Kevin Moore Violation Number: BCV07-01033 Situs Address: 39238 Boulevard E, Eaton, CO 80615 Legal: Lots 11-13, Block 22, Camfield, Weld County, Colorado Location: West of and adjacent to County Road 51, South of County Road 82 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 0711-18-0-23-008 Acres: .50 Certified mail date: July 16, 2007 Received: August 1, 2007 Currently the property is in violation of: Chapter 29, Article Ill, Sections 29-3-10 REMEDY To bring the property into compliance, a new permit application and all applicable documentation shall be submitted for the loafing shed. 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 October 13, 2006 Complaint received of shed without a permit. October 18, 2006 Notice left by inspector to apply for permit within five working days. October 20, 2006 Building permit application submitted. December 12, 2006 Permit issued. May 14, 2007 Letter to advise of 06/12/07 expiration date. May 23, 2007 Inspection performed, corrections noted. June 18, 2007 Letter advising permit has expired. July 16, 2007 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. 2007-2548 rs DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 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 16, 2007 KEVIN MOORE 39238 BOULEVARD E EATON CO 80615 Subject: BCV07-01033, Lots 11-13, Block 22, Camfield, Weld County, Colorado Dear Mr. Moore: 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 2938-10 "Expiration of permit" To bring your property into compliance: A permit application and all applicable documentation shall be submitted for the loafing shed. 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. ly, Peggy Gregory 1r Building Compliance Officer pc: BCV07-01033 SERVICE,TEAMWORK, INTEGRITY, QUALITY U.S. Postal Servicem, Cr CERTIFIED MAIL,, RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) f1J P.r•eliveryinf•rmati•n visit •ur we•site at www.u5.5 c.m., m O 1717 IA L 11 SF Ln Postage $ ra Certified Fee Return Receipt Fee Postmark O (Endorsement Required) Here O Refracted Delivery Fee ..D (Endorsement Required) ra rR Total Postage Si Fees $ Ln Sent)a o Kevin Moore r Street,AN. No. or PO 39238 Boulevard E City,State,ZIP*4 Eaton CO 80615 PS Form 3800,June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sign lure ❑Agent item 4 if Restricted Delivery is desired. X may, • Print your name and address on the reverse -� so that we can return the card to you. B Received by(Printed Name) C. of eli��y§§§ry ■ Attach this card to the back of the mailplece, )/�`�� ��`/�� *110 / or on the front if space permits. /S / D. Is delivery address different from item p Yes 1. Article Addressed to: If YES,enter delivery address below: O No KEVIN MOORE (,,,% 0 '?rtment 39238 BOULEVARD E cr EATON CO 80615 i]3. Service Type ,M Certified Mail O Express Mail } , Registered O Retum Receipt for Merchandise ... - --fp Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7005 1160 0001 4538 2049 (Iiansler horn service label) PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540 6 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631vv C Website: ww.co.weld.co.us E-mail Address: pgregorv(Wco.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (9(970) 30 304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longrnont, CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE June 18, 2007 KEVIN MOORE 39238 BOULEVARD E EATON CO 80615 Subject: BCV07-01033, Lots 11-13, Block 22, Camfield, Weld County, Colorado Dear Mr. Moore: Permit number BCN-060427 has now expired and the property located at 39238 Boulevard E 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 the loafing shed. 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 June 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. S' er_ y, any Sir` Peggy Gregory Building Compliance Officer pc: BCV07-01033 BCN-060427 Kit a DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE ' 918 10th Street Greeley, 80631 pgregoryley, COC 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 May 14, 2007 KEVIN MOORE 39238 BOULEVARD E EATON CO 80615 Subject: Permit# BCN-060427—Lots 11-13, Block 22, Camfield, Weld County, Colorado Dear Mr. Moore: This letter is to remind you that a permit for a loafing shed at 39238 Boulevard E was issued on December 12, 2006. According to our records, this permit will expire on June 12,2007, 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. SDy, nit 4244/ Peggy Gregory Building Compliance Officer pc: BCN-060427 SERVICE,TEAMWORK,INTEGRITY,QUALITY a DEP/ 'MENT OF BUILDING INSPECTION (itNORTH OFFICE 918 10 STREET GREELEY, COLORADO 80631 (97O) 353-6100, ext.3540 FAX (970) 304-6498 inalk 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. - O(.OO 4" "'7 Is being issued on 19—) t a1 o/ In accordance with Section 29-8-40 of the Weld County Code, this permit will expire on: W407 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. 7 Signed: ` �( ( l�� �77L L Date: /2 2 /o3' Relationship to Property Owner: 60 afl/C Respectfully, g (1*-c-° Roger Vigil Chief Building Official Office Tec • 1� Date: I fy cc: Building Permit File WELD COUNTY del 0Co0€4.7 BUILDING INSPECTION Onon'8 /0 -/9- 0 60 \ CORRECTION NOTICE ORRRECTIONNOTICE PERMIT NUMBER: V `` ( /lo 1799 PAGE OF NAME/OWNER: r 7 �'-� '\ PROPERTY ADDRESS/LEGAL S Z 3y E!\„/J.._ E INSPECTIONS OF THIS STRUCTURE REVEALED THAT THE FOLLOWING IS NOT IN COMPLIANCE WITH THE WELD COUNTY BUILDING CODE ORDINANCE. rir L,5) ��u r) 5 o y� ( CORRECTIONS MUST BE MADE BEFORE: t.)%1 I 3 • O REINSPECTION REQUIRED. WHEN CORRECTIONS ARE MADE, PLE E CALL FOR REINSPECTION. (970)356-8016 OR 1-800-234-2534. ❑ REINSPECTION FEE REQUIRED BEFORE THE NEXT INSPECTION. • THIS PERMIT EXPIRES ON:�r, INSPECTOR U p DATE (/y� 7 1 �.J `1- IF YOU WISH TO SPEAK TO AN INSPECTOR, CALL: (970)353-6100, Ex-r. 3540, BETWEEN 7:30 A.M.AND 8:30 A.M. DO NOT REMOVE THIS CORRECTION NOTICE ,t(,. 6 ‘ DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10th Street, Greeley, CO 80631 Willie Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: ❑ ZONING CODE COMPLAINT ❑ Staff/Name: g' Citizen O Other ❑ HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known) ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST& WEEDS Date Complaint was received: /& 5O , Pending Case#(i.e. USR, RE, SE, ect...): -- / ' , Legal Description: 2. //--73 B21 C�Z L Parcel #: 07/I-/F "0'&8- Q72 Violation Address: 39OW 02 57 en.D d C eattnc, Co 706 /5 Property Owners Name: al2rittAilfr 'OD.(— Phone: 970' ITSY'a?.5a2 9 Property Owners Address: /hint Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: (22441 i &a' yfjaten:a Additional Notes: • 844 111111111111 11111 Iillll 1111111111111011111111111111111 3290844 06!0112006 02:55P Weld County,CO 1 of 1 R 6.00 D 13.C Stave Moreno Clerk&Recorder WARRANTY DEED 5OO5`"73 THIS DEED,Made this 31st day of May,2005 between l 13,ND Luis Alvarez Gallegos and Rosa Esquivel of the County of Weld,State of Colorado,grantor and Kevin Moore whose legal address is:39238 Weld County Road 51,Eaton,CO 80615, of the County of Weld,State of Colorado,grantee: WITNESSETH,That the grantor for and in consideration of the sum of One Hundred Thirty-Four Thousand Dollars and NO/100's.(S134,000.00,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: Lots 11 through 13, Block 22, Townsite of Canfield, County of Weld, State of Colorado. also known by street and number as 39238 Weld County Road 51,Eaton,CO 80615 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,tide,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,in 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 are free and clear from all former and other grants,bargains,sales,liens,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 April 26, 21)1)5,between the parties. n . 6 The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the D w quiet and peaceable possession of the grantee his heirs and assigns,against all and every person or persons 013 cc.), 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. C. ' - IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. bC .0 P rY d SELLERS: eU n CL't��i rG's oite O i, S Ot+4 na (1'I �l '.r 6-3310,u e) Luis Alvarez degas,by Rosa Esquryel,attorney Rosa Esquivel in fact FC T=or U S FI kCl Yen 60 /c13OS STATE OF COLORADO }SS: COUNTY OF Weld The foregoing instrument was acknowledged before m du .3lst day o Ma 2005 by Luis Alvarez Gallegos.LJR6sa m stet and Ros. se, vet,ind vide ly LAJUNE PEARSON NOTARY PUBLIC STATE OF COLORADO om n ire Se t.18,2005 Notary lie witness rt4iSn�en�citiinat M. My Commission expires: WDPHOTO Security Title Wmrv6y Deed(For Photographic Record) File No.50055673 F.; t _ it i M t _ :1.. �I 4 flF i q o r_ }$ ii rs t kM + I, 5t ! !ai . ! Er s; LL. u ! i = E. 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