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Home My WebLink About20073475.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST RONALD GRAFF 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, Ronald Graff, BCV #0701022, 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, Ronald Graff 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 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 property owner to submit a letter stating he can not complete this project, thus placing a Stop Order on the Building Permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that BCV#0701022 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Ronald Graff 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 property owner to submit a letter to the Department of Planning Services stating he cannot complete this project. p 2007-3475 (?n ' l L VIOL PL0824 ii -fie-07 VIOLATIONS - BCV#0701022 - RONALD GRAFF 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. '�- /4.�r BOARD OF COUNTY COMMISSIONERS � �if d!D ATTEST: VELD �OjJNTY, OLORADO a ' Y d1�yJ _ `) avid E. Long, Chair Weld County Clerk to the �± EXCUSED William H. Jer - m BY: L /�— De u y Cle to the Boar `21f Williarh F. Garcia APPROVED AS TO FORM: EXCUSED Robert D. Masden 5eSCou y AttoOey w Douglas ademacher Date of signature: 2007-3475 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Ronald D Graff Violation Number: BCV07-01022 Building Permit Number: BCS-060144 Address: 43820 Highway 34, Orchard, CO 80649 Legal: Part of the NE4 of Section 29, T4N, R61W of the 6th P.M., Weld County, Colorado Location: 1/2 mile South of Highway 34, West of and adjacent to County Road 89 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1047-29-1-00-001 Acres: 2.68 Certified mail date: October 22, 2007 Received: November 2, 2007 Currently the property is in violation of: Chapter 29, Article VIII, Section 29-8-40 REMEDY To bring the property into compliance, the permit for a basement finish shall have all inspections completed and a final approval. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as the last inspection was on November 29, 2006, and no response to correspondence. CASE HISTORY October 5, 2006 Letter to remind of November 1, 2006, permit expiration. November 3, 2006 Inspection scheduled, owner notified by inspector that the scheduled inspection can only be done in conjunction with framing inspection, call to reschedule. November 17, 2006 10-day letter to reschedule inspection. April 27, 2007 Letter to remind of May 28, 2007, permit expiration. May 31, 2007 30-day violation letter issued. October 22, 2007 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. 2007-3475 ritp DEPARTMENT 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 Ce 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 RONALD D GRAFF 43820 HWY 34 ORCHARD CO 80649 Subject: BCV07-01022, Part of the NE4 of Section 29, T4N, R61 W, of the 6th P.M., Weld County, Colorado Dear Mr. Graff: 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 29-8-40 "Expiration of permit" To bring your property into compliance: All inspections shall be completed and the permit for a basement finish shall have final approval. 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. S ;rely, )11411g1 Peggy Gregory Building Compliance Officer pc: BCV07-01022 BCN-060144 SERVICE.TEAMWORK, INTEGRITY,QUALITY U.S. Postal Service:, T- CERTIFIED MAIL., RECEIPT to (Domestic Mail Only;No Insurance Coverage Provided) ru For•elivery inf•rmati nvisit.•ur we•site at www.us•s.c•me➢ ru ru Lr'I Postage $ m C Certified Fee C Postmark C Return Receipt Fee Here (Endorsement Required)c CI Restricted Delivery Fee - DJ (Endorsement Required) a Total Postage 8 Fees ul C Sent To Ronald Graff P- o.; orPO'BotN. 43820 HWY 34 City,State,ZIP+4 Orchard CO 80649 PS Farm 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. Signatur-- item 4 if Restricted Delivery is desired. / � ❑Agent • Print your name and address on the reverse X / ❑Addressee so that we can return the card to you. B. R eived by(Punted C. Date of Delivery • Attach this card to the back of the mailpiece, / or on the front if space permits. t/4/i?" R d—Di-67 D. Is delivery address different from item 1? O Yes 1. Article Addressed to: Irvery address below: a No Weld County Plann ng g�� rP�1e RONALD D GRAFF ^REELEY OFFICE 43820 HWY 34 +)V q 2007 ORCHARD CO 80649 P E' Mail ❑Express Mail 0 Registered 0 Retum Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) - 0 Yes 2. Article Number 7005 1820 0003 5225 2543 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 lite G DEPARTMENT OF PLANNING SERVICES Building Compliance Division , \ NORTH OFFICE P 918 10th Street, Greeley, CO 80031 Website:www.co.weld.co.us WilliE-mail Address: pgreoory(5 co.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 31, 2007 RONALD D GRAFF 43820 HWY 34 ORCHARD CO 80649 Subject: BCV07-01022, Part of the NE4 of Section 29, T4N, R61W of the 6th P.M., Weld County, Colorado Dear Mr. Graff: It has been determined that the property located at 43820 Highway 34 is currently in violation of the following Section of the Weld County Code: Section 29-840 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 on the permit for the basement finish. 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 31,2007. 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. Si�ly. n epy 4607 lgy Peggy Grggory Building Compliance Officer pc: BCN-060144 BCV07-01022 DEPARTMENT OF PLANNING SERVICES (14 Building Compliance Division NORTH OFFICE I918 10th Street Wi Greeley, CO 80631 pgregor eld.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 27, 2007 RONALD D GRAFF 43820 HWY 34 ORCHARD CO 80649 Subject: Permit# BCN-060144 — Part of the NE4 of Section 29, T4N, R61W of the 6th P.M., Weld County, Colorado Dear Mr. Graff: It has come to the attention of the Department of Building Inspection that a permit for a basement finish at 43820 Highway 34 was issued on May 5, 2006. According to our records, this permit will expire on May 28, 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. 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 complete valid 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, Peggy Gregory Building Compliance pc: BCN-060144 SERVICE.TEAMWORK.INTEGRITY.QUALITY eat/7 (it DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE ll 918 10th Street Wi Greeley, CO 80631 pgregoreeley, eld.co,us 0 Phone: (970) 353-6100, Ext, 3568 COLORADO � ii�a 9/0� Fax: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 November 17, 2006 RONALD D GRAFF 43820 HWY 34 ORCHARD CO 80649 Subject: Permit# BCN-060144— Part of the NE4 of Section 29, T4N, R61W of the 6th P.M., Weld County, Colorado Dear Mr. Graff: I previously contacted you regarding the above noted permit for a basement finish in the manufactured home at 43820 Highway 34 and the expiration date of November 1, 2006. An inspection was scheduled for November 3, 2006, but the inspector notified you that he could not do an inspection that is normally done in conjunction with framing and asked that you call to reschedule. To date, no further inspections have been scheduled. Failure to complete valid inspections or request an extension, in writing,within 10 days from the date of this letter 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. Srely, A Peggy Gregory Building Compliance pc: BCN-060144 SERVICE,TEAMWORK INTEGRITY.QUALITY a 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 • Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720)652-4211 October 5, 2006 RONALD D GRAFF 43820 HWY 34 ORCHARD CO 80649 Subject: Permit#BCN-060144—Part of the NE4 of Section 29, T4N, R61 W of the 6th P.M., Weld County, Colorado Dear Mr. Graff: It has come to the attention of the Department of Building Inspection that a permit for a basement finish at 43820 Highway 34 was issued on May 5,2006. According to our records,this permit will expire on November 1, 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 perm ittee 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 complete valid inspections or request an extension, in writing, by the expiration date of this letter 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, (111Y Art Peggy Gregory Building Compliance pc: BCN-060144 SERVICE,TEAMWORK,INTEGRITY,QUALITY Weld County Building Inspection Department 1555 North 17th Avenue, Greeley,CO 80631 970-353-6100,Ext.3540 Fax: 970-304-6498 Permit# BCN-060144 Status ISSUED Applied 04/20/2006 Issued 05/05/2006 Expires 11/01/2006 Job Address 43820 HWY 34 COL Job Location 43820 HWY 34 Job Description 1360 SF BASEMENT FINISH IN AN EXISTING MANUFACTURED HOME-FOR 2 BEDROOMS, 1 BATHROOM AND FAMILY ROOM-INCLUDES ELECTRIC,HEAT,AND PLUMBING REQUESTED VERIFICATION FROM HEALTH DEPT FOR 4 BEDROOMS REF PRN-053069&VI-0600048 05/05/06 WILL ONLY FINISH 949 SF IN BASEMENT. THERE WILL BE A TOTAL OF 3 BEDROOMS-SEPTIC OK-FEES CHANGED(BJM) Occ. Class R-3 Construction Type: Zone District AGRICULTURAL Parcel Number 1047-29-1-00-001 1997 UBC Valuation$17,556.50 MECHANICAL AIR O THERM 04/21/2006 Phone: 970-842-2655 1315 EDISON ST BRUSH CO 80723 PLUMBING DOUBLE J PLUMBING 05/05/2006 Phone: 970-867-6455 314 S LUKE FT MORGAN CO 80701 License: 178377 APPLICANT GRAFF RONALD 04/21/2006 Phone: 970-768-3941 43820 HWY 34 ORCHARD CO 80649 OWNER GRAFF RONALD D 04/21/2006 Phone: 970-768-3941 43820 HWY 34 ORCHARD CO 80649 CONTRACTOR KROHN PETE 04/21/2006 Phone: 970-768-0316 16299 RD 26 BRUSH CO 80723 ELECTRICAL SUPERIOR IRRIGATION 05/05/2006 Phone: 970-483-7247 115 E CENTRAL WIGGINS CO 80654 License: 5566 Minimum Required Zoning Setbacks N- 0 S- 0 E- 0 W- 0 SETBACKS N/A-BASEMENT FINISH REF PRN-053049/VI-0600048 FEE SUMMARY Total Permit Fees $356.25 Total Payments .00 Balance Due $0.00 FEE BREAKDOWN SUMMARY Item#Description Account Code Tot Fee Paid Prv.Pmts Cur.Pmts g` II'llll IIIII'I"I III"II�IIII III LL!i(iti"1111'ii!Ji"11:14A Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk 8 Recorder WHEN RECORDED RETURN TO: Name: Ronald D. Graff Address: 43820 US Hwy 34 Orchard, CO 80649 WARRANTY DEED THIS DEED, made this 17th day of December, 2004,between Leroy D. Peterson and Patty A. Peterson whose address is 43776 Hwy 34, Orchard, CO 80649, grantor, and Ronald D. Graff whose legal address is 43820 US Hwy 34, Orchard, CO 80649, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of$60,000.00, 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 said County of Weld and State of Colorado described as follows: Lot A,RECORDED EXEMPTION NO. 1047-29-1 RE 3853, recorded November 30, 2004 at Reception No. 3239513, being a part of the Northeast Quarter of Section 29, Township 4 North, Range 61 West of the 6th P.M., County of Weld,State of Colorado. Together with ingress and egress over the easterly 15' of Lot B of the same recorded exemption plat. also known by street and number as: 43820 US Hwy 34, Orchard, CO 80649 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 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 File Number: 20045919 STEWART TITLE Dom-Pit StewartTitle of Lamer County,Inc. OO Warranty Deed—Photographic Record(Individual) '* C. Pagel oft �nhu_41� 111111111111 IIIII IIIII 111111113111111 11111 IIII IIII 3245879 12/21/2004 11:14A Weld County, Co 2 of 2 R 11.00 D 8.00 Steve Moreno Clerk A Recorder 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 General taxes for the year 2003 and subsequent years; and those specific exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) In accordance with Section 8a(Title Review)of the Contract to Buy and Sell Real Estate relating to the above described property; distribution utility easements (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8b (Matters not shown by the Public Records) and Section 8c (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property, inclusion of the property within any special tax district; and, the benefit and burdens of any declaration and party wall agreements, if any. General taxes for 2003,payable in 2004, and except restrictions,reservations, rights of way, and easements of record,or in place. The grantor shall and will WARRANTY 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. Leroy D. eterson Patty Aeterson STATE OF Colorado COUNTY OF Weld The foregoing instrument was acknowledged before me this 17th day of December, 2004, by Leroy D.Peterson and Patty A. Peterson M commission expires June 18, 2005. Witness my hand and official seal. +zJtthtlJ 2 —"(----t Notary Public: Rhonda D. Renouf isPi?Y pUe RHONDA D. RENOl1F File Number: 20045914 \ *, , :0 Stewart Title of lanmer County,Inc. 1/<6..." Warranty Deed-Photographic Record(Individual) \ lF -"'p'�P OF COL , Page 2 of 2 ---:-..._-:...._.---_,<- *Net.: ``b}�� 'IM^ ,�I. t I �Pa� � `'...�;m�° 3 tMr Fx � {LS 1* �py,' , II - �p� a ,rg1 C..;:':7:.:4I10:::;tg,i ' .44 k tg i alb 41 � R fa., I ;f0 4 frig R ,• ,� gist Cr- . x a r, t xt 1$ ar F, Rt"a d 2,2 �� O : ' 3 .. in iYm" W 4 r -I P a t : $,.>i a t:11. 'wQ , i,sift a • 51,?y y . r g y t d n r wt v e ^� -�p I {{-'�� ' e F t ° ,.4'`i, a4 1 .074 ma"COO,' =.v O, • ,a a "�`€ v pn r ,�. hsifati } lr ..4si. ,., + t2rc ski" Gi '" 1$21, 1? w - ,f.. .:.„; ...:. ,) „.„.„,/,..„, V] r y vr,,"+b� 13 i...:•.":441,4- a -4 < '•4 AYE-• #i r I .:-.it.4.,,s.:;:`,"?:* w '4,t i,,� x } v,' .p.„,„:43/44, --i--4. F "� ''�v G�' f ` - uk�..§s''. t • I �¢- "'I ' z--°' a F„ r.,. � all .i' `{,..+„f,9 rs `fir+ ,� �!. :S.:141:14,211:::: R e,L, a} 'tRz', n-T•Th h • ,� r $t? I '4° ,; N Izu ¢s �'1 C bv . 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