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HomeMy WebLinkAbout20060447.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TODD AND MELANY UBEL 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, Todd and Melany Ubel, VI #0500133, 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 February, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Todd Ubel, property owner, 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 August 14, 2006, to allow adequate time for the property owners to complete ail inspections and a Certificate of Occupancy issued to bring the subject property into compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0500133 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Todd and Melany Ubel 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 August 14, 2006,to allow adequate time for the property owners to complete all inspections and a Certificate of Occupancy issued to bring the subject property into compliance. 2006-0447 ((� : /ELI vi PL0824 03 -i7--O6 VIOLATIONS -VI #0500133 - TODD AND MELANY UBEL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2006. BOARD OF COUNTY COMMISSIONERS Et `,_�D J"- ► a� ELD COU , COLORADO ATTEST: iate 43?�1� � J. eile, Chair Weld County Clerk to the 1.46 / XCUSED David E. Long, Pro-Tem BY:4itttl � I'•' y C the Boar• iam H. J((erke APP AST • Ah11 2 Robert D. Masden dnt Att rney (///// r( R d-P1/� Glenn Vaad Date of signature: 3I 131019 2006-0447 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Todd and Melany Ubel Violation: VI-0500133 Building Permit Number: BC-0100625 Address: 7496 County Road 10, Fort Lupton, CO 80621 Legal: Part of the E2E2NW4 of Section 17, Ti N, R67W of the 6`"P.M., Weld County, Colorado Location: South of and adjacent to County Road 10, 1/2 mile east of County Road 15 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1469-17-0-00-015 Acres: 39.5 Certified mail date: January 6, 2006 Received: Returned "Unclaimed'01/30/06 January 31, 2006, letter posted on site Currently the property is in violation of: Chapter 29,Article VIII, Section 29-8-40 REMEDY To bring the property into compliance, all inspections shall be completed and a certificate of occupancy issued on the permit for the new single family dwelling. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as this permit was issued in 2001 and all final inspections remain to be completed. There have been no inspections since 04/25/05. CASE HISTORY January 30, 2004 10-day compliance letter issued. February 11. 2004 Phone call from owner, an inspection will be scheduled. August 17, 2004 10-day compliance letter issued. September 1, 2004 Phone call from owner, inspection scheduled. March 3 , 2005 10-day compliance letter issued March 18, 2005 Phone call from owner, inspections scheduled. Inspections later cancelled. April 5, 2005 30-day violation letter issued. October 24, 2005 10-day compliance letter issued. 2006-0447 Violation Summary VI-0500133 page two November 28, 2005 30-day violation letter issued. January 6, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. January 30, 2006 Certified letter returned "Unclaimed." January 31, 2006 Letter indicating the violation case is scheduled before the Board of County Commissioners posted on site. Inspector noted derelict vehicles on the property plus a mobile home that is being occupied without a zoning permit. February 2, 2006 Letter from Bethany Salzman, Zoning Compliance Officer, regarding zoning violation. February 6, 2006 Phone call from Todd Ubel stating he had received the letter that was posted on site and will attend the violation hearing on 02/14/06. 5 bx Ne .drr -ee 5 „ s E q �% � Z R ,'I � x J 2d ` v.. i d a i f- F i , . ,�i ter. j: V/- Osoo/33 Ill O/OO6a V /�3i�o to o 0 - d'o m III m p (0 OW 5 m wl;N 0 I aqa U ' tR� a N kr r I n 0-lIN(1 0 o a. St, ca �'v W r sac -raftl Q to eamme � z we 6.72 = Q 0 IS U Y 4 rY a-ti W o .zz _ a ccz _ L_ Ine Q- W K tab Yi9�{i CO Q--R I- — W z w 3�c�qi F _: o a ,�W N 2 tD 1 c core 0 a g in I- n N y O I mq o O d 'yN •JC G , CV N C Aa m w o m 0 gill Stir E c � � 90020 o.v co 4, JUst�j�3,213.-0 Ni,'' om' o� c� wen wekA 0�p/a iii M CM DEPARTMLIJT 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 Fax: (970) 304-6498 SOUTHWEST OFFICE e 4209 CR 24.5, Longmont, CO 80504 COLORADO Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 January 6, 2006 TODD and MELANY UBEL 7496 CR 10 FORT LUPTON CO 80621 Subject: VI-0500133, Part of the E2E2NW4 of Section 17, T1 N, R67W, of the 6`h P.M., Weld County, Colorado Dear Mr. and Mrs. Ubel: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on February 14, 2006, 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 necessary inspections shall be completed and a certificate of occupancy shall be issued on the permit for a new single family dwelling. 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. Peggy tre9ory Building Compliance Officer pc: VI-0500133 BC-0100625 SERVICE,TEAMWORK, INTEGRITY,QUALITY '40-46 44114ril DEPARTMENT OF PLAN NING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street ' Greeley, CO 80631 pgregory@co.weld.co.us WI D 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 November 28, 2005 TODD and MELANY UBEL 7496 CR 10 FORT LUPTON CO 80621 Subject: VI-0500133, Part of the E2E2NW4 of Section 17, T1 N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Ubel: It has been determined that the property located at 7496 County Road 10 is currently in violation of the following Section of the Weld County Code: Section 29-8-00 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 necessary inspections shall be completed and the permit for the new single family dwelling shall have final approval and a certificate of occupancy shall be issued. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from November 28, 2005, to correct this violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation 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. rut Peggy-uretory Building Compliance Officer pc: BC-0100625 VI-0500133 tali; DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE ip 918 10th Street C Greeley, CO 80631 Opgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 COLORADO Fax: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 October 24, 2005 TODD and MELANY UBEL 7496 CR 10 FORT LUPTON CO 80621 Subject: Permit# BC-0100625— Part of the E2E2NW4 of Section 17, Ti N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Ubel: It has come to the attention of the Department of Building Inspection that a permit for a new single family dwelling at 7496 County Road 10 was issued on August 2,2001. According to our records,this permit expired on October 22, 2005, and all 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, 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. S. ere , -1 ,err Peggy Gregory Building Compliance pc: BC-0100625 VI-0500133 SERVICE,TEAMWORK,INTEGRITY,QUALITY (Ves4 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: (970) 652-4210, Ext. 8730 Fax: (720)652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE April 5, 2005 Todd and Melany Ubel 7496 CR 10 Fort Lupton CO 80621 Subject: VI-0500133, Part of the E2E2NW4 of Section 17, T1 N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Ubel: It has been determined that the property located at 7496 County Road 10 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 necessary inspections shall be completed and the permit for the new single family dwelling shall have final approval. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however,we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from April 5, 2005, to correct this violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation 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. Sincerely, Peggy Gregory Building Compliance Officer pc: BC-0100625 VI-0500133 a rice DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street C Greeley, CO 80631 O pgregory@co.weld.co.us ld.co.us Phone: (970)3 53-6100, Ext. 3568 • Fax: (970)304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970)652-4210, Ext. 8730 Fax: (720)652-4211 March 3, 2005 Todd and Melany Ubel 7496 CR 10 Fort Lupton CO 80621 Subject: Permit#BC-0100625—Part of the E2E2NW4 of Section 17, Ti N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Ubel: It has come to the attention of the Department of Building Inspection that a permit for a new single family dwelling at 7496 County Road 10 was issued on August 2,2001. According to our records,this permit expired on March 2, 2005, and all 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,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. 6Siely, iir 3 P 4 Peggy Gregory Building Compliance pc: BC-0100625 SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US ll E-mail Address: pgregory@co.weld.co.us Wi 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 O Fax: (970) 304-6498 COLORADO August 17, 2004 Todd and Melany Ubel 7496 CR 10 Fort Lupton CO 80621 Subject: Permit# BC-0100625 - Part of the E2E2NW4 of Section 17, Ti N, R67W of the 61"P.M., Weld County, Colorado Dear Mr. and Mrs. Ubel: It has been 180 days since the last inspection on the above noted permit for a new single family dwelling at 7496 County Road 10. This permit was issued on August 2, 2001. According to our records, all required inspections are not yet completed. Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. To schedule inspections,please call our 24-hour request line at 1-800-234-2534 or 970-356-8016. Should you have any questions, I may be reached at 970-353-6100 Ext. 3568. Thank you for your cooperation to this matter. gagory Building Compliance pc: BC-0100625 SERVICE,TEAMWORK,INTEGRITY,QUALITY i(eir.A9 DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US liD E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970)353-6100, Ext. 3540 Fax: (970)304-6498 • COLORADO January 30, 2004 Todd and Melany Ubel 7496 CR 10 Fort Lupton Co 80621 Subject: Permit# BC-0100625—Part of the E2E2NW4 of Section 17, T1 N, R67W of the 6'" P.M., Weld County, Colorado Dear Mr. and Mrs. Ubel: It has come to the attention of the Department of Building Inspection that a permit for a new single family dwelling at 7496 County Road 10 was issued on August 2, 2001. According to our records, all required inspections have not been completed. Failure to schedule inspections within 10 days from the date of this letter will result in a violation 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. 3540. Thank you for your cooperation to this matter.17Peggy gory " - Building Compliance pc: BC-0100625 SERVICE,TEAMWORK,INTEGRITY,QUALITY Rrcnrded at ,J _ B 1422 REC 02368934 01/12/94 15:19 $5.00 1/001 AR2368934 F 0554 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • WARRANTY DEED THIS DEED,Made this 5TH day of JANUARY,1994 between DONALD E.MCLAIN and CREME M.MCLAIN of the City and County of DENVER and State of COLORADO,grantor, and TODD L.UBEL and MELANY ILICELLER STATE /DOCU)7ENTAI FEE whose legal address is 14293 EAST MISSISSIPPI AVENUE 4156, Date ////.h., / 94/ AURORA,COLORADO 80012 of the County of ADAMS and State of COLORADO,grantor: $ 4W 7s DOLLARS, (547,500.00 that the),,) the receipt and sufficienc for and in yn of the sum of of which is hereby acknowledged,hasN THOUSAND FIVE HUNDRED AND eyed,and by thesepresents doesY Y g granted, assigns sold and conveyed, in grant, , all sell, convey and confirm unto h the ,their ,heirs and assigns dforever,innot in tenancy of M LD, but in fjoint tenancy,d, all the real property, together with improvements, if any,situate,lying and being la the County of WELD,and State of Colorado,described as follows: I- THE EAST HALF(F12)OF THE EAST HALF(Elf2)OF THE NORTHWEST (1) NORTH,NO RRANGE SIXTY-SEVEN(67)WEST OF IM)OF SECTION SEVENTEEN(17), E SIXTH(6TH)P TOWNSHIP M.., EXCEPT A FIFTY FOOT(50')ROAD EASEMENT ON THE NORTH,A FORTY 3 FOOT(40')ROAD EASEMENT ON THE EAST AND A FORTY FOOT(40) ROAD EASEMENT ON THE SOUTH, COUNTY OF WELD, STATE OF COLORADO SELLERS ARE TO RETAIN ALL OIL, GAS, MINERAL AND WATER RIGHTS IF NOW OWNED BY SELLERS. --•• • also known by street and number as VACANT LAND,FORT LUPTON,COLORADO 80621 TOGETHER with all and singular the hereditament, 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 grantees,their heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantees,their heir and assigns,that at the time of the ensealing and delivery ofthese 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 aforesaid,and that the same are free and dear from all former and other grants, bargains, sales, liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year,a lien but not yet due or payable,easements,restrictions,reservations,covenants and rightsof-way of record,if any, The grantor shall and will WARRANT AND FOREVER DEFEND the above•bargained premises in the quiet and peaceable possession of the grantees,their heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The h WITNESS WHEREOF the number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN grantor has executed this deed on the date set forth above. $1 •1x.1.1 •�• f`- .id— ,h --. NALDh ML by DONALD E.MCLAIN as Attorney in fact STATE OF COLORADO •)ss. • , • COUNTY OF ADAMS instrument was acknowledged before me this STH day of JANUARY,1994 by DONALD E.MCLAIN and DONALD .,-.rney N fart for CHERRIE M.MCLAIN EJSjo,ex.) 06'22-97 Witness my hand and� rciai A�GIULETA f Witness nE r�Ag i �. +g Sg. 19EgT'F� '•'11�~••.•..-..-•%P,P: BRIGHTON,BCO ORAD0�80601 Navy MAN Na 5214 nn.345 WARRANtY D®(to Joint Teals) x •' r; 71, • • 4.W' mitir _ ., rRa �°.r' ka kr :.% : ., .i 5.x a0'. v ?' �a} ^s �,'9, W o' . "S .- .--t-"1.. ..d fir`.£' l7 °3[isY Hex t�,..a x u�'`}. }, ` : >: K.141104 �+'F ' �"k Cf Pa + Q. o S yr`.. 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