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Home My WebLink About20060444.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JENNIFER SPANGLER, TRUSTEE OF THE SPANGLER IRREVOCABLE CHILDREN'S TRUST,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, Jennifer Spangler, trustee of the Spangler Irrevocable Children's Trust, VI #0400003, 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 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, Don Spangler, 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 owner to complete all inspections and a Certificate of Occupancy be 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 #0400003 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Jennifer Spangler, trustee of the Spangler Irrevocable Children's Trust, 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 owner to complete all inspections and a Certificate of Occupancy be issued to bring the subject property into compliance. 2006-0444 PL0824 VIOLATIONS -VI #0400003 - JENNIFER SPANGLER, TRUSTEE OF THE SPANGLER IRREVOCABLE CHILDREN'S TRUST 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. Eta BOARD OF COUNTY COMMISSIONERS WELD CO 'NTY, COLORADO ATTEST: a,"�'."/,`,�{' ► 1y''�'� � "77 .t//./9 . J. Geile, Chair Weld County Clerk to the EXCUSED BY: 'lit ClG1 .+� David E. Long, Pro-Tern D uty CI to the Board m H. Jerke APP AS TO F )\1\10— Robert D. Masde rf y Attorn y GI nn Vaad l<� Date of signature: 4310(p 2006-0444 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Jennifer L Spangler as trustee of the Spangler Irrevocable Children's Trust Violation: VI-0400003 Building Permit Number : BC-9800173 Mailing Address: 204 Allen Street, Fort Collins, CO 80525 Situs Address: 45525 County Road 15, Fort Collins, CO 80524 Legal: The S2S2NE4 and the N2N2SE4 of Section 18, T8N, R67W of the 6th P.M., Weld County, Colorado Location: West of and adjacent to County Road 15, 1/2 mile North of County Road 92 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 0055-18-0-00-018 Acres: 69.5 Certified mail date: January 16, 2006 Received: January 25, 2006 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 1998 and there are numerous inspections yet to be completed. CASE HISTORY December 19, 2003 10-day compliance letter issued. January 8, 2004 30-day violation letter issued. February 4, 2004 10-day letter to schedule inspections. August 26, 2004 10-day compliance letter issued April 11, 2005 10-day letter to request extension or schedule inspections. November 17, 2005 Phone call to Jennifer Spangler to remind of the expiration date, she will tell her husband. She said he has made some progress. 2006-0444 Violation Summary VI-0400003 page two November 21, 2005 Mr. Spangler came into the office today to discuss the building permit. He has many medical problems and does not have a time frame for completing the house. November 23, 2005 Meeting with Building Official regarding proceeding with action on the building permit. 10-day letter to request extension or get a new permit (permit fees were outlined.) December 12, 2005 30-day violation letter issued. January 16, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. January 27, 2006 Phone message from Jennifer Spangler. Don is at the Mayo Clinic and will call next week. III 6 DEPARTMENT OF PLANNING SERVICES Building Compliance Division F 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 January 16, 2006 DONALD SPANGLER 204 ALLEN ST FORT COLLINS CO 80525 Subject: VI-0400003, S2S2NE4 & N2N2SE4 of Section 18, T8N, R67W, of the 6`" P.M., Weld County, Colorado Dear Mr. Spangler: 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(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 the permit for the new single family dwelling shall have all inspections completed and a certificate of occupancy issued. 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. (2-79,Artr Peggy ory Building Compliance Officer pc:VI-0400003 BC-9800173 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal Services., o CERTIFIED MAILry RECEIPT -O (Domestic Mail Only;No Insurance Coverage Provided) F•r. inf rmati•n visit•iiur we•site at wvnv.us s.c•m�:; O O F I C P y [. ui Postage $ m O Codified Fee O O Return Receipt Fee Postmark (Endorsement Required) Here O ResMcted DelHery Fee - D' (Endorsement Required) C fU Total Postage 8 Fees •$a O t o oDonald Spangler "Street, o r PO Sox N 204 Allen ST City,State,ziP+4 Fort Collins CO 80525 PS Form 3800,June 2002 See Reverse for Instructions SEN I E': COiN'LETE THIS SECT/eN C e M•LETE THIS SECT/eN eN •EL/VERY • Complete items 1,2,and 3.Also complete A. Sig re Item 4 if Restricted Delivery Is desired. X l J� Agent ■ Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received by(printed .) C .a -of Delivery ■ Attach this card to the back of the mailpiece, /1 �f or on the front if space permits. \ _ D. Is delivery address different from item 1 • Yes 1. Article Addressed to: If YES,enter deliv ery address below: 0 No DONALD SPANGLER 204 ALLEN ST FORT COLLINS CO 80525 3. Service Type 01 Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 700'4 2890 0003 5709 4640- (Transfer from service hrr PS Form 3811,February 2004 Domestic Retum Receipt 102898-02-M-15 (0" 6 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 I Website: vvww.co.weld.co.us WI D E-mail Address: pgregory(o�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 December 12, 2005 DONALD SPANGLER 204 ALLEN ST FORT COLLINS CO 80525 Subject: VI-0400003, S2S2NE4 & N2N25E4 of Section 18, T8N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. Spangler: It has been determined that the property located at 45525 County Road 15 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 the permit for the new single family dwelling shall have final approval and a certificate of occupancy 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 December 12, 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. cer- y, Pegg ,r goryory Vet Building Compliance Officer pc: BC-9800173 VI-0400003 4 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 • SOUTHWEST OFFICE COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 November 23, 2005 DONALD SPANGLER 204 ALLEN ST FORT COLLINS CO 80525 Subject: Permit# BC-9800173- S2S2NE4 & N2N2SE4 of Section 18, T8N, R67W of the 6'" P.M., Weld County, Colorado Dear Mr. Spangler: Don,this letter is a follow-up to our conversation when you were in our office on Monday, November 21,2005. At that time, I told you I would speak to Roger Vigil, Building Official, regarding your outstanding building permit, which I did today. As you are well aware, the building permit for your new single family dwelling was issued on April 27, 1998,and is now more than seven years old and there are still numerous inspections to be completed. You also mentioned you are considering changing the floor plan to make the lower floor wheel chair accessible. Mr.Vigil suggests that,within 10 days from the date of this letter, you request, in writing, an extension of 180 days for this permit. At the end of that period, a meeting will be scheduled with the Board of County Commissioners to determine what procedure to follow. In the event the permit expires due to lack of activity or the Board of County Commissioners determine a new permit is necessary, we have estimated what fees will apply. Since your permit was issued in 1998, Weld County has initiated a Road Impact Fee and Capital Expansion Fee that now apply plus one half of the original fee: Fees paid in 1998 $2,940.61 %original fee $1,470.30 Capital Expansion 575.00 Road Impact Fee 1,987.00 $4,032.30 As you can see, it is in your best interest to make every effort to complete all inspections and receive a certificate of occupancy as soon as possible. Should you have any questions, I may be reached at 970-353- 6100, Ext. 3568. You may also speak to Roger Vigil at 970-353-6100, Ext. 3540. S' 7y, Peggy arry 961/7 Building Compliance pc: BC-9800173 VI-0400003 Roger Vigil, Building Official SERVICE.TEAMWORK.INTEGRITY.QUALITY (1. . a DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE lige, 918 10th Street Ili Greeley, CO 80631 pgregory@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 April 11, 2005 Donald Spangler 204 Allen Street Fort Collins CO 80525 Subject: Permit# BC-9800173-S2S2NE4 & N2N2SE4 of Section 18, T8N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. Spangler: This letter is in regard to the above noted building permit for a single family dwelling at 45525 County Road 15. It has been 180 days since the last inspection and the permit is in danger of expiration again. This permit is now almost seven years old and there are still numerous inspections to be completed. An inspection needs to be scheduled so any progress can be documented. If there has not been sufficient progress so that anything can be"approved,"it will be necessary to write a letter to request an extension which will need to be approved by the building official. The inspection must be scheduled within 10 days from the date of this letter to avoid further violation action. Should you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Si rely, lir *Ar Peggy Gregory Building Compliance pc: BC-9800173 VI-0400003 SERVICE,TEAMWORK.INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us C 918 10th Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO August 26, 2004 Donald Spangler Spangler Irrevocable Children's Trust 204 Allen ST Fort Collins CO 80525 Subject: Permit# BC-9800173-S2S2NE4 & N2N2SE4 of Section 18, T8N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. Spangler: It has been 180 days since the last inspection on the above noted permit for a new single family dwelling at 45525 County Road 15. This permit was issued on August 27, 1998. According to our records, all required inspections are not yet completed and this permit is now six years old and needs to be 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. Sincerely, 2 4/&7441 Peggy Gregory Building Compliance pc: BC-9800173 VI-0400003 • SERVICE,TEAMWORK,INTEGRITY,QUALITY Kit.,64,r--- DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US ' E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 O Fax: (970) 304-6498 • COLORADO February 4, 2004 Donald Spangler Spangler Irrevocable Children's Trust 204 Allen Street Fort Collins CO 80525 Subject: Permit#BC-9800173-S2S2NE4 & N2N2SE4 of Section 18, T8N, R67W of the 6th P.M., Weld County, Colorado Dear : I spoke with you on January 20, 2004, regarding the above noted building permit for a new single family residence. George Carroll then spoke with you and you stated you would be calling the week of January 27 for an inspection. To date, no inspection has been scheduled. Please schedule inspections within 10 days from the date of this letter to avoid 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. rely, Si lite . .� ut Peg y regory Building Compliance pc: BC-9800173 VI-0400003 SERVICE,TEAMWORK,INTEGRITY,QUALITY itittifik DEPARTMENT OF BUILDING INSPECTION �( Code Compliance Division \\ Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us i! N. 17th Avenue, Greeley, CO80631 WI Phone: (970) 353-6100, Ext. 3540 c1555 Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE January 8, 2004 Jennifer Spangler Spangler Irrevocable Children's Trust 204 Allen Street Fort Collins CO 80525 Subject: VI-0400003, S2S2NE4 & N2N2SE4 of Section 18, T8N, R67W, Weld County, Colorado Dear Ms. Spangler: It has been determined that the property located at 45525 County Road 15 is currently in violation of the following Section(s) 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 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 January 8, 2004, to correct this building 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. Si erelly, -- .9 U U Peggy Gregor Building Compliance Officer pc: BC-9800173 VI-0400003 Kit DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US ' C E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO • • • • December 19, 2003 Jennifer L Spangler Spangler Irrevocable Children's Trust 204 Allen Street Fort Collins CO 80525 Subject: Permit#BC-98001/3-S2S2NE4& N2N25E4 of Section 18,T8N, R67W, Weld County, Colorado Dear Ms. Spangler: It has come to the attention of the Department of Building Inspection that a building permit for a new single family dwelling at 45525 County Road 15 was issued on April 27, 1998. 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 foryour cooperation to this matter. Sirely, Pe� gory Building Compliance pc: BC-9800173 SERVICE.TEAMWORK,INTEGRITY,QUALITY AR2111491 - B 1175. REC 02119491. 10/40/87 10:12 F >3.00 1/001 0030 MARY ANN..FEUERSTEIN CLERK-a- RECORDER WELD co, CO WARRANTY DEED TFIIS DEED,Made Nis 29th day oe October ,1987 , between ROBERT L. HARTLEY and MARY ANN HARTLEY dcc c. AS 649 of the County of Larimer ,State of Colorado.grantors)and JENNIFER L. SPANGLER as Trustee of the SPANGLER State/fy9cumentary Fee IRREVOCABLE CHILDREN'S TRUST Dote V& 3O, 1487 whore legal address is 204 Allen Street $ Fort Collins, CO 80525 of the County of Larimer ,State of Colorado,gunee(s): WITNESSETH,That the grantor(s),for and in consideration of the sum of FIFTY-SIX THOUSAND (56,000) DOLLARS, theteceiptand sufficiency of which is hereby acknowledged,have granted,bargained,sold and conveyed,endbydem presents do grant, bargain.Wt.convey,and confirm,unto the granta(s), its heirs and assigns forever.all Ne real property,together with improvements, if any.situate,lying and being in the County of Weld .State of Colorado, described as follows: The S 1/2 of the 5 1/2 of the NE 1/4 and the N 1/2 of the N 1/2 of the SE 1/4 of Section 18, Township 8 North, Range 67 West of the Gth P.M., Weld County, Colorado. EXPRESSLY EXCEPTING and reserving unto the Grantors, their heirs, personal representatives, and assigns, forever, a nonexclusive,iperpetual easement 50 feet in width, over and across and upon the most westerly 50 feet of the above-described property for the construction, installation, and maintenance. of overhead or underground utility lines. also known by street and number as: TOGETHER with ell and singular the hereditament and appurtenances thereto belonging.or in anywise eppermiting,and the reversion and reversions,remainder end remainders,rams.issues and gnats tertot and all the estate,right,title,interest.claim and demand whatsoever of the grantor(s),either in law or equity.of,in and to the above bargained premises.with the hereditament'and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances.unto the grantee(s), its heirs and assigns forever.And the grantor(s),for themselves, the i rheirs and personal representatives,do covenant.grant.bargain,and agree to and with the grommets). its heirs and assigns,that antic time of the enseating 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 have good right,full power and authority to grant.bargain,sell and convey the same in manner and form as aforesaid.and that the same are bee and clear from all former and either gran¢,bargains,sales.Liens,taxes,assessments.encumbrances.and resolutions of whatever kind or nature soave, except and subject to easements, restrictions, reservations,,and rights of way of record; oil, gas, and other mineral reservations and exceptions of record; devel- opment standards as shown on the Use by Special Review Map recorded December 17, 1986, in Book 1138 at Reception No. 2080925; terms, conditions, and provisions of an Agreement between Orville Charles Hawkins and Virgil Lyle Hawkins and Robert L. Hartley and Mary Ann Hartley recorded January 8, 1987, in Book 1142 at Reception** The grantor(%)shall and will WARRANT AND FOREVER DEFEND the above-bargalned premises in the quiet andpeas:able possession of the grmtee(s), its his heirs and usigns.againstall and every person erections lawfully claming the whole orany parttemot IN WITNESS WHEREOF,the grantor Cs)have executed this deed on the date set forth above. STATE OF COLORADO } u. County of Larimer J The foregoing instrument wax acknowledged before me this 29th day of October .1987 by ROBERT L. HARTLEY,� and MARY ANN HARTLEY. `\\\\tuttMD'urn„ My commission expires /•/4y /3//9 '7 Witness my hand and official sea). sJ` 6 P' RPp AA **No. 2083985; a Farm.Lease between , e¢ /,J / o''e r;'r $Y .. Orville'-Charles Hawkins and Virgil ( Mousywae r Lyle Hawkins and Leonard L. Anderson; • -D-a'o- and fy�real vaproperty taxes for the year P(,ig�\� 'f�ra„,%pil f'rh'yea,4ent years. 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