Loading...
HomeMy WebLinkAbout20061012.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600041 AGAINST VICTORIA LEMAY 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,Victoria LeMay,VI#0600041,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 11th day of April, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Victoria LeMay 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 Victoria LeMay 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. 2006-1012 PL0824 be; PL, wt.-, VIOLATIONS -VI #0600041 -VICTORIA LEMAY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of April, A.D., 2006. BOARD OF NTY COMMISSIONERS �A�...`` WELD C , COLORADO ATTEST: Li/ /I� �r L M. J. "le, Chair Weld County Clerk to th ':.' r David E. Long, Pro-Tern Deputy Clerk to the Boa? SW " A- Wi " m H. Jerke APP AS TO FO • Robert D. Masden ounty A u y EXCUSED Glenn Vaad Date of signature: /Y-I -Ai -oCn 2006-1012 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Victoria LeMay Violation: VI-0600041 No Permit Address: 15468 Lamb Avenue, Fort Lupton, CO 80621 Legal: Lot 3, Block 52,Aristocrat Ranchettes#2, Weld County, Colorado Location: Between County Roads 16 and 18, East of County Road 31 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1309-27-3-13-006 Acres: .99 Certified mail date: March 17, 2006 Received: March 22, 2006 Currently the property is in violation of: Chapter 29, Article III, Section 29-3-10 REMEDY To bring the property into compliance, a permit application to attach a mobile home to the existing mobile home shall be submitted along with all required documentation, all fees paid, the permit issued and all inspections completed and a certificate of occupancy issued. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as there have been two previous permits, both have expired due to lack of inspections. CASE HISTORY February 8, 2004 Permit number BCS-020424 expired due to lack of inspections July 20, 2004 10-day letter to Victoria LeMay to submit new building permit application. August 5, 2004 Inspection scheduled but no progress had been made since 01/29/04. August 25, 2004 10-day letter advising a new permit application shall be submitted. August 30, 2004 Phone call from Victoria LeMay, she believes we will not issue her a new permit due to numerous violation issued. Letter reiterating that a new permit application is necessary. August 31, 2004 Phone call from Roger Vigil, Building Official, to Victoria LeMay, she needs to have an inspection by 09/08/04 to avoid expiration of the permit. September 15, 2004 Letter advising permit number BCS-020424 cannot be extended. 2006-1012 VI-0600041 Violation Summary page two October 11, 2004 Permit number BCS-040405 issued. April 14, 2005 10-day compliance letter issued. January 19, 2006 Letter advising permit number BCS-040405 has expired, new permit is necessary. February 2, 2006 30-day violation letter issued. March 17, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. re; tis;it, 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 Q SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 COLORADO Phone: (720)652-4210, Ext. 8730 Fax: (720)652-4211 March 17, 2006 VICTORIA LEMAY 15468 LAMB AV FORT LUPTON CO 80621 Subject: VI-0600041, Lot 3, Block 52, Aristocrat Ranchettes#2, Weld County, Colorado Dear Ms. LeMay: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on April 11, 2006, at 10:00 a.m., to consider the violations. The property is in violation of the following Section of the Weld County Code: Chapter 29,Article Ill, "Building Permits" Section 29-3-10 "Building permit required." To bring your property into compliance: A building permit application and all required documents shall be submitted to attach a mobile home to an existing mobile home, all required fees paid,the permit issued, and all inspections completed. 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. CAy Peggy Gregory Building Compliance Officer pc: VI-0600041 VI-0500169 Bethany Salzman, Zoning Compliance Officer SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal ServiceTM CERTIFIED MAIL,, RECEIPT in (Domestic Mail Only;No Insurance Coverage Provided) N F•r •elivery inf•rmati•n visit •ur we•site at www.us•s.c•m., r m uA i @ tri Postage $ O Certified FeeCI O Postmark Return Receipt Fee (Endorsement Required) Here Restrd Delivery Fee '� (Endorsement Rest cte Required) rR Total Postage 8 Fees $ lit O ant o r VIQRIA LE NAY orPO enrNe. 15.46$___I,AIID Ay City,State,ZIP+e it UPTON CO 80621 PS Form 3800.June 2002 See Reverse for Instructions SEN'E•: C e M•LETS THIS SECTI• CeM•LETE THIS SECTNN•N DELNE•Y • Complete items 1,2,and 3.Also complete A. Signature itPem 4 if Restricted Deliverynt your name and address s desired. on the reverse X 0 Agent so that we can return the card to you. '� 0 Addressee • Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. L1 \ 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No VICTORIA LE MAY • 15468 LAMB AV FORT LUPTON CO 80621 3. Service Type flCertified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number ms 7005 1160 0001 4537 7588 (Transfer/torn spMce m PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 4 DEPARTMENT OF PLANNING SERVICES �11 Building Compliance Division �l NORTH OFFICE 918 10th Street, Greeley, CO 80631 ' Website: www.co.weld.co.us Wi E-mail Address: pgregoryco.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 February 2, 2006 VICTORIA LEMAY 15468 LAMB AV FORT LUPTON CO 80621 Subject: VI-060001, Lot 3, Block 52, Aristocrat Ranchettes #2, Weld County, Colorado Dear Ms. LeMay: It has been determined that the property located at 15468 Lamb Avenue is currently in violation of the following Section of the Weld County Code: Chapter 29,Article Ill,"Building Permits." Section 29-B-10 "Building permit required." To bring your property into compliance with the Weld County Code: A building permit application and all required documents shall be submitted to attach a mobile home to an existing mobile home,all required fees paid,the permit issued,and all inspections completed. 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 February 2, 2006, 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. Peg y Vrego�y Building Compliance Officer pc: VI-0600041 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE ' 918 10th Street Ce 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: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 January 19, 2006 VICTORIA LEMAY 15468 LAMB AV FORT LUPTON CO 80621 Subject: Permit#BCS-040405— Lot 3, Block 52, Aristocrat Ranchettes #2, Weld County, Colorado Dear Mr. LeMay: On October 11, 2004, you were issued a permit to attach a mobile home to an existing mobile home with a permit fee of only$21.00. At that time, it was explained that this permit would expire in one year. This was the second permit issued for this project; the first expired on August 24, 2004, due to lack of inspections. As per Section 29-7-30.F of the Weld County Code which states "Construction and all required inspections shall be completed and finalized within one (1) year from the date of issuance of the building permit," the above noted permit has now expired. It will be necessary to submit a new building permit application(which I have enclosed), all necessary documentation, and pay the full permit fees. Failure to submit the application and the information listed on the back of that form within 10 days from the date of this letter will result in 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. Sincerely, Peggy Gregory Building Compliance pc: BCS-040405 VI-0500169 Bethany Salzman, Zoning Compliance Officer Roger Vigil, Building Official SERVICE.TEAMWORK,INTEGRITY,QUALITY 0 c e DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE C 918 10th Street Greeley, CO 80631 Opgregory@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 April 14, 2005 Victoria LeMay 15468 Lamb AV Fort Lupton CO 80621 Subject: Permit# BCS-040405—Lot 3, Block 52, Aristocrat Ranchettes#2, Weld County, Colorado Dear Ms. LeMay: It has come to the attention of the Department of Building Inspection that a permit to attach a manufactured home to the existing mobile home at 15468 Lamb Avenue was issued on October 11,2004. According to our records, this permit expired on April 9, 2005, and all no 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 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. Sincerely,A Grfr ir Peggy Gregory Building Compliance pc: BCS-040405 SERVICE,TEAMWORK,INTEGRITY,QUALITY illt. a lig DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US liD E-mail Address: pgregory@co.weld.co.us De. 918 10`h Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORAD September 15, 2004 Victoria LeMay 15468 Lamb AV Fort Lupton CO 80621 Subject: Lot 3, Block 52, Aristocrat Ranchettes #2, Weld County, Colorado Dear Ms. LeMay: This letter is in regards to building permit number BCS-020424 to attach a manufactured home to the existing mobile home at 15468 Lamb Avenue. As we have discussed before, Chapter 29, Article VIII of the Weld County Code refers to mobile, manufactured or factory-built home permits. Section 29-7-10.F states "Construction and all required inspections shall be completed and finalized within one(1)year from the date of issuance of the building permit" This permit is now expired as we do not have the authority to extend it beyond that one year. We have discussed this matter and concluded it is necessary to submit a new permit application; however,the application fee will be only $21.00. Once this permit is issued, you will then have one year to complete all necessary inspections and receive a Certificate of Occupancy. This application should be submitted for only the connection of the two homes. A separate permit shall be submitted for the covered porch and deck when you are ready to proceed with that portion. I am enclosing two Building Permit Applications for your convenience. Please submit the one for the connection of the two homes, along with $21.00,within 10 days from the date of this letter or we will have no option but to charge the full permit fees. If you have questions, please feel free to contact either of us at 970- 353-6100 Ext. 3540. Sin�ly, �,vj79r 0671-O Gm Sgokr Roger Vigil Peggy Gregory Building Official Building Compliance pc: VI-0200316 BCS-020424 Bethany Salzman, Zoning Compliance Officer SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTION T Website: WWW.CO.WELD.CO.US ' E-mail Address: pgregory@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970)304-6498 COLORADO August 30, 2004 Victoria LeMay 15468 Lamb AV Fort Lupton CO 80621 Subject: Lot 3, Block 52, Aristocrat Ranchettes#2, Weld County, Colorado Dear Ms. LeMay: I spoke with you today regarding building permit number BCS-020424 to attach a mobile home to the existing mobile home at 15468 Lamb Avenue. You referenced my letter dated August 25, 2004,that stated the permit was expired and it is now necessary to apply for a new permit. Bethany Salzman,Zoning Compliance Officer, met with you on July 19, 2004, and gave you a notice that also stated a new permit was required. (I am enclosing a copy of that notice). Chapter 29,Article VIII of the Weld County Code refers to mobile,manufactured or factory-built home permits. Section 29-7-10.F states"Construction and all required inspections shall be completed and finalized within one (1)year from the date of issuance of the building permit." As this permit was issued on August 12,2003,the one year limit has expired. As I stated in my previous letter, it is now necessary to submit a new building permit application. In the event you have misplaced the application I sent you, I am enclosing another application. Please submit this application within 10 days from the date of this letter. If you have any questions, I may be reached at 970-353- 6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, pn.cp� SPY Peggy regory Building Compliance pc:Vl-0200316 Bethany Salzman, Zoning Compliance Officer Roger Vigil, Building Official Dennis Renley, Plans Examiner Bryon Horgen, Plans Examiner SERVICE.TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US IBC. . E-mail Address: pgregory@co.weld.co.us WI 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 Fax: (970)304-6498 COLORAD August 25, 2004 Victoria LeMay 15468 Lamb AV Fort Lupton CO 80621 Subject: Lot 3, Block 52, Aristocrat Ranchettes#2, Weld County, Colorado Dear Ms. LeMay: An inspection was scheduled for August 5, 2004, on building permit number BCS-020424 to attach a mobile home to the existing mobile home but there had been no progress from the previous inspection of January29, 2004. Since no valid inspection was performed,that permit is now expired and it is necessary to submit a new permit application to either the Greeley Office or the Southwest Weld Office within 10 days from the date of this letter. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely,�]a(Q Art Peggy Gregory Q Building Compliance SERVICE,TEAMWORK,INTEGRITY,QUALITY • jr(tie DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO July 20, 2004 Victoria LeMay 15468 Lamb AV Fort Lupton CO 80621 Subject: Lot 3, Block 52, Aristocrat Ranchettes #2, Weld County, Colorado Dear Ms. LeMay: As you are aware, building permit number BCS-020424 to attach a mobile home to the existing mobile home has expired and it is necessary to get a new permit. I am enclosing a Building Permit Application for your convenience. Please submit this application to either the Greeley Office or the Southwest Weld Office within 10 days from the date of this letter. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. OSincerely, r Serer Peggy Gregory Building Compliance pc: BCS-020424 Bethany Salzman, Zoning Compliance Officer SERVICE,TEAMWORK,INTEGRITY,QUALITY Hello