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Home My WebLink About20060768.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0500394 AGAINST RANDY AND KRISTEN METTLEN 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,Randy and Kristen Mettlen,VI#0500394, 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 March, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Randy and Kristen Mettlen were 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 Randy and Kristen Mettlen 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. 2006-0768 PL0824 0 , I,!/OL- Cm . D3 -3o_Oco VIOLATIONS - VI #0500394 - RANDY AND KRISTEN METTLEN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D., 2006. 4 :,1ARD OF COUNTY COMMISSIONERS A rI a �D COON , COLORADO ATTEST: as 'i // i �I .' •, I i �• dCz, , Weld County Clerk to the Boar ,her poi �i BY. 1144€4 161F:14 ;avid E. Long, Pro-Tern D uty CIe"rk to the Bo .ir VC 'L_/-7.- '- William H. Jerke APP D AS TO F ��.�\I ��. Robert D. sdpn n y Atto ey > - lea Glenn Vaad " Date of signature: .3l zi 1° 2006-0768 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Randy and Kristen Mettlen Violation: VI-0500394 Permit Number: BCN-050129 Address: 20409 County Road 78, Eaton, CO 80615 Legal: Part of the SW4 of Section 21, T7N, R66W of the 6to P.M., Weld County, Colorado Location: North of and adjacent to County Road 78, 1/2 mile East of County Road 41 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 0709-21-3-00-002 Acres: 1.8 Certified mail date: January 26, 2006 Received: January 31, 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 the permit for the detached garage shall have final approval. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as there have been no inspections since May, 2005. CASE HISTORY November 4, 2005 10-day compliance letter issued. November 18, 2005 30-day violation letter issued. December 27, 2005 10-day letter to schedule inspections. January 26, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. 2006-0768 rsti;:„N DEPARTM..4T 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 WI 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 26, 2006 RANDY and KRISTEN METTLEN 20409 CR 78 EATON CO 80615 Subject: VI-0500394, Part of the SW4 of Section 21, T7N, R65W, of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Mettlen: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on March 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 detached garage shall have final approval. 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. S' Peggy regoryartr Building Compliance Officer pc: VI-0500394 BCN-050129 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal Service,. CERTIFIED MAD, RECEIPT • P- (Domestic Mail Only;No Insurance Coverage Provided) F r•ellvary inf rmati•n visit•ur we•slte at www.us•s.c•mm p tr7 Postage $ p Cenifiad Fee p Postmark p Return Receipt Fee Here (Endorsement Required) p Restricted Delivery Fee - 0-' (EndorsementDelivery Required) C ru Total Postage&Fees O Sent To p Randy and Kristen Mettlen r` or Box Street,Apt PO 20409 CR 78 City,State,za+< Eaton CO 80615 SEN•E' •N C•M•LETE THIS SECTI•N •N •ELI VERY • Complete items 1,2,and 3.Also complete A. Signatu . item 4 if Restricted Delivery is desired. , 0 Agent X ■ Print your name and address on the reverse 1 1119 0 Addressee so that we can return the card to you. R. ,y� ,ived y(Printed e) C. Date of Delivery • Attach this card to the back of the mailpiece, ,/l]J or on the front if space permits. I D. Is delivery:•dress different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No RANDY & KRISTEN METTLEN 20409 CR 78 EATON CO 80615 3. Service Type Ig Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 2890 0003 5709 4749 (Transfer from service lai PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 a i;s:, 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 COLORADO Fax: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 December 27, 2005 RANDY AND KRISTEN METTLEN 20409 CR 78 EATON CO 80615 Subject: Permit# BCN-050129—Part of the SW4 of Section 21, T7N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Mettlen: I have previously contacted you regarding the above noted permit for a detached garage at 20409 County Road 78 which was issued on April 12, 2005. The last inspection was on May 11, 2005, and the permit expired on November 7. Normally, at this point, a meeting is scheduled with the Board of County Commissioners to determine whether to refer the violation to the County Attorney's Office for legal action. I would like to avoid that, if possible, and ask that you schedule an inspection within 10 days from the date of this letter. Failure to do so will result in a notice advising of the date and time to appear before the Board of County Commissioners. 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. L--41Y 491 Peggy Gregory Building Compliance pc: BCN-050129 VI-0500394 SERVICE.TEAMWORK,INTEGRITY,QUALITY 4 DEPARTMENT OF PLANNING SERVICES cat(\f`ti: Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 ' Website:www.co.weld.co.us E-mail Address: pgregory(@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 November 18, 2005 RANDY& KRISTEN METTLEN 20409 CR 78 EATON CO 80615 Subject: VI-0500394, Part of the SW4 of Section 21, T7N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Mettlen: It has been determined that the property located at 20409 County Road 78 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 detached garage 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 November 18, 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 Attorneys 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. cere ,, Pegg gory Building Compliance Officer pc: BCN-050129 VI-0500394 6 ifr DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE ' 918 10th Street (Co Greeley, CO 80631 WI O 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 November 4, 2005 RANDY AND KRISTEN METTLEN 20409 CR 78 EATON CO 80615 Subject: Permit# BCN-050129 — Part of the SW4 of Section 21, T7N, R65W of the 6'h P.M., Weld County, Colorado Dear Mr. and Mrs. Mettlen: It has come to the attention of the Department of Building Inspection that a permit for a detached garage at 20409 County Road 78 was issued on April 12, 2005. According to our records, this permit expires on November 7, 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. Sincerely, Geri/vim Peggy Gregory Building Compliance pc: BCN-050129 SERVICE.TEAMWORK.INTEGRITY,QUALITY 263 1111111 III Mil HIE 1111111111111 III ii i IIII IIII 3270263 03/21/2005 03:42P Weld County, CO 1 of 1 R 6.00 D 12.90 Steve Moreno Clerk& Recorder Ckoc L �a' SPECIAL WARRANTY DEED AgRESERVES,Inc., A Utah Corporation, organized and existing under the laws of the State of Utah, with its principal office at Salt Lake City, County of Salt Lake, State of Utah, grantor, does hereby CONVEY and WARRANT against all claiming by, through or under said Grantor to: Randy Mettlen and Kristen Mettlen,husband and wife, as joint tenants, Grantee of Weld County, State of Colorado for the sum TEN AND NO/100THS DOLLARS, and other good and valuable considerations, the following described tract of land, in Weld County, State of Colorado: Lot B of Recorded Exemption No. 0709-21-3- RE 3851, recorded November 23, 2004 as Reception No. 3238027, being a part of Section 21, Township 7 North, Range 65 West of the 6`" P.M., County of Weld, State of Colorado. EXCEPTION AND RESERVING any and all irrigation water right. ALSO RESERVING unto the Grantor, an easement for the continued use, repair and replacement of all irrigation structures as they currently exist on the above-described property. ,.. ALSO RESERVING unto Grantor, all oil, gas, hydrocarbons and minerals of any type not previously reserved. C o Also known by street and number as: 20409 WCIk78, Eaton, Colorado. 2o(o (G- ().\4o f In witness whereof, the grantor has caused its corporate name to be hereunto affixed by o its duly authorized officer this 9day of March 2005. F AgRESERVES, INC., �� q� A Utah Corporation: c c � eLk : ohn W. Creer, President 1 STATE OF UTAH ) -, ) ss County of Salt Lake) rt T On the 17 day of March 2005, personally appeared before me John W. Creer, who being by me duly sworn, says that he is the President of AgReserves, Inc., a Utah Corporation, the corporation that executed the above and foregoing instrument and that said instrument was signed in behalf of said corporation by authority of its by-laws (or by authority of a resolution of its board of directors) and said he acknowledged to me that said corporation executed the same.re ea es IS nrsail J ��j I .,Eiji:, PATRICIAJ. Notary Public lid( . ee+ CIA. i My commission expires:Ma4e 1 e20 a1 co9 mY ` ' *ititKitt albss state or J SOO 15 TM Security - `ITitle Hello