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HomeMy WebLinkAbout20060450.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST GIAVONNI PALOMBO 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, Giavonni Palombo, VI #0500414, 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, Giavonni Palombo, 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 April 14, 2006, to allow adequate time for the property owner to complete all inspections and have a final approval to bring the subject property into compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0500414 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Giavonni Palombo 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 April 14, 2006, to allow adequate time for the property owner to complete all inspections and have a final approval to bring the subject property into compliance. 2006-0450 •00 ; P-j, Uto'- PL0824 Q3- i7 -aCa VIOLATIONS -VI #0500414 - GIAVONNI PALOMBO 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 IE Lt\WELD COW , COLORADO ATTEST: ikail ! i/. /: !� �_✓� . , :'• ' i.A . J. eile, Chair Weld County Clerk to the Res � XCUSED �� • I David E. Long, Pro-Tern BY: 61 t r aftY•�.rrl De ty Cle'k to the Board '1-1%n% -Wc.,$)n . Jerke D AS TO FO Robe D. Mas n o my Attorney ,Gj// Glenn Va Date of signature: 31131J 2006-0450 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Giavonni Palombo Violation: VI-0500414 Building Permit Number: PRN-053014 Mailing Address: 20015 CR 89, Orchard, CO 80649 Situs Address: 43986 Highway 34, Orchard, CO 80649 Legal: Part of the NE4 of Section 29, T4N, R61 W, of the 6'" P.M., Weld County, Colorado Location: South of and adjacent to US Highway 34, '/<mile East of County Road 87 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1047-29-0-00-012 Acres: 79.57 Certified mail date: December 15, 2005 Received: December 27, 2005 Currently the property is in violation of: Chapter 29, Article VII, Sections 29-7-120 and 29-7-130 REMEDY To bring the property into compliance, the permit for the office trailer 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 permit expired on January 3, 2006, and there have been no inspections since December 16, 2005. CASE HISTORY June 23, 2005 Letter to pick up permit and pay fees, trailer already on the property. December 15, 2005 Phone call from Mr. Palombo requesting extension. I explained we cannot extend mobile home permits and will schedule with the Board of County Commissioners. December 15, 2005 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. 2006-0450 Q DEPARTMENT OF PLANNING SERVICES Building Compliance Division F NORTH OFFICE 918 10th Street, Greeley, CO 80631 ' pgregory@co.weld.co.us IIIPhone: (970) 353-6100, Ext. 3568 O 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 December 15, 2005 • GIAVONNI PALOMBO 45600 HWY 34 ORCHARD CO 80649 Subject: VI-0500414, Part of the SE4 of Section 20, T4N, R61 W, of the 6th P.M., Weld County, Colorado Dear Mr. Palombo: 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: Chapter 29,Article VII "Mobile, Manufactured or Factory-Built Home Permits" Section 29-7-120 "Required inspections." Section 29-7-130 "Certificate of occupancy." • To bring your property into compliance: • All inspections shall be completed and the permit for the office trailer 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. cere , , A ry • Peggy Gregory Building Compliance Officer pc: VI-0500414 PRN-053014 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal Servicen, CERTIFIED MAILM RECEIPT S (Domestic Mail Only;No Insurance Coverage Provided) a- F r•elivery lot•rmati nvisit•ur we•site at www.uspa.c.mW °5 tri Postage $ m p Certified Fee O Postmark O Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee d' (Endorsement Required) c0 (U Total Postage&Fees O Sent r% ca•I'43a[on or ni a&m ho reet,apr.NO.; 45(000 /hwY 3 4t or PC Box No. /� City,Stare.ZIP+4Or AI , 2. �fgo/ v9 PS Form 3800.June 2002 See Reverse tor Instructions • SEN•E•: C•M'LETETHISSECTI•N C•M'LETETHISSECTI•N •N 'ELIVE'Y • Complete items 1,2,and 3.Also complete A. Signatt)w Item 4 if Restricted Delivery is desired. '-2. - 0 Agent • Print your name and address on the reverse X < '� . i-7/>N.G t Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. 1 ' C\C.\ -Z 2-o D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: St.No GIAVONNI PALOMBO 45600 HWY 34 ORCHARD CO 80649 3. Service Type ®Certified Mail ❑Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7pI0 � 9 � g o :1307 7019 44e8 PS Form 3811,February 2004 Domestic Return Receipt 102595-0 2-M-1540 a Kit DEPARTMENT OF BUILDING INSPECTION PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 WI is C WEBSITE: wwvv.co.weld.co.us C 918 10TH STREET GREELEY, COLORADO 80631 COLORADO Building permit [Pt W✓'i-+ai4 for afactory-built/m/�anufrojctured/mobile r7 y home at `1- (�� 4L1,,V ?)1+ is being issued on V-7 l ✓ . Section 29-7-130 of the Weld County Code states: "The certificate of occupancy shall be obtained no later than one hundred eighty(180) days after the permit is issued. Failure to obtain the certificate of occupancy within the one-hundred-eighty-day period will be sufficient reason to consider the mobile, manufactured or factory-built home in violation of this Building Code." If all inspections are not co pleted and a Certificate of Occupancy issued by CAI03`no a Certified letter will be mailed to the property owner as notification of the date and time the violation case is scheduled before the Board of County Commissioners. It is at the discretion of this Board whether you will have additional time to complete the remaining inspections. Respectfully, // l ' `i Roger Vigil Building Official Signed: Relationship to Property Owner: cc: Building Compliance Officer Office Tec - inBuilding Permit File Date 01� 111. ' ' Prfd.dtl-o ► or ( cf1 tC . GI -"nibs A3 o ) KiHt • •D5 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE ' 918 10th Street Greeley, CO 80631 O Weld County Planning Department Phone: (970) 353-6100, Ext. 3568 • GREELEV OFFICE Fax: (970)304-6498 COLORADO JUL 7 2005 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 'OCR Phone: (970) 652-4210, Ext. 8730 MMMVVVVVV Fax: (720)652-4211 June 23, 2005 �r j O j Giavonni Palombo 9001 Monaco ST Henderson CO 80640 Subject: Permit#'s PRN-053014 and ELN-041190— Part of the NE4 of Section 29, T4N, R61W of the 6th P.M., Weld County, Colorado Dear Mr. Palombo: I have previously contacted you regarding electrical permit number ELN-041190 which was submitted for service to an electric fence. On December 9,2004,the inspector noted the service was also for the shop and barn buildings. We have no record of permits for these buildings. Permit number PRN-053014 for a 12 X 40 office trailer was submitted on February 14,2005. You have been notified this permit has been processed and is ready to be issued. As of today the permit has not been issued and the balance of$149.00 has not been paid but the trailer is on the property. Within 10 days from the date of this letter permit application(s)shall be submitted for any other building(s)on the property that have not been permitted and the permit for the office trailer shall be obtained and the balance of the permit fees paid. The electrical permit shall also have all inspections completed and a final approval issued. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sin ly, Peggy Gregory Building Compliance pc: ELN-041190 PRN-053014 VI-0500223 Superior Irrigation and Electric SERVICE,TEAMWORK,INTEGRITY,QUALITY 11111111111 haedll 0111 Ilil 1111110111 III 01111111 Ilil �� D7? 284102 R 107100 01182:06A0 JA 6SSold unry CO moto tq?e WARRANTY DEED &ec 6e-. THIS DEED, Made this 16th day of April, 2001 between Chris D. Metherd and Lavonne Metherd of the County of Weld and State of Colorado, grantor, and Giavonni Palombo • whose legal address is 9001 Monaco Street, Henderson, CO 80640 of the County of Adams and State of Colorado, grantees: • WITNESSETH That the grantor for and in consideration of the sum of ONE HUNDRED NINETY TWO THOUSAND AND 00/100, ($192,000.00) Dollars, 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 County of Weld and State of Colorado, described as follows. SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as vacant land, Wiggins, Colorado 80654 TOGETHER with all and singular the hereditements 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 hareditaments 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 eneealing and delivery of these 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 as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assess manta, encumbrances and restrictions of whatever kind or nature (maver, except general taxes for 2000 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable p ion 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. y Chris s 0. Metherd LaVonne Metherd • STATE.OF COLORADO ) ss. The foregoing instrument was acknowledged before County of Weld } me this 16th day of April, 2001 by Chris D. Metherd and LaVonne Metherd Witness my hand and official seal. My commission expires 10-17-2002 1p....12088 i 1 MELINDA/ 1 NOTARY PUBLIC t BAESSLEB ' I 1113 Tenth Avenue / No. 932A. Rev. 7-84 '.N'._ ; Greeley, COLORADO 80631 o t4�\OF C0" 11111111111111111111110 I I I I C 111111111111111111111 2841077 04117!2001 11.06* JA Sukl Teukamoto 2W 2 B 10.00 0 19.20 Weld County CO ESCROW NO. : 8052516 DATE April 12 2001 "EXHIBIT A" LEGAL DESCRIPTION Lot B of Recorded Exemption No. 1047-29-1-RE219, recorded February 3, 1977 in Book 789 as Reception No. 1710539, being a part of the E5/811E1/4 of Section 29, Township 4 North, Range 61 West of the 6th P.M. , County of Weld, State of Colorado. EXCEPT State Highway 34 . Hello