HomeMy WebLinkAbout20063390 RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600015
AGAINST KEVIN DALE AND ELIZABETH ROSEMAN 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, Kevin Dale and Elizabeth Roseman,VI#0600015, 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 12th day of December, 2006, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Kevin Dale and Elizabeth Roseman 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 Kevin Dale and Elizabeth Roseman 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.
2006-3390
PL0824
VIOLATIONS -VI #0600015 - KEVIN DALE AND ELIZABETH ROSEMAN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of December, A.D., 2006.
BOARD OF COUNTY COMMISSIONERS
���� WELD OUNTY LORADO
ATTEST: %"�N t
c
,,, � . ile, Chair
Weld ounty Clerk to the Bo 66 2 1 2,
U 1 ® W 4 id E. Long, Pro-Tem
BY:
Dep Cler the Board i-i-j,�
Will' FL Jer ,^�
APPROV AS TO
% Robert D. Mas en
unty A torney EXCUSED
Glenn Vaad
Date of signature: I)ti ICI
2006 -3390
PL0824
Weld County Violation Summary
Building Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Kevin Dale and Elizabeth Roseman •
Violation: VI-0600015 Permit Number: BCS-060035
Address: 7853 Highway 85, Fort Lupton, CO 80621
Legal: Part of the E2NE4 of Section 30, T2N, R66W, Weld County, Colorado
Location: West of and adjacent to Highway 85, south of County Road 18
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Agricultural property
Parcel Number: 1309-30-1-00-034 Acres: 3.5
Certified mail date: November 1, 2006 Received: November 8, 2006
Currently the property is in violation of:
Chapter 29,Article III, Section 29-3-110.J
Chapter 29,Article VIII, Section 29-8-40
REMEDY
To bring the property into compliance, a Homeowner Affidavit shall be submitted, all inspections shall be
completed and a final approval issued on the permit for an interior remodel.
RECOMMENDATION
The Department of Planning Services recommends this case be referred to the County Attorney for
immediate action as the required documentation has not been submitted, no inspections have been
completed, and the project was started prior to applying for a permit.
CASE HISTORY
January 13, 2006 10-day letter to submit a building permit application for interior remodel
January 31, 2006 30-day violation letter issued for no permit
February 2, 2006 Permit application submitted
February 24, 2006 Permit issued
July 20, 2006 Letter to advise Homeowner Affidavit should be submitted and to advise the permit
will expire on August 23, 2006.
August 23 2006 30-day violation letter issued
2006-3390
VI-0600015
Violation summary
page two
September 28, 2006 Spoke with Daniel Roseman (son). He will sign the Homeowner Affidavit and
schedule inspections.
November 1, 2006 Certified letter indicating the violation case is scheduled before the Board of County
Commissioners.
December 5, 2006 Spoke with Lisa Houghtelling. The Roseman's are renting the property with the
option to buy, they plan to own the property again within one year.
(ita 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
Erie
Fax: (970)ES OFFICE
SOUTHWEST OFFICE
4209 CR 24.5, Longmont, CO 80504
COLORADO Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
November 1, 2006
KEVIN DALE and ELIZABETH ROSEMAN
7853 HWY 85
FORT LUPTON CO 80621
Subject: VI-0600015, Part of the E2NE4 of Section 30, T2N, R66W, of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Roseman:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on December 12,2006, at 10:00 a.m., to consider the violations.
The property is in violation of the following Sections of the Weld County Code:
Chapter 29,Article Ill "Building Permits"
Section 29-3-110.J "Give such other data and information as maybe required by the
Building Official."
Chapter 29,Article VIII "Permit Provisions"
Section 29-8-40 "Expiration of permit"
To bring your property into compliance:
A Homeowner Affidavit shall be submitted, all inspections completed, and a final
approval issued on the permit for an interior remodel.
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.
e7ely,regory
Peggy
Building Compliance Officer
pc: VI-0600015
BCS-060035
SERVICE,TEAMWORK, INTEGRITY,QUALITY
U.S. Postal Service,.,
D CERTIFIED MAIL, RECEIPT
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OFFICIAL USE
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(Endorsement Required) Here
Restricted Delivery Fee
(Endorsement Required) -
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Total Postage 8 Fees
u'I
CI ens To
Kevin Dale and Eliza t
N Street Apt Na; f1 �•--�RS_1w.Ws171
orPoeoxNc 7853 HWY 85
crry,.State,zllae Fort Lupton CO 80621
PS Form 3800.June 2002 See Reverse far Instructions
SENDER: COMPLETE THIS SECTION C•M•LETE THIS SECTI•N•N •ELIVE•V
• Complete items 1,2,and 3.Also complete A. S tnature
Rem 4 if Restricted Delivery is desired. ❑Agent
• Print your name and address on the reverse 1 ��� Imo' .� .• .. . _
so that we can return the card to you. B. Received by(Printed Name) C. Dat of Deliv ry
• Attach this card to the back of the mailpiece,
(/ r7/
or on the front if space permits.
1. AnmleAddressed to: Wr.IJ CAMf IP.Itet�iiRtY,g14r ntitemnem1r f vas
(;, :ELF`XEr4catEdelivory address below: 0 No
KEVIN DALE & ELIZABETH ROSEMAN V b lilge
7853 HWY 85
FORT LUPTON CO 80621
RC 4 ? .
. Service-ypr
Cl Certified Mail 0 Express Mail
❑Registered 0 Retum Receipt for Merchandise
❑Insured Mail 0 C.O.D.
4. Restricted Deliveyt(Extra Fee) ❑yes
2. Article Number 7005 1160 0001 4537 9650
(Transfer from service label)
PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
E-mail Address: pgregory(a�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
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
August 23, 2006
KEVIN DALE and ELIZABETH ROSEMAN
7853 US HWY 85
FORT LUPTON CO 80621
Subject: VI-0600015, Part of the E2NE4 of Section 30, T2N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Roseman:
It has been determined that the property located at 7853 Highway 85 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:
A Homeowner Affidavit shall be submitted, all inspections shall be completed,and a final approval issued on the permit for an
interior remodel.
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 August 23,2006,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.
S' er- ,
tan
Peggy regory
Building Compliance Officer
pc: VI-0600015
BCS-060035
it 6
DEPARTMENT OF PLANNING SERVICES
tito Building Corn pliance Division
• NORTH OFFICE
918 10th Street
C Greeley, CO 80631
O pgreoory@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
July 20, 2006
KEVIN DALE and ELIZABETH ROSEMAN
7853 HWY 85
FORT LUPTON CO 80621
Subject: Permit# BCS-060035— Part of the E2NE4 of Section 30, T2N, R66W of the 6th P.M.,
Weld County, Colorado
Dear Mr. and Mrs. Roseman:
It has come to the attention of the Department of Building Inspection that a permit for an interior remodel at
7853 Highway 85 was issued on February 24, 2006. According to our records, this permit will expire on
August 23, 2006, and the Homeowner Affidavit has not been submitted. This form is required prior to any
inspections being 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 submit the Homeowner Affidavit and schedule inspections or request an extension, in writing, by the
expiration date 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. 3568.
Thank you for your cooperation in this matter.
Sincerely,
Gny Arm
Peggy Gregory
Building Compliance
pc: BCS-060035
Vi-0600015
SERVICE.TEAMWORK.INTEGRITY.QUALITY
0 DEPARTMENT OF PLANNING SERVICES
41(., Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
Website: www.co.weld.co.us
E-mail Address: poregory(ahco.weld.co.us
Phone: (970) 353-6100, Ext. 3568
O Fax: (970) 304-6498
SOUTHWEST OFFICE
COLORADO 4209 CR 24.5, Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
January 31, 2006
KEVIN DALE and ELIZABETH ROSEMAN
7853 US HWY 85
FORT LUPTON CO 80621
Subject: VI-0600015, Part of the E2NE4 of Section 30, T2N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Roseman:
It has been determined that the property located at 7853 Highway 85 is currently in violation of the following Section of
the Weld County Code:
Section 29-3-10 of the Weld County Code states that a building permit is required for the interior remodel,plumbing,and
rewiring of the existing dwelling on your property.
To bring your property into compliance with the Weld County Code:
A building permit application shall be submitted along with all required documentation, 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 January 31, 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.
5
Peggy Gre y
Building Compliance Officer
pc:VI-0600015
DEPARTMENT OF PLAN NING SERVICES
c Clit d Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
pgregory@co.weld.co.us
Wilpe
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
SOUTHWEST OFFICE
4209 CR 24.5, Longmont, CO 80504
COLORADO Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
January 13, 2006
KEVIN DALE AND ELIZABETH ROSEMAN
7853 US HWY 85
FORT LUPTON CO 80621
Subject: VI-0600015, Part of the E2NE4 of Section 30, T2N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. Roseman:
It has come to the attention of the Department of Building Inspection that there is no record of a building
permit for an interior remodel, plumbing, and rewiring on your property at 7853 Highway 85.
Section 29-3-10 of the Weld County Code states:
No building or structure regulated by this Building Code shall be erected, constructed, enlarged, altered,
repaired, moved, improved, removed, converted or demolished unless a separate building permit for each
building or structure has been first obtained from the Building Inspection Department.
I have enclosed a permit application for your convenience. Please submit the forms, plus all required
documents,within 10 days from the date of this letter to avoid a violation notice. If you have any questions, I
may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter.
SincereI
0
Peggy Gregory
Building Compliance
VI-0600015
SERVICE,TEAMWORK,INTEGRITY,QUALITY
111111111111111111111111111111111111111111111111111101
3370840 03/15/2006 03:55P Weld County, CO
1 of 1 R 6.00 D 0.00 Steve Moreno Clerk&Recorder
PUBLIC TRUSTEES CERTIFICATE OF REDEMPTION •
Na 05-1239
840
STATE OF COLORADO
County of WELD
I,the undersigned Public Trustee in the aforesaid County,do hereby certify that •Kevin Dale Roseman
7853 US Highway 85 whose legal adders:is
Ft. Lupton, CO 80621 .this day paid the sum of
$153,386.60
and redeemed the property described below from the Public Trustee's Sale held on December 28, 2005 •
at 809 9TH STREET 11, GREELEY COLORADO 80631 •
Said property was sold by virtue of the power and authority granted by the Deed of Trust made,executed and delivered by
Elizabeth C. Roseman
to the Public Trustee in the aforesaid County,dated January 22, 1999 .and recorded in the said County in
Book ,at Page (Reception No. 2673347 •Film No. 1.
to secure to Old Kent Mortgage Company
the payment of the indebtedness in said Deed of Trust set forth and mentioned in the certificate of purchase thereof,and recorded
in Book ,at Page (Reception No. 3350803 ,Film No. 1.
The property being redeemed is described as follows:
Lot A of Recorded Exemption No. 1309-30-1-RE2012, Recorded september 9, 1997 in
Book 1625 at Reception No. 2547551, being a Part of the East 1/2 of the North-
east 1/4 of Section 30, Township 2 North, Range 66 West of the 6th P.M., County
of Weld, State of Colorado
This redemption is made by:
DI The owner of the premises by virtue of a Deed recorded in Book ,Page N/A
(Reception No. 3309762 ,Film No.
❑A iienor by reason of a lien recorded in Book ,Page ,(Reception No.
Film No. ),and claimed in the amount of S
dollars,on the date of redemption,by the virtue or
❑A person liable after the foreclosure sale for a deficiency When recorded,this certificate of redemption shall operate as an
assignment to such person of the lien of the Deed of Trust foreclosed upon.
❑Other"
Executed in duplicate on March 15 2006 CY/o e e t—
witness my hand and seal. Pudic'ru WEL ��V County
State of Colorado
By
Deputy Public Trustee
STATE OF COLORADO l a
County of WELD
The foregoing Certificate of Redemption was acknowledged before me this 15th day of March _ 2006
by MARY HERGERT arihe Public Trustee in - SgievY P,-,=;�rr�
Couniy of WELD ,State of Colorado. .14". \Cs Ill
( d /
Witness my hand and official seal, r CARBI t
Haar,
My commission spires June 13, 2009 4 R0pp
809 9TH STREET ft , GRE:f _ CP• "B06 b!
y.. ........ 4 l
Include a statement of the claim or imwt evidenced by weer lien*Webtithe basis for redemption. la E f'.................... ......4l;a statement of the claim or interest,and recording infornoatieo of the instrument evidencing the same whim is the basis y\"aK.
No 156.Roy 9.90. PUBLICTRUBTWS CBIDIFICATI OF BBDIMPI1ON(FrlmWwraerr sere se cedar leblQt
*nom ryaltirn MO*Woo aL Mown.COopus'—(Merl 5Maaa—Ma
C*?IIII hA
111111111111111111111111111111111111111111111111111111
106 3373106 03/24/2006 01:35P Weld County,CO
1 of 1 R 6.00 D 29.20 Steve Moreno Clerk&Recorder
WARRANTY DEED
THIS DEED,Made this 13th day of March,2006 between
Elizabeth Roseman
of the County of Weld,State of Colorado,grantor and
Lisa Houghtelling
whose legal address is:7853 Highway 85,Ft.Lupton,CO 80621
of the County of Weld,State of Colorado,grantee:
WITNESSETH,That the grantor for and in consideration of the sum of Two Hundred Ninety-
Two Thousand Dollars and NO/100's(5292,000.00)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:
Lot A of recorded Exemption no. 1309-30-1-RE2012,recorded September 9, 1997 in Book 1625 as
Reception No.2547951(should be 2567957),being a part of the East 14 of Northeast/of Section 30,
Township 2 North,Range 66 West of the 6's P.M.,
County of Weld,
State of Colorado.
also known by street and number as 7853 Highway 85,Ft.Lupton,CO 80621
TOGETHER with all and singular the hereditaments 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 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 ensealing 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,assessments,
encumbrances and restrictions of whatever kind or nature soever,except all taxes and assessments
for the current year,a lien but not yet due or payable,and those specific Exceptions described by
reference to recorded documents as reflected in the Title Documents accepted by Buyer in
accordance with section 8a"Title Review",of the contract dated March 9,2006,between the
parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable possession 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.
SELLER:
7r• 4, i
Eliza th Roseman
STATE OF COLORADO
COUNTY OF 14411,3C L\ ,tScn `t$ 55:
The foregoing instrument was_acknowledged before me this 13th day of March,2006 by
Elizabeth Roseman
Notary
Witness my hand and official seal.
My Commission expires:
TINA STEVENSON ® '�^
v
NOTARY PUBLIC 6.b'
STATE OF COLORADO
WOPHOTO
My Commission Expires 073/00/2000 oin No.is 66
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