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HomeMy WebLinkAbout20062794.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600282 AGAINST RICHARD PIERRO 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,Richard Pierro,VI#0600282, 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 10th day of October, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Richard Pierro 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 Richard Pierro 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. 2006-2794 PL0824 CC : pL, vroL, /a —dG -o(0 VIOLATIONS -VI #0600282 - RICHARD PIERRO PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of October, A.D., 2006. BOARD OF COUNTY COMMISSIONERS �.�WELD CO ' TY, COLORADO ATTEST: • �•eile, Chair Weld County Clerk to the B,r,r•� &J ' ^ SP, i vid E. Long, Pro-Tem De y Clerk'the Board `n-i ` frLe William H. Jerke APP D AS T EXCUSED Robert D. Masden tit orney EXCUSED Glenn Vaad Date of signature: I°IZyIU 2006-2794 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Richard S Pierro Violation: VI-0600282 Building Permit Number: BCS-050532 Address: 4739 County Road 22, Longmont, CO 80504 Legal: Part of the SE4 of Section 11, T2N, R68W, of the 6t" P.M., Weld County, Colorado Location: North of and adjacent to County Road 22, %mile East of I-25 North: City of Firestone South: City of Firestone East: Agricultural property West: Agricultural property Parcel Number: 1313-11-4-00-079 Acres: 1.94 Certified mail date: September 15, 2006 Received: September 20, 2006 Currently the property is in violation of: Chapter 29, Article VIII, Section 29-8-40 REMEDY To bring the property into compliance, the permit for an addition to the existing garage 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 May 14, 2006, and there have been no inspections since December 29, 2005. CASE HISTORY May 26, 2006 Letter to remind permit will expire on June 27, 2006 June 27, 2006 30-day violation letter issued August 29, 2006 Certified mailed indicating the violation case is scheduled before the Board of County Commissioners September 5, 2006 Certified letter returned "Unclaimed" September 14, 206 Certified mailed indicating the violation case is scheduled before the Board of County Commissioners 2006-2794 (it s!its6 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 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 September 15, 2006 RICHARD S PIERRO 4739 CR 22 LONGMONT CO 80504 Subject: VI-0600282, Part of the SE4 of Section 11, T2N, R68W, of the 6'" P.M., Weld County, Colorado Dear Mr. Pierro: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on October 10,2006,at 10:00 a.m.,to consider the violations. The property is in violation of the following Section 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 addition to the existing 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. IY C Peggy Gregory [WY Art Building Compliance Officer pc: VI-0600282 BCS-050532 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal ServiceTM ru CERTIFIED MAIL,, RECEIPT rn (Domestic Mail Only;No Insurance Coverage Provided) a" F r•elivery inf•rmati•n visit•urwe•site at www.us•s.c•m:, O r: € a r 4 4 Postage $ A O Certified Fee O Poetmwlc O Return Receiptcequir Fee Pond( Required) Here (Endoredsement Delivery Required) Fee - .A (EM Restreemem Regyire e ✓R rR Total Postage 8 Fees u'I 0 em o r Richard S Pierro 's'veet,apt.ha; or PO Box Na 4739 CR 22 City,State.27P+4 Longmont CO 80504 PS Form 3800,June 2002 See Reverse for Instrucirrons SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY •-Complete items 1,2,and 3.Also complete A. gnat C❑Agent item 4 if Restricted Delivery is desired. X �r ��/�-O Addressee • Print your name and address on the reverse so that we can return the card to you. B. Received by(Printed Name) I tte Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 17 Yet 1. Article Addressed to: If YES,enter delivery address below: O No RICHARD S PIE County Planning Department 4739 CR 22 rIREELEY OFFICE LONGMONT CO 80504 SEP y 0 ZOOS 3. Service Type ,y. 2 �I Certified Mail ❑Express Mail 7 RE[ E'v F` Insured Mail O C.O.D.Registered O Return Receipt for Merchandise ���rrr 4. Restricted Deliveyl(Ext2 Fee) ❑Yes 2. ArticleNumber 7005 1160 0001 4537 9322 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-0241-1540 a� ,� Fl ®t- '_ a'r w _ V O Tr��i to (NI _ C • III H - IM a o a 'Cr a p rl O N auso W O t a U Q UN " .� `V fy O ` t: Uel n v n N O -A N O ip ✓ ,, 1 O n4 fCD nN t7 . J • LI i c i) C V R a7 2 a m . o E a) It 9 O co � U Ews t c o m iavc- —y a-- op a) CD Z " L. O romC7 • (Ir. v�Ma opei maa 308 DEPARTMENT OF PLANNING SERVICES rs Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 pgregory@co.weld.co.us WI 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 August 9, 2006 RICHARD S PIERRO 4739 CR 22 LONGMONT CO 80504 Subject: VI-0600282, Part of the SE4 of Section 11, T2N, R68W, of the 6th P.M., Weld County, Colorado Dear Mr. Pierro: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 12,2006,at 10:00 a.m., to consider the violations. The property is in violation of the following Section 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 addition to the existing 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. Si ely, Ary Peggy Gregory Building Compliance Officer pc: VI-0600282 BCS-050532 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal ServiceTM CERTIFIED MAIL,., RECEIPT Cr (Domestic Mail Only;No Insurance Coverage Provided) co F•r•elivery inf• •rmati•n visit•ur we•site at www.us•s.c.mn a y ` e�' Postage $ rR O CerdNed Fee Postmark 0 Return Receipt Fee Here (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) - rR Total Postage&Fees $ In Seeec ...t; a eems;Na. 4.7,14 CACaz Olry.SYete.�- , -l- ,. • 'SO PS Form 3800..June.:.^J2 See Reverse for Instructions 0 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregory5co.weld.co.us Phone: (970) 353-6100, Ext. 3568 WI I DO 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 June 27, 2006 • RICHARD S PIERRO 4739 CR 22 LONGMONT CO 80504 Subject: VI-0600282, Part of the SE4 of Section 11, T2N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. Pierro: It has been determined that the property located at 4739 County Road 22 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 addition to the existing garage shall have final approval. It is the intention of this office to assist and cooperate with you without imposing undue hardship;however,we have no discretion in this matter if you fail to correct this violation within 30 (thirty)days from June 27, 2006. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the case 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 ly, m Arty Peggy Gregory Building Compliance Officer pc: BCS-050532 VI-0600282 • ft -t;e: a DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street WlipC Greeley, CO 80631 O pgregoreeley, eld.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 May 26, 2006 RICHARD S PIERRO 4739 CR 22 LONGMONT CO 80504 Subject: Permit#BCS-050532 — Part of the SE4 of Section 11, T2N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. Pierro: It has come to the attention of the Department of Building Inspection that a permit for an addition to the existing garage at 4739 County Road 22 was issued on November 15, 2005. According to our records, this permit will expire on June 27, 2006, and all of the 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, by the expiration date 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, O Peggy Gregory Building Compliance pc: BCS-050532 SERVICE,TEAMWORK,INTEGRITY,QUALITY Weld County Building Inspection Department 1555 North 17th Avenue, Greeley,CO 80631 970-353-6100,Ext.3540 Fax: 970-304-6498 Permit# BCS-050532 Status ISSUED Applied 11/01/2005 Issued 11/15/2005 Expires 06/27/2006 Job Address 4739 CR 22 WEL Job Location 4739 CR 22 Job Description 1152 SF WOOD FRAME ADDITION TO EXISTING 756 SF DETACHED GARAGE-W/ELECTRIC. BP31278 GARAGE HOUSE BUILT IN 1905 Occ. Class U Construction Type: VB Zone District AGRICULTURAL Parcel Number 1313-11-4-00-079 1997 UBC Valuation$20,989.44 APPLICANT PIERRO RICH 11/02/2005 Phone: 303-532-6871 4739 CR 22 LONGMONT CO 80504 ELECTRICAL DOCHEFF ELECTRIC 11/15/2005 Phone: 303-678-7169 13388 CR I LONGMONT CO 80504 License: 3253 CONTRACTOR OWNER 11/02/2005 OWNER PIERRO RICHARD S 11/02/2005 Phone: 303-532-6871 4739 CR 22 LONGMONT CO 80504 Minimum Required Zoning Setbacks N- 4 S- 50 E- 4 W- 4 S SETBACK FROM CENTER OF RD BP31278 FEE SUMMARY Total Permit Fees $1,176.75 Total Payments .00 Balance Due $0.00 FEE BREAKDOWN SUMMARY Item#Description Account Code Tot Fee Paid Prv.Pmts Cur. Pmts 2010 Building Permit 100025100-42 299.75 299.75 299.75 .00 2020 Electrical 100025100-42 37.00 37.00 37.00 .00 2040 Building Plan C 100025100-42 50.00 50.00 50.00 .00 2090 Capital Expansi 4000-17500-4 190.00 190.00 190.00 .00 2091 Stormwater Drai 7011-90100-4 600.00 600.00 600.00 .00 NOTICE The applicant,agents and employees shall comply with all the rules,restrictions and requirements of Weld County Zoning and Building Code Ordinances governing location,construction,demolition and erection of the above proposed work for which this permit is granted.The building Official is authorized to order the immediate cessation of work at any time a violation of the adopted codes or regulations appears to have occured. Violations of any codes or regulations may result in the revocation of this permit. Buildings must conform with the plans as submitted to the Building Inspection Department. Any changes to the plans or lay-out must be approved prior to construction. Any changes in the use or occupancy of the building must be approved. It shall be the duty of the property owner or the person doing the work authorized by this permit to notify the Weld County Building Inspection Department that such work is ready for inspection. This permit shall expire by limitation and become null and void if the building or work authorized by this permit is not commenced within 180 days from the date this 11111111111IIIIIIli!1111111III1111l1111 ill 3309991 08/04/2005 04:28P Weld County, CO 1 of 1 A 6.00 0 29.00 Steve Moreno Clerk&Recorder WHEN RECORDED RETURN TO: Richard S Pierro 4739 County Road 22 SDF$29.00 Longmont,CO 80504 SPECIAL WARRANTY DEED THIS DEED,dated July 25, 2005,between !�``rR,�,�� Vnt.; Margaret E Hill UeF6 of the County of Weld and State of Colorado,grantor(s),and CwL °°C)Q Richard S Pierro, whose legal address is 4739 County Road 22, Longmont, CO 80504, of the County of Weld and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Two Hundred Ninety Thousand and 00/100 Dollars ($290,000.00), 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(s), 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. 1313-11-4-RE-3182 according to the Plat recorded February 11, 2002 at Reception No. 2924195,being a portion of the Southeast 1/4 of Section 11,Township 2 North, Range 68 West of the 6th P.M., County of Weld,State of Colorado also known by street and number as:4739 County Road 22, Longmont,CO 80504 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(s), 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(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof, by, through or under the grantor(s),except general taxes for the year 2005 and subsequent years, and except easements, covenants, conditions, restrictions, reservations,and rights of way of record, If any. 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 ab Margaret E Hill r LESLEY HILGEDICK I • STATE OF COLORADO ) "�OF COQ' )55 COUNTY OF BOULDER The foregoing instrument was acknowledged before me on July 25, 2005, by Margaret E Hill. Witness my hand and official seal. 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