HomeMy WebLinkAbout20060133.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0500177
AGAINST JUAN AND CRISTINA RIVERA 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, Juan and Cristina Rivera, VI #0500177, 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 10th day of January, 2006, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Juan and Cristina Rivera 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 Juan and Cristina Rivera 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.
2006-0133
((� Pt, t 7 cc,1 � PL0824
VIOLATIONS - VI #0500177 - JUAN AND CRISTINA RIVERA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of January, A.D., 2006.
4000"'..., BOARD OF COUNTY COMMISSIONERS
A N\ I . (. 4,\ WELD COUNTY, COLORADO
ATTEST: / / #'
�'l i r / g •u, gC XCUSED
%I. — .�
y . J. Geile, Chair
Weld County Clerk to the ,,.,, �,,,
`4 I
+ j , XCUSED
BY. /cue u,{".. '$� David E. Long, Pro-Tem
D ty Cle�c to the BoardS e" Z'
W' ' m H. Jerke
AP D A M: k.‘a___
Robert D. Masd n
ount Attorney 7
Glenn Vaad
Date of signature: 73)0O'
2006-0133
PL0824
Weld County Violation Summary
Building Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Juan and Cristina Rivera
Violation: VI-0500177
Address: 15724 Mary AV, Fort Lupton, CO 80621
Legal: Lot 1, Block 34, Aristocrat Ranchettes, Weld County, Colorado
Location: Between County Road 16 and 18, East of County Road 31
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Agricultural property
Parcel Number: 1309-27-1-22-004 Acres: .99
Certified mail date: December 9, 2005 Received:
Currently the property is in violation of:
Chapter 29, Article III, Section 29-3-250
Chapter 29, Article VIII, Section 29-8-40
REMEDY
To bring the property into compliance, the reinspection fee of$50.00 shall be paid, 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 has been no response and certified letters have been unclaimed.
CASE HISTORY
April 13, 2005 10-day compliance letter issued.
April 29, 2005 30-day violation letter issued.
June 10, 2005 10-day letter to schedule inspections.
July 7, 2005 10-day letter to pay reinspection fee and schedule inspections.
July 21, 2005 30-day violation letter issued.
September 27, 2005 Certified letter mailed indicating the violation case is scheduled before the Board of
County Commissioners.
October 18, 2005 Certified letter returned "Unclaimed."
2006-0133
Violation Summary
VI-0500177
page two
December 8, 2005 Site inspection.
December 9, 2005 Certified letter mailed indicating the violation case is scheduled before the Board of
County Commissioners, sent certified and regular mail.
December 28, 2005 Phone call, the child answering said his parents were both at work and would be
home around 3:00 p.m. I called after 3:00 and was told they were not home yet.
December 30, 2005 Phone call to resident, the child answering said his mother was home but was too
tired to come to the telephone.
January 4, 2005 Certified letter returned"Unclaimed.
A copy of the letter indicating the violation case is scheduled before the Board of
County Commissioners on January 10, 2006,was posted on the gate at the property.
It was also noted there is a derelict vehicle on the property.
•
DEPARTM..JT 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
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
December 9, 2005
JUAN AND CRISTINA RIVERA
15724 MARY AV
FORT LUPTON CO 80621
Subject: VI-0500177, Lot 1, Block 34, Aristocrat Ranchettes#2, Weld County, Colorado
Dear Mr. and Mrs. Rivera:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on January 10,2006,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 29-3-250 "Reinspection fee."
Chapter 29, Article VIII "Permit Provisions"
Section 29-8-40 "Expiration of Permit."
To bring your property into compliance: •
The reinspection fee of$50.00 shall be paid,all inspections shall be completed on the
permit for the detached garage, and a final approval issued.
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.
Yr
Peggy Gregory
Building Compliance Officer
pc: VI-0500177
BCS-040091
SERVICE,TEAMWORK, INTEGRITY,QUALITY
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(71d DEPARTML..T 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
CFax: (970) 304-6498
O e SOUTHWEST OFFICE
COLORADO 4209 CR 24.5, Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
September 27, 2005
JUAN AND CRISTINA RIVERA
15724 MARY AV
FORT LUPTON CO 80621
Subject: VI-0500177, Lot 1, Block 34„ Aristocrat Ranchettes#2, Weld County, Colorado
Dear Mr. and Mrs. Rivera:
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 11,2005,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 III "Building Permits"
Section 29-3-250 "Reinspection fee."
Chapter 29,Article VIII "Permit Provisions"
Section 29-8-40 "Expiration of Permit."
•
To bring your property into compliance:
The reinspection fee of$50.00 shall be paid,all inspections shall be completed on the
permit for the detached garage, and a final approval issued.
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.
nc�ere aq onA�
Pegg & gory v
Building Compliance Officer
pc: VI-0500177
BCS-040091
SERVICE,TEAMWORK, INTEGRITY,QUALITY
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0 DEPARTMENT OF PLANNING SERVICES
jof\t, Building Compliance Division
NORTH OFFICE
918 10th Street
I
Greeley, CO 80631
11 Ipgregory@co.weld.co.us
C. Phone: (970) 353-6100, Ext. 3568
Fax (970)304-6498
SOUTHWEST OFFICE
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (970) 652-4210, Ext. 8730
Fax: (720)652-4211
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
July 21, 2005
Juan and Cristina Rivera
15724 Mary AV
Fort Lupton CO 80621
Subject: VI-0500177, Lot 1, Block 34, Aristocrat Ranchettes #2, Weld County, Colorado
Dear Mr. and Mrs. Rivera:
It has been determined that the property located at 15724 Mary Avenue is currently in violation of the following
Sections of the Weld County Code:
Chapter 29,Article Ill "Building Permits"
Section 29-3-250 "Reinspection fee."
Chapter 29,Article VIII "Permit Provisions"
Section 29-8-40 "Expiration of permit"
To bring your property into compliance with the Weld County Code:
The reinspection fee of$50.00 shall be paid,all necessary 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 July 21, 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 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.
IftI Y,
el Art
Peggy Gregory
Building Compliance Officer
pc: BCS-040091
VI-0500177
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: (970) 652-4210, Ext. 8730
Fax: (720)652-4211
July 7, 2005
Juan and Cristina Rivera
15724 Mary AV
Fort Lupton CO 80621
Subject: Permit#BCS-040091 — Lot 1, Block 34, Aristocrat Ranchettes #2, Weld County, Colorado
Dear Mr. and Mrs. Rivera:
My last correspondence to you regarding the above noted permit was dated June 10, 2005. On June 17,
inspections were scheduled but no one was home so a $50.00 reinspection fee was assessed as this is the
third time they were there for the same inspections.
Please verify the corrections have been made, pay the reinspection fee, and schedule inspections within 10
days from the date of this letter. Keep in mind that someone must be there to meet the inspector and the
dogs must be chained or in the house. Otherwise, a notice will be issued notifying of the date and time to
appear before the Board of County Commissioners to consider whether to refer the violation to the County
Attorney's Office for legal action.
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.
Sin ely,
Peggy Gregory
Building Compliance
pc: BCS-040091
VI-0500177
SERVICE,TEAMWORK.INTEGRITY,QUALITY
Kit
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
June 10, 2005
Juan and Cristina Rivera
15724 Mary AV
Fort Lupton CO 80621
Subject: Permit#BCS-040091 — Lot 1, Block 34,Aristocrat Ranchettes #2, Weld County, Colorado
Dear Mr. and Mrs. Rivera:
I have previously contacted you regarding the above noted building permit for a detached garage at 15724
Mary Avenue which was issued on March 23,2004. Normally, at this point, a meeting is scheduled with the
Board of County Commissioners to consider 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. If not, a notice will be issued advising of the date and time of the violation hearing.
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.
Si\J� Y,
U
Peggy Gregory
Building Compliance
pc: BCS-040091
VI-0500177
SERVICE.TEAMWORK,INTEGRITY,QUALITY
ITIDII4 DEPARTMENT OF PLAN NING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street
lunge
Greeley, CO 80631
pgregory@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
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
April 29, 2005
Juan and Cristina Rivera
15724 Mary AV
Fort Lupton CO 80621
Subject: VI-0500177, Lot 1, Block 34, Aristocrat Ranchettes #2, Weld County, Colorado
Dear Mr. and Mrs. Rivera:
It has been determined that the property located at 15724 Mary Avenue 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 necessary 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 April 29, 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 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.
ArerV y
Peggy Gregory
Building Compliance Officer
pc: BCS-040091
VI-0500177
a
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
' 918 10th Street
Cip
Greeley, CO 80631
pgregor eld.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 13, 2005
Juan and Cristina Rivera
15724 Mary AV
Fort Lupton CO 80621
Subject: Permit#BCS-040091 — Lot 1, Block 34, Aristocrat Ranchettes#2, Weld County, Colorado
Dear Mr. and Mrs. Rivera:
It has come to the attention of the Department of Building Inspection that a permit for a detached garage at
15724 Mary Avenue was issued on March 23,2004. According to our records,this permit expired on April 10,
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,
Geer
Peggy Gregory
Building Compliance
pc: BCS-040091
SERVICE,TEAMWORK,INTEGRITY.QUALITY
•
0419 AIM 1111111111111111III'111111 111111 III 1111111111111
2804849 04/03/1998 00:438 Meld County CO
1 of 1 R 8.00 D 7.20 JD Suki Teukamote
WARRANTY DEED
THIS DEED, Made this day of March 30, 1998, between
JUAN RIVAS AND GRACE ANN RIVAS
of the County of WELD and State of COLORADO, grantor, and
JUAN RIVERA
whose legal address is 15724 NARY AVENUE, FT. LUPTON, CO 80621 of the County of
NEW and State of COLORADO , grantee:
IVITIESSITH, that the grantor, for and in consideration of the em of $72,000.00 DOLLARS, the receipt and sufficiency
of which is hereby acknowledged, has granted, bargained, sold and conveyed, end by these presents does grant,
bargain, sell, convey and confirm unto the grantee, their heirs and aligns forever, all the real property, together
with improvements, if any, situate, lying and being in the County of NEW and State of Colorado, described as
follows:
LOT 1, BLOCK 34,
ARISTROCRAT RANCEETTES SECOND FILING,
xx.„,43 A SUBDIVISION OF WELD COUNTY, COLORADO
also known as street and number 15724 MARY AVENUE, FT. LUPTON, CO 80621
TOGETHER with all and singular the hereditamts 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 said grantor, either in law or equity, of, in and to the
above bargained premises, with the hereditament, and appurtenances.
TO HAVE AND TO HOLD the said praises above bargained and described, with the appurtenances, unto the said
grantee, their heirs and assigns forever. And the said grantor, for himself, his heirs, and personal representatives,
does--covenant, grant, bargain-and-agree-to'and-with-the grantee, their heirs and assigns, that at the time or the
ensealing and delivery of these presents, 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 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 toever, EXCEPT FOR TAXES FOR THE CURRENT YEAR, A LIEN BUT NOT YET DOE OR OATABIZ, EASEMENTS,
RESTRICTIONS, COVBNAIIT3 AID RIGHTS-OF-NAY OF RECORD, IF ANT,
The grantor shall and will RARRART MID 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 da forth above.
�t
JOAN
Qei _dt"-1 Sao
GRA ANN RIVAS
STATE Cf COLORADO
des.
COMM O'a iag )
, •
The foregoing instrument was acknowledged �.a
p ng before em this day of March 30, 1990 by 7 ;
JUAN RIVAS AND GRAB AM RIVAS - c:
S Load .;.•'---. _.. :
Hy Commission expire,:.1..9.- Z -.. .._j
Witness ay hand and official seal.
RETURN.TOt- -
JUAN RIVAS
15
ls7za MARY AVE.
.1t� M\
PT. LUPTON, CO 80621 Iota Public:
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