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Home My WebLink About20062795.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST JAMES TUCKER 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,James Tucker,VI#0400278, 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, James Tucker 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 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 January 10, 2007, to allow adequate time for the property owner to complete all the 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 #0400278 be, and hereby is, referred to the Weld County Attorney's Office for legal action against James Tucker 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 January 10, 2007, to allow adequate time for the property owner to complete all the inspections and have a final approval to bring the subject property into compliance. 2006-2795 PL0824 (10 "K (//04- 71)-,25-0G VIOLATIONS - VI #0400278 - JAMES TUCKER 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. l '-, BOARD OF COUNTY COMMISSIONERS t" `: _l/VELD COUN , COLORADO ATTEST: � . ' J. ile, Chair vi Weld County Clerk to the B rEfl Eti ► o. David . Long, Pro-Tem BY: \ ILI/ ' I C Dep t Clerk t he Board _______:±t-A---1 William H. Jerke D AST EXCUSED Robert D. Masden County torney EXCUSED Glenn Vaad Date of signature: I 2.q I ' 2006-2795 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: James Tucker Violation: VI-0400278 Building Permit Number: BC-0100601 Mailing Address: 2046 Summitview Drive, Longmont, CO 80504 Situs Address: 1822 Skyway Drive#Q, Longmont, CO 80504 Legal: Unit Q, Building 1822 Skyway Drive Commercial Condo, Weld County, Colorado Location: South of and adjacent to Highway 119, 2 miles west of 1-25 North: PUD South: Agricultural properties East: Agricultural properties West: City of Longmont Parcel Number: 1313-08-1-07-024 Acres: 0.18 Certified mail date: September 15, 2006 Received: September 27, 2006 Currently the property is in violation of: Chapter 29, Article VIII, Sections 29-8-40 REMEDY To bring the property into compliance, the permit for a tenant finish for Tucker Precision shall have all inspections completed and a final approval. RECOMMENDATION The Department of Planning Services recommends this case be referred to the County Attorney but delay action for 90 days as Mr. Tucker believes he can complete all inspections in that time. CASE HISTORY December 24, 2003 10-day compliance letter issued. July 21, 2004 10-day compliance letter issued. August 12, 2004 Phone call from Jim Tucker, he was injured and is on disability. He will try to get someone to get ready for an inspection. September 23, 2004 30-day violation letter issued. October 12, 2004 Phone call from Jim Tucker, he will schedule an inspection. April 11. 2005 10-day compliance letter issued. April 26, 2005 30-day violation letter issued. 2006-2795 Violation summary VI-0400278 page two June 3, 2005 Left message for Jim Tucker to call me. June 9, 2005 Received a phone message from Jim Tucker, he will call for an inspection. December 12, 2005 10-day compliance letter issued December 28, 2005 30-day violation letter issued. June 28, 2006 Letter to remind of 07/29/06 expiration date September 15, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. October 4, 2006 Phone call to Mr. Tucker. He believes he can have the project completed in 90 days. i p 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 JAMES TUCKER TUCKER PRECISION 2046 SUMMITVIEW DR LONGMONT CO 80504 Subject: VI-0400278, Unit#O, Vista Commercial Center, Weld County, Colorado Dear Mr. Tucker: 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: The permit for the tenant finish shall have all inspections completed and a 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. ,.¢p qYr r.tr Peggy Gregory Building Compliance Officer pc: VI-0400278 BC-0100601 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal Service,,, CERTIFIED MAIL, RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivery inf•rmati.n visit.ur we•site at www.us•s.c•rrt5; [41 s• sxi Postage $ ✓a C Certified Fee Postmark O RealmeFee - (Entloraement Required) Here ricted Delivery Required) Fee •� (Endorsement t e e r1 a Total Postage&Fees �rl 0 Sent to James Tucker/Tucker Precision r` Street. arPO Na 2046 Summitview DR City,State,LPN Longmont CO 80504 PS Form 3800.June 2002 See Reverse ler Instructions SENeE': CaM'LETE THIS SECTI+N CaM•LETE THIS SECT/eN aN •EL/VE•V • Complete items 1,2,and 3.Also complete 'gnature item 4 if Restricted Delivery is desired. • Print your name and address on the reverse ❑Agent so that we can return the card to you. �~� L Addressee • Attach this card to the back of the mailplece, B eceived by(Panted Name) C. Date of Delivery or on the front if space permits. — 2 _c) 1. Article Addressed to: D. Is delivery address different from Item 1? 0 Yes If YES,enter delivery address below: 0 No JAMES TUCKER TUCKEWqgthfqqq3nning Department 2046 SUMMIT T,P! lPROFFICE LONGMONT CO 80504 3. Service Type SEP P 2 " 2005 CI Certified Man 0 Express Mail ,pmt ❑ Registered ❑Return Receipt for Merchandise RECEIVED 4. Restricted Delivery?(Extra Fee) ❑Yes Numb2. Articl(Trans rfrom 7005 1160 0001 4537 9346 (Transfer from serv/ce rebel) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 a DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street C Greeley, CO 80631 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 June 28, 2006 JAMES TUCKER TUCKER PRECISION 2046 SUMMITVIEW DR LONGMONT CO 80504 Subject: Permit# BC-0100601 — Unit#Q, Vista Commercial Center, Weld County, Colorado Dear Mr. Tucker: It has come to the attention of the Department of Building Inspection that a permit for a tenant finish at 1822 Skyway Drive#Q was issued on June 2, 2001. According to our records, this permit will expire on July 29, 2006, and all of the required inspections have not been completed. This permit is now five years old and all the final inspections remain to be completed. Failure to schedule inspections by the expiration date will result in further violation action 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, Peggy Gregory Building Compliance pc: BC-0100601 VI-0400278 SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMLr4T 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 WELD COUNTY BUILDING CODE VIOLATION NOTICE December 28, 2005 JAMES TUCKER TUCKER PRECISION 2046 SUMMITVIEW DR LONGMONT CO 80504 Subject: VI-0400278, Unit#O, Vista Commercial Center, Weld County, Colorado Dear Mr. Tucker: It has been determined that the property located at 1822 Skyway Drive #O 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 a tenant finish shall have all inspections completed and a 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 December 28, 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. (77y, p ®pip/ Peggy regory Building Compliance Officer pc: BC-0100601 VI-0400278 0 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: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 December 12, 2005 JAMES TUCKER TUCKER PRECISION 2046 SUMMITVIEW DR LONGMONT CO 80504 Subject: Permit# BC-0100601 — Lot Q, Vista Commercial Center, Weld County, Colorado Dear Mr. Tucker: A rough plumbing inspection was scheduled on December 2, 2005, for the above noted permit for a tenant finish at 1822 Skyway Drive #O which was issued on June 2, 2001. The inspector noted that the same corrections applied as on June 14, 2005, so no progress has been documented and the permit expired on December 11, 2005. Failure to schedule inspections 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, GM Y, Peggy Gregory Building Compliance pc: BC-0100601 VI-0400278 SERVICE,TEAMWORK.INTEGRITY,QUALITY DEPARTMENT OF PLAN NING SERVICES i'te:e ;;;\ Building Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 p g reg ory@ co.we l d.co.u s liD Phone: (970) 353-6100, Ext. 3568 C. 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 April 26, 2005 James Tucker Tucker Precision 2046 Summitview DR Longmont CO 80504 Subject: VI-0400278, Unit#0, Vista Commercial Center, Weld County, Colorado Dear Mr. Tucker: It has been determined that the property located at 1822 Skyway Drive #O 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 a tenant finish shall have all inspections completed and a 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 26, 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. p¢rCpel(/y,, r Peggy regory Building Compliance Officer pc: BC-0100601 VI-0400278 ft: a DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE ' 918 10th Street C 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 April 11, 2005 James Tucker Tucker Precision 2046 Summitview DR Longmont CO 80504 Subject: Permit# BC-0100601 — Lot Q, Vista Commercial Center, Weld County, Colorado Dear Mr. Tucker: It has come to the attention of the Department of Building Inspection that a permit for a tenant finish at 1822 Skyway Drive#Q was issued on June 2, 2001. According to our records,this permit expires on April 11,2005, 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, IC4rt 1111 Peggy Gregory Building Compliance pc: BC-0100601 VI-0400278 • SERVICE,TEAMWORK.INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTION Code Compliance Division T Website: WWW.CO.WELD.CO.US I E-mail Address: pgregory@co.weld.co.us W I pe918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE September 23, 2004 James Tucker Tucker Precision 2046 Summitview DR Longmont CO 80504 Subject: VI-0400278, Lot Q, Vista Commercial Center,Weld County, Colorado Dear Mr. Tucker: It has been determined that the property located at 1822 Skyway Drive, #0 is currently in violation of the following Section(s)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 tenant finish 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 September 23, 2004, to correct this building 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. Sincerely, Peggy Gfegory Building Compliance Officer pc: BC-0100601 VI-0400278 000 cte DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US I E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO July 21, 2004 James Tucker Tucker Precision 2046 Summitview DR Longmont CO 80504 Subject: Permit#BC-0100601 —Lot Q, Vista Commercial Center, Weld County, Colorado Dear Mr. Tucker: It has been 180 days since the last inspection on the above noted permit for a 2-story tenant finish at 1822 Skyway Drive, #Q. This permit was issued on June 2, 2001. According to our records, all required inspections are not yet completed. Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. To schedule inspections,please call our 24-hour request line at 1-800-234-2534 or 970-356-8016. Should you have any questions, I may be reached at 970-353-6100 Ext. 3568. Thank you for your cooperation to this matter. Sincerely, Peggy Gregory Building Compliance pc: BC-0100601 SERVICE,TEAMWORK,INTEGRITY,QUALITY 11111111111111111/III111111 III'111111III11111III//III 2835312 03127/2001 01:37P JR Suki Tsukamoto .3r1 1 of 2 R 10.00 0 15.99 Weld County CO SPECIAL WARRANTY DEED THIS DEED,dated MARCH 22, 2001 between TS SKYWAY, LIC, A COLORADO LIMITED LIABILITY COMPANY of the •County of BOULDER and State of COLORADO .grantors)and JAMES L. TUCKER • whose legal address is 2046 SUMMITVIEW DRIVE, LONGMONT, CO 80504 of the County of BOULDER and State of COLORADO .grantee(sE WITNESS,that the grantor(s),for and in consideration of the sum of $158,V00.00 ONE HUNDRED FIFTY NINE THOUSAND AND NINE HUNDRED AND NO/100 DOI)ARS, q, l the receipt and sufficiency of which is hereby acknowledged,ha s ranted,bargained,sold and conveyed,and by these presents do es 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 Stale of Colorado,described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. `r t also Imam]by street and number as: 1822 SKYWAY DRIVE, UNIT Q, LONGMONT, COLORADO 80504 assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging,or in anywise appertaining,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 grantors),for it set f , it's heirs,personal representatives, successors and assigns,does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the ganter(s), his heirs and assigns,against all and every person or persons claiming the whole or any part thereof,by,through or under the grantor(s). IN WITNESS WHEREOF,the grantor(s)ha s executed this deed on the date set forth above. TS SKYWAY, LLC, a Colaxgdo Li ted Liability Company • } by: STATE OF COLORADO It 95. County of BOULDER The foregoing instrument was acknowledged beforease this 22ND day of MARCH 2001 , by 'V' aYoQ•ta Th G .'l'c\n`i• as manager for TS Skyway, LLC, a Colorado Limited Liability Company. Witness my hand and otficialseal �' My commission expires: Zt, A�C c \-:GLEE ' M. B H\ATH `` NOTARY r'U@t.IC i•. _ � s s ��\: c� '�.,,> sir Demi'. ,,W LO'lADO �� T., Public • Name utlAddmr of Penn&Crnsq'Teaty Crested L.a Deaaepida n 3a35-106.5,CRS.) I Na.It Rev.494. SPECIAL WARRANTY DEED I7 J.(cIWK Bradford Publishiry„O43 We 't St.,Denver,CO 80202-O03)292.2500-A98 • AID 1111111111 IIII 111111 IIII 111111 III III IIII IIII 2835312 03/27/2001 01:37P JA Sukl Tsukamoto 2 of 2 R 10.00 D 15.99 Weld County CO Case No: 17725WK EXEiXStT "A" BUILDING 1822, UNIT Q, SKYWAY DRIVE COMMERCIAL CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS, RECORDED ON AUGUST 10, 2000 AT RECEPTION NO. 2786559, AS SUPPLEMENTED BY THE FIRST SUPPLEMENTAL CONDOMINIUM MAP RECORDED AT RECEPTION NO. 2801608, AND AS DEFINED BY THE CONDOMINIUM DECLARATION OF THE SKYWAY DRIVE COMMERCIAL CONDOMINIUMS, RECORDED AUGUST 10, 2000 AT RECEPTION NO. 2786560, AS SUPPLEMENTED BY THE FIRST SUPPLEMENTAL CONDOMINIUM DECLARATION RECORDED AT RECEPTION NO. 2801607, FIRST AMENDMENT RECORDED NOVEMBER 21, 2000 AT RECEPTION NO. 2808478, FIRST AMENDMENT RECORDED NOVEMBER 28, 2000 AT RECEPTION NO. 2809470 IN THE OFFICE OF THE COUNTY CLERK AND RECORDER, WELD COUNTY, COLORADO. �' 3 . 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