HomeMy WebLinkAbout20063393 RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST DAVID AND KIM WOLF 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,David and Kim Wolf, VI#0600385,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, David and Kim Wolf, property owners, were 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 March 12, 2007, to allow adequate time for the property owners to complete all
inspections and have a Certificate of Occupancy issued to bring the subject property into
compliance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that VI #0600385 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against David and Kim Wolf 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 March 12, 2007, to allow adequate time for the property
owners to complete all inspections and have a Certificate of Occupancy issued to bring the subject
property into compliance.
2006-3393
PL0824
01 C GL, via- of -03--a�
VIOLATIONS -VI #0600385 - DAVID AND KIM WOLF
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
4,ft ,,,„ WELD COUNTY, LORADO
ATTEST: Lail -,m�4` )
R.t�, If
:' T eile, Chair
Weld County Clerk to the Bo s 4xi a
-� 6'
BY:
tru 1 L 0-7_, id E. Long, Pro-Tem De ty Clerk to the oard 1-Lz , (e-L
Willi H. Jerke
rD AS TO ^ Yv / -
Robert D. Masden
ou ty Attorney EXCUSED
Glenn Vaad
Date of signature: 114 101
2006-3393
PL0824
Weld County Violation Summary
Building Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: David R and Kim M Wolf
Violation: VI-0600385 Permit Number: PRS-053086
Mailing Address: 16380 County Road 6, Fort Lupton, CO 80621
Situs Address: 6925 County Road 63, Keenesburg, CO 80643
Legal: Part of the E2 of Section 31, T2N, R63W, Weld County, Colorado
Location: West of and adjacent to County Road 63, 'V2 mile south of County Road 16.5
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Agricultural property
Parcel Number: 1303-31-0-00-002 Acres: 4.13
Certified mail date: November 2, 2006 Received: November 7, 2006
Currently the property is in violation of:
Chapter 29, Article III, Section 29-3-1290
REMEDY
To bring the property into compliance, all inspections shall be completed and a certificate of occupancy
issued on the permit for a factory built home.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for
immediate action as this permit was set to expire on July 31, 2006, and there have been no inspections since
October 25, 2006.
CASE HISTORY
June 27, 2006 Letter to remind permit will expire on July 31, 2006.
July 5, 2006 Kim Wolf spoke with Bryon Horgen,Assistant Building Official, who explained the
violation process. They are making progress.
July 17, 2006 Phone call from Kim Wolf, they should be done in three to four weeks.
July 28, 2006 Phone call from Kim Wolf, they should be done in three weeks.
August 28, 2006 30-day violation letter issued.
September 1, 2006 Phone call from Kim Wolf, they are waiting for a window that had to be ordered.
September 29, 2006 Phone call from Kim Wolf, they should be done soon.
November 2, 2006 Certified letter indicating the violation case is scheduled before the Board of County
Commissioners.
2006-3393
6 DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
F
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
November 2, 2006
DAVID R and KIM M WOLF
16380 CR 6
FORT LUPTON CO 80621
Subject: VI-0600385, Part of the E2 of Section 31, T2N, R63W, of the 6`" P.M., Weld County, Colorado
Dear Mr. and Mrs. Wolf:
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 Section of the Weld County Code:
Chapter 29,Article lli "Building Permits"
Section 29-3-290 "Manufactured home certificate of occupancy."
To bring your property into compliance:
The permit for the manufactured hoe shall have all inspection completed and a
certificate of occupancy 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.
Sv ely,
,g y Gregoryr4ery
Building Compliance Officer
pc: Vl-0600385
PRS-053086
SERVICE,TEAMWORK,INTEGRITY,QUALITY
U.S. Postal Service,,
CERTIFIED MAIL.., RECEIPT
-n (Domestic Mail Only;No Insurance Coverage Provided)
F•r •elivery inf•rmati•n visit•ur we•site at www.us•s.c•ip
am• n a u
Postage $
Cl Certified Fee
f7
O Return Receipt Fee P stm
Hererk
(Endorsement Here Required)
Restricted Delivery Fee
-a (Endorsement Required) -
ra
ra
Total Postage 8 Fees
Ill
O
C David R and Kim M Wolf
N` Street Apt tia;
orP soxNa 16380 CR 6
Clry,Slate,ZIP.
Fort Luton CO 80621
PS Form 3800.June 2002 See Reverse for Instructions
FR-
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Si atu -
item 4 if Restricted Delivery Is desired. // O Agent
• Print your name and address on the reverse �L� ✓ . a Addressee
so that we can return the card to you. g; RAN r nV ,,,e, f livery
• Attach this ntcard to the back it the mailpiec,- r�I;i YYu(tF fro [;�do
or on the if space of the i� ` " , HLNNe /(J
1. Article Addressed to: N address different from item 1? Yes
ljr.enter delivery address below: ❑No
NOV 4 --UUC
DAVID R & KIM M WOLF1638 " *dED
FORT OLUPTON CO 80621 CR 6 C 1 V
3. Service Type
a Certified Mail ❑Express Mail
❑Registered O Return Receipt for Merchandise
❑ Insured MaH ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑yes
2. Article Number 7005 1160 0001 4537 9667
(llansfer from service lab,
PS Form 3811, February 2004 Domestic Return Receipt 102585-02-M154o
a
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
pgregory@co.weld.co.us
Phone: (970) 353-61O0, 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
August 28, 2006
DAVID R and KIM M WOLF
16380 CR 6
FORT LUPTON CO 80621
Subject: VI-0600385, Part of the E2 of Section 31, T2N, R63W of the 6`h P.M., Weld County, Colorado
Dear Mr. and Mrs. Wolf:
It has been determined that the property located at 6925 County Road 63 is currently in violation of the
following Section of the Weld County Code:
Chapter 29,Article Ill "Building Permits"
Section 29-3-290 "Manufactured home certificate of occupancy."
To bring your property into compliance with the Weld County Code:
The permit for the manufactured home shall have all inspections completed and a certificate of occupancy issued.
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
28, 2006, 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.
Si //l�yp fps Are
Peggy Gregory
Building Compliance Officer
pc: Vl-0600385
PRS-053086
d DEPARTMENT OF PLANNING SERVICES
jotBuilding Compliance Division
NORTH OFFICE
918 10th Street
' Greeley, CO 80631
11 I 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: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
June 27, 2006
DAVID R and KIM M WOLF
16380 CR 6
FORT LUPTON CO 80621
Subject: Permit# PRS-053086—Part of the E2 of Section 31, T2N, R63W of the 61h P.M.,
Weld County, Colorado
Dear Mr. and Mrs. Wolf:
This notice is to remind you that the above noted permit for a factory built home at 6925 County Road 63 will
expire on July 31,2006,and all required inspections have not been completed. Section 29-7-130 of the Weld
County Code states that a certificate of occupancy shall be obtained on all mobile, manufactured, or factory-
built homes no later than one hundred eighty(180)days after the permit is issued. In the event the certificate
of occupancy is not issued by the expiration date, a meeting may be scheduled with the Board of County
Commissioners to review the violation. The Board will determine if an extension is warranted or if the case
should be referred to the County Attorney for legal action.
For inspections 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 Art
Peggy Gregory
Building Compliance
pc: PRS-053086
SERVICE,TEAMWORK,INTEGRITY,QUALITY
a
t DEPARTMENT OF BUILDING INSPECTION
\ PHONE (970) 353-6100, 40
FAX (970) 304-6498
WEBSITE: www.co.weld.co.us
Willip
918 10TH STREET
C• GREELEY, COLORADO 80631
4209 CR 24.5
LONGMONT CO 80504
COLORADO
ix Building permit 2 \0 1J�, � for a factory-built/manufactured/mobile
home at l(J L ED fl is being issued on CS'C 1 ' C_.(O .
/303-3/0.00. 00.2
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 completed and a Certificate of Occupancy issued by
01 ' 31i 010
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.
R ectfully,
esi
Roger Vigil
Building Official
- (fl 4 )
Signed: k-Xlav= i" (l e
t"---KM)
Relationship to Property Owner: .
cc: Building Compliance Officer Office Tech 0
Building Permit File Date I ')
zaz Recorde 111III 1111 Illll 111111111111 1111 111111 Ill 11111 III ill Receptic 3216242 09/07/2004 09:5M Weld County,CO Recorder
1 of 1 R 6.00 0 7.85 Steve Moreno Clerk&Recorder
WARRANTY DEED
THIS DEED,Made this 2nd day of September,2004,between JOHN
D.COX of the*County of Weld and State of Colorado,grantor(s),and
DAVID R.WOLF and KIM M.WOLF whose legal address is 16380
WCR 6,FT.LUPTON,CO 80621 of the County of Weld and State of
Colorado,grantee(s):
WITNESS, that the grantor(s), for and in consideration of the sum of SEVENTY-EIGHT THOUSAND FIVE
HUNDRED AND 00/100 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(s),
their heirs and assigns forever, not in tenancy in common but in joint tenancy, 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 B,
OF RECORDED EXEMPTION NO.1303-31-4-RE2791,
BEING PART OF THE E 1/2 SECTION 31,TOWNSHIP 2 NORTH,RANGE 63 WEST OF THE 6TH P.M.,
COUNTY OF WELD,
STATE OF COLORADO.
also known by street and number as:TBD..WCR 63,KEENESBURG,CO 80643
assessor's schedule or parcel number:R0165601
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 a01he
estate, right, 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),heirs and assigns forever. And the grantor(s),for themselves,their heirs,and personal representatives,does
covenant,grant,bargain and agree to and with the grantee(s),their heirs and assigns,that at the time of the ensealing and
delivery of these presents is/are 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 soever,
except general taxes for the current and all subsequent years; except easements, reservations, restrictions and
right of ways of record,if any.
The grantor(s)shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and
peaceable possession of the grantee(s),their heirs and assigns,against all and every person or persons lawfully claiming
the whole or any part thereof.
E OF,The grantor(s)has executed this deed on the date set forth above.
J RN . X
STATE OF COLORADO, 1)
County of ADAMS } ss.
The foregoing instrument was acknowledged before me this 2nd
day of Septe .,. ,200 by JOHN D.COX.
My commission expires: OCTOBER 5,2006 W. e my ;•.,... •official seal.
•
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