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HomeMy WebLinkAbout20061011.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MIGUEL LAGUNAS 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, Miguel Lagunas, VI #0400283, 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 11th day of April, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Miguel Lagunas, property owner, was 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 May 11, 2006, to allow adequate time for the property owner to complete all inspections and 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 #0400283 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Miguel Lagunas 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 May 11, 2006, to allow adequate time for the property owner to complete all inspections and a Certificate of Occupancy issued to bring the subject property into compliance. p 2006-1011 PL0824 (et. al vedo Aeye— VIOLATIONS -VI #0400283 - MIGUEL LACUNAS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of April, A.D., 2006. BOARD OF CO TY COMMISSIONERS WELD COU , COLORADO ATTEST: Aude M. J. 'le, Chair Weld County Clerk to th oBY: I� David . Long, ro-Tem Deputy Clerk to the B�� m H. Jerke APP V AS TO F : ;A:\ANO_J Robert D. Masden Attorney EXCUSED Glenn Vaad Date of signature: p%/—//—o 6 2006-1011 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Miguel A Lagunas Violation: VI-0400283 Permit number: PRS-053046 Mailing Address: 15123 Morris Avenue, Fort Lupton, CO 80621 Address: 15124 County Road 18, Fort Lupton, CO 80621 Legal: Lot 3, Block 6, Aristocrat Ranchettes, Weld County, Colorado Location: Between County Roads 16 and 18, East of County Road 31 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1309-27-2-03-008 Acres: .99 Certified mail date: March 17, 2006 Received: March 22, 2006 Currently the property is in violation of: Chapter 29, Article VII, Section 29-7-130 REMEDY To bring the property into compliance, the building permit for a mobile home shall have all inspections completed and a certificate of occupancy issued. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as this is the third permit for this mobile home—the first for storage and the last two for principal dwelling. CASE HISTORY September 4, 2003 Permit application for mobile home to be used as temporary storage submitted. February 17, 2004 Phone call from Mr. Lagunas, wants to change mobile home to principal dwelling. June 3, 2004 10-day letter to pick up permit and pay fees. July 16, 2004 Phone call to Bethany Salzman indicating Mr. Lagunas will come to the office to speak with her and a planner—he did not show. September 28, 2004 Site inspection, mobile home is still on the property, building and zoning permits expired. September 29, 2004 30-day violation letter to submit new zoning and building permits. October 14, 2004 Building permit application submitted. 2006-1011 Violation Summary VI-0400283 page two February 8, 2005 Certified letter indicating the violation case is scheduled before the Board of County Commissioners February 11, 2005 Zoning permit application submitted. May 18, 2005 30-day letter issued, building permit expired by limitation, balance of fees not paid. June 6, 2005 New building permit application submitted. July 5, 2005 Building permit issued. March 3, 2006 10-day letter advising building permit has expired. April 11, 2006 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 pgregnI1co.wel d.co.u s C Phone: (970) Fax: (170) 30t 6498 Fax: (970) 304-6498 O SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 March 17, 2006 MIGUEL A LAGUNAS 15123 MORRIS AV FORT LUPTON CO 80621 Subject: VI-0400283, Lot 3, Block 6, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Lagunas: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on April 11, 2006, at 10:00 a.m., to consider the violations. The property is in violation of the following Section(s) of the Weld County Code: Chapter 29,Article VII "Mobile, Manufactured or Factory-Built Home Permits" Section 29-7-130 "Certificate of occupancy." To bring your property into compliance: All inspections shall be completed and a certificate of occupancy issued on the permit for the mobile home. 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. S' Pegg , egory V v Building Compliance Officer pc: VI-0400283 PRS-053046 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal Service,. o CERTIFIED MAIL, RECEIPT LM1rl (Domestic Mail Only;No Insurance Coverage Provided) M1 P.r•elivery inf•rmati•n visit •ur we•site at www.us•s.c•m, trl J a C3 .k ' R Postage $ Certified Fee O Return Receipt Fee Poatrnerk — (Endorsement Required) Here —0 Restricted Delivery Fee (Endorsement Required) H Total Postage 8 Fees $ u'4 "o MIGUEL N MIGUEL A LAGUNAS Sheet,Apt No.; or PC Box Na 15123 MORRIS AV City.State,ZIP+4 FORT LUPTON CO 80621 PS Form 3800.June 2002 See Reverse for Instructions SENaE': Ce M'LETE THIS SECTI•N CeM•LETE THIS SECTI•N eN•ELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X El/ Agent ■ Print your name and address on the reverse 't 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Deliv • Attach this card to the back of the mailpiece, `'_ - o or on the front if space permits. D. Is delivery address different from Rem 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: O No MIGUEL A LAGUNAS 15123 MORRIS AV FORT LUPTON CO 80621 3. Service Type Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7005 1160 0001 4537 7595 (Transfer from service lab PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 L---- ri ft DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE Wilpe, 918 10th Street Greeley, CO 80631 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 March 3, 2006 MIGUEL A LAGUNAS 15123 MORRIS AV FORT LUPTON CO 80621 Subject: Permit# PRS-053046—Lot 3, Block 6, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Lagunas: This notice is to remind you that the above noted permit for a mobile home at 15124 County Road 18 has expired 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 within 10 days from the date of this letter, 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. Sily, Peggy Gregory Building Compliance pc: PRS-053046 VI-0400283 SERVICE,TEAMWORK.INTEGRITY.QUALITY DEPARTMENT OF PLANNING SERVICES rigia Building Compliance Division NORTH OFFICE ii91 8 10th Street C Greeley, CO 80631 O pgregoreeley, eld.co.us Phone: (970) 353-61 00, Ext. 3568 C . Fax: (970) 304-6498 COLORADO SOUTHW EST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE May 18, 2005 Miguel A Lagunas 15123 Morris AV Fort Lupton CO 80621 Subject: VI-0400283, Lot 3, Block 6, Aristocrat Ranchettes, Weld County Dear Mr. Lagunas: It has been determined that the property located at 15124 County Road 18 is currently in violation of the following Sections of the Weld County Code: Chapter 23,Article III,Division 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right" Chapter 23,Article IV,Division 3 "Mobile Homes and Manufactured Structures" Section 23-4-130 "Permit requirements." Section 23-4-140 "Mobile homes permitted in the A Zone District" Section 23-4-200 "Principal dwelling unit" Chapter 29,Article Ill "Building Permits" Section 29-3-230 "Expiration of plan review." Chapter 29,Article VII "Mobile,Manufactured or Factory-Built Home Permits" Section 29-7-10 "Permit required." Section 29-7-60 "Zoning compliance." Section 29.7-130 "Certificate of occupancy." To bring your property into compliance with the Weld County Code: The application for building permit number PRS-043066 has expired by limitation. A new permit application and all applicable documentation shall be submitted,all fees paid,all inspections completed,and a certificate of occupancy issued as per the requirements of ZPMH-2434. 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 May 18, 2005, 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. Miguel Lagunas May 18, 2005 page two 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. J-� r�elyf, 00 � Peggy Gregory Building Compliance Officer pc: VI-0400283 PRS-043066 ZPMH-2434 Wendi Inloes, Planning Coordinator a rto DEPARTMENT OF BUILDING INSPECTION Code Compliance Division W W W.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us ' 918 10th Street, Greeley, CO 80631 CPhone (970) 353-6100x3568 O Fax (970) 304-6498 COLORADO February 8, 2005 Miguel A Lagunas 15123 Morris AV Fort Lupton CO 80621 Subject: VI-0400283, Lot 3, Block 6, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Lagunas: The property referenced above remains in violation of Chapter 29 of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on March 8, 2005, at 10:00 a.m., to consider the violations. The property is in violation of the following Sections of the Weld County Code: Chapbr 23, Article IV, Division 3, Section 23-4-130 "Permit requirements." Chapter 23, Article IV, Division 3, Section 23-4-200 "Principal dwelling unit" Chapter 29, Article VII, Section 29-7-10 "Permit required." Chapter 29, Article VII, Section 29-7-60 "Zoning compliance." To bring your property into compliance: A zoning permit for a mobile home shall be completed and submitted to the Weld County Planning Department. Upon approval of the zoning permit, building permit number PRS-043066 shall be issued,all applicable fees paid,all inspections completed, and a certificate of occupancy issued. I have enclosed a Zoning Permit for your convenience. 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. Miguel A Lagunas February 8, 2005 page two The Department of Planning and 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. Sincerely, Peggy Gregory Building Compliance Officer pc: VI-0400283 PRS-043066 Wendi Inloes, Planning Coordinator Bethany Salzman, Zoning Compliance Office Lin Dodge, Building Technician SERVICE,TEAMWORK, INTEGRITY, QUALITY U.S. Postal ServiceTr, o CERTIFIED MAIL., RECEIPT H (Domestic Mail Only;No Insurance Coverage Provided) N F•r •slivery inf•rmati•n visit•ur we•site at www.us•s�.?c•m� a- co ' Postage $ nJ Certified Fee O Postmark Return Redept Fee Here C3 (Endorsement Required) H ndor em Delivery Required)ery Fe - O (Endtrited D Fee O Total Postage Si Fees Santo r- _lide Street,Aptuel Irma ) or PO Box No. /S/0? .1n.S AK q City.State, h u0/1 LD (re Q e-2 SENDER: COMPLETE THIS SECTION cco.ps Ct "`J p;ON DELIVERY ■ Complete Items 1,2,and 3.Also complete A. Signature Rem 4 If Restricted Delivery is desired. X ❑Agent • Print your name and address on the reverse /G/.ay}S tC `ct9/h c ❑Addressee so that we can natum the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. AA ,59,..9 1 L_. 0`l-/0-OS dell address dIffen3nt from item 1? 0 Yes 1. Article Addressed to: k.YES,enter delivery address below ❑No MIGUEL A LAGUNAS 15123 MORRIS AV FORT LUPTON CO 80621 . 3. Service Type NI Certified Mail 0 Express Mall ❑Registered 0 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number7003 1010 0002 8989 2150 (Wander from aervlc PS Form 3811,August 2001 Domestic Return Receipt 102595-02.M-1540 DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US ' E-mail Address: pgregory@co.weld.co.us 918 10th Street, Greeley, CO 80631 W IC. Phone: (970)Fax (9770, Ext. 3568 0)304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE September 29, 2004 Miguel A Lagunas 15123 Morris AV Fort Lupton CO 80621 Subject: VI-0400283, Lot 3, Block 6, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Lagunas: It has been determined that the property located at 15124 County Road 18 is currently in violation of the following Section(s) of the Weld County Code: Chapter 23,Article IV, Division 3: Section 23-4-160 "Temporary storage." Chapter 29,Article VII, Section 29-7-10 "Permit required." Building permit number PRS-033066 and zoning permit number ZPMH-2384 for a mobile home to be temporarily stored at the above location has expired. You have indicated you now intend to use the mobile home on the property for a principal dwelling. To bring your property into compliance with the Weld County Code: a building permit and zoning permit shall be obtained, 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 March 31, 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. Miguel A Lagunas September 29, 2004 page two 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. �� I/00 Peggy Gregory Building Compliance Officer pc: PRS-033066 VI-0400283 ZPMH-2384 Wendi Inloes, Planning Administrative Assistant 4Kat kp ) DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO June 3, 2004 Gregory K and Margaret Ann Harvey 243 S Kimball ST Casper WY 82601-2608 Subject: Permit# PRS-033066—Lot 3, Block 6, Aaristocrat Ranchettes, Weld County, Colorado Dear Mr. and Mrs. Harvey: I have previously contacted you regarding the above noted permit for a 14 X 64 mobile home at 15124 County Road 18. This permit was applied for on September 5,2003, and has never been issued. If this permit is not issued and the$75.00 balance due paid within 10 days from the date of this letter, the permit will expire and it will be necessary to submit a new application. 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 regory U Building Compliance pc: PRS-033066 SERVICE,TEAMWORK.INTEGRITY,QUALITY 12043110/ 4/2003 I03:19P (Weld County,VIII IIII II'I 431 3120/31 10/24/2003 03:19P Weld County,CO 1 or 1 R 6.00 0 0.00 Steve Moreno Clerk&Recorder QUIT CLAIM DEED THIS DEED, Made this 28th day of August 2003, between Gregory Keith Harvey and Margaret Ann Harvey of the County of �A)afE peG- and State of/v1/})&JE grantor(s),and Miguel A. Lagunas whose legal address is 15123 Morris Avenue, Fort Lupton, CO 80621 of the County of Weld and State of Colorado ,gmntee(s): W ITNESSETH,Taal the grantor(s),for and in consideration of the sum of TEN AND NO/100 DOLLARS,($10.00 ), the receipt and sufficiency of which is hereby acknowledged. has remised. released, sold, and QUIT CLAIMED, and by these presents does remise,release,sell.and QUIT CLAIM unto the grantee(s),his heirs,successors and assigns,forever,all the right. title, interest, claim and demand which the grantor(s) has in and to 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 3, Block 6, Aristocrat Ranchettes Inc. Subdivision, County of Weld, State of Colorado No Doc Fee Required Title Purpose Only also known by street and number as 15123 Morris Avenue, Fort Lupton, CC 80621 TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging,or in anywise thereunto appertaining,and all the estate,rigs.title,interest,and claim whatsoever,of the grantor(s),either in law or equity,to the only proper use,benefit and behoof of the grantee(s),his heirs and assigns forever. 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 grantors)has executed this deed on the date set forth above. 1 t o X a h Ha r... . — ���y egrileR YYn/v N c/ Malrga8'et Ann Harvey Vil STATE OF /51� ) COUNTY OF K� .../5112(144--- AJGIC_ )ss. 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