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HomeMy WebLinkAbout20061639.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600165 AGAINST SIERRA VISTA ESTATES 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,Sierra Vista Estates,VI#0600165, 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 20th day of June, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Sierra Vista Estates 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 Sierra Vista Estates 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. 2006-1639 PL0824 VIOLATIONS -VI #0600165 - SIERRA VISTA ESTATES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of June, A.D., 2006. BOARD OF COUNTY COMMISSIONERS / '71 E WELD CO TY, COLORADO • ATTEST: utd,,� �'`'�3�a� — �f4IeCha /w-7 . ir Weld County Clerk to the GPon' kJ, CCCC BY: David E. Long, Pro-Tem ae Dep Clerk the Board -1217 to/n-n✓ William H. Jerke APP (x� Robert D. sde un neyA f Glenn Vaad 4— Date of signature: U ` �'I� O 2006-1639 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Sierra Vista Estates Violation: VI-0600165 Building Permit Number: PRS-053055 Address: 16284 Good Avenue, Fort Lupton, CO 80621 Legal: Lot 2, Block 68, Aristocrat Ranchettes 3rd Filing 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: 1309-26-3-17-010 Acres: .939 Certified mail date: May 23, 2006 Received: May 26, 2006 Currently the property is in violation of: Chapter 29, Article III, Section 29-3-290 REMEDY To bring the property into compliance, the permit for the manufactured 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 permit expired on April 5, 2006, and there are still numerous inspections to be completed. CASE HISTORY October 7, 2005 Permit issued, form signed advising of expiration date. March 7, 2006 Letter to remind permit will expire on April 5, 2006. April 5, 2006 Phone call to Craig Mortenson, he is making progress. April 13, 2006 30-day violation letter issued. May 23, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. 2006-1639 p DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 WI lcif ie pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 COLORADO Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 May 23, 2006 CRAIG MORTENSEN SIERRA VISTA ESTATES 2442 S DOWNING ST DENVER CO 80210 Subject: VI-0600165, Lot 2, Block 68, Aristocrat Ranchettes 3r° Filing, Weld County, Colorado Dear Mr. Mortensen: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on June 20, 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: Section 29-3-290 "Manufactured home certificate of occupancy." To bring your property into compliance: The permit for the manufactured home shall have all inspections 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. ArtV ely Pegg gory Building Compliance Officer pc: VI-0600165 PRS-053055 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal.ServiceTM o CERTIFIED MAILTM RECEIPT I'n (Domestic Mail Only;No Insurance Coverage Provided). F•r•elivery irrf rmati•n visit.•ur we•siteaCwww us•s. • Postage $ C Codified Fee p p k Postma p Return Receipt Fee Here (Endorsement Required) p Restricted Delivery Fee -� (Endorsement Required) rR Total Postage&Fees ul in Sent To Craig_ Mortensen, Sierra Vista Estate- bt,eet,Apt.No.; or PO Box No. 2442 S Downing ST City,State,ZIP+4 Denver CO 80210 PS Form 3800.June 2002 See Reverse for Instructions. SENDER: COMPLETE THIS SECTION COMPLETE-THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature �. , item 4 if Restricted Delivery is desired. � O Agent �Wg • Print your name and address on the reverse Nkk i ❑Addressee so that we can return 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. —re IC\ Rr3 l-e r1 1. Article Addressed to: D. Is delivery address different-from item 17 ❑Yes If YES,enter deliyely`®ifdressdelgw: ❑ No CRAIG M0RTENSEN /„';' ••• SIERRA VISTA ESTATES 2442 S DOWNING ST lua ' DENVER CO Weltctaumty Planning DeparIRw GREELEY OFFICE 3. Service Type ®Certified Mail ❑;Express Mali MAY 2 6 2006 O Registered ❑'RSTum Receipt for Merchandise ❑ Insured Mail ❑C.O.D. n e,.r,.'„ 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number it.L%..Lialb Y.60 0001 4537 8301 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1560 : a 3(fee 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 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 April 13, 2006 CRAIG MORTENSEN SIERRA VISTA ESTATES 2442 S DOWNING ST DENVER CO 80210 Subject: VI-0600165, Lot 2, Block 68, Aristocrat Ranchettes 3rd Filing, Weld County, Colorado Dear Mr. Mortensen: It has been determined that the property located at 16284 Good Avenue 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 April 13, 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. -lY, Pegg r gory V a Building Compliance Officer pc: Vl-0600165 PRS-053055 re;;N:, DEPARTMENT OF PLANNING SERVICES Building Compliance Division A NORTH OFFICE 918 10th Street I 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: (720)652-4210, Ext. 8730 Fax: (720)652-4211 March 7, 2006 CRAIG MORTENSEN SIERRA VISTA ESTATES LLC 2442 S DOWNING ST DENVER CO 80210 Subject: PRS-053055—Lot 2, Block 68, Aristocrat Ranchettes 3rd Filing PRS-053056— Lot 3, Block 68, Aristocrat Ranchettes 3rd Filing Weld County, Colorado Dear Mr. Mortensen: This notice is to remind you that the above noted permits for manufactured homes at 16244 and 16284 Good Avenue will expire on April 5,2006,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 certificates of occupancy are 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 extensions are 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, ^m� A rty Peggy Gregory Building Compliance pc: PRS-053055 PRS-053056 SERVICE,TEAMWORK,INTEGRITY,QUALITY OCT-07-2005 FRI 02:34 PM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 03 (it DEPARTMENT OF BUILDING INSPECTION PHONE(970) 353-6100, EXT.3540 FAX(970) 304-6498 C W EBSITE: www.co.weld.co.us O 918 10TH STREET GREELEY, COLORADO 80631 COLORADO /309 d4-3/7.0,0 Building permit TeS - 6 5-SO SS for a factory-built/manufactured/mobile home at 1 C.ass`I 0)o o cQ fit) is being issued on /O/7 R) S 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 14- 5. O(o 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. Respectfully, Rat/W°.,19 Roger Vigil Building Official Signed: �r �j, p Relationship to Property Owner: eet> ec*- Met,C__ cc: Building Compliance Officer Office Tech , . Building Permit File Date / n)--7/ Oc, a-. . � © a. a 1 'a pp { .. 0i G's O V' X, W Z pry O <n 1".";';" of N �Y > w t c .4 . ¢ Q a ul i 0 ° m Y G: • O7: Ca a ". w "-4.i. a 'd Ni a Et. ' ' . J m'a: Q J ac �, pepp 1 -, a ,� 3, .rNb w , if cy _. Tr' o ` r 5y3 c I.v 5';' N J C• G i tsro. Iv 'O 6 J p k E ,0 t OU ,C .C t.,-3 N }_a,L Z :.,G m U' n = m tO. Olt�� '�j i7 �_ �; N c Ss Ti m °drJ, m E ' 4` o: aso LL 1 LL LL Z rw-o • a a - — __- r: NN 0 tVo .z 2 ". n X49, 3 H� - J E �_ . 00aE" z �� O LLL L ,. LL _ ^a 1,,,I;'ii ¢N Z. N ..a Q : . e m L W;Pita m w m E ,. N § m ro N N O N - ti :II'. :N t G .C. a , a H a o �_ c t- C.I t-- 7n sei7 W i- > : 3 i:ymt E 2 0 o e L.l .L ti,-,....-.,,L- L ac m G .. a N 'Z .Q G JO V m fit. G' C .a w .Y '+ m •[• , a 'E. I c0 `m cv n m e w u S xl NI :1-L t o N Z �R+ ',- Si :ti ¢ } < ar- H �3 m m LLLLLLL LL '. 'JUN-09-2006 FRI 10:01 AM SOUTHWEST WELD PLANNING FAX NO, 720 652 4211 P. 01 I lilllllllll llll111111111111011111 _,IIIIIiilll RECORDER'S �,,EMORS N A-0-1\3'g THIS DOCUMENT E FOR D 9168577 wirmou urtir Well)County, CO TO BE INADEQUATE FOR 1 of 9 R 10.00 0 88.88 Steve Moreno Clerk&Recorder SCANNING PURPOSES. (D l, 1 571 WARRANTY DEED • THIS DEED, made on 03/10/04 between Nancy J. Seymour and Len A. Seymour ' of the city and County of Denver and State 61 Colorado , grantor, and Sierra Vista Estates, LLC, a Colorado limited liability company wheee legal address ie 2442 Downing Street, 4201 Denver, CO 80210 eeff�the City and County of Denver and state of Colorado , grantee: that the grantor, for and in consideration of the sum of Sigh': hundred ninety eight thousand eight hundred dollars and no cents 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, hie Seize 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 fellows: (Continued) as known by street and numbers as; Aristocrat Ranchettes vacant Land; 107 Lots Tves'THma with all and singular the hereditament' and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, sight, title, interest, claim and demand whatsoever of the granter, either in law or equity, of, in end to the above bargained promisee, with the hereditamente and appurtenances. TO nmm AND TO SOLD the- said premises above bargained and described, with the appurtenances, unto the grantee, hie heirs and assigns forever. And the grantor, for himself, his heirs, and permonal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assignee, that at the time of the enameling and delivery of these presents, he is well seised of the premises above conveyed, had good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee pimple and has good right, full power and lawful authority to grant, bargain, cell and convey the same in manner and form ea aforesaid, and that the same are free and clear from all termer and other grants, bargains, sales liana, taxes, eeeessmenta, encumbrances and restrictions of whatever kind or nature eoever, except for general taxes and aaaesaments for the year 2004 and subsequent years; and items as sat forth in Exhibit "A" attached hereto, except for grantee's exclusive right to use the surface estate, grantor shall retain the right to all'gas, oil, Coal and other mineral rights appurtenant to the propperty. The grantor shell and will WARRANT AND rORBOO'EE[k DEMOS the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs end assigns, against all and every person or persons la ully claiming the whole of any part thereof. The singular number shall include the plural, s plural the singular, and the use of any gender shall be applicable to all genders. TN STIMMIS OP, a grantor has executed this cod en the date set forth above, �'£1 �� -- Canty J. 3 Lon A. ur ' , '�e11 ) se. o ;,- 'of Dent*/ The forego'• a'psc owledged before me Chia 10th day of March , 2004 by Raney J..S.p Aa eymour OLSON, . - _ Wiene'ann... • and and official seal.'' commission expires � J� of Public; mN OamGIC eptN Na fs.s �, .. V 228930 OA14Cx�,o vheCo� ' Ha.afaa,R�. -Lamm maze*as memo" vAi�Ramzat (f, " L,.N JUN-09-2006 FRI 10:01 AM SOUTHWEST WELD PLANNING FAX NO, 720 652 4211 P. 02 ��.IIIIIIUniliillo 1111IIIIIIIII1 nitil licit 2 0l 3 R 16,00 0 88.68 Steve Moreno County, LEGAL DESCRIPTION (continued) File N0. ORC 228930 BLOCK 67: LOTS 1, 2, 3 & 8 BLOCK 6e: LOTS 1 through 8 inclusive BLOCK 69: LOTS 1 through s inclusive BLOCK 70: LOTS 1 through 8 inclusive BLOCK 71: LOTS 1, 2, 5, 6, 7 a B BLOCK 72: LOTS 1, 2, 3, 6, 7 & s BLOCK 73: LOTS 1. 2 & 3 BLOCK 74: LOTS 1, 2, 7 & 8 BLOCK IS: LOTS 1 through a inclusive BLOCK 76: LOTS 1 through 8 inclusive BLOCK 77: LOTS 1 through a inclusive BLOCK 78: LOTS 1, 2, 3, 7 & e BLOCK 79; LOTS 1, 2, 6, 7 a 8 BLOCK 80: LOTS 1 through 8 inclusive BLOCK 81: LOTS 1 through 9 inclusive BLOCK 82; LOTS 1 through 4 inclusive BLOCK 83, LOTS 1 through 4 inclusive BLOCK 84: LOTS 1 & 2 All in Aristocrat Renchettes Third Piling County of Weld State of Colorado TOGETBER with the exclusive right to use the entire surface estate of each Lot; all water rights owned by Grantor, if any, and appurtenant to same including, without limitations. all subterranean water and water rights, all water tap rights and.credits; all interest of Grantor, if any, in vacated and existing streets and alleys adjacent thereto; all easements and appurtenances thereto; all improvements thereon; if any, all attached fixtures thereon, if any, and all other rights or claims appurtenant to the subject real property now owned or hereafter acquired, it any, and all information concerning the subject real property provided by Grantor to Grantee. 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