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HomeMy WebLinkAbout20060767.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST LEONARD AND VIRGINIA TURLEY 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,Leonard and Virginia Turley,VI#0500329, 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 14th day of March, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Leonard Turley, 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 14, 2006, to allow adequate time for the property owners to complete all the inspections and the Certificates 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 #0500329 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Leonard and Virginia Turley 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 14, 2006, to allow adequate time for the property owners to complete all the inspections and the Certificates of Occupancy issued to bring the subject property into compliance. 2006-0767 00 PL, U wt. PL0824 d3-3o--oG VIOLATIONS -VI #0500329 - LEONARD AND VIRGINIA TURLEY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of March, A.D., 2006. / BOARD OF COUNTY COMMISSIONERS ,/ /fWELD COU ' , COLORADO ATTEST: WrGQIf� Weld County Clerk to the j ( y BY: dui e 'I 21i tr"E ® David E. Long, Pro-Tern D uty C Irk to the B.-rd Wi H. Jerke APP D AS TO FO \`V Robert D. Mas en unty Atto I Glenn Vaad —' Date of signature: `317`7 I 2006-0767 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Leonard C and Virginia L Turley Violation: VI-0500329 Permit Numbers: PRS-053038 PRS-053043 PRS-053044 Situs Address: 16307 CR 20 and 16423 CR 20 Mailing Address: 16307 CR 20, Fort Lupton, CO 80621 Legal: Pad of the SW4 of Section 14, T2N, R66W, Weld County, Colorado Lots A and B of RE-3980 Location: North of and adjacent to County Road 20, 1 IA miles west of County Road 37 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1309-14-3-00-027 Acres: 5.03 1309-14-3-00-028 74.94 Certified mail date: February 10, 2006 Received: February 21, 2006 Currently the property is in violation of: Chapter 29, Article Ill, Section 29-3-290 Chapter 29, Article VII, Sections 29-7-10, 29-7-50, 29-7-70, 29-7-120, 29-7-130 REMEDY To bring the property into compliance, all inspections shall be completed and certificates of occupancy issued on permit numbers PRS-053038 and PRS-053044. The mobile home permitted under PRS-053043 shall be removed from the property, the septic tank filled or the sewer line severed. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney but delay action for 60 days to allow the property owners to complete all inspections and remove the older mobile home. CASE HISTORY This case was initiated as the result of a zoning violation. June 3, 2005 Permit number PRS-053038 submitted for a manufactured home at 16423 CR 20, Lot A. This permit was issued on August 5, 2005, and expired on February 1, 2006. June 14, 2005 Permit number PRS-053043 submitted for a mobile home to be used as a temporary during construction at 16423 CR 20, Lot A. This permit was never issued and no fees were paid. 2006-0767 Violation Summary VI-0500329 page two June 17, 2005 Permit number PRS-053044 submitted for a manufactured home at 16307 CR 20, Lot B. The permit was issued on August 15, 2005, and expired on February 11, 2006. No inspections have been completed. August 16, 2005 10-day letter to pick up permit number PRS-053043 and pay fees. September 21, 2005 30-day letter to pick up permit number PRS-053043 and pay fees. January 31, 2006 30-day letter to complete inspections on PRS-053038 and PRS-053044 and receive certificates of occupancy and pay the fees and pick up PRS-053043. February 2, 2006 Phone call from Mrs. Turley. They are requesting to be scheduled before the Board of County Commissioners as they would like an extension. February 6, 2006 Phone call from Mr. Turley. He said the temporary during construction mobile home has been removed from the former site but is still on the property. I advised him it needs to be totally removed. February 10, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. March 8, 2006 Phone call to Mrs. Turley, the older mobile home has been removed. ` a DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE lunge 918 10th Street, 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 February 10, 2006 LEONARD C and VIRGINIA L TURLEY 16307 CR 20 FORT LUPTON CO 80621 Subject: VI-0500329, Part of the E2SW4 of Section 14,T2N, R66W, of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Turley: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on March 14,2006, 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 29-3-290 "Manufactured home certificate of occupancy." Chapter 29, Article VII "Mobile, Manufactured or Factory-Built Home Permits." Section 29-7-10 "Permit required." Section 29-7-50 "Zoning compliance." Section 29-7-70 "Approval and issuance of permit." Section 29-7-120 "Required inspections." Section 29-7-130 "Certificate of occupancy." To bring your property into compliance: Permit number PRS-053038: all inspections shall be completed and a certificate of occupancy issued. This permit expired on February 1, 2006. Permit number PRS-053043: fees of $400.00 shall be paid, the permit shall be issued, and all inspections completed. The mobile home being used as a temporary during construction shall be removed from the property prior to issuance of the certificate of occupancy on PRS-053038 Permit number PRS-053044: all inspections shall be completed and a certificate of occupancy issued. This permit expires on February 11, 2006. 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. .111lYn0'Al121O31NI )I OMINV31'33In213S SENaE': C•M•LETE THIS SECTI•N C•M•LETE THIS SECTI•N •N •ELIVERY • Complete items 1,2,and 3.Also complete A. 'mature item 4 if Restricted Delivery is desired. x / 0 Agent • Print your name and address on the reverse "„ Lam✓ 0 Addressee so that we can return the card to you. B. Receiv-• by(Printed Name) P Date o relivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No LEONARD C AND VIRGINIA TURLEY 16307 .CR 20 FORT LUPTON CO 80621 3.�S6ervice Type yl Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.0.0. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7004 2890 0003 5709 4817 (Transfer from service label PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 U.S. Postal Service,. N 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•rr m7a r- tn Postage $ m o Certified Fee - Joleu!pJooa 6uiuueid 'saolul ipuaM I� Return Receipt Fee Postmark (Endorsement Required) Here vti0£9o-Sad o Restricted Delivery Fee £b0£90-Sad Cr (Endorsement Required) 9£0£90-Sbd ti 63£0090-iA .od Total Postage&Fees $ enrro JaoiJJo aoueiidwoa 6uipine N Leonard C and Virgxnj R.-Tuzley (Jo6aJ�166ad or PPOB x."no. 16307 CR 20 �\ City,Stara. Fort Lupton CO 80621 PS Form 3800,June "'^"'^' 2002 See Reverse for Instructions •ssaippe new-a Jo JaglLnu auoydaial 'ssaippe anoge ay;;e aw loeluoo aseaid 'Jallew siyl 6uiwaouoo suogsanb Aue aney noA 41 uogeloin ayl Apawai of awq luaioigns uani6 0JGM noA lets pue `uogeIo!A ells pal=o;klessaoau uogoe aq;'uogeioin ay1 to ainleu aq1 s0 OJBMB spew OJOM noA ;eq;aleoipui sp.looai Jnp •uoyeIoin ay;ApawaJ o;uogoe 1e6a1 y;iM paaooid o;Aawopv Alunoa ayl az!Jot;ne sJauoissiwwoo Alunoa so pleas ays ley; 6u!puawwooaJ aq !pm uoiloadsui 6wppng )o luawiJedaa ayl 0M; abed 900Z '01. AJenJgaj Aapnl 1 e1ui641A pue a pJeuoa- o 444, DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE I 918 10th Street, Greeley, CO 80631 WI O pgr) 353-61 00, Ext 3568 O Phone: (970) 353-61 00, Ext. 3568 Fax: (970) 304-6498 • SOUTHW EST 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 January 31, 2006 LEONARD C and VIRGINIA L TURLEY 16307 CR 20 FORT LUPTON CO 80621 Subject: VI-0500329, Part of the E2SW4 of Section 14, T2N, R66W of the 6th P.M.,Weld County, Colorado Dear Mr. and Mrs. Turley: It has been determined that the properties located at 16307 and 16423 County Road 20 are currently in violation of the following Sections of the Weld County Code: Chapter 29,Article III "Building Permits" Section 29-3-290 "Manufactured home certificate of occupancy." Chapter 29,Article VII "Mobile, Manufactured or Factory-Built Home Permits" Section 29-7-10 "Permit required." Section 29-7-50 "Zoning compliance." Section 29-7-70 "Approval and issuance of permit" Section 29-7-120 "Required inspections." Section 29-7-130 "Certificate of occupancy." To bring your property into compliance with the Weld County Code: Permit number PRS-053038: all inspections shall be completed and a certificate of occupancy issued. This permit expires on February 1, 2006. Permit number PRS-053043: fees of$400.00 shall be paid,the permit shall be issued,and all inspections shall be completed. The mobile home being used as a temporary during construction shall be removed prior to issuance of the certificate of occupancy on PRS-053038 Permit number PRS-053044: all inspections shall be completed and a certificate of occupancy issued. This permit expires on February 11,2006. 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 15(fifteen)days from January 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. DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 ' pgregory@co.weld.co.us Phone: (970) 353-61 00, Ext. 3568 Fax: (970) 304-6498 C. SOUTHW EST 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 September 21, 2005 LEONARD C &VIRGINIA L TURLEY 16307 CR 20 FORT LUPTON CO 80621 Subject: VI-0500329, Part of the E2SW4 of Section 14, T2N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Turley: It has been determined that the property located at 16423 County Road 20 is currently in violation of the following Section(s) of the Weld County Code: Chapter 23,Article IV,Division 3 "Mobile Homes and Manufactured Structures" Section 23-4-150.A "The applicant must have a valid building permit for the construction of a permanent dwelling unit on the same lot. Chapter 29,Article VII "Mobile,Manufactured or Factory-Built Home Permits" Section 29-7-10 "Permit required." To bring your property into compliance with the Weld County Code: The permit for the mobile home to be used for a temporary dwelling during construction of a permanent residence shall be issued and the balance due of$400.00 shall be paid. 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 21,2005, 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. Leonard C and Virginia L Turley 16307 CR 20 Fort Lupton CO 80621 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. ncere , Pegg(' Pegg hi /gory Building Compliance Officer pc: Vl-0500329 PRS-053043 ZPMH-2458 RE-3980 Wendi Inloes, Planning Coordinator (it ‘iv----...%:.\\:, DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 'Elise 918 10th Street, 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 August 16, 2005 LEONARD C &VIRGINIA L TURLEY 16307 CR 20 FORT LUPTON CO 80621 Subject: Permit# PRS-053043—Part of the SW4 of Section 14, T2N, R66W of the 6'" P.M., Weld County, Colorado Dear Mr. and Mrs. Turley: The above noted building permit is for a 12 X 60 existing mobile home to be used as a temporary dwelling to be used during construction of the manufactured home (PRS-053038). Even though this structure is considered temporary and will be removed once the certificate of occupancy is issued on the principal dwelling, the permit must be issued and all inspections approved per the Weld County Code. Please note that condition#2 of ZPMH-2458 states that a building permit must be obtained and comply with all installation standards. That condition was also included in the approval of Recorded Exemption number 3980. To avoid a violation being initiated on this property, please pay the$400.00 balance due within 10 days of the date of this letter so this permit can be issued. Should you have any questions, I may be reached at 970-353-6100, Ext.3568 or you may also speak to Roger Vigil, Building Official at Ext. 3540. Thank you for your cooperation in this matter. (e) liteaetfr (/ Peggy Gregory Building Compliance pc: PRS-053043 ZPMH-2458 RE-3980 Wendi Inloes, Planning Coordinator Roger Vigil, Building Official SERVICE,TEAMWORK,INTEGRITY,QUALITY 1 11111111111 11111 11111 11111 11111 1111111 I I 11111 1111 1111 960 3281960 04/29/2005 03:01P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder Quitclaim Deed THIS QUITCLAIM DEED, executed this_'9 day of ,3 _ , 20`j , by first party,Grantor, `a, /id i -4-Ur ,FL 6CC whose post office address to second party,Grantee, Lrocn4/r 62-9- ,i rag;,g � ft r mac/ whose post office address is /423/3`�- L3c l? 3 • ! /, 1(p / �I X cP4_2-( WITNESSETH, That the said first party,for good consideration and for the sum Dollars($ ) ) paid by the said second party,the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever,all the right,title,interest and claim which the said first party s n and to the following described parcel of I d,and improvements and appurtenances thereto in the County of `( � State of to wit: �Dt i�c 3980 p Is 4 bell-614 ivcr24 1 I a / ) Page I vow/0000.cm O 2004 Socrates Media,22C j230•Rev.OO04 1111111 lllll IIIII 11111 lllll 111111111111 III lllll Iill IIII 961 3281961 04/29/2005 03:01P Weld County, CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk& Recorder Quitclaim Deed THIS QUITCLAIM DEED, executed this day of P`/ n ' 20r, by first party, Grantor, 1 epn2rd e o—L1: re? at, 1 t u�r( whose post office address is J19 - t-JCy1� ad S fL l i fC� y 8 o/ _24to second party,Grantee, 1.Pmnarc k•(— U r i jI ✓`!P whose post office address is f/g-36'L 1 )C -)-1e b, 2-( WITNESSETH, That the said firs onsideration and for the sum of ` iwra�_ %lam / Dollars(S /d. ) paid by the said second party,the receipt whereof is hereby acknowledged,does hereby remise, release and quitclaim unto the said second party forever,all the right,title, interest and claim which the said first party has/ f in and to the following described parcel of land, and improvements and appurtenances thereto in the County of !. )P U. 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