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HomeMy WebLinkAbout20060136.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0500373 AGAINST JAMES SCOTT AND KELLY GLAHN 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 Scott and Kelly Glahn, VI #0500373, 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 10th day of January, 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 Scott and Kelly Glahn were 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 James Scott and Kelly Glahn 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. 2006-0136 PL0824 L 1.1 CC. C' } VIOLATIONS -VI #0500373 -JAMES SCOTT AND KELLY GLAHN PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 10th day of January, A.D., 2006. �o '~� BOARD OF COUNTY COMMISSIONERS ,I-`` f . I /`WELD COUNTY, COLORADO ATTEST: M � ( "1A�•I�%. S; CUSED '3 V:= = ay J. Gene, Chair Weld County Clerk to the =-:1' W �N 'j� 3 . -.., /XCUSED l 1 David E. Long, Pro-Tem BY: \. �'�'�'I LZtii ��i!�ir.�I D puty Clerk to the Boa (),---7-1,--, erke AP D AS ORM: Robert D. Maasd n u ty orney AttleACYg Glenn Vaad • Date of signature: I I23/o(P 2006-0136 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: James Scott and Kelly A Glahn Violation: VI-0500373 Mailing Address: 1026 Medicine Man CT, Windsor, CO 80550 Situs Address: 22526 County Road 70, Eaton, CO 80615 Legal: Part of the N2NE4 of Section 14, T6N, R65W, of the 6'" P.M., Weld County, Colorado Location: South of and adjacent to County Road 70, % mile East of County Road 45 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 0803-14-1-00-029 Acres: 3.81 Certified mail date: November 30, 2005 Received: December 5, 2005 Currently the property is in violation of: Chapter 29, Article VII, Sections 29-7-120 and 29-7-130 REMEDY To bring the property into compliance, all inspections shall be completed and 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 the permit expired on October 12, 2005, the last inspection was December 1, 2005. CASE HISTORY April 15, 2005 Permit issued, manufactured home form signed by owner. September 29, 2005 Letter to remind of expiration date. October 11, 2005 Phone call from Scott Glahn, all inspections should be completed in two weeks. October 25, 2005 30-day violation letter issued. November 30, 2005 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners; also mailed regular mail. December 2, 2005 Mr. Glahn was in the office and stated he should have his certificate of occupancy within two weeks. 2006-0136 (itp DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 I 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 30, 2005 JAMES SCOTT AND KELLY A GLAHN 1026 MEDICINE MAN CT WINDSOR CO 80550 Subject: VI.0500373, Part of the N2NE4 of Section 14, T6N, R65W, of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Glahn: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 10,2006,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 29-7-120 "Required inspections." 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 manufactured 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' ely, Peggy Gregory " Building Compliance Officer • pc: VI-0500373 PRN-053021 SERVICE,TEAMWORK, INTEGRITY,QUALITY • U.S. Postal Service], in CERTIFIED MAIL,., RECEIPT p (Domestic Mail Only;No Insurance Coverage Provided) F•rtlelivery int•rmati nvisit•ur we•sne at www.us•s�c•m�, cr N Postage $ C Cedifled Fee p Postmark p Return Receipt Fee Here p (Endorsement e Fee p Restricted Delivery Fee �' (Endorsement Required) Total Postage&Fees p ants p James Scott and Kelly A Glahn N Street Apt.Ni.; or PD Box No. 1026 Medicine Man CT Oily,State,ziws Windsor CO 80550 PS Form 3800.June 2002 See Reverse tar Instructions C•M•LETE THIS SECTI•N •N •ELIVERV SEN a E' •: C e •M• •LETE THIS SECTI e N / • Complete items 1,2, and 3.Also complete A. Signatu 4 N / El Agent Item Restricted Delivery is desired. , � �. __ _ d � �-: :- -: ■ Print your name and address on the reverse Name) C. Date of Delivery so that we can return the card to you. B. Repeiv�d oy/( n ) a—a-O5 ■ • Attach this card to the back of the mailpiece, • or on the front if space permits. D Is delivery address different from item 1? El Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No JAMES SCOTT & KELLY A GLAHN 1026 MEDICINE MAN CT WINDSOR CO 80550 3. Service Type $1 Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 70014 2890 0003 5709 14015 (Transfer from service label) 102595-02-M-1540PS Form 3811,February 2004 Domestic Return Receipt Kit a ;;:, DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE I 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 Cpgregory@co.weld.co.us Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 Phone:(720)652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE October 25, 2005 JAMES SCOTT and KELLY A GLAHN 1026 MEDICINE MAN CT WINDSOR CO 80550 Subject: VI-0500373, Part of the N2NE4 of Section 14, T6N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Glahn: It has been determined that the property located at 22526 County Road 70 is currently in violation of the following Section(s)of the Weld County Code: Chapter 29,Article WI "Mobile,Manufactured or Factory-Built Home Permits" Section 29-7-120 "Required inspections." Section 29-7-130 "Certificate of Occupancy." To bring your property into compliance with the Weld County Code: The manufactured home shall have all inspections 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 October 25, 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. 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 G'Fd'gory Building Compliance Officer • pc: VI-0500373 PRN-053021 6 DEPARTMENT OF PLANNING SERVICES rtoBuilding Compliance Division NORTH OFFICE 918 10th Street I Greeley, CO 80631 pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 O Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 January 4, 2006 SCOTT AND KELLY A GLAHN 1026 MEDICINE MAN CT WINDSOR CO 80550 Subject: Permit# PRN-053021 —Part of the N2NE4 of Section 14, T6N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Glahn: This notice is to remind you that the above noted permit for a manufactured home at 22526 County Road 70 will expire on October 12, 2005, 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, Peggy Gregory Building Compliance pc: PRN-053021 SERVICE,TEAMWORK,INTEGRITY,QUALITY - a iat DEPARTMENT OF BUILDING INSPECTION Willie PHONE (970) 353-610O, EXT.3540 FAX (970) 304-6498 WEBSITE: www.co.weld.co.us 918 10TH STREET GREELEY, COLORADO 80631 COLORADO Building permit P1 `4( Q )73O a/ for a factory-built/manufactured/mobile at ,)115(1-3(y) (,C _.---70) is being issued on 0`7 4 1 5 . 05 . 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 lot ) ' 0O 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,/ C79/°€:"Ilj° Roger Vigil Building Official c----4 Signed: c.--- — t; ____, _..,. Relationship to Property Owner: I � i �� cc: Building Compliance Officer Office Tec /� Building Permit File Date )L •/ / ) 11111111111 11111 1111111 11 11111111 11111III1111111111111 669$_ 3272698 03/30/2005 10:56A Weld County,CO 1 of 2 R 11.00 0 8.70 Steve Moreno Clerk&Recorder WHEN RECORDED RETURN TO: lames Scott Glahn and Kelly A. Glahn 1026 Medicine Man Court, Windsor, CO 80550 SDF$8.70 WARRANTY DEED THIS DEED, dated March 9, 2005, between Bickling Farms Limited Partnership, LLLP,a Colorado limited liability limited partnership of the County of Weld and State of Colorado, grantor(s), and James Scott Glahn and Kelly A. Glahn, whose legal address is 1026 Medicine Man Court, Windsor, CO 80550, of the County of Weld and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Eighty Seven Thousand and 00/100 Dollars ($87,000.00), 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), his 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: SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as: vacant land,no street address assigned, Greeley, CO 80631 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 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 grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns, that of the time of the ensealing and delivery of these presents, he Is 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 as 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 whatsoever, except general taxes for the year 2005 and subsequent years, and except easements, covenants, conditions, restrictions,reservations,and rights of way 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), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 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 grantor has executed this deed on the date set forth above. Bickling Farms Limited Partnership, LLLP, a Colloredd[R limited liability limited partnership BY Y'�+��-C „go/ Imogene M. Bicklin , Pa, er D STATE OF COLORADO ) )SS COUNTY OF WELD ) The foregoing instrument was acknowledged before me on March 09, 2005, by Imogene M. Bickling as Partner of Bickling Farms Limited Partnership, LLLP, a Colorado limited liability limited partnership. Witness my hand and official seal. My Commission Expires: �' 2 r—SppY ',oy.. Public / .p,;. ......., .tiii _ _ I DAVIN 1 j (File No.TNWS0000795 ) S ` DIRGE , i co, Its/ DOC-WD lndv to lndv ilf'.. � tyOF COL r ` • File No.TNW50000295 EXHIBIT A Lot A of Recorded Exemption No. 0903-14-01-RE-3650, recorded October 4, 2004 at Reception No. 3224486, being a part of N1/2 of the NE1/4 of Section 14, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed in Deed of Dedication recorded January 12, 2000 at Reception No. 2743982 and rerecorded May 12, 2000 at Reception No. 2767951. RESERVING HOWEVER, unto grantor all producing and non-producing oil, gas and other minerals presently owned by said grantor, if any, in, on, under, upon and that may be produced from said premises, TOGETHER WITH the rights of ingress and egress necessary toe xplore for, mine and remove such oil, gas and other minerals. 111111111111111111111111111111111111111 M 3272698 03/30/2005 10:55A Weld County, CO 2 of 2 R 11.00 D 8.70 Steve Moreno Clerk&Recorder r u • c 'I y�ri3 it:: ii„i4i,iiiiiiiiiiiiiiiiiiiiiittitiiiiitiiiliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii!'iliijtlit!t !7liii 4° " ,q �+ wrc O. ��j$ y .rte 11 iiiiiiiiiiit>: il irliirgiiii ilikT Ltn 1{j S , mac'.! iiiiiNfililli It t0 l',.....:, y _ i �: I IF r P ,. .it,',,,E6,;:' i. .. " + N sr ��ll � N G7 iii . iitiiiii ii y ` a x -0 'i' wr itititli --7- ii s_ �" `,,L L L r LEI LL M j�jGjG��� ��{(� +5 N W (,( (v ik i i 4 til {' il p ifl • �W�8 i I J 3:�i I, I� , O GC �,. , ` r ale # i .: i {q. Ltiil LA, IY i ! U =r ( } . 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