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HomeMy WebLinkAbout20061273.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0600109 AGAINST MOISES RODRIGUEZ 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, Moises Rodriguez, VI #0600109, 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 9th day of May, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Moises Rodriguez 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 Moises Rodriguez 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. 2006-1273 PL0824 c'# ens �1 -c26, VIOLATIONS - VI #0600109 - MOISES RODRIGUEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of May, A.D., 2006. rF E 'ai` WELDD OF COUC UNTY, COLORADO COMMISSIONERS ATTEST: �r�.. r : %t? �//! ja..;. M. J. eile, Chair Weld County Clerk to th cF;, , EXCUSED David E. Long, Pro-Tem De ty Cler to the Board lit William H. Jerke AP AS TO • AEXCUSED Robert D. Masde n t ,1, ll V Glenn Vaad Date of signature: 5I i8I0(D 2006-1273 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Moises Rodriguez Violation: VI-0600109 Building Permit Number: BCS-050026 Address: 22185 Highway 52, Hudson, CO 80642 Legal: Part of the WW4 of Section 2, Ti N, R65W of the 6th P.M., Weld County, Colorado Location: North of Highway 52 and Southwest of 1-76 North: 1-3 South: Town of Hudson East: Agricultural property West: Town of Hudson Parcel Number: 1473-02-0-04-003 Acres: 9.14 Certified mail date: April 19, 2006 Received: Currently the property is in violation of: Chapter 29, Article VII, Section 29-7-30.F and Chapter 29, Article VIII, Section 29-8-40 REMEDY To bring the property into compliance, the permit to connect two mobile homes 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 there have been no inspections since August, 2005, and the majority of inspections still remain to be completed. CASE HISTORY August 15, 2005 Letter advising permit will expire on August 31, 2005. August 26, 2005 Inspections scheduled. August 31, 2005 Inspections scheduled. February 27, 2006 Letter to remind permit will expire on March 4, 2006. March 13, 2006 30-day violation letter issued. April 19, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. 2006-1273 7-1;:\r, DEPARTMcNT OF PLANNING SERVICES 6 Building Compliance Division F NORTH OFFICE 918 10th Street, Greeley, CO 80631 Wilpe, 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 April 19, 2006 MOISES RODRIGUEZ 22185 HWY 52 PO BOX 663 HUDSON CO 80642 FRED OTIS OTIS COAN &STEWART LLC 1812 56 AV GREELEY CO 80634 Subject: VI-000109, Part of the SW4 of Section 2, T1 N, R65W, of the 6th P.M., Weld County, Colorado Dear Mr. Rodriguez: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on May 9, 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 29-7-30.F"Construction and all required inspections shall be completed and finalized within one (1)year from the date of issuance of the building permit" Chapter 29,Article VIII "Permit Provisions" Section 29-8-40 "Expiration of permit. To bring your property into compliance: All inspections shall be completed and a certificate of occupancy issued on the permit for the connection of two mobile homes. 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. Si�rreely, qv Alekty Peggy Gregory Building Compliance Officer pc: VI-0600109 BCS-050026 U.S. Postal Service,., CERTIFIED MAIL, RECEIPT co ICI (Domestic Mail Only;No Insurance Coverage Provided) r- .r.elivery inf.rmati.n visit.ur we.site at vmw.us.s.c?.mo E to Postage $ rR Certified Fee Postmark Return Receipt Fee H CI Here (Endorsement Required) - p Restricted Delivery Fee (Endorsement Required) rR Total Postage 8 Fees $ to p f o p Moises Rodriguez N Street,Apr.No.; ctPOanxNo. 22185 HWY 52, PO Box 663 City,State,ziwa Hudson, CO 80642 PS Form 3800.June 2002 See Reverse for Inslrvctions 0 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 Will W www. co.weld.co.us w.co.weld.co.us E-mail Address:pgregoneco.weld.co.us Phone: (970) 353-6100, Ext. 3568 CD . 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 March 13, 2006 MOISES RODRIGUEZ PO BOX 663 HUDSON CO 80642 FRED OTIS OTIS COAN &STEWART LLC 1812 56 AV GREELEY CO 80634 Subject: VI-0600109, Part of the SW4 of Section 2, Ti N, R65W of the 6th P.M., Tract 12, Ireland Gardens, Weld County, Colorado Dear Mr. Rodriguez: It has been determined that the property located at 22185 Highway 52 is currently in violation of the following Section of the Weld County Code: Section 29-7-30 "Connection of two mobile or manufactured homes for human habitation." Section 29-7.30.F "Construction and all required inspections shall be completed and finalized within one(1)year from the date of issuance of the building permit. To bring your property into compliance with the Weld County Code: All inspections shall be completed and the permit for the connection of two mobile homes shall have final approval. 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 13,2006,to correct this 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. 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 n [) a sufficient amount of time with you. Si/ ely, A Peggy egory Building Compliance Officer pc: BCS-050026 VI-0600109 (1:It DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE IlD918 10th Street C Gree ley, CO 80631 O pgregory@co.weld.co.us ld.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 27, 2006 MOISES RODRIGUEZ PO BOX 663 HUDSON CO 80642 FRED OTIS OTIS, COAN, &STEWART LLC 1812 56 AV GREELEY CO 80634 Subject: Permit# BCS-050026—Tract 12, Ireland Gardens, Weld County, Colorado Dear Mr. Rodriguez: It has come to the attention of the Department of Building Inspection that a permit to attach a mobile home to an existing mobile home at 22185 Highway 52 was issued on March 4, 2005. According to our records,this permit will expire on March 4,2006, and all of the required inspections have not been completed. Section 29-7-30 F of the Weld County Code states that construction and all required inspections for the connection of two mobile or manufactured homes shall be completed and finalized within one(1)year from the date of issuance of the building permit. Failure to complete all inspections by the expiration date will result in a violation notice. Once a violation is issued, it will remain open until the permit is completed and is subject to go before the Board of County Commissioners with written notice. 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, °WY;art Peggy Gregory Building Compliance pc: BCS-050026 SERVICE,TEAMWORK,INTEGRITY,QUALITY 0 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE C I 918 10th Street Greeley, CO 80631 O 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 August 15, 2005 Moises Rodriguez PO Box 663 Hudson CO 80642 Fred Otis Otis Coan 8:Stewart LLC 1812 56 AV Greeley CO 80634 Subject: Permit# BCS-050026—Tract 12, Ireland Gardens, Weld County, Colorado Dear Mr. Rodriguez: It has come to the attention of the Department of Building Inspection that a permit to attach a mobile home to an existing mobile home at 22185 Highway 52 was issued on March 4, 2005. According to our records,this permit will expire on August 31, 2005, and no inspections have been completed. Section 29-7-10.F of the Weld County Code states that: Construction and all required inspections shall be completed and finalized within one(1)year from the date of issuance of the building permit. Section 29-8-40 of the Weld County Code states that: Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become null and void if the building or work authorized by such permit does not commence within one hundred eighty(180)days from the date of such permit,or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty(180) days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half(1/2)the amount required for a new permit for such work;provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded five (5)years. SERVICE,TEAMWORK,INTEGRITY,QUALITY page two Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. Once a violation is issued, it will remain open until the permit is completed and is subject to go before the Board of County Commissioners with written notice. 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: BCS-050026 SERVICE,TEAMWORK,INTEGRITY,QUALITY 111111 111E 111E 11111111111 111111�liii III HET III 3332572 10/18/2005 02:47P Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk&Recorder INDEX AS MOISES RODRIGUEZ,GRANTOR,AND THE UNITED STATES OF AMERICA,GRANTEE 572 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 05-CR-448-N UNITED STATES OF AMERICA, Plaintiff, v. 1. MOISES RODRIGUEZ, a/k/a Moises Rodriguez-Tena, 2. MARIA RODRIGUEZ, a/k/a Maria Quintana-Rodriguez, 3. JAVIER RODRIGUEZ, a/k/a Javier Rodriguez-Quintana, Defendants. NOTICE OF LIS PENDENS NAME OF PURPORTED RECORD TITLE OWNER: Moises Rodriguez PLEASE TAKE NOTICE that the United States of America seeks a judgment and final order of forfeiture pursuant to 18 U.S.C. §982 and 8 U.S.C. §1324 forfeiting to the United States, all of the defendant's right,title, and interest in and to the following real property: Tract 12,Ireland Gardens, Weld County, Colorado, Together with the burdens and benefits of an access easement located in the SW/4 of the SW/4 of Section 2, Township 1 North,Range 65 West of the 6th P.M., Weld County, Colorado, being 20 feet in width, and more particularly described in that certain Warranty Deed recorded on January 24, 2001 at Reception No. 2820991 of the records of the Clerk and Recorder of Weld County, Colorado Also known by street number as 22185 Highway 52, Hudson, Colorado 1 110111 IIIII IIIII 011111(III 111111 IIIII III IIIII IIII IIII 3332672 10/18/2005 02:47P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder Respectfully submitted this 18'"day of October, 2005. WILLIAM J. LEONE United States Attorney GREG HOLLOWAY Assistant United States Attorney 2 • .P'cat 11111111111111111111111111111111111111111111111111111111 _ �Rerkp 2820991 01124/2001 09:55A JA Sold Tsukamoto Recorder _ 1 of 2 R 10,00 D 19.60 Weld County CO WARRANTY DEED j THIS DEED,Made this/r/JANUARY day of 2 001 DEAN PICKLE AND SPECIALTY PRODUCTS COMPANY,a *x200Setwee5Wisconsin Corporation,as successor by name ch nge - to GREEN BAY FOOD COMPANY,a Wisconsin Corporation, as* of die n County of and State of Wisconsin Rolafaexgrantor,and MOISES RODRIGUEZ CO $04H2 whose legal address is P.O.$oz 463, H wison t of the County of Weld and State of Colorado,grantee: WITNESSETH,That the grantor for and in consideration of the sum of **** $10.DD*********************** TEN DOLLARS 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,his heirs and assigns forever,all the real property together with improvemenu,if any,situate,lying and being in the GI county of Weld and State of Colorado described as follows: s' SEE ATTACHED EXHIBIT °Art HEREIN INCORPORATED AND MADE A PART HEREOF. r *successor by merger to BLUHILL- AMERICAN FOOD COMPANY, a Colorado Corporation, as successor by name change to BLUHILL-AMERICAN PICKLE COMPANY,a Colorado Corporation, who acquired title by special warranty deed dated July 5, 1983 and recorded July 14, 1983 in Book 1002 as ReceptionNo. 1933580. as known by surer and number as: 22185 Hwy.52 Hudson, CO • TOGETHER with all and singular the hereditamenw and appurtenances thereto belonging,or anywise appertaining,and the reversion and reversions,remainder and remainder.,rents,issues and profits thereof.and all the estate,right,title,ninterest,claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises,with the heredilaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns forever.And the grantor,for himself,his heir,and personal representatives,does covenant.grant.bargain.and agree(nand with the grantee,his heirs and ' assigns,that at 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 ewer 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 never,except real estate taxes for the year 2001 and subsequent years. • The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee. ' his heirs and assigns,against all and every person or persons lawfully claiming the whole or any pan 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. DEAN PICIL TY PRODUCTS DrI1 COMP a cons Co o ion i • qq{{qq��ppnnaae dowski STATE oFiLlus®]Ixin County of Brown }as. • Tracing nn meat was know reef 7Y this C day of January ,wx2001 ' by £CA Eculk ✓il(�,r.r/ev eif Dean Pickle and Specialty Products any, a Wisconsin Corporation. My commission expires Aug. 11, 2002 .s* ,Witness my hand and official seal. . • • p 'Ifni Denver,foam"City.find '. - No.932A.Rev.7.84... WARRANTY DERR(Err Mpgapnk Wmedl f:[�.� Pafford Publishing,i Inc Wizen Sr.,Denver.CO WI2n2 -.I NCO 292 MOO ► ►II►►► 111111►11111►►1 HI it 1►111111 ►►►��►►� ���►►III 2820991 01/24/2001 09:5M JA Suld Tsukamoto 2 of 2 R 10.00 D 19.60 Weld County CO EXHIBIT "A" RE: Our Order No. : CS52065A Tract 12, Ireland Gardens, Weld County, Colorado, TOGETHER WITH THE burdens and benefits of an access easement located in the SW1/4 of the SW 1/4 of Section 2, Township.1 North, Range 65 West of the6th P.M. , Weld County, Colorado, being. 20 feet in width, 10 feet on each side of the following described centerline: Commencing at the SW Corner of said Section 2 and considering the South line of the SW 1/4 to bear North 90°00'00" East, and with all other bearings contained herein relative thereto; Thence North 90°00'00" East along said South line, 1167.00 feet; Thence North 02°35'00" West, 45.04 feet to the True Point of Beginning, said point being gn the North right-of-way line of Colorado State Highway No. 52, • and North 90 00'00" East, 27.00 feet ,of the SE corner of that certain parcel of land described in Book 973 as Reception No. 1898532; Thence along said centerline the following four (4) courses and distances: 1. North 04°23'46" West, 267.41 feet; 2. North 07°51'28" West, 166.34 feet; 3. North 05°08'37" West, 183.96 feet to a point on the North line of that certain parcel of land described in Book 940 as Reception No. 1862197, said point being North 89 57'45" West, 5.000 feet of the NE corner of said parcel, said point also being South 89 57'45" East, 6.68 feet of the SE corner of said Tract 12; 4. North O5 08'37" West, 66.50 feet to a point on the East line of said Tract 12, said point being North 00°36'57" East, 66.23 feet from the SE Corner of said Tract 12, said point also being the Point of Termination of the centerline of said access easement; Side lines of said easement to be shortened or lengthened to intersect the Easterly line of said Tract 12 on the North and the North right-of-way line of Colorado State Highway No. 52 on the South; EXCLUDING THEREFROM all improvements and buildings located on said property. • Weld County Building Inspection Department 1555 North 17th Avenue,Greeley,CO 80631 970-353-6100,Ext.3540 Fax: 970-304-6498 Permit# BCS-050026 Status VIOLATN Applied 01/25/2005 Issued 03/04/2005 Expires 08/31/2005 Job Address 22185 HWY 52 COL Job Location 22185 HWY 52 Job Description ATTACH 1974 SYL 12 x60 MOBILE HOME TO EXISTING 1969 KIT 12x60 MOBILE HOME- BLOCK&TIED W/ 10 X 11 COVERED PORCH-WORK ALREADY DONE-FOR PRINCIPAL DWELLING 1/27/05 -MH IS OCCUPIED-THIS PERMIT IS ALL THAT IS REQUIRED PER KIM&DENNIS -PRS-043023 EXPIRED-USR-1437 DENIED/REF CUP-25 (LIN) 03/03/05 MEMO FROM PAM SMITH, ENV HEALTH STATING THE SYSTEM IS ADEQUATE TO SERVE THE CURRENT REQUEST OF ONE RESIDENCE(BIM) 08/15/05 -LETTER TO REMIND OF EXPIRATION DATE(PJG) 02/27/06-LETTER TO REMIND PERMIT WILL EXPIRE ON 03/04/06(PJG) Occ. Class R3 Construction Type: VB Zone District AGRICULTURAL Parcel Number 1473-02-0-04-003 1997 UBC Valuation $0.00 APPLICANT OTIS FRED 01/26/2005 Phone: 970-330-6700 OTIS COAN&STEWART LLC 1812 56 AV GREELEY CO 80634 ELECTRICAL NEB ELECTRIC INC 01/26/2005 Phone: 303-857-2201 912 DENVER AV FT LUPTON CO 80621 License: 857 MECHANICAL OWNER 01/26/2005 PLUMBING OWNER 01/26/2005 OCCUPANT RODRIGUEZ JAVIER 01/27/2005 Phone: 303-536-4136 22185 HWY 52 HUDSON CO 80642 OWNER RODRIGUEZ MOISES 01/26/2005 Phone: 303-536-4136 PO BOX 663 HUDSON CO 80642 Minimum Required Zoning Setbacks N- 5 S- 5 E- 5 W- 5 ALL SETBACKS FROM PROPERTY LINE REF CUP-25 FEE SUMMARY Total Permit Fees $290.00 Total Payments .00 Balance Due $0.00 FEE BREAKDOWN SUMMARY Item#Description Account Code Tot Fee Paid Prv. Pmts Cur.Pmts ------------------------------------------- 2010 Building Permit 100025100-42 203.00 203.00 203.00 .00 2020 Electrical 100025100-42 37.00 37.00 37.00 .00 2040 Building Plan C 100025100-42 50.00 50.00 50.00 .00 Hello