HomeMy WebLinkAbout20061010.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST PHILLIP AND PRISCILLA WHITE 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, Phillip and Priscilla White, VI#0400270, 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 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, Phillip and Priscilla White 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 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 owners to complete all
inspections and have a final approval to bring the subject property into compliance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that VI #0400270 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Phillip and Priscilla White 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
owners to complete all inspections and have a final approval to bring the subject property into
compliance.
2006-1010
PL0824
cc '. /t, w//e° oL4 ar'-O(�
VIOLATIONS -VI #0400270 - PHILLIP AND PRISCILLA WHITE
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 COUNTY COMMISSIONERS
WELD COU , COLORADO
ATTEST:
. J. 'le, C it
Weld County Clerk to Ik . : =s x4152=�
David E. Long, Pro Tern
eputy Clerk to the :oa r it"
Will' m H. Jerke
AP V AS TO FO V`cQ &. \kVa—
Robert D. Masden
ty At r EXCUSED
Glenn Vaad
Date of signature: d4—I I —O4,
2006-1010
PL0824
Weld County Violation Summary
Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Phillip G and Priscilla J White
Violation: VI-0400270 Permit number: BCN-030280
Address: 24410 County Road 17, Johnstown, CO 80534
Legal: Part of the SW4 of Section 33, T5N, R67W, Weld County, Colorado
Location: East of and adjacent to County Road 17, '/z mile north of County Road 50
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Agricultural property
Parcel Number: 0957-33-3-00-033 Acres: 2.26
Certified mail date: March 15, 2006 Received: March 21, 2006
Currently the property is in violation of:
Chapter 29, Article VIII, Section 29-8-40
REMEDY
To bring the property into compliance, the building permit for an addition to the existing dwelling shall have
all inspections completed and a final approval.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for
immediate action as this is a 2003 permit and there have been no inspections since August, 2005.
CASE HISTORY
August 30, 2004 10-day compliance letter issued.
September 17, 2004 30-day violation letter issued.
November 2, 2005 Inspections completed.
January 3, 2005 Inspections scheduled and then cancelled.
May 11, 2005 10-day compliance letter issued.
June 2, 2005 30-day violation letter issued.
July 8, 2005 Certified letter indicating the violation case is scheduled before the Board of
County Commissioners.
July 13, 2005 Telephone call from Greg White, he will have inspections current by 08/01/05.
August 4, 2005 Inspections completed
2006-1010
VI-0400270
Violation summary
page two
August 5, 2005 Left message for Greg White that the permit is now current but he needs to have
continued regular inspections.
January 25, 2006 10-day compliance letter issued.
February 8, 2006 30-day violation letter issued.
February 27, 2006 Phone call from Greg White, he will schedule an inspection by February 23, 2006.
February 27, 2006 Left a message for Greg White to call me regarding scheduling an inspection.
March 15, 2006 Certified letter indicating the violation case is scheduled before the Board of
County Commissioners.
6 DEPARTMtNT OF PLANNING SERVICES
At it Building Compliance Division
NORTH OFFICE
CO
918 10th Street, Greeley, C 80631
pgregory@co.weld.co.us
s
ipt Phone: (970) 353-6100, 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
March 15, 2006
PHILLIP G and PRISCILLA J WHITE
24410CR17
JOHNSTOWN CO 80534
Subject: VI-0400270, Part of the SW4 of Section 33, T5N, R67W, of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. White:
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 of the Weld County Code:
Section 29-8-40 "Expiration of permit"
To bring your property into compliance:
All inspections shall be completed and the permit for an addition to your home shall
have final approval.
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 ly,
Pegg r goy V v
Building Compliance Officer
pc: VI-0400270
BCN-030280
SERVICE,TEAMWORK, INTEGRITY,QUALITY
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PS Form 3800,June 2002 See Reverse for Instructions
SENSE•: CsM'LcTE THIS SECT/IN
CeM•LETE THIS SEC7/•N• •Y
■ Complete items 1,2,and 3.Also complete A Signature_
item 4 if Restricted Delivery is desired.
laPri Printyour name and address on the reverse i
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so that we can return the card to you. � Addressee
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or on the front if space permits. 1f-L ,/
1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes
-.I If YES,enter delivery address below: prNo
PHILLIP G & PRISCILLA WHITE
24410 CR 17
JOHNSTOWN CO 80534
3. Service Type
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❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number
(Transfer from service q 7005 1160 0001 4537 7571
PS Form 3811,February 2004 Domestic Return Receipt
102595-02-M-f540
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division.
NORTH OFFICE
918 10th Street, Greeley, CO 80631
I Website: www.co.weld.co.us
E-mail Address: pgregory5co.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
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
February 8, 2006
PHILLIP G and PRISCILLA J WHITE
24410CR17
JOHNSTOWN CO 80534
Subject: VI-0400270, Part of the SW4 of Section 33, T5N, R67W of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. White:
It has been determined that the property located at 24410 County Road 17 is currently in violation of the following
Section of the Weld County Code:
Section 29-8.40 of the Weld County Code states that building permits shall expire after 180 days of inactivity.
To bring your property into compliance with the Weld County Code:
All inspections shall be completed and the permit for an addition to your home 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 February 8, 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.
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.
gY, n
Pegg Grr;gory
Building Compliance Officer
pc: BCN-030280
VI-0400270
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street
' Greeley, CO 80631
pgregory@co.weld.co.us
O Phone: (970) 353-6100, 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
January 25, 2006
PHILLIP G and PRISCILLA J WHITE
24410CR17
JOHNSTOWN CO 80534
Subject: Permit# BCN-030280—Part of the SW4 of Section 33, T5N, R67W of the 6th P.M.,
Weld County, Colorado
Dear Mr. and Mrs. White:
It has come to the attention of the Department of Building Inspection that a permit for an addition to your home
at 24410 County Road 17 was issued on July 11,2003. According to our records,this permit will again expire
on January 31, 2006, and all of the required inspections have not been completed.
Section 29-8-40 of the Weld County Code states that:
A. 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.
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.
Sin rely,
Peggy
eggy Gregory
Building Compliance
pc: BCN-030280
VI-0400270
SERVICE,TEAMWORK,INTEGRITY,QUALITY
DEPARTMLIIT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Q Fax: (970) 304-6498
•
COLORADO SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
Phone: (970) 652-4210, Ext. 8730
Fax: (720)652-4211
July 8, 2005
Phillip G and Priscilla J White
24410CR17
Johnstown CO 80534
Subject: VI-0400270, Part of the SW4 of Section 33, T5N, R67W of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. White:
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 August 9, 2005, at 10:00 a.m., to consider the
violations. The property is in violation of the following Section of the Weld County Code:
Chapter 29,Article VIII "Permit Provisions"
Section 29-8-40 "Expiration of Permit"
To bring your property into compliance:
All inspections for the addition to your home shall be completed and the permit
shall have final approval.
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.
wee ely,
�''�-
Peggy regory
Building Compliance Officer
pc: VI-0400270
BCN-030280
SERVICE,TEAMWORK, INTEGRITY,QUALITY
U.S. Postal Service..,
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so that we can return the card to you. B. Re -ved by(Punted Name) C. Date of Delivery
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or on the front if space permits.
D. Is delivery address different from item 1? O Yes
1. Article Addressed to:
if YES,enter delivery address below: 0 No
PHTT.I,IP G & PRISCILLA J WHITE
24410 CR 17
JOHNSTOWN CO 80534
3. Service Type
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Cl Registered 0 Return Receipt for Merchandise
❑ Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7004 2890 0003 5709 2639
(transfer from service fah
PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540
4 DEPARTMENT OF PLANNING SERVICES
44‘1)
Building Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
e
pgregory@co.weld.co.us
Phone (970) 353-6100, Ext. 3568
Fax: 30(970) 304-6498
COLORADO SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
Phone: (970) 652-4210, Ext. 8730
Fax: (720)652-4211
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
June 2, 2005
Phillip G and Priscilla J White
24410 CR 17
Johnstown CO 80534
Subject: VI-0400270, Part of the SW4 of Section 33, T5N, R67W of the 6th P.M., Weld County, Colorado
Dear Mr. and Mrs. White:
It has been determined that the property located at 24410 County Road 17 is currently in violation of the following
Section(s)of the Weld County Code:
Section 29-8-40 of the Weld County Code states that building permits shall expire after 180 days of inactivity.
To bring your property into compliance with the Weld County Code:
All necessary inspections shall be completed and the permit for the addition to your home 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 June 2, 2005, 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.
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.
y, ‘
Peggy Gregory
Building Compliance Officer
pc: BCN-030280
VI-0400270
DEPARTMENT OF PLAN NING SERVICES
Building Compliance Division
NORTH OFFICE
I ea • 918 10th Street
WI 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: (970) 652-4210, Ext. 8730
Fax: (720)652-4211
May 11, 2005
Phillip G and Priscilla J White
24410 CR 17
Johnstown CO 80534
Subject: Permit# BCN-030280— Part of the SW4 of Section 33, T5N, R67W of the 6th P.M.,
Weld County, Colorado
Dear Mr. and Mrs. White:
It has come to the attention of the Department of Building Inspection that a permit for an addition to your home
at 24410 County Road 17 was issued on July 11,2003. According to our records,this permit expired on May
5, 2005, and all required inspections have not been completed.
Section 29-8-40 of the Weld County Code states that:
A. 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.
B. Any permittee holding an unexpired permit may apply for an extension of the time within which he or she
may commence work under that permit when he or she is unable to commence work within the time
required by this Article for good and satisfactory reasons. The Building Official may extend the time for
action by the permittee for a period not exceeding one hundred eighty(180)days upon written request by
the permittee showing that circumstances beyond the control of the permittee have prevented action from
being taken. No permit shall be extended more than once. In order to renew action on a permit after
expiration, the permittee shall pay a new full permit fee as established by the Board of County
Commissioners.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
page two
Failure to schedule inspections or request an extension, in writing, 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.
Gely, �f�
/d'CQ
rr
Peggy Gregory
Building Compliance
pc: BCN-030280
VI-0400270
SERVICE.TEAMWORK.INTEGRITY,QUALITY
DEPARTMENT OF BUILDING INSPECTION
Website: WWW.CO.WELD.CO.US
' E-mail Address: pgregory@co.weld.co.us
918 10th Street, Greeley, CO 80631
O Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
COLORADO
August 30, 2004
Phillip G and Priscilla J White
24410CR17
Johnstown CO 80534
Subject: Permit# BCN-030280—Part of the SW4 of Section 33, T5N, R67W of the 6th P.M.,
Weld County, Colorado
Dear Mr. and Mrs. White:
It has come to the attention of the Department of Building Inspection that a permit for an addition to your home
at 24410 County Road 17 was issued on July 11, 2003. According to our records, all required inspections
have not been completed. Failure to schedule inspections within 10 days from the date of this letter will result
in a violation 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,
O/
/ hart
Peggy Gregory
Building Compliance
pc: BCN-030280
SERVICE,TEAMWORK.INTEGRITY,QUALITY
Kai rwt.%::,
DEPARTMENT OF BUILDING INSPECTION
Website: WWW.CO.WELD.CO.US
E-mail Address: pgregory@co.weld.co.us
918 10th Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3568
Fax: (970)304-6498
COLORADO
August 30, 2004
Phillip G and Priscilla J White
24410CR17
Johnstown CO 80534
Subject: Permit#BCN-030280—Part of the SW4 of Section 33, T5N, R67W of the 6th P.M.,
Weld County, Colorado
Dear Mr. and Mrs. White:
It has come to the attention of the Department of Building Inspection that a permit for an addition to your home
at 24410 County Road 17 was issued on July 11, 2003. According to our records, all required inspections
have not been completed. Failure to schedule inspections within 10 days from the date of this letter will result
in a violation 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,
CZ Slat
/I/
Peggy Gregory
Building Compliance
pc: BCN-030280
SERVICE,TEAMWORK,INTEGRITY,QUALITY
oa0 IIIIII111111111111IIIIIIIIIIIIIIIIIIII III IIIIIIIIIIIII
1063080 05115/2003 04:11P Weld County, CO
of 1 R 6.00 A 14.40 Steve Moreno Clerk d Recorder
WARRANTY DEED
THIS DEED, Made this 12th day of May , 2003.
between Big Thompson Valley Farm, A Colorado
Partnership
of the County of Weld and State of Colorado
grantor.and Phillip Gregory White and Priscilla Joy
White
whose legal address is 24410 Weld County Road 17, Johnstown, CO 80534
of the County of Weld and State of Colorado ,grantees:
WITNESS,That the grantor.for and in consideration of the sum of ONE HUNDRED FORTY FOUR THOUSAND
AND NO/100
DOLLARS,($144,000.00 ),the receipt and
sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed.and by these presents does grant,bar-
gain,sell,convey and confirm,unto the grantees,their 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 o f Weld
and State of Colorado,described as follows:
Lot A, Recorded Exemption No. 0957-33-3 RE-3493 being a part of Section 33,
Township 5 North, Range 67 West of the 6th P.M., recorded April 29, 2003 at
Reception No. 3056938,
County of Weld, State of Colorado
also known by street and number as 24410 Weld County Road 17, Johnstown, Colorado 80534
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, 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 grantees.their
heirs and assigns forever. And the grantor,for himself.his heirs and personal representatives,does covenant,grant,bargain and
agree to and with the grantees,their 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
tee 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 soever, except for taxes for the current year,a lien but not yet due
and payable,and those specific Exceptions described by reference to recorded documents us reflected in the Title
Documents accepted by Buyer in accordance with section Sa]Title Review],of the contract dated
April 12, 2003 ,hetween the parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses-
sims of the grantees,their heirs and assigns,against all and every person or persons lawfully dawning 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.
Big Thompson Valley Farm, A 0TARY vs ,
Colorado Partnership
111.
� M18LfC;yp
Br: s.�s,...,
Brad ey B. Kirchner, Partner OfC�
4lreinamhaAtl COW Jf/fsW
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 12th day of May , 2003,by
Bradley B. Kirchner, Partner, Big Thompson Valley Farm, A Colorado
Partnership
My Commission expires: November 16, 2003 Wi icy snS.off'jai all
Notary uh he
Anne I. Radecky
WARRANTY DEED Oa Joint Te,,aal Iwwarrem File a 1131n2710a
A z a x at ay 1a t l
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