HomeMy WebLinkAbout20061272.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST GUY DUNNING JR.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, Guy Dunning Jr., VI #0600018, 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, Guy Dunning Jr., 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 July 9, 2006, to allow adequate time for the property owner to complete all
inspections and a Certificate 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 #0600018 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Guy Dunning Jr. 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 July 9, 2006, to allow adequate time for the property owner to
complete all inspections and a Certificate of Occupancy issued to bring the subject property into
compliance.
2006-1272
PL0824
cc-. PL , Uioi--- 05 aa ,�h
VIOLATIONS - VI #0600018 - GUY DUNNING JR.
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.
BOARD OF OUNTY COMMISSIONERS
�°� a WELD CO TY, COLORADO
ATTEST: l���` t o"�o —
J. eile, Chair
Weld County Clerk to the : :
* XCUSED
David E. Long, Pro-Tern
BY: 1uI 'L�
Duty CIeLk to the Board �--"L' A,h
William H. Jerke
PR D AS TO F EXCUSED
Robe Masden
ou ty ttor (P—C6A Glenn Vaad
Date of signature: 5 I iq/0(0
2006-1272
PL0824
Weld County Violation Summary
Building Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Guy O. Dunning, Jr.
Violation: VI-0600018 Building Permit Number: BCS-040434
Address: 13840 County Road 2.5, Brighton, CO 80603
Legal: Part of the E2SE4 of Section 32, T1 N, R66W of the 6m P.M., Weld County, Colorado
Location: South of and adjacent to County Road 2.5, 1%,mile East of Highway 85
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Agricultural property
Parcel Number: 1471-32-4-00-093 Acres: 3.74
Certified mail date: April 19, 2006 Received:
Currently the property is in violation of:
Chapter 29, Article VIII, Section 29-8-40
REMEDY
To bring the property into compliance, the permit for a new single family dwelling 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 but
delay action for 60 days as Mr. Dunning stated he will complete inspections.
CASE HISTORY
December 29, 2005 10-day compliance letter issued.
January 16, 2006 30-day violation letter issued
February 22, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of
County Commissioners.
March 10, 2006 Phone call to Mr. Dunning. He has been out of the country but should be ready for
an inspection in two weeks
March 20, 2006 Certified letter returned "Unclaimed."
April 19, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of
County Commissioners.
May 2, 2006 Phone call to Mr. Dunning. I advised him of the date, time, and place of the violation
hearing. He stated he will attend.
2006-1272
DEPARTML 1T 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
April 19, 2006
GUY O DUNNING JR
PO BOX 896
BRIGHTON CO 80601-0896
Subject: VI-0600018, Part of the E2SE4 of Section 32, Ti N, R66W, of the 6th P.M., Weld County, Colorado
Dear Mr. Dunning:
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 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 a new single family dwelling
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.
Sincerely,
Peggy Gregory
Building Compliance Officer
pc: VI-0600018
BCS-040434
SERVICE,TEAMWORK, INTEGRITY,QUALITY
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6 DEPARTML,.T OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
'4At( 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
February 22, 2006
GUY O DUNNING JR
PO BOX 896
BRIGHTON CO 80601-0896
Subject: VI-0600018, Part of the E2SE4 of Section 32, Ti N, R66W, of the 6th P.M., Weld County, Colorado
Dear Mr. Dunning:
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 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 a new single family dwelling
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 gely,
me at the above address, telephone number or e-mail address.
Peg go ry V v
Building Compliance Officer
pc: VI-0600018
BCS-040434
SERVICE,TEAMWORK, INTEGRITY,QUALITY
U.S. Postal Service,:,
r9 CERTIFIED MAIL,,, RECEIPT
0- (Domestic Mail Only;No Insurance Coverage Provided)
F•r•slivery int.rmati•n visit•ur we•site at www.us•s.c.
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Postage $
Candled Pee -
OO Return Receipt Fee Postmark
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(Endorsement Required) Here
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Guy 0 Dunning Jr
M1 Street,apt.No.;
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City,Stent,ZIM4
Brighton CO 80601-0896
("itLess. : DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
F
NORTH OFFICE
918 10th Street, Greeley, CO 80631
I
Website: www.co.weld.co.us
WI D E-mail Address: poregory(@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
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
January 16, 2006
GUY O DUNNING JR
PO BOX 896
BRIGHTON CO 80601-0896
Subject: VI-0600018, Part of the E2SE4 of Section 32, Ti N, R66W of the 6th P.M., Weld County, Colorado
Dear Mr. Dunning:
It has been determined that the property located at 13840 County Road 2.5 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 a new single family dwelling 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 January 16, 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.
dncer: y,
'K Arkr
Peggy Gregory
Building Compliance Officer
pc: BCS-040434
•VI-0600018
(71etta
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
I
I918 10th Street
WI C Greeley, CO 80631
O 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
December 29, 2005
GUY O DUNNING JR
PO BOX 896
BRIGHTON CO 80601-0896
Subject: Permit# BCS-040434— Part of the E2SE4 of Section 32, Ti N, R66W of the 6th P.M.,
Weld County, Colorado
Dear Mr. Dunning:
It has come to the attention of the Department of Building Inspection that a permit for a new single family
dwelling at 13840 County Road 2.5 was issued on October 28,2004. According to our records,this permit will
expire on January 7, 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.
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.
ol
y,
MY ileen
Peggy Gregory
Building Compliance
pc: BCS-040434
SERVICE.TEAMWORK.INTEGRITY.QUALITY
1111111 IIIII IIIII 111119 IiI�11111111111 III IIIII IIII IIII
3226776 10/12/2004 02:19P Weld County, CO
1 of 1 R 6.00 0 0.00 Steve Moreno Clerk 3 Recorder
Cc-
776 —
Recorded the day of ,at o'clock m.
Reception P Recorder By
26c.O.1„ QUIT CLAIM DEED
THIS DEED,Made this day of October 12, 2004 ,between
Guy 0. Dunning, Jr.
Grantor,for the consideration of eee TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION*"in hand paid,
hereby sells and quitclaims to
Guy 0. Dunning, Jr.
Grantee,whose street address Is P.O. Box 896, Btighton, CO 80601
City of ,County of WELD ,State of COLORADO ,the following
real property in the County of IfnD ,and State of Colorado,to wit:
LOT BOP RECORDED EXEMPTION NO.1471-32-4 RE-+3628 RECORDED Februay 9, 2004AT
RECEPTION NO. 3152371, BEING A PART OP THE East 1/2 of the Southeast 1/4'. of
Section 32, Township 1 North,. Range .66 West of the 6th P.M., County of Weld,
State of Colorado.
also known as street and number
TOGETHER with all its appurtenances.
The singular number shall include the plural,the plural the singular,and the use of any gender shall be
applicable to all genders. Signed as of the day and year first above written.
Guy O. owing,!r.
State of COLORADO
)ss.
County of Arlan,
The foregoing instrument was acknowledged before me this day of October 12, 2004
by Guy 0. Dunning, Jr.
tea ...
Witness my hand and official seal. -yy� "ZiR1.Y..,5?
My commission expires)p17 OW ' IJIJ J 1 , C • �' .,�'/C
Notary Public MEUNDA
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When recorded return to: Guy 0. Dunning, Jr.
P.O. Box 896
Brighton, CO 80601-0896
form 38 01/14/03 ace QUIT CLAIM DEED (890433)
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• Weld County Building Inspection Department
1555 North 17th Avenue,Greeley, CO 80631
970-353-6100,Ext.3540 Fax: 970-304-6498
Permit# BCS-040434 Status ISSUED
Applied 10/07/2004 Issued 10/28/2004 Expires 01/07/2006
Job Address 13840 CR 2.5 WEL Job Location 13840 CR 2.5
Job Description 3584 SF 2-STORY NEW SINGLE FAMILY DWELLING ON SLAB W/720 SF ATTACHED GARAGE,
250 SF SUNROOM,25 X 35 COVERED CARPORT, 10 X 16 UNCOVERED DECK, 2 -MASONRY
FIREPLACES
Occ. Class R3/U Construction Type: VB Zone District AGRICULTURAL
Parcel Number 1471-32-4-00-093
1997 UBC Valuation306,209.53
APPLICANT DUNNING GUY 10/07/2004 Phone: 303-550-9185
PO BOX 896
BRIGHTON CO
80601
PLUMBING CLEAR CREEK PLUMBING 11/22/2004 Phone: 303-536-4195
385 HOLLY ST
HUDSON CO
80642
License: 180383
OWNER DUNNING GUY O JR 10/07/2004 Phone: 303-550-9185
PO BOX 896
BRIGHTON CO
80601
CONTRACTOR OWNER 10/07/2004
ELECTRICAL OWNER 10/07/2004
MECHANICAL OWNER 10/07/2004
PLUMBING OWNER 10/07/2004
Minimum Required Zoning Setbacks N- 50 S- 10 E- 10 W- 10
N, SETBACK FROM CENTER OF ROAD
FEE SUMMARY
Total Permit Fees $5,331.71
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 1,922.25 1,922.25 1,922.25 .00
2020 Electrical 100025100-42 173.00 173.00 173.00 .00
2040 Building Plan C 100025100-42 1,249.46 1,249.46 1,249.46 .00
2180 RIF Fee Area 4,7074-90100-4 1,987.00 1,987.00 1,987.00 .00
NOTICE
The applicant,agents and employees shall comply with all the rules,restrictions and requirements of Weld County Zoning and Building Code Ordinances governing
location,construction,demolition and erection of the above proposed work for which this permit is granted.The building Official is authorized to order the immediate
cessation of work at any time a violation of the adopted codes or regulations appears to have occured. Violations of any codes or regulations may result in the revocation
of this permit.
Buildings must conform with the plans as submitted to the Building Inspection Department. My changes to the plans or lay-out must be approved prior to construction.
Any changes in the use or occupancy of the building must be approved.
It shall be the duty of the property owner or the person doing the work authorized by this permit to notify the Weld County Building Inspection Department that such work
is ready for inspection.
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