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Home My WebLink About20062131 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST KENNETH PEREZ 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,Kenneth Perez,VI#0500019, 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 8th day of August, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Kenneth Perez 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 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 November 8, 2006, to allow adequate time for the property owner to complete this project and to have all inspections completed to bring the subject property into compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0500019 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Kenneth Perez 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 November 8, 2006, to allow adequate time for the property owner to complete this project and to have all inspections completed to bring the subject property into compliance. 2006-2131 PL0824 OC ', PL) U l o c. VIOLATIONS -VI #0500019 - KENNETH PEREZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of August, A.D., 2006. it $OARD OF COUNTY COMMISSIONERS s&A LD CO , NTY, COLORADO ATTEST: 1A84 D I .•`14, iX." ile, Chair Weld County Clerk to the Bo-%r e cDC j4L „fie UN iavid . Long, Pro-Ter BY: Dep y Cler o the Board F Willi . Jer �(�n O AS TOGO Robert D. Masden o my Att ney EXCUSED Glenn Vaad Date of signature: 2006-2131 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Kenneth L Perez Violation: VI-0500019 Building Permit Number: BCS-050580 Address: 11539 Frederick Street, Fort Lupton, CO 80624 Legal: Lots 13 through 16, Block 12, Wattenberg,Weld County, Colorado Location: South of County Road 6, North of County Road 4.5 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1469-25-1-05-014 Acres: .287 Certified mail date: July 18, 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 breezeway shall have all inspections completed. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney but delay action for 90 days as Mr. Perez believes he can have the carport completed in that time. CASE HISTORY December 15, 2005 Permit issued to replace 2003 permit. May 11, 2006 Letter advising permit will expire in 30 days. June 13,2006 30-day violation letter issued. July 18, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. August 2, 2006 Phone call to Kenny Perez to verify he received the certified letter as I have not received a receipt. He had not picked it up but was aware of it. He will not be able to attend the hearing but would like some additional time to complete the project. He is attempting to get funds from his retirement account. 2006-2131 ratp DEPARTM. ,T 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 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 July 18, 2006 KENNETH L PEREZ 11539 FREDERICK ST FORT LUPTON CO 80624 Subject: VI-0500019, Lots 13 through 16, Block 12, Wattenberg, Weld County, Colorado Dear Mr. Perez: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on August 8,2006, at 10:00 a.m., to consider the violations. The property is in violation of the following Section(s) of the Weld County Code: Section 29-8-40 "Expiration of permit" To bring your property into compliance: All inspections shall be completed and the permit for the covered breezeway 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. 4 ly, Peggy Gregory Building Compliance Officer pc: Vl-0500019 BCS-050580 SERVICE,TEAMWORK, INTEGRITY,QUALITY • p DEPARTMENT OF PLANNING SERVICES Building Compliance Division 441 NORTH OFFICE 918 10th Street, Greeley, CO 80631 www. co.weld.co.us w.co.weld.co.us C E-mail Address: poreoory(a)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 June 13, 2006 KENNETH L PEREZ 11539 FREDERICK ST FORT LUPTON CO 80624 Subject: VI-0500019, Lots 13 through 16, Block 12, Wattenberg, Weld County, Colorado Dear Mr. Perez: It has been determined that the property located at 11539 Frederick Street 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 the covered breezeway and to complete permit number BCS-03038 shall have final approval. It is the intention of this office to assist and cooperate with you without imposing undue hardship;however,we have no discretion in this matter if you fail to correct this violation within 30 (thirty) days from June 13, 2006. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the case 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. S�Y, Peggy Gregory Building Compliance Officer pc: BCS-050580 VI-0500019 DEPARTMENT OF PLANNING SERVICES Pia Building Compliance Division NORTH OFFICE 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 May 10, 2006 KENNETH L PEREZ 11539 FREDERICK ST FORT LUPTON CO 80624 Subject: Permit# BCS-050580—Lots 13, through 16, Block 12, Wattenberg, Weld County, Colorado Dear Mr. Perez: It has come to the attention of the Department of Building Inspection that a permit for a breezeway to complete permit number BCS-030338 at 11539 Frederick Street was issued on December 15, 2005. According to our records,this permit will expire on June 13,2006, 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 DEPARTMENT OF PLANNING SERVICES fit Building Compliance Division NORTH OFFICE 918 10th Street D 4C) Greeley, 80631 pgregoryeley, COC 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 May 10, 2006 KENNETH L PEREZ 11539 FREDERICK ST FORT LUPTON CO 80624 Subject: Permit# BCS-050580— Lots 13, through 16, Block 12, Wattenberg, Weld County, Colorado Dear Mr. Perez: It has come to the attention of the Department of Building Inspection that a permit for a breezeway to complete permit number BCS-030338 at 11539 Frederick Street was issued on December 15,2005. According to our records,this permit will expire on June 13,2006,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, 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. Sin rely, Peggy Gregory Building Compliance pc: BCS-050580 VI-0500019 SERVICE,TEAMWORK,INTEGRITY,QUALITY Hello