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HomeMy WebLinkAbout20060446.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING WELD COUNTY CODE VIOLATION CASE VI #0400246 AGAINST WINDON AND BETSY DAVIS, AND RIC DAVIS 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,Windon and Betsy Davis,and Ric Davis,VI#0400246,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 14th day of February, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Windon and Betsy Davis, and Ric Davis 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 Windon and Betsy Davis, and Ric Davis 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. 2006-0446 ri: : pL Woe- CA- PL0824 2 ` 03 .,f7 -060. VIOLATIONS - VI #0400246 - WINDON AND BETSY DAVIS, AND RIC DAVIS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of February, A.D., 2006. �� BOARD OF C UNTY COMMISSIONERS a\WELD COU , COLORADO ATTEST: / -1.ci ?� . J. eile, Chair Weld County Clerk to the _ •0 XCUSED it David E. Long, Pro-Tem BY: AtilieA lain :eft D ty CI k to the Boar `1-‘, t' W-1.-,--c William . Jerke APP AS TO F $.(3--) Rob rt D. as n ney ,l4 "-47_6 Glenn Vaad 10( Date of signature: 31 314i 2006-0446 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Windon H and Betsy L Davis Occupant: Ric Davis Violation: VI-0400246 Building Permit Number: BCN-050052 Mailing Address: 2730 Buena Vista DR, Greeley CO 80634 Situs Address: 5909 West C Street, Greeley, CO 80634 Legal: Part of the SE4 of Section 33, T6N, R66W, of the 6th P.M., Weld County, Colorado Location: West of and adjacent to 59th Avenue North: Agricultural property South: City of Greeley East: Agricultural property West: Agricultural property Parcel Number: 0805-33-0-00-079 Acres: .87 Certified mail date: January 9, 2006 Received: January 12, 2006 from Betsy Davis January 9, 2006 Returned "Unclaimed"from Ric Davis Currently the property is in violation of: Chapter 29, Article VIII, Sections 29-8-40 REMEDY To bring the property into compliance, the permit for the detached garage 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 the there have been numerous phone calls and letters, both regarding a building with no permit and then to schedule inspections. CASE HISTORY August 4, 2005 10-day letter to submit building permit application for detached garage. August 25, 2004 30-day violation letter issued for no permit. September 2, 2004 Received letter from attorney stating the building is an agricultural building. September 3, 2004 Letter to Mr. and Mrs. Davis and Mr. Schaeffer explaining the criteria for agricultural exempt buildings and the permit process. October 14, 2004 Phone call to Windon Davis to inquire status of submitting a permit application. He said I need to contact either his son, Ric Davis or Warren Schaeffer, Attorney. He will contact them to advise they need to submit a permit application. 2006-0446 Violation Summary VI-0400246 page two October 29, 2004 Phone call to Betsy Davis, she said the building belongs to her son and she will ask him to contact me. November 8, 2004 10-day letter to submit either the agricultural exempt permit application or the building permit application, whichever applies (permits were enclosed). November 16, 2004 Letter from attorney requesting a permit application. Permit application mailed to attorney. December 17, 2004 Left message for Mr. Schaeffer to call me. January 13, 2005 30-day violation letter issued for no permit. February 7, 2005 Building permit application submitted. April 18, 2005 10-day letter to pick up permit, submit a copy of the deed, and pay the fees. May 5, 2005 30-day violation letter mailed as permit has not been issued. November 4, 2005 10-day compliance letter issued for no inspections. November 21, 2005 30-day violation letter issued November 28, 2005 Phone call from Ric Davis, I explained he needs to schedule inspections. He will call to schedule within a week. December 27, 2005 Phone call to Ric Davis, he will call for inspections this afternoon or tomorrow morning. January 9, 2006 Certified letter indicating the violation case is scheduled before the Board of County Commissioners, mailed to Windon and Betsy Davis and to Rick Davis 1 Q +J �yG :,--)n y O \i/ cg Ll m ' W Q ,,�J N he k cL w \.•'. ' ,f n, N O}LING (-: .;t sy ri. — soot i Nbr — ra ue ldd0 "b'E°a4 ma ed e�PIaM ti co en o Cw al O UNY U OW if? W lb UO 7 T N Wino ill O Yl W O _, y C Cr, M •> (Il Oil w ID e'E 00 a, •.t, CO w W e ,,, „, 1 til ill dUN V Aat*ei•-• * . m m °r° : OQOa.o O [Crnt7 O 4L08., DEPARTM. ,T OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 (ti:4161111"' pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 O SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 January 9, 2006 RIC DAVIS 5909 W C ST GREELEY CO 80634 WINDON H and BETSY L DAVIS 2730 BUENA VISTA DR GREELEY CO 80634 Subject: VI-0400246, Part of the SE4 of Section 33, T6N, R66W, of the 6th P.M., Weld County, Colorado Dear Mr. Davis: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on February 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 the detached garage 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 a-rhail address. ncer y,j q�c OOOp t Peggy Gregory Building Compliance Officer pc: VI-0400246 BCN-050052 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal Service=M .� U.S. Postal ServicerM 0, `CERTIFIED MAILTM RECEIPT r ` CERTIFIED M'AILTM RECEIPT:. en S (QomesticMail Only;No Insurance-Coverage Provided) Irl (Contestiic-Mall'Only;'No Insurance CoverageProvided) F rdelivery lM rmati mvisit•urw-•site.at www.us.:.c•mo IT For delivery information visit our website at www.uspe.come 0 Er f- . O Postage $ Ir7 Fri Postage $ 0 Certified Fee MI O a MI Certified Fee Postmark O Return Receipt Fee a Postmark (Endorsement Required) Here p Return Receipt Fee Here p (Endorsement Required) IT Restricted Delivery Fee (Endorsement Required) fl'Irl Restricted Delivery Fee (Endorsement Required) FD Total Postage 8 Fees $ $ N S Total Postage 8 Fees — O Sent To = N Windon H and Betsy L Davis C3 Sent Davis Street,Apt.No.; or PO Sox No. 2730 Buena Vista DR F` *set Apt No.; or PO Box No. 5909 W C ST City,State,ZtP+a Greeley CO 80634 City,State,ZIP+a Greeley CO 80634 PS Form 3800,June 2002 See Reverse for Instructions PS Form 3800,June 2002 See Reverse for Instructions SENIE': C•M'LETETHISSECTIeN C•M•LETETHISSECTI•N0 aELIVE-y • Complete items 1,2,and 3.Also complete A Sign !re item 4 if Restricted Delivery is desired. „ �!�/�� £7 ❑Agent • Print your name and address on the reverse A�-C. L L�.{7 Addressee so that we can return the card to you. B. Received .i(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. I //( 7(7,.. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: O No WINDON H & BETSY L DAVIS 2730 BUENA VISTA DR GREELEY CO 80634 3. Service Type ri Certified Mail ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article rfroms 7004 2890 57F1-6 4596 Number ranter from service la 3 PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 6 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 ' Website: www.co.weld.co.us E-mail Address: pgregory(Tco.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 November 21, 2005 • RIC DAVIS 5909 W C ST GREELEY CO 80634 WIN DON H and BETSY L DAVIS 2730 BUENA VISTA DR GREELEY CO 80634 Subject: VI-0400246, Part of the SE4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Davis: It has been determined that the property located at 5909 West C 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 detached garage 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 November 21,2005, 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 a: 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. incere', Peg egory Building Compliance Officer pc: BCN-050052 VI-0400246 (4 L......... DEPARTMLIil OF PLANNING SERVICES Building Compliance Division NORTH OFFICE till it NII 4,4 918 10th Street Greeley, CO 80631 pgregory@co.weld.co.us WI I D Phone: (970) ioa-61UU, Ext. 3568 Fax: (970) 304-6498 Q SOUTHWEST OFFICE 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 November 4, 2005 RIC DAVIS 5909 W C ST GREELEY CO 80634 WINDON H and BETSY L DAVIS 2730 BUENA VISTA DR GREELEY CO 80634 Subject: Permit# BCN-050052—Part of the SE4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Davis: • It has come to the attention of the Department of Building Inspection that a permit for a detached garage at 5909 West C Street was issued on May 6, 2005. According to our records, this permit expired on August 2, 2005, and none of the required inspections have 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. to 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. Si tffibie,rer Peggy Gregory Building Compliance pc: BCN-050052 VI-0400246 SERVICE.TEAMWORK,INTEGRITY.QUALITY a (ice DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us 918 10th Street, Greeley, CO 80631 Phone: (970) 353-61O0, Ext. 3568 Q Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE May 5, 2005 Windon H and Betsy L Davis 2730 Buena Vista DR Greeley CO 80634 Rick Davis 5909 W C ST Greeley CO 80634 Subject: VI-0400246, Part of the SE4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Davis: The property located at 5909 West C Street remains in violation of the following Section of the Weld County Code: Chapter 29,Article Ill, Section 29-3-10 "Building permit required." Chapter 29,Article Ill, Section 29-3-110 "Permit application." Chapter 29,Article Ill, Section 29-3-110.A. "Have written proof of ownership in the form of a warranty deed." Chapter 29,Article Ill, Section 29-3-200 "Fees." To bring your property into compliance with the Weld County Code: The balance of$380.88 shall be paid,a warranty deed shall be submitted,and building permit number BON-050052 shall be 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 May 5, 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. January 13, 2005 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 a sufficient amount of time with you. : e1y, Afeen Peg y regory Building Compliance Officer pc: BCN-050052 VI-0400246 DEPARTMLNT 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: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 April 18, 2005 Ric Davis 5909 W C ST Greeley CO 80634 Windon H and Betsy L Davis 2730 Buena Vista DR Greeley CO 80634 Subject: Permit# BCN-050052— Part of the SE4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Davis: I have previously contacted you regarding the building on your property that was built with no permit. On February 7, 2005, a permit application was submitted; however, this permit has not been issued. You were advised that a copy of the recorded warranty deed was required. Please come to this office within 10 days from the date of this letter to pick up the permit, submit a copy of the deed, and pay the balance due of $380.88. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. ely, Ant Peggy Gregory Building Compliance pc: BCN-050052 VI-0400246 SERVICE,TEAMWORK,INTEGRITY,QUALITY 41fr, DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US I E-mail Address: pgregory@co.weld.co.us I918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 QFax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE January 13, 2005 Windon H and Betsy L Davis 2730 Buena Vista DR Greeley CO 80634 Rick Davis 5909 W C ST Greeley CO 80634 Warren W. Schaeffer Attorney at Law Houtchens, Houtchens, and Greenfield LLC 822 7 ST, Suite 270 Greeley CO 80631 Subject: VI-0400246, Part of the SE4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Davis: It has been determined that the property located at 5909 West C Street remains in violation of the following Section of the Weld County Code: Section 29-3-10 "Building permit required." To bring your property into compliance with the Weld County Code: A Building Permit application or a Certificate of Compliance application and all applicable documents shall be submitted for the building at the above address. 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 13, 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. January 13, 2005 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 a sufficient amount of time with you. erreely, 0V "'San 0 Peggy Gregory Building Compliance Officer pc: Vl-0400246 era DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US Wig C 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 November 16, 2004 Warren W. Schaeffer Attorney at Law Houtchens, Houtchens, and Greenfield LLC 822 7 ST, Suite 270 Greeley CO 80631 Subject: Part of the SE4 of Section 33, T6N, R66W of the 6`h P.M., Weld County, Colorado Dear Mr. Schaeffer: I am enclosing both a building permit application and a Certificate of Compliance application. Please complete the form applicable to the use of the building. Thank you for your help. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. pan; rt Peggy Gregory Building Compliance VI-0400246 SERVICE,TEAMWORK,INTEGRITY.QUALITY LAW OFFICES BARNARD HOUTCHENS HOUTCHENS HOUTCHENS & GREENFIELD. LLC E. H. HOUTCHENS RETIRED 822 SEVENTH STREET.SUITE 270 18]8- 1942 JOHN B. HOUTCHENS GREELEY,COLORADO 80631-4045 RODGER I. HOUTCHENS KIM ROBERT HOUTCHENS GREELEY (970)353-9195 1921 . 1988 DALLAS D.GREENFIELD METRO DENVER (303)571-0052 BRANDON B. HOUTCHENS FAX (970)353-0151 S. ROBERT HOUTCHENS 1917- 1989 WARREN W.SCHAEFFER JERRY C. DANIEL 1927- 1998 Weld County Planning Department GREF' EY OFFICE M 2004 November 15, 2004 rr Ms. Peggy Gregory Weld County Building Compliance 918 10th Street Greeley, CO 80631 Subject: Part of the SE4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Ms. Gregory: Please provide to me the permit applications so we can prepare them and submit them to you. If you have any questions, please contact me. Thank you. Sincerely, HOUTCHENS, HOUTCHENS & EENFIELD, LLC Warren W. Schaeffer Attorney at Law 111 WWS:kal 46 DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US I C 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 November 8, 2004 Windon H and Betsy L Davis 2730 Buena Vista DR Greeley CO 80634 Rick Davis 5909 West C ST Greeley CO 80631 Warren W. Schaeffer Attorney at Law Houtchens, Houtchens, and Greenfield LLC 822 7 ST, Suite 270 Greeley CO 80631 Subject: Part of the SE4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Davis: I have previously been in contact with you regarding the building at 5909 West C Street. Mr. Davis, I spoke with you on October 14, 2004, and you stated I should contact Rick Davis or Mr. Warren Schaeffer. I then spoke with Mrs. Davis on October 29, 2004, and was told the building belongs to your son and he would be asked to contact me. The deed to this property is still in your names. With my letter of September 3, 2004, I enclosed two permit applications and requested you complete the permit that was applicable to the use of the building. To date, no one has contacted me and no permit has been submitted. Please submit the appropriate building permit within 10 days from the date of this letter. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. /J (�ely hen Peggy Gregory Building Compliance VI-0400246 SERVICE,TEAMWORK.INTEGRITY.QUALITY a 111-.--essi> DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US I C E-mail Address: pgregory@co.weld.co.us 111 918 10th Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970)304-6498 COLORADO September 3, 2004 Windon H and Betsy L Davis 2730 Buena Vista DR Greeley CO 80634 Warren W. Schaeffer Attorney at Law Houtchens, Houtchens, and Greenfield LLC 822 7 ST, Suite 270 Greeley CO 80631 Subject: Part of the SE4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Davis: I am in receipt of Mr.Schaeffer's letter dated September 2,2004, stating the building at 5909 West C Street is an Agricultural Exempt Building. As per Section 312 of the 2003 International Building Code (which I have enclosed), ag buildings also need to be permitted; however, there are no fees and no inspections are performed. A building constructed for the sole purpose of housing farm implements, hay, grain, poultry, livestock or other horticultural products on agricultural-zoned property may be permitted as an Agricultural Exempt Building. As per Item #9, electricity and water may be installed but a separate permit must be submitted. Personal vehicles or items may not be stored in the building. I am enclosing a Certificate of Compliance form to be completed and submitted if all the items listed apply. Please initial each item, have the form notarized,complete the third page and submit the required information. If this building is not eligible to be permitted as an Agricultural Exempt Building, please submit the building permit application you received with my letter of August 4, 2004. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, C279y Art Peggy regory Building Compliance VI-0400246 SERVICE.TEAMWORK,INTEGRITY.QUALITY LAW OFFICES BARNARD HOUTCHENS HOUTCHENS HOUTCHENS & GREENFIELD, LLC E. H. HOUTCHENS RETIRED 822 SEVENTH STREET, SUITE 270 la7b- 1942 JOHN B. HOUTCHENS GREELEY, COLORADO 80631-4048 RODGER I.HOUTCHENS KIM ROBERT HOUTCHENS GREELEY (970)353-9195 1921 - 1988 DALLAS D.GREENFIELD METRO DENVER (303)571-0052 BRANDON B. HOUTCHENS FAX (970)353-0151 S. ROBERT HOUTCHENS 1917- 1989 WARREN W.SCHAEFFER JERRY C. DANIEL 1927- 1998 September 2, 2004 Ms. Peggy Gregory Building Compliance Officer Depaitinent of Building Inspection 918 10th Street Greeley, CO 80631 RE: VI-0400246, Part of the SE4 of Section 33, T6N, R66W of the 6`h P.M., Weld County, Colorado Dear Ms. Gregory: - I represent Dr. Windon H. and Betsy L. Davis. They are in receipt of your letter dated August 25, 2004, stating that the Davises are in violation of Section 29-3-10 of the Weld County Code. We disagree that they are in noncompliance. The building in question is simply an ag building that is used to store equipment. It has been located there for quite some time. The building suffered some damage to siding and plywood exterior as a result of the very strong winds and thunderstorms early this summer and late spring. The corrective work has been completed to a large degree, and should no longer be of any concern to the County or residents in the vicinity. Should you have any questions please contact me directly at the numbers and address shown above. Sincerely, H UTCHENS, H- CHENS.8f G LD, LLC Warren W. Schaeffer Attorney at Law WWS:kal xc: client Kit DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US I E-mail Address: pgregory@co.weld.co.us I918 10th Street, Greeley, CO 80631 C. Phone: (970) 353-610, Ext. 3568 Fax: (9770) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE August 25, 2004 Windon H and Betsy L Davis 2730 Buena Vista DR Greeley CO 80634 Subject: VI-0400246, Part of the SE4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Davis: It has been determined that the property located at 5909 West C Street is currently in violation of the following Section(s) of the Weld County Code: Section 29-3-10"Building permit required." To bring your property into compliance with the Weld County Code: A Building Permit Application and all necessary documents shall be submitted for the building under construction. 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 August 25, 2004, 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. SinceerQelly,, eel o/�Gre9 y Peggy Building Compliance Officer pc: VI-0400246 iti,\tilf\ ;k1J DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US lie E-mail Address: pgregory@co.weld.co.us WI 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO August 4, 2004 Windon H and Betsy L Davis 2730 Buena Vista DR Greeley CO 80634 Subject: Part of the SE4 of Section 33, T6N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Davis: It has come to the attention of the Department of Building Inspection that a building is in progress on your property at 5909 West C Street. We have no record of a building permit at this location which is in violation of the Weld County Building Code. I am enclosing a Building Permit Application for your convenience. Please complete the form and submit it within 10 days from the date of this letter along with the information listed on the back of the form. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this �matter. SiS` rely, p sly� Peg regory 0 a Building Compliance SERVICE.TEAMWORK,INTEGRITY,QUALITY ' K242697% 2426974 B-1480 P-519 02/16/95 O4:24P PG 1 OF 1 REC DCC Weld County CO Clerk & Recorder 5.00 QUIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS, that Windon H. Davis, Grantor, whose legal or street address is 2730 Buena Vista Drive, Greeley, Colorado 80631, as a gift, hereby gives, conveys, and quit claims to Windon H. Davis and Betsy L. Davis, as tenants in common, Grantees, 2730 Buena Vista Drive, Greeley, Colorado 80631, with each to receive an undivided one-half interest in the following real property located in Weld County, Colorado, to wit : Part of the SW',( of the SE of Section 1, Township 5, in Range 66, West of the 6th P.M. , Greeley Annexation, more particularly described as follows : Beginning at a point 394 . 7 feet East and 30 feet North of the SW corner of the SW'A of the SE'4, thence North 182 feet, thence East 136 . 75 feet, thence North 100 feet, thence East 163 .25 feet, thence South 282 feet, thence West 300 feet to the place of beginning, excepting the South 182 feet of the West 144 . 75 feet together with all its appurtenances . SIGNED AND DELIVERED this 7 day of February, 1995 . Windon H. Davis STATE OF COLORADO ) ss . COUNTY OF WELDtS The foregoing instrument was acknowledged before me this q day of February, 1995, by Windon H. Davis . 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