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HomeMy WebLinkAbout20060134.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST RAMON AND JULIA GARZA 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, Ramon and Julia Garza, VI #0500317, 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 10th day of January, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Ramon and Julia Garza 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 February 10, 2006, to allow adequate time for the property owners to complete all inspections and a Certificate of Occupancy issued. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0500317 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Ramon and Julia Garza 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 February 10, 2006, to allow adequate time for the property owners to complete all inspections and a Certificate of Occupancy issued. 2006-0134 PL0824 (10 4i Gldc' 07 d� Flo VIOLATIONS - VI #0500317 - RAMON AND JULIA GARZA PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 10th day of January, A.D., 2006. BOARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATTEST: ykil ; ul'� "�r=�i CUSED S ? J. Geile, Chair Weld County Clerk to the B , CUS u /°`�t� David EE D BY: 9� Long, Pro-Tern v �Y �.+✓ D uty Clerk to the Boar WS,un H. Jerke APP D AS TO F 1\44E— Robert D. Man ounty A orney Glenn Vaad Date of signature: 117311)(p 2006-0134 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Ramon and Julia Garza Violation: VI-0500317 Address: 4306 Acadia CT, Greeley, CO 80634 Legal: Lot 9, Block 14, West Hill-N-Park 1st Filing, Weld County, Colorado Location: Northeast corner of 49th Street and 47th Avenue North: City of Evans South: Indian Hills Subdivision East: City of Evans West: City of Evans Parcel Number: 0803-26-3-11-009 Acres: .147 Certified mail date: December 8, 2005 Received: Currently the property is in violation of: Chapter 29,Article VII, Section 29-7-130 REMEDY To bring the property into compliance, all inspections shall be completed and the permit for the manufactured home 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 30 days to allow Mr. Garza to make the necessary corrections and complete inspections. CASE HISTORY April 1, 2005 Permit issued, mobile home form signed by Mrs. Garza. September 1, 2005 Letter to remind of expiration date. September 16, 2005 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. October 11, 2005 Certified letter returned"Unclaimed." December 9, 2005 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. December 28, 2005 Phone call to Ramon Garza. He said he had received the letter and was aware of the hearing. He said he did not know he needed inspections and has been living in the mobile home for several months. Inspections were scheduled. December 20, 2005 Inspections performed, numerous corrections noted. 2006-0134 jet-1;itss, DEPARTMLIJT 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 December 9, 2005 RAMON AND JULIA GARZA 4306 ACADIA CT GREELEY CO 80634 Subject: VI.0500317, Lot 9, Block 14, West Hill-N-Park 1st Filing, Weld County, Colorado Dear Mr. and Mrs. Garza: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on January 10,2006,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 29-7-130 "Certificate of Occupancy." To bring your property into compliance: All inspections shall be completed and a certificate of occupancy issued on the permit for the mobile home. 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. 5 rely, • Peggy Gregory V 0 Building Compliance Officer pc: VI-0500317 PRN-053022 SERVICE,TEAMWORK, INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 pgregory@co.weld.co.us us liD Phone: (970) 353-6100, Ext. 3568 C 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 September 16, 2005 RAMON AND JULIA GARZA 4306 ACADIA CT GREELEY CO 80634 Subject: VI-0500317, Lot 9, Block 14, West Hill-N-Park 1st Filing, Weld County, Colorado Dear Mr. and Mrs. Garza: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on November 8, 2005, 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 29-7-130 "Certificate of Occupancy." To bring your property into compliance: All inspections shall be completed and a certificate of occupancy issued on the permit for the mobile home. 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. incer-- y, Peg yg agog U V Building Compliance Officer pc: VI-0500317 PRN-053022 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal Service,. CERTIFIED MAIL,. RECEIPT ra (Domestic Mail Only;No Insurance Coverage Provided) C F• . .slivery inf•nnati nvisit•urwe•Er sife at wvrw.us•s.c m® 0 ul Postage $ O Certified Fee O Return Receipt Fee Fee - Postmark (Endorsement Required) Here o Restricted Delivery Required) Rqu Fee (Endorsement ru ru Total Postage 8 Fees Sent To o RAMON & JULIA GARZA Street Apt No.; or PO Box No. 4306 ACADIA CT City,State.ZIP44 GREELEY CO 80634 PS Form 3800.June 2002 See Reverse for Instructions (& o Li - _ • lee., O a ail Oa off,: . Ll N O _ ittli i-- 2 in 0 e .413 Y6 CZ; Q J l O - t vJati: r��`y as a°i Y_Z`u.a�� S 7- tr x5 4::: _• ul ca,y�Jgj'� �r�_<i oCC o- - m Q S o � V r- ¢ oU z ili f° O 10 0 i ll O N CO o J al 001 .C V a# Y �7 fot. 10 c E FT ciP a 11 J� rn U Ui .l E tat tea. cc"; "<""O Cle ti` at 0 ma `''d et— C a s O omea 0.O C., (OS St 1:114 .71 U U.S. Postal ServiceTM ru CERTIFIED MAILS, RECEIPT T (Domestic Mail Only;No Insurance Coverage Provided) F r•elivery int•rmati•n visit•ur we•site at www.us•s.c•m� C Postage $ m Certified Fee sem t Re a Foe Postmark R (Endorsement R reququire Here r Delivery Required) Fee cr (Endorsement Restricted Require ca R1 Total Postage&Fees $ CI Sent To t` Ramon and Julia Garza Street,Apt No.; or PO Box No. 4306 Acadia CT City,State,ZIP+4 Greeley CO 80634 PS Form 3800.June 2002 See Reverse for instructions 4 Q" DEPARTMENT OF PLANNING SERVICES 4 d Building Compliance Division � I NORTH OFFICE 918 10th Street iiiiip Greeley, CO 80631 p g regory@ co.we l d.co.u s 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 September 1, 2005 RAMON AND JULIA GARZA 4306 ACACIA CT GREELEY CO 80634 Subject: Permit# PRN-053022—Lot 9, Block 14, Hill-N-Park 1s' Filing, Weld County, Colorado Dear Mr. and Mrs. Garza: This notice is to remind you that the above noted permit for a mobile home at 4306 Acadia Court will expire on September 28, 2005. Section 29-7-130 of the Weld County Code states that a certificate of occupancy shall be obtained on all mobile, manufactured, or factory-built homes no later than one hundred eighty(180)days after the permit is issued. In the event the certificate of occupancy is not issued by the expiration date, a meeting may be scheduled with the Board of County Commissioners to review the violation. The Board will determine if an extension is warranted or if the case should be referred to the County Attorney for legal action. For inspections 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, JSdZQ Peggy r gory rer Building Compliance pc: PRN-053022 SERVICE,TEAMWORK.INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTION PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 C WEBSITE: www.co.weld.co.us C 918 10TH STREET GREELEY, COLORADO 80631 COLORADO Building permit___________________________for a factory-built/manufactured/mobile home at q5---)k,k, \ (, (1, d ` ck\'° is being issued on 4-Wino . Section 29-7-130 of the Weld County Code states: "The certificate of occupancy shall be obtained no later than one hundred eighty(180) days after the permit is issued. Failure to obtain the certificate of occupancy within the one-hundred-eighty-day period will be sufficient reason to consider the mobile, manufactured or factory-built home in violation of this Building Code." If all inspections are not completed and a Certificate of Occupancy issued by * r m Q7 , gen a Certified letter will be mailed to the property owner as notification of the date and time the violation case is scheduled before the Board of County Commissioners. It is at the discretion of this Board whether you will have additional time to complete the remaining inspections. Respectfully, RQ 9 Roger Vigil Building Official Signed: % A . res' c_ Relations ih p to Property Owner: V/1/27(e cc: Building Compliance Officer Office Te h Building Permit File Date �� �,� Z167_ iiiiii'EllIIIIII I Jillii uiiniiiiniiiimiui 1 of 1 H 6.00 D 0.00 Weld County CO QUIT CLAIM DEED THIS DEED,Made this 7th day of September , 2000 ,between PATRICIA GARZA of the said County of WELD and State of CO ,grantor,and RAMON GARZA AND JULIA GARZA, AS JOINT TENANTS whose legal address is 4306 ACACIA CT. GREELEY, CO 80634 of the said County of WELD and State of COLORADO ,grantee: WITNESS,that the grantor.for and in consideration of the sum of Ton dollars and other good and valuable consideration DOLLARS,the receipt and sufficiency of which is hereby acknowledged,has remised, released, sold,conveyed,and QUIT CLAIMED,and by these presents,do remise,release,sell,convey and Quit Claim unto the grantee,his heirs,successors and assigns,forever,all the right,tide.interest,claim and demand which the grantor has in and to the real property,together with improvements,if any,situate,lying and being in the said County of WELD end State of Colorado described as follows: LOT 9, BLOCS 14, FIRST REPEAT OF WEST HILL-N-PARR, FIRST FILING A SUBDIVISION OP WELD COUNTY, STATE OF COLORADO. s known by street and number as: 4306 ACACIA CT., GREELEY, CO 80634 TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in any- wise thereunto appertaining,and all the estate,right, title, interest and claim whatsoever,of the grantor,either in law or equity,to the only proper use,be teft and behoof of the grantee,his heirs and assigns forever. The singular number shall include the plural,the plural and the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHF.RV OF,the grantor has executed this deed on the date e set forth above. e/t PATRICIA GARZA / State of COLORADO ) CJ se. County of WELD The foregoing instrument was acknowledged before me this 7tlk day of September , 7000 , by PATRICIA GARZA ,. Nr. .yyai.rv. ore d tau My commission expires �.'�li0 . Witness my hand and official seal. Q:,---- „act/ „ g yP 4w46,, ry Public .f O\ y • O, 3TAta M. No. 933 QUIT CLAIM DEED � i .. i r {i. t x Ii u • ' r ! I +•� { 3 , 11' . 1yyS { Mr�1 : J4 ' y' 1 yzr d {ss °� C C iillY { i•� �tiE1 isrs v >" si i s s ^—p;')*!: r t y'.ks 'v" ." 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