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HomeMy WebLinkAbout20022463.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST VINCENT MACK 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, Vincent Mack, VI #0200063, 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 10th day of September, 2002, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Vincent Mack 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 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 Vincent Mack 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. 2002-2463 C ,PL , Uj0 PL0824 VIOLATIONS -VI #0200063 - VINCENT MACK PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of September, A.D., 2002. BOARD OF COUNTY COMMISSIONERS _�® ��+` WELD COUNTY, COLORADO ATTEST: �A"' 4 ��'�/����� / . I 4 EXCUSED ital ,,V, ' ) le Vaad, Chair �Nnq Weld County Clerk to the ���:� � (' �• '�1. I — ,ftir 2 ed 6 ,\,, / BY: & �//�� < N - _ ;Nor . , •avid E. L g, Pro-Tem .PLX,) c .64% ."Vd , Deputy Clerk to the Bar . A CCv M. J.�Geile 7-RAVED AS TO F EXCUSED illiam H. Jerke , y tt ney �r- -t^'1l \k-Q._ _ Robert D. Masden Date of signature: /a3 2002-2463 PL0824 DATE: September 4, 2002 VIOLA7;ON NUMBER: VI-0200063 NAME: Mr& Mrs Vincent Mack ADDRESS: 35396 WCR 55 ZONE DISTRICT: 1..;,ricultural LEGAL. fit 3CRIPTION: i.nt A of RE-2349 Part of theN2SW4 of Section 3, T6N. R64W of the 6`" P.i I., Weld County, Colorado Farce'. 0801-03-3-00-030 CASE SUMMARY December 4, 1998 Initial permit date. February 4, 1999 First inspection date. April 8, 1999 Last inspection date. March 21, 2002 Ten day compliance encouragement letter sent. May 3, 2002 Violation letter issued. July 1F 2002 Letters sent by certified s i' regular mail, to the property owner indicating that the violation case was scheduled before the Board of County Commissioners. July 20, 02 Received back signed certified mail receipt. Septerrhar 5, 2002 Property inspected. Property still in violation. Currently, there is a violation of Chapter 29,Article Vlll(8), Sections 29-8-40 of the Weld County Code. To bring the property into compliance the property owner shall complete all required inspections needed for the property. The inspections needed are:final electric and final approval. The Department of Building Inspections also recommends that the County Attorney authorize legal action against 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. 2002-2463 WARRANTY DEED THIS DEED, Made this 4th day of December, 1998 between �i ( ) ^ ��� J�V Barry J. Payant and W. Layne Payant �`�/ UUU of the County of Weld and State of Colorado, grantor, and Vincent S. Mack whose legal address is 35396 WCR 55, Gill, Colorado 80624 of the County of Weld and State of Colorado, grantees: WITNESSETH, That the grantor for and in consideration of the sum of EIGHTY FIVE THOUSAND AND 00/100, ($85,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate,lying and being in the County of Weld and State of Colorado, described as follows: Lot A of Recorded Exemption No. 0801-03-3-RE2349, recorded November 30, 1998 as Reception Nd. 2656375, being a part of the N1/2 of the SW1/4 of Section 3, Township 6 North, Range 64 West of the 6th P.M. , County of Weld, State of Colorado. Together with one domestic well also known by street and number as 35396 WCR 55, Gill, Colorado 80624 TOGETHER with all and singular the hereditaments and appurtenances thereto 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 grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his 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 fee 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 general taxes for 1998 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming 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. Barry J. Payant W. Layne Payant STATE OF COLORADO } } as. The foregoing instrument was acknowledged before County of Weld } me this 4th day of December, 1998 by Barry J. Payant and W. Layne Payant Witness my hand and official seal. My commission expires December 22, 1999 NOTARY PUBLIC 1113 Tenth Avenue No. 932A. Rev. 7-84 Greeley, COLORADO 80631 DEPARTMENT OF Building Inspections Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: thalsey@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO March 21, 2002 Mr Vincent Mack 44 JJ Kelly Road Lyons, CO 80540 Subject: VI-0200063, Lot A of RE-2349 Part of theN2SW4 of Section 3, T6N, R64W of the 6t° P.M., Weld County, Colorado Dear Mr Vincent Mack: It has come to the attention of the Department of Building Inspections that the uses on your property may not be in compliance with the Weld County Code. The potential noncompliance with the Weld County Code is your 1998 building permits are expired. Please contact me within ten days of the date of this letter to review these concerns with me or a thirty-day violation notice will be issued. 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. Sincerely, .51.L7 Trudy Halsey b Building Compliance Officer pc: VI-0200063 BC-9801100 Jeff Reif, Building Official Bruce Barker, County Attorney SERVICE.TEAMWORK,INTEGRITY,QUALITY 0 DEPARTMENT OF Building Inspection Code Compliance Division Website: WWW.CO.WELD.CO.U5 E-mail Address: thalsey@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING VIOLATION NOTICE May 3, 2002 Mr Vincent Mack 44 II Kelly Road Lyons, CO 80540 Subject: VI-0200063, Lot A of RE-2349 Part of theN2SW4 of Section 3, T6N, R64W of the 6"' P.M., Weld County, Colorado Dear Mr Vincent Mack: The uses on the above described property are being considered as a building code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Ordinance 119 states that all permits need to be finished with in 180 days. To bring your property into compliance with the Weld County Code: You must get finale permit inspections completed. 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 3, 2002, 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. Sincerely, c:. Trudy Halsey Building Compliance Officer (// pc: VI-0200063 BC-9801100 Wendi Inloes, Planning Technician Jeff Reif, Building Official Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTIONS OCode Compliance Division WWW.CO.WELD.CO.US COLOR RA TO• E-mail Address: thalsey@co.weld.co.us sLty1J 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100x3540 Fax (970) 304-6498 July 1, 2002 Mr Vincent Mack 44 JJ Kelly Road Lyons, CO 80540 Subject: VI-0200063, Lot A of RE-2349 Part of theN2SW4 of Section 3, T6N, R64W of the 6'h P.M., Weld County, Colorado Dear Mr Vincent Mack: The property referenced above remains in violation of the Weld County Building Code Ordinance. I have scheduled a meeting with the Board of County Commissioners on September 10, 2002, at 10:00 a.m., to consider the violations occurring on the property. As we discussed the above mentioned property is in violation of the following Section(s) of the Weld County Code: Section 29-3-50 "Existing use or occupancy" Section 29-8-40 "Expiration of permit" This meeting will take place in the County Commissioners'Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video from the road or adjacent properties a few days before the Violation Hearing (indicated above). 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 call me. Sincerely, Trudy Halsey Building Compliance Officer pc: VI-0200063 BC-9801100 Wendi Inloes, Planning Technician Jeff Reif, Building Official Bruce Barker, County Attorney SERVICE.TEAMWORK,INTEGRITY,QUALITY � � BUILDING PERMIT APPLIC"_TION WELD COUNTY BUILDING INSP 1ON ELECTRICA. NLY YES IN. NO 1400 NORTH 17TH AVENUE COLORADO�I�� GREELEY, CO 80631 970)353 61100 EXT. 3540 t/1j PLOT PLANS AND WARRANTY DEED REQUIRED FOR ALL STRUCTURES PROPERTY OWNER tJ 4.-EA-P.1" S. i' -¼ - PHONE C:)3` SNR - 9036 (e-ell) MAILING ADDRESS 4124 TJ- let'/4- RD kts7J rj O O 5'65 yO JOB SITE ADDRESS 35 ”'(9 b c-k 5 5 G' /I Gc) Soioa V LEGAL DESCRIPTION SEC. ,T N, R W DISTANCE FROM LOT LINES OR SUBDIVISION LOT BLOCK N S E W GENERAL CONTRACTOR MAILING ADDRESS ID# PHONE MECHANICAL CONTRACTOR MAILING ADDRESS ID# PHONE ELECTRICAL CONTRACTOR MAILING ADDRESS ID# PHONE PLUMBING CONTRACTOR MAILING ADDRESS ID# PHONE PURPOSE FOR PERMIT TIPE OF PROJECT TYPE OF CONSTRUCTION TYPE OF FOUNDATION ❑ NEW BUILDING ZILDWELLING ,')�W00D FRAME ,I3L BASEMENT ❑ ADDITION ❑ PRIVATE GARAGE 0 STRUCTURAL STEEL 0 FINISHED-SF: REMODEL 0 ATTACHED 0 DETACHED 0 MASONRY %UNFINISHED-SF: '90e" ❑ REPAIR/REPLACEMENT 0 SINGLE 0 2 CAR + 0 REINFORCED CONCRETE CRAWLSPACE ❑ ELECTRICAL ❑ PUBLIC GARAGE 0 BRICK VENEER 0 SLAB ❑ MOVE-IN RESIDENCE ❑ STORAGE SHED 0 POLE FRAME 0 CAISSONS Q OTHER 0 OTHER 0 OTHER 0 OTHER ! I HEIGHT OF BUILDING: '3! #OF STORIES: -.1__ # OF FIREPLACES MASONRY: _0-CLEARANCE: _GAS LOG: CARPORT SIZE: -X- PATIO: 1ST SIZE: _X_ 2ND SIZE:_X__._ COVERED: 0 YES 0 NO NUMBER OF BEDROOM c2 DECK: 1ST SIZE: X- 2ND SIZE:-X- COVERED: 0 YES 0 NO BATHROOMS FULL: _3/4:_1/2: - PLOT PLAN ON FILE: 0 YES 0 NO BLUEPRINT ON FILE:0 YES 0 NO '7TOTAL LAND AREA: Ac re s DRIVEWAY ACCESS: CKEXISTING 0 NEW--❑NORTH OSOUTH❑EAST OWEST ❑ SINGLE FAMILY 0 TWO OR MORE FAMILY 0 MOTEL/HOTEL #OF UNITS 0 OTHER TYPE OF 4❑PUBLIC-NAME:E: TYPE 0 PUBLIC-NAME:NAME: 0 NATF WATER: TYPE OF HEAT:. GAS-NAME: AMEC / ` P 6e "' ❑PRIVATE 0 PRIVATE CI PROPANE-NAME: IZE OF SVC: AMPS PERMIT #: PERMIT#: 0 ELECTRIC-NAME: CALCULATIONS: PERC.TEST DATE: 0 OTHER SQUARE FOOTAGE VALUE S %'�1k� BUILDING FEE $ g r Ci' J S 90 "NOT TO INCLUDE THE FOLLOWING ITEMS IN THE ABOVE PRICE'" MAIN LEVEL: �'`0 Si .O v 2ND LEVEL: ELECTRICAL COSTS S QFEE S C(FOUNDATION: CONSTRUCTION METER: YES 0 NO FEE S CRAWLSPACE: PLAN CHECK: 0 YES 0 NO FEE $ BSMNT FINISHED: OTHER : FEE S BSMNT UNFINISHED:GARAG OTHER:E RECEIPT# TOTAL FEES $ / r 1 0 p� More than one(1) residence on site? Yes No r PLEASE ADD ANY ADDITIONA41NN RMA ON THAT IS/NOT COXERED IN ABOV IPPLICATION// �/ �i w. (i L Tc'� /is ��'E. l4�� (7r st't'r T'1 Q Ni-he cut( f(rJ !4 4/Al'or-, j� Y G� 0 eaa/ , r•4 1�Prt av/ /f 7i° O.,7`�1��7�_(J/d/u) 5 L c✓r / he_ re .v✓, .(,/4 CJi(.�%` o �rs,fJ )AJ 7 Ott r'. he :'' i(.�t L,r� //�. - n c-- rcv,pl(l r,�tl/ e M ."nV !.-dome, T,, C: 't rec . fi c- r.vr .c� (,t? . O-7,-,/2/),- 4,, re,.....,,,-(A-1, fetd,-;r�.�.l_ t� ('ofitt h: $ t�'P( sr-e c ryh.‹: ii '- r"--1. s.!...,A .Arc / SIGNATURE OF APPLICANT 1�k <-. :12 i DATE I' -4-/•(1 91 ?rge5e c, dr leer el fk-r..1 s raj S I gi o z l4 - -►- C p. ED .....„6 4. — n , 3 � v-----" �1 LL �1 'p Paw,- Weld Co )ty Building Inspection - 'partment 1400 Nc. . h 17th Avenue, Greeley, .;O 80631 (970) 353-6100, Ext 3525 Fax: (970) 352-6312 Permit # : BC-9801108 Status: ISSUED Permit Type: Building Combo Permit Applied: 12/04/1998 Issued: 12/18/1998 Job Address: 35396 WCR 55 WEL Expires: 06/16/1999 Job Location: 35396 WCR 55 Job Descr: REMODEL OF EXISTING HOME TO INCLUDE REWIRING, Occ. Class: R-3 Construction Type: VN Zone Dist: AGRICULTURAL Parcel No: 0801 03 300030 Legal Desc: LOT A OF RE-2349 N2SW4 3-6-64 35396 WCR 55 1994 UBC Valuation: .00 APPLICANT MACK VINCENT Phone: 303-588-9036 44 JJ KELLY RD, LYONS, CO 80540 OWNER MACK VINCENT Phone: 303-588-9036 44 JJ KELLY RD, LYONS, CO 80540 Minimum Required Zoning Setbacks: N - 7 S - 7 E - 7 W - 50 Fee Summary Total Calculated Fee: 400.75 Additional Fees .00 Total Permit Fee 400.75 Total Payments 400.75 Balance Due . 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 gr,nted. The Building Official is authorized to order the immediate cessation of work at any time a violation of the adopted codes appears to have occurred. 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. Any 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. This permit shall expire by limitation and become null and void if the building or work authorized by this permit is not commenced within 180 days from the date this permit is issued, or if the building or work authorized by this permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can recommence a new permit shall be required and the charge shall be 1/2 the fee under the current Weld County Building Inspection Fee Schedule provided that such suspension or abandonment has not exceeded five (5) years. When suspension or abandonment has exceeded five (5) years, the permittee shall pay the full permit fee under the current fee schedule. Weld County is not liable for workmanship. Permits are not transferable. *************************************************************************** CONDITION ) Permit #BC-9801108 as of 12/18,,a Status: ISSUED *************************************************************************** Permit Type: Building Combo Permit Applied: 12/04/1998 Applicant: MACK VINCENT Issued: 12/18/1998 303-588-9036 To Expire: 06/16/1999 Job Address: 35396 WCR 55 WEL Location: 35396 WCR 55 Parcel No: 0801 03 300030 LOT A OF RE-2349 N2SW4 3-6-64 - Description: REMODEL OF EXISTING HOME TO INCLUDE REWIRING, REHEATING, REPLUMBING, REMOVAL OF LATH & PLASTER, CARPETS AND WINDOWS Conditions: 1. ESCAPE WINDOWS SHALL MEET CODE IF ROUGH OPENINGS ARE CHANGED. SEE DRAWING. 2. SMOKE DETECTORS SHALL BE ELECTRIC WITH BATTERY BACKUP.THEY SHALL BE INSTALLED IN HALLWAYS LEADING TO SLEEPING ROOOMS AND IN EACH SLEEPING ROOM. 3. L.P. APPLIANCES LOCATED IN THE BASEMENT OR IN THE CRAWLSPACE SHALL BE PROVIDED WITH GAS SENSORS, AN AUDIBLE ALARM, AND AN AUTOMATIC GAS SHUT-OFF VALVE. Location . S- • T- R- Parcel # _o S O. / 03 .aoc,a© 1,.) 2� ., ii k A sr it (�^' nom' ZONING ( R-1 R-2 R-3 13-4-R 5 Es .ate - Pup __ C-1 . C-2 C-3 C=4 I-1 1-2 1-3 Site Plan. Revue # • FLOOD PLAIN - Zone C or B D Zone A . Panel # 080266 _ _ _ FHDP # DESCRIPTION - ._ Permanent Home Mobile Home (not permanent) . \lz • _ In a mobile home park Other _ Principal dwelling - .ZPMH 031 k-trite- _ 1st Accessory to farm - COC _ • TI .Q — 2nd +. Accessory to farm - ZPMH ACRES - _ _ Greater than 80 _ Before zoning (Aug. 30, 1972) . . L�≤ ucec Recorded Exemption Lot a . RE= Date /12 a' (not for refinancing purposes) R Exemption SE-__ Date USR __ _ Approved Use _ __Suhd;vision" v;sion _-- . .:—• ---____ Lob-- . —. . ._.-_ Lob- NX--- F;link OWNER - On Computer _ • Warranty / Quit Claim Deed-_ • ADDRESS 55 el t,°L4C New __ Existing SEa'BACKS - Do not appla 805 Height" Center of Road_ Right of Ray..—. N- 7 Setback _ Offset_ From: Property line_ �g Sr- 77_ Setback'_ Offset I i From: Property•line_ Center of Road_ Right of Tay_ � Right of lfa E- - Setback _ Offset ._ From: Property tine_ Center of Road y_. Center of Roa ht of !fay— . If€20,______ Setback�� Offset _ From: Property line_. Right frond) (also tits) (rber s. ms tab.ph) (`t &-xit • (dale A^7) Hello