HomeMy WebLinkAbout20022976.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST JASON BALL 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, Jason Ball, VI #0000255, 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 12th day of November, 2002, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Jason Ball 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 Jason Ball 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.
2002-2976
oo L PL0824
VIOLATIONS -VI #0000255 -JASON BALL
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of November, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: „� „ e ',4 , f�
^ 77 fJj G Vaad, hair eta
Weld County Clerk to O� �.� \ 9Jrm '
8df Davidg,•
Pro-Tem
BY:
Deputy Clerk to themey�r til Not eEt-
'fir. I . J. Geilee
APP_ ROVE&AS TO FQg EXCUSED
W' liam H. Jerke
Coirt(y A'ttorndy
Robert D. Masde
Date of signature: //ix
2002-2976
PL0824
Weld County Violation Summary
Building Compliance Officer, Trudy Halsey
BASIC INFORMATION
Property Owner Mr Jason Ball
Violation VI-0000255
Building permit BC-9600525 has yet to receive a Certificate of Occupancy
on a 1996 building permit for a 1150 sq. ft. single family dwelling unit.
Original permit was taken out July 21, 1995. Per Resolution of the Board
of County Commissioners, a new permit was required on November 26,
1997. That permit was taken on July 29, 1996. Since that time only four
inspections have occurred. With those four inspections, the home is less
than half way to completion.
Address 18069 WCR 92
Pierce, CO 80650
Legal Part of the SW4SW4 of Section 18, T8N, R65W of the 6th P.M., Weld
County, Colorado
Location Two miles north east of Pierce.
North: Agricultural/Residential
South: Agricultural/Residential
East: Agricultural/Residential
West: Agricultural/Residential
Parcel ID # 0551-18-0-00-003 Acres 30.0
Initial permit date July 29, 1996
Violation date July 7, 2000
Certified mail date August 26, 2002 Received
Currently, there is a violation of Chapter 29, Article VIII(8), Sections 29-8-40 of the Weld
County Code.
REMEDY
To bring the property into compliance the property owner shall complete the needed inspections
on the home to receive a Certificate of Occupancy. Those inspections include obtaining a new
septic permit to include needed inspections, rough heating, gas test, water service, final electric,
final heating, final approval and certificate of occupancy.
2002-2976
RECOMMENDATION
The Department of Planning Services recommends that this case be turned over to the County
Attorneys office for immediate action due to lack of cooperation from the property owner.
CASE HISTORY
July 29, 1996 Initial permit taken.
July 27, 1995 Initial inspection completed. Old inspections from previous permit added
to the new.
February 13, 1998 Last inspection.
August 22, 2000 Compliance letter from Joe Mendez.
September 28, 2000 Compliance letter from Bruce Barker.
August 2, 2001 Ten day compliance encouragement letter issued.
February 19, 2002 Second ten day compliance encouragement letter issued.
March 13, 2002 Violation letter issued.
August 26, 2002 Second violation letter issued.
October 16, 2002 Letter sent to property owner indicating that the violation case was
scheduled before the Board of County Commissioners.
November 8, 2002 Property inspected. Property still in violation.
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2796287 09/27/2000 10.2411 dA Mild Teukmolo
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QUIT CLAIM DEED
TIOS DEED is a conwymce from the individual(s),capontias:(s)or other entity(ies)named below as GRANTOR to the
individual(s)a entity(ies)named below as GRANTEE of whatever interest the GRANTOR may have in the real property
described below.
The GRANTOR hereby sells and quit dumb b the GRANTEE the real property described below with all its appmbma ten.
• The specific terms of this deed are:
Grantor. RICHARD J.BALL
18069 Weld County Road 92
Pierce,CO 80650
Grantee: JASON R.BALL,LLOYD J.BALL and JULIA S.BALL
18069 Weld County Road 92
Pierce,CO 80650
Fens of Co-Ownenhip: As Joint Tenants with rights of survivorship.
Property Description: Southwest Quarter af Southwest Quarter of Section 18,Township 8 North,Range 65 West of
6th PM,Weld Canty,Colorado,EXCEPT all instruments prtaising to Antelope Reservoir.
•
Property Address: 18069 Weld County Road 92,Pierce,Colorado 80650
Rnervatla-Batrictlona:
•
•
Executed by the Grantor an September '� 2000. Signature Clause of Indtvidaul(s):
Signature Clause for Corporation, arts rship a Association:
Name of Grants: Corporation,Partnership a Association �J 1
BY
Grantor
By
Otaus'
Attest:
Grantor
STATE OF COLORADO )
COUNTY OF WELD
The 8oregoiog ineumect was acknowledged before me this 2.7 day of September,2000 By RICHARD J.BALL
WITNESS my hand and official seal
—
My commission expires:021021/02
Olen Notary Public
. Address: th Street,Suite 350
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Owner NameJAddress
Account BALL JASON R t< * Legal •
, Description
80613986 17:: 18069 WELD CO RD 92 14675 SW4SW4 108 65 EXC OIi&M [9RES 1R]
PIERCE CO 80650
Year District SITUS: 18069.92 CR WELD,, • _` .
20020916
Apr Dist St - . ,u .;;.•`;'-:-_-;,::.---:,,-
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Parcel Number MH Space Sey
0551-18-0-00-003
Street No Dir Nolt Street Name Type b4 -
18069 92 CO —
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WELD Agricultural _
BACode Owner Id Owner Location Map No i., -
Business Name Version V. Date Time ID Appl• New Version`
+20020410000 110-APR-2002 +05.03 PM ISLM • IRWAM 120021104000
❑ Name ❑:Tax]toms❑ Proles TYPE ACTUAL ASSD . I ACRES- .SQ FT
❑ Situs ❑ Pre/Suc ❑ Mobile ❑ Personal U LAND 330 100 30.(!0;___,..........:.,, 0 „
El mobile IMPS 93.652 8.570 ?$ 1632 _
❑ Remarks ❑ Value, ❑ Oil and has
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❑ Condo'❑ 5pcMint❑ Control. ❑ Imaging r "`: ri:°
TOTAL ` '; ,;" 93:$62 8.6701
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Enter number from shipping receipt:
You entered 7000 0520 0025 0405 0220 I i
We attempted to deliver your item at 10:37 am on October 17, 2002 in
PIERCE, CO 80650 and a notice was left. It can be redelivered or picked up
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I DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
O WWW.CO.WELD.CO.US
E-mail Address: thalsey@co.weld.co.us
COLORADO 1555 N. 17th Avenue, Greeley, CO 80631
Phone (970) 353-6100x3540
Fax (970) 304-6498
October 16, 2002
Mr Jason Ball
18069 WCR 92
Pierce, CO 80650
Subject: VI-0000255, Part of the SW4SW4 of Section 18, TON, R65W of the 6`h P.M., Weld County,
Colorado
Dear Mr Jason Ball:
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 November 12, 2002, at 10:00 a.m., to
consider the violations occurring on the property. As discussed with our department 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 29-840 "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 Planning Services 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-0000255
BC-9600525
Wendi Inloes, Planning Technician
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
(71c(ftelr,
DEPARTMENT OF Building Inspection
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
WELD COUNTY
BUILDING VIOLATION NOTICE
August 26, 2002
Mr Jason Ball
18069 WCR 92
Pierce, CO 80650
Subject: VI-0000255, Part of the SW4SW4 of Section 18, T8N, R65W of the 6`h P.M., Weld County,
Colorado
r
Dear Mr Jason Ball:
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 , November
5,2002,to correct this zoning 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,
t
Trudy Halsey
Building Compliance Officer
pc: VI-0000255
BC-9600525
Jeff Reif, Building Official
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
4:4;11;its
DEPARTMENT OF Building Inspection
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
W IO Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
WELD COUNTY
BUILDING VIOLATION NOTICE
March 13, 2002
Mr Jason Ball
18069 WCR 92
Pierce, CO 80650
Subject: VI-0000255, Part of the SW4SW4 of Section 18, TBN, R65W of the 6th P.M., Weld County,
Colorado
P
Dear Mr Jason Ball:
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 , November
5,2002,to correct this zoning 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,
Trudy Halsey /
Building Compliance Officer ((
pc: VI-0000255
BC-9600525
Jeff Reif, Building Official
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
cit(07-1‘. ,
DEPARTMENT OF Building Inspections
Code Compliance Division
' Website: WWW.CO.WELD.CO.US
WI pC E-mail5N.
Address: te, Greeley,
wO 80631
O 1555 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
• Fax: (970) 304-6498
COLORADO
August 2, 2001
Mr Jason Ball
18069 WCR 92
Pierce, CO 80650
Subject: VI-0000255, Part of the SW4SW4 of Section 18, T8N, R65W of the 6`" P.M., Weld County,
Colorado
Dear Mr Jason Ball:
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
building permit from 1996 has not been finaled .
Please contact me within ten working 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 meat 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/ 1
Trudy Halsey
Building Compliance Officer
pc:VI-0000255
Jeff Reif, Building Official
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
rs ct‘e--*******::.
WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 356-4000, EXT. 4391
PHONE (970) 336-7235
FAX: (970) 352-0242
915 TENTH STREET
Wi
lDe
P.O. BOX 1948 GREELEY, COLORADO 80632
COLORADO September 28, 2000
Jason R. Ball
18069 WCR 92
Pierce,CO 80650
Re: Violation Number: VI-0000255; Final Approval
on BC-96000525
Dear Mr.Ball:
It has come to my attention you have failed to obtain required inspections of your 1150 square foot
dwelling unit added to an existing garage for which you obtained building permit#BC-96000525. The
dwelling unit is located at 18069 WCR 92, Pierce, Colorado. The building permit was issued on July 29,
1996. Section 83 of the Weld County Building Code Ordinance requires all building permit inspections
to be completed within 180 days of the date of issuance of the permit. Enclosed is a copy of a letter sent
to you by Mr. Joe Mendez,Building Compliance Officer for Weld County on August 22, 2000. As you
can see, the needed inspections are for "Foundation. Gas Test Septic. Water Service. Final Plumbing.,
Final Electric &Final Approval." Mr. Mendez reports that you have not scheduled any of these
inspections. You also never applied for an extension of the permit. Therefore, he has issued the above
stated violation number and has asked me to advise you of the seriousness of your violation.
Please be advised that Section 92.1.1 of the Ordinance makes your violation a misdemeanor which, upon
conviction thereof, is punishable by a fine of$100 or by imprisonment in the County Jail for up to 10
days. Additionally,the Board of County Commissioners may authorize me to bring a civil legal action
against you to enjoin you from occupying the dwelling unit.
Although your building permit technically has expired, Mr. Mendez's letter gave you the opportunity to
call for the required inspections. I am sure Mr.Mendez will work with you if you need a little more time
to complete the work prior to the inspections. I therefore strongly recommend you contact Mr. Mendez
or his supervisor,David Sprague, immediately to discuss this matter. They may be reached at(970) 356-
8016 or 1-800-234-2534.
Si-ea-re-1y,
_
Bruc T Krker
Weld County Attorney
Enc.
pc: Joe Mendez
David Sprague
Monica Mika
DEPAR": ENT OF BUILDING INSPECTION
(<1
a 1555 N. 17TH AVENUE
GREELEY, COLORADO 80631
N WEBSITE: www.co.weld.co.us
EXT. o.us
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
jmendez@co.weld.co.us
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
August 22, 2000 Violation Number : VI-0000255
Jason R Ball
18069 WCR 92
Pierce, CO 80650
Re: Final Approval on BC-9600525
Parcel: 0551-18-000003
Legal Description: 14675 SW4SW4 18-8-65 EXC OG&M (9RES 1R)
Dear Mr. Ball:
The building official has determined that the property located at 18069 WCR 92 is in violation of Section
83 of the Weld County Building Ordinance, which requires all inspections to be inspected within 180
days from the date of issue or within 180 days from the last approved inspection. A final approval must
be completed within 180 days after the permit is issued. At this time, we kindly ask that you call in for
the final inspections if the work is completed on the 1150sf dwelling unit added to existing garage.
It is not necessary for you to contact me personally to schedule the inspection(s) when ready. Our 24
hour inspection request line number is 356-8016 or 1-800-234-2534 if the phone number is long distance.
If you call before 4:00 P. M., you may schedule the inspection(s) for the next working day. Please make
reference to your name, building permit number and the inspection(s) desired. Inspections needed are
Foundation. Gas Test. Septic. Water Service,Final Plumbing,Final Electric & 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 by September 21, 2000,
it will be scheduled for a hearing before the Board of County Commissioners to consider whether to refer
this violation to the County Attorney's office for legal action.
Any information you have that may help to resolve this matter will be helpful. This office is ready to be
of any assistance in clarifying or answering questions concerning this matter. Please call or write the
Department of Building Inspection's office.
Sincerely,
Joe J.Mendez
Building Compliance Officer
SERVICE.TEAMWORK.INTEGRITY,QUALITY
je'er's'''. WELD COUNTY HEALTH DEPARTMENT
,/1 1517 16TH AVENUE COURT, GREELEY, CO 80631
(970) 353-0635 EXT 2225 FAX (970) 356-4966
Permit # : SP-9600358 Sec/Twn/Rng: PERMIT
Permit Type : RNEW C=commercial, Rrresidential + NEW, REPair, VauLT
�p cocoas I@
Applied: 06/27/1996
Parcel No: 0551 166 Expires: 06/22/1997
Location: 18069 WCR 92 PIERCE 18-08-65
Legal Desc:
APPLICANT BALL RICHARD Phone : (970) 834-2685
18069 WCR 92, PIERCE CO 80650
OWNER BALL RICHARD Phone : (970) 83412685
18069 WCR 92 , PIERCE CO 80650
Description: HOUSE
Commercial (Y/N) : N Residential (Y/N) : Y Acres : 40 . 00
Number of Persons : 1 Basement Plumbing (Y/N) : N
Number of Bedrooms : 2 Bathrooms-> Full : 2 3/4 : 1/2 :
Water Public (Y/N) : Utility Name :
Water Private (Y/N) : Y Cistern (Y/N) : Well (Y/N) : Y
Water Permit No:
Percolation Rate : 5').0 Limiting Zone : 3 ft /Q in Desc : I()p(&&A,Qd, ei/,, ,
Ground Slope :' Dir: _ Soil Suitable (Y/N) :.0() d
Engineer Design Req'd (Y/N) : y In 100 Yr Flood Plain (Y/N) : 00
From the application information supplied end the on-site soil percolation data the following minimum installation specifications
arm required:
Septic Tank: 6 gallons, Absorption Trench � sq. ft .
or ,
Absorption Bed qv sq. ft .
In addition, this permit is subject to the following additional yterms� and
conditions: 'J5N(,((,4- CC rW v- � 4. c ftLc,Q, C )_J A(( 4' -41121 A-U
u'
NOTICE
This permit is granted temporarily to allow construction to commence. This permit may be revoked or suspended by the Weld County
Health Department for reasons set forth in the Weld County individual sewage disposal system regulations including failure to meet
any term or condition imposed thereon during temporary or final approval. The issuance of this permit does not constitute
assumption by the department or its employees of liability for the failure or inadequacy of the sewage disposal system.
This permit is not transferable. Before issuing final approval of this permit the Weld County Health Department reserves the right
to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval is
contingent upon the final inspection of the completed system by the Weld County Health Department.
•
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Account Maintenance
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fl061398. 1;
Year District BALL JASON R.L{ F 14675.5 45 4 18 0 65 EXC 0G&M `n:
2000 0916 18069 WELD allRD 92 (9HES.18) ,0
PIERCE CO 60650 7-7
coweld St
Parcel Number IMH Space See
055118000003
Street No ''l PillJ Neff I Street Name Type Versions Y Data Time 1D + G Apr
200004'10000 10-APfl 2404 02:20 PM 404./4RW
Location City 7 Iacebon ZiplAcct Type Lagt Land Actual Land;Assessedi Land SF Acres`k
Agricultural ,: ..k 329 100, D r't 30.1
BACode IOwner Id I Owner Location IMap No lmptv:Actual, Imp Assessed` qu
Sare Feet
y36'52 8120 ;
Business Name 'Exmpt Actual Exempt Assess New Yer:pn zn
+ P D 201I000224,OQ
]Name ;' ]Tax itemsC Protest Qj_ f otal u98� Tetal Asi. ter 72U
ISdus �x PreiSua 11 MobileA7 i Personal p
Mobile ]Remarks 5 Yalu r]Tract' -J Tax.Sale Wr" Current Year Prior:Version' o Te Imagin...i
Condo ,1 3 SpecAs` SteteAsd=
- ` Prior Yaar"' Nej&$Yersipn r Abatement fr
Brock ]Mmgs IControl
,, 7� _ Neil Rear Clerk's Duc_i Praperty�Card,
I Sales I Sibling : I Hligoyry F _
Mrsc(M] ]Flags: x Flpdete Clear �I Exit
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wok E
COLORADO Data Sheet S
VIOLATION: VI-0000255 STATUS: ISSUED
DESCRIPTION: NEED FINAL APPROVAL ON BC-9600525
BASE INFORMATION:
PARCEL NUMBER: 0551-18-0-00-003
LEGAL DESCRIPTION: 14675 SW4SW4 18 8 65 EXC OG&M (9RES 1R)
PEOPLE: APPLICANT BALL JASON R 08/22/2000
18069 WCR 92
PIERCE
CO 80650
LOCATION: 18069 WCR 92
APP TYPE: BCV CLASS CODE: VI-33 ZONING DIST:
AG
COMMENTS:
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