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HomeMy WebLinkAbout20022227.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CHARLEY AND RENEE OTTINGER 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, Charley and Renee Ottinger, VI #0200075, 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 13th day of August, 2002, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Charley and Renee Ottinger 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 November 13, 2002, to allow adequate time for the property owners to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0200075 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Charley and Renee Ottinger 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 13, 2002, to allow adequate time for the property owners to bring the subject property into compliance. 2002-2227 (j0 ; Pt, U/cC1 (4 PL0824 VIOLATIONS - VI #0200075 - CHARLEY AND RENEE OTTINGER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of August, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, OL DO ATTEST: aiggid E f j, Glenn Vaad, Chair- wl►Y Weld County Clerk to the �� f rye �( 01 XCUSED DATE OF SIGNING (AYE) avid E. ng, Pro-Tem BY: Deputy Clerk to the Bo N 1 D j M. J. Geile APP AS f M: William H. Jerke unty Atto e EXCUSED Robert D. Masden �Date of signature: (8 2002-2227 PL0824 DATE: August 8, 2002 VIOLATION NUMBER: VI-0200075 NAME: Mr Si Mrs Charley Ottinger ADDRESS: 37276 WCR 45 ZONE DISTRICT: Agricultural LEGAL DESCRIPTION: Part of the SW24of Section 26, T7N, R65W, of the 6th P.M., Weld County, Colorado Parcel: 0709-26-0-00-028 CASE SUMMARY January 12, 1999 Initial permit date. None First inspection date. None Last inspection date. March 28, 2002 Ten day compliance encouragement letter sent. April 16, 2002 Violation letter issued. June 13, 2002 Letters sent by certified and regular mail, to the property owner indicating that the violation case was scheduled before the Board of County Commissioners. August 7, 2002 Property inspected. Property still in violation. Currently,there is a violation of Chapter 29,Article VIII(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: flues and vents, rough-in electric, rough heating, framing, firewall, final electric, final heating, 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. 2002-2227 rat ce ' DEPARTMENT OF BUILDING INSPECTIONS C Code Compliance Division O WWW.CO.WELD.CO.US E-mail Address: thalsey@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100x3540 Fax (970) 304-6498 June 13, 2002 Mr Charley Ottinger 37276 WCR 45 Eaton, CO 80615 Subject: VI-0200075, Part of the SW4 of Section 26, T7N, R65W of the 6'" P.M., Weld County, Colorado Dear Mr Charley Ottinger: 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 August 13, 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 29-9-40 "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-0200075 BC-9900024 \Vendi Inloes, Planning Technician Jeff Reif, Building Official Bruce Barker, County Attorney SERVICE,TEAMWORK.INTEGRITY.QUALITY DEPARTMENT OF Building Inspection Code Compliance Division Website: WWW.CO.WELD.CO.US "lige E-mail Address: thalsey@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING VIOLATION NOTICE April 16, 2002 Mr Charley Ottinger 37276 WCR 45 Eaton, CO 80615 Subject: VI-0200075, Part of the SW4 of Section 26, T7N, R65W of the 6"' P.M., Weld County, Colorado Dear Mr Charley Ottinger: 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 , April 16, 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 ` t w`\ Lk Trudy Halsey �� Building Compliance Officer pc: VI-0200075 BC-9900024 Wendi Inloes, Planning Technician Jeff Reif, Building Official Bruce Barker, County Attorney SERVICE,TEAMWORK.INTEGRITY,QUALITY (ikftety DEPARTMENT OF Building Inspections Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: thalsey@co.weld.co.us O555 N.WI 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6153-61 00, Ext. 3540 Fax: (970) 304-6498 COLORADO March 28, 2002 Mr Charley Ottinger 37276 WCR 45 Eaton, CO 80615 Subject: VI-0200075, Part of the SW4 of Section 26, T7N, R65W of the 6th P.M., Weld County, Colorado Dear Mr Charley Ottinger: 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 1999 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, Trudy Halsey Building Compliance Officer pc: VI-0200075 BC-9900024 Jeff Reif, Building Official Bruce Barker, County Attorney • SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTION (.1a Phone (970) 353-6100, Ext. 3540 Fax (970) 352-6312 Weld County Administrative Offices 1400 N. 17th Avenue Greeley, Colorado 80631 COLORADO March 24, 1999 Charles and Renee Ottinger 37276 WCR 45 Eaton, CO 80615 Violation Number: VI-9800063 Legal Description: Part of the SW4 of Section 26, T7N, R65W of the 6th P.M., Weld County, Colorado. Dear Ottingers, The Weld County Building Inspection Department has closed the building code violation on your property. There are two remaining items to be corrected on BP44841: Completion of the occupancy separation between the garage and house and the installation of the handrail. Both these corrections will be transferred to BC-9900024 and permit BP44841 will be finaled. Permit BC-9900024 will need to be finaled within six months, September 24, 1999. If you were also issued a zoning violation, you must comply with all Zoning Ordinance regulations before the violation case can be closed. If you have any questions regarding a zoning violation, please call Sharyn Frazier, Zoning Compliance Officer at 353-6100 Extension 3540. Thank you for your cooperation in this matter. Sincerely, Dav Building Official i I 08-08-2002 Inspection Request Reporting Page 5 4:03 pm Weld County-Co Requested Inspect Date: Friday,August 09, 2002 Inspection Area: 84E4 Site Address: <None Listed 37276 WCR 45 A/P/D Information Activity BC-9900024 Type: BLDGCOMB Sub Type: SALT Status: ISSUED Const Type Occupancy: Use: B Insp Area: B4E4 Parcel 0709-26-0-00-028 Applicant OTTINGER CHARLEY Phone: 454-1529 Owner OTTINGER CHARLEY Phone: 454-1529 Description FINISH DECK AND LOFT AREA OF HOUSE TO FINAL BP44841 PER DAVE SPRAGE- FEES PAID Reauested Inspection(sl Item: 117 FRAMING Requested Time: 08:00 AM Requestor: Phone: Comment • .7,, Assigned To Entered By: FCOUNTER K Action: Time Exp: Inspection History Item: 126 FINAL ELECTRIC 05/28/02 Inspector: JOHN Action: CO Correction Required Comments: I WAS HERE AT 2:15 PM FOR INSPECTIONS CALL FOR ANOTHER INSPECTION WHEN YOU WILL BE HOME. 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' ( i ik ik t IZI 1 t1i O •c rikl3! 8 i nil !(( ill i Ili p , ti. m ow N ri!l { Ifl�{1 itil )�' � "I{k I t U i63 I if jf{�4 3II�kiz, U I iI a 3 ! i 4 m O:I 11 iii 3 { f e ii I O i.1/ �' ,+4 f (� i `�' f ryt1i,14ii { II1�I I'1 '1 8 IJit_ BUILDING PERMIT APPLICATION "�1 ibvk1/4 Ai WELD COUNTY BUILDING INSPE )N I ELECTRICAL NLY YES _ NO 1400 Wi COW , CO 80631 970)3 ne 53-61100 EXT. 3540NRTH 17TH RADO PLOT PLANS AND WARRANTY DEED REQUIRED FOR ALL STRUCTURES PROPERTY OWNER t..n avIey (r).711 7 fv ,, .p✓ PHONE `/ 7G -yS'9-_ /S2 / MAILING ADDRESS •-‘ / 2 7(v ait k tfS" E �ryl .- f�j e 1 ts— JOB SITE ADDRESS S," iri 1 LEGAL DESCRIPTION SEC. ,T N, R W I DISTANCE FROM LOT LINES OR SUBDIVISION LOT BLOCK N S E W GENERAL n CONTRACTOR MAILING ADDRESS ID# PHONE SAW? r MECHANI AL CONTRACTOR MAILING ADDRESS ID# PHONE ELECTRI AL CONTRACTOR MAILING ADDRESS ID# PHONE PLUMBI G CONTRACTOR MAILING ADDRESS ID# PHONE PURPOSE FOR PERMIT TYPE OF PROJECT TYPE OF CONSTRUCTION TYPE OF FOUNDATION ❑ NEW BUILDING 0 DWELLING 0 WOOD FRAME 0 BASEMENT ❑ ADDITION 0 PRIVATE GARAGE 0 STRUCTURAL STEEL 0 FINISHED-SF: ❑ REMODEL 0 ATTACHED 0 DETACHED 0 MASONRY 0 UNFINISHED-SF: ❑ REPAIR/REPLACEMENT 0 SINGLE 0 2 CAR + 0 REINFORCED CONCRETE 0 CRAWLSPACE ❑ ELECTRICAL 0 PUBLIC GARAGE 0 BRICK VENEER 0 SLAB ❑ MOVE-IN RESIDENCE 0 STORAGE SHED ❑ POLE FRAME 0 CAISSONS ❑ OTHER 0 OTHER 0 OTHER 0 OTHER HEIGHT OF BUILDING: # OF STORIES: #OF FIREPLACES MASONRY: _O-CLEARANCE: -GAS LOG:CARPORT SIZE: -X_ PATIO: 1ST SIZE: _J(_ 2ND SIZE:-X_ COVERED: ❑ YES 0 NO NUMBER OF BEDROOMS: DECK: 1ST SIZE: _C_ 2ND SIZE:_X_ COVERED: ❑ YES 0 NO BATHROOMS FULL: -3/4: _1/2: - PLOT PLAN ON FILE: ❑YES 0 NO BLUEPRINT ON FILE: ❑YES 0 NO TOTAL LAND AREA: DRIVEWAY ACCESS: 0 EXISTING 0 NEW-❑NORTH OSOUTH MAST OWEST 31:SINGLE FAMILY 0 TWO OR MORE FAMILY 0 MOTEL/HOTEL # OF UNITS 0 OTHER TYPE OF SEWAGE: TYPE OF WATER: TYPE OF HEAT: ELECTRICAL SERVICE: 7 PUBLIC-NAME: 0 PUBLIC-NAME: ❑ NAT. GAS-NAME: 0 NAME: D PRIVATE 0 PRIVATE 0 PROPANE-NAME: SIZE OF SVC:_ AMPS PERMIT #: PERMIT #: 0 ELECTRIC-NAME: CALCULATIONS:PERC. TEST DATE: 0 OTHER SQUARE FOOTAGE VALUE $ BUILDING FEE $ 7, 0 • **NOT TO INCLUDE THE FOLLOWING ITEMS/N THE ABOVE PRICE" v1AIN LEVEL: ?ND LEVEL: ELECTRICAL COSTS $ FEE S =OUNDATION: CONSTRUCTION METER: ❑YES 0 NO FEE $ :RAWLSPACE: PLAN CHECK: ❑YES 0 NO FEE $ 3SMNT FINISHED: OTHER : FEE S. 3SMNT UNFINISHED: Laa��� GARAGE: ��` I"- 1/72799 )THER: RECEIPT # TOTAL FEES 5 Wore than one(1) residence on site? Yes No • Ly INCLUDE A BREIF DESCRIPTION OF THE WORK BEING DONE LISTING,THE INTENDED USE �.. ,6 r �� rD I- 4/=( Kq/1 L�-e'nl- �' i., �-rT 4RL4 .vl 1IGNATURE OF APPLICANT (�/1�,/�> �.---lf- .4- DATE /`!`Z- /l BUILDING PERMIT FILE FLOW SHEET DATE: COMMENT/ACTION SIGNATURE: Lty\TAS LP ij3DAC..- (yy gp d-Gr La ay\ Be- - 61-5-D2--4-1 cc..ut_y_L/..E__ a; .�{ d 's'�I:f 43 Air Aqi fr i Is ki t I It ; ' w ''' k,Y ei( '5 r nie,t��� �t i _ ;. 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