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HomeMy WebLinkAbout20052210.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0400219 AGAINST VICTORINO LAGUNAS 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, Victorino Lagunas, VI #0400219, 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 9th day of August, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Victorino Lagunas 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 Victorino Lagunas 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. 2005-2210 PL0824 ('C . PG V( d4, CAA VIOLATIONS - VI #0400219 - VICTORINO LACUNAS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 2005. BOARD OF COUNTY COMMISSIONERS E La WELD/COUNTY, COLORADO 1861 F� `_ : �� William FL Jerk, Chair eld County Clerk to the Board EXCUSED (TW'' M. eile, Pro-Tem eputy Clerk to the Board David E. Long AP OVED AS T M: Robert D. Masden oui torney EXCUSED Glenn Vaad Date of signature: _�t__ 2005-2210 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Victorino O. Lagunas Violation: VI-0400219 Address: 15128 Nancy Avenue, Fort Lupton, CO 80621 Legal: Lot 3, Block 19, Aristocrat Ranchettes, Weld County, Colorado Location: North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1309-27-2-14-008 Acres: 2.0 Certified mail date: July 20, 2005 Received: July 25, 2005 Currently the property is in violation of: Chapter 29, Article VIII, Section 29-8-40 REMEDY To bring the property into compliance, all inspections shall be completed and the permit for the detached garage shall have final approval or the entire incomplete structure shall be removed. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as Mr. Lagunas stated the structure was gone and requested the permit be withdrawn; however, the frame work is still existing. CASE HISTORY July 6, 2004 10-day compliance letter issued. July 22, 2004 30-day violation letter issued. September 28, 2004 10-day letter to schedule inspections. October 13, 2004 Letter from property owner stating he is not going to building the garage at this time. October 20, 2004 Letter advising property owner that the incomplete structure is on the property and the structure shall be completed or demolished. February 15, 2005 30-day violation letter issued. July 20, 2005 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. 2005-2210 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE ‘‘St 918 10th Street I Greeley, CO 80631 pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 pe Fax: (970)304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720)652-4211 July 20, 2005 Victorino Lagunas 15128 Nancy AV Fort Lupton CO 80621 Subject: VI-0400219, Part of Lot 3, Block 19, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Lagunas: The property referenced above remains in violation of Chapter 29 of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on August 9, 2005, 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 necessary inspections shall be completed and the permit for the detached garage shall have final approval or the entire incomplete structure shall be removed. 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. Si ely, Zit tr- Peggy Gregory Building Compliance Officer pc: VI-0400219 BCS-020376 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal Service,. a CERTIFIED MAIL,. RECEIPT f~i.l (Domestic Mail Only;No Insurance Coverage Provided) ErF•r•elivery im•rmati•n visit•ur we•site at www.us•sc•m,� O jv k 9 Ln fTl Postage $ Certified Fee O Return Receipt Fee Postmark (Endorsement Required) Here Restricted(Endorsement Delivery Required) ru - (End r Dt Regyire e ru Total Postage&Fees $ ent o M1 Stieei eterlaa- ✓Q44.2+S APr. or PO box No.. /SAP y� C�•-y` City,State,ZIP+4 __ . , SENSE': Ce M'LETE THIS SECTI•N a•M•LE7E THIS SEC71•N eN'ELIVE•V • Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse X argadressea so that we can return the card to you. _ B. Received by(Printed • Attach this card to the back of the mailpiece, Name) C. o D. : f�uvery or on the front if space permits. `l 1, Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter delivery address below: 0 No VICTORINO LACUNAS 15128 NANCY AV FORT LUPTON CO 80621 3. Service Type T1 certified Mal ❑Express Mail 0 Registered 0 Retum Receipt for Merchandise ❑Insured Mail ❑C,O,D. 4. Restricted Delivery?(Extra Fee) a Yes 2. Article Number 7004 2890 0003 5709 2714 (Transf er from service k PS Form 3811,February 2004 Domestic Retum Receipt touasm-M-f590 a -;;; DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US I E-mail Address: pgregory@co.weld.co.us I pe918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE February 15, 2005 Victorino Lagunas 15128 Nancy AV Fort Lupton CO 80621 Subject: VI-0400219, Part of Lot 3, Block 19, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Lagunas: It has been determined that the property located at 15128 Nancy Avenue 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 necessary inspections shall be completed and the permit for the detached garage shall have final approval or the entire incomplete structure shall be removed. 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 February 15, 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. 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. Sly, ref- /d17 Peggy Gregory Building Compliance Officer pc: BCS-020376 VI-0400219 etDEPARTMENT OF BUILDING INSPECTION ♦♦♦ Website: WWW.CO.WELD.CO.US I E-mail Address: pgregory@co.weld.co.us C 918 10th Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO October 20, 2004 Victorino Lagunas 15128 Nancy Av Ft Lupton, CO 80621 Subject: Permit# BCS-020376—Part of Lot 3 Block 19, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Lagunas: I am in receipt of your letter regarding the building permit for a wood frame detached garage at 15128 Nancy Avenue which was issued on July 1,2002. You stated you are unable to build the garage at this time;however there is an incomplete structure on the property. It will be necessary to either complete the structure under the existing building permit or entirely remove the existing framing materials from the property. 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. Sincerely, �� ek� 17-1 Peggy Gregory Building Compliance pc: BCS-020376 VI-0400219 • SERVICE,TEAMWORK,INTEGRITY,QUALITY -0o/ ,7„ CL.cc aid C( 4\A 1' `- 4rar, --- rack a ho Q 1, COQ ►�v� c CI-A- 0 Q &or oc13s- q-1 DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us C 918 10th Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO September 28, 2004 Victorino Lagunas 15128 Nancy Av Ft Lupton, CO 80621 Subject: Permit# BCS-020376 — Part of Lot 3 Block 1e Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Lagunas: I have previously contacted you regarding the above noted permit for a wood frame detached garage at 15128 Nancy Avenue which was issued on July 1, 2002. Normally, at this point, a meeting is scheduled with the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. I would like to avoid that, if possible, and ask that you schedule an inspection within 10 days from the date of this letter. Failure to do so will result in a notice to appear before the Board. 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. erely, / 7W S Peggy Gregory Building Compliance pc: BCS-020376 VI-0400219 SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US ' E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 O Fax: (970) 304-6498 • COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE July 22, 2004 Victorino Lagunas 15128 Nancy AV Fort Lupton CO 80621 Subject: VI-0400219, Lot 3, Block 11, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Lagunas: It has been determined that the property located at 15128 Nancy Avenue is currently in violation of the following Section(s) 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 necessary 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 July 22, 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. Sincerely, I r / 0 Gregory Peggy Gregory Building Compliance Officer pc: BCS-020376 VI-0400219 . DEPARTMENT OF BUILDING INSPECTION Website: WWW:CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 _ Fax: (970) 304-6498 COLORADO July 6, 2004 Victorino Lagunas 15128 Nancy Av Ft Lupton, CO 80621 Subject: Permit# BCS-020376— Part of Lot 3 Block 1f Aristocrat Ranchettes, Weld County, Colorado Dear Mr. Lagunas: It has come to the attention of the Department of Building Inspection that a permit for a wood frame detached garage at 15128 Nancy Av was issued on July 1, 2002. According to our records, all required inspections have not been completed. Failure to schedule inspections within 10 days from the date of this letter will result in a violation 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. Sincerely, AAp re CPIC ft y„ Peggy Gregory (� Building Compliance pc: BCS-020376 w SERVICE,TEAMWORK,INTEGRITY,QUALITY * • 5)0 WARRANTY DEED THIS DEED, fade on May 11, 1998 have= Revd K. Bruntz of the County of Weld and Slate of Colorado grantor,and Victorino 0. Laguna' whose legal address is 12672 WCD #209 Brighton, 00 80601 of the County of Weld and State of Colorado ,grantee: WITNESSETH,That the grantor,for and in consideration of the sum of ($20,000.00 Twenty thousand dollars and no cents DOTI sus, 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 end Stetted- Colorado described as follows: Lot 3, Block 19, Aristocrat Ranchettes Inc. Subdivision, County of Weld, State of Colorado. as known by street and number as: Nancy Street Fort Lupton, CO 80621 TOGETHER with all and singular the hereditament and appurtenances thereunto belonging,or in anywise appertaining and the reversion and reversions,remainder and remainders,rents,lasses and profits tined,and all the ante,right,title,interest,claim and demand whatsoever of the grantor,either in law or equity,of,in and so the above bargained premises,with the hereditament&and appurtenances. TO HAVE AND TO HOLD the said premise'above bargained and described,with the appurtenances,unto the grantees,his heirs and assigns forever. And the grantor,for himself,his hears,and personal representatives,does covenant,grant,bargain,and agree to and with the grantee, his heirs and assigns,that at she time of the mauling and delivery of these presents,he is well seized other premises above conveyed,has good, sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and had good right,Mil power and lawful authority to grant, bargain,sell and convey the same in manner and form aforesaid,and that the same are free and clear from all former and other grams,bargains, sales,liens,taxes,assessments,encumbrances and restriction of whatever kind or nature'mover,except taxes for the current year and subsequent years, and except easements, restrictions, reservations, right of way and covenants of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premise"in the quiet and peaceable possession of the grantee,his heirs and assigns,against all and every person or persona lawNlly 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. et Reva K. Bruntz 1111111 11111 111111 111111 01 1111111 11111 III 11111 IIII IIII STATE OF Colorado 2614520 05/22/1998 10:32A Weld County CO 1 of 1 R 6.00 D 2.00 JP Sukl Tsukaneto } SS. County of Adams The foregoing instrument was acknowledged before me this 11th day of May )998 bYReva K. 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