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Home My WebLink About20052212.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0500213 AGAINST GREG LUSE 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,Greg Luse,VI#0500213, 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,Greg Luse 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 Greg Luse 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. 2005-2212 PL0824 ((1 : /Z, WPC_� 041 Ofl-/q'-or VIOLATIONS - VI #0500213 - GREG LUSE 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 / WELD COUNTY, COLORADO 4q r� /�`7/�u"e( William H. Jerke, Chair r 1861sl- (:Weld�'Co. - lerk to the Board Vr,i EXCUSED - '4 M. ile, PP m ` kr`':uty Clerk to the Board D vid E. Long ) E7'F Robert D. Masden Aunty ttorney EXCUSED Glenn Vaad Date of signature: _912 • 2005-2212 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Greg Luse Violation: VI-0500213 Address: 23529 CR 35, LaSalle, CO 80645 Legal: Part of the SE4 of Section 2, T4N, R66W, Weld County, Colorado Location: West of and adjacent to County Road 35, % mile south of County Road 394 North: Town of Evans annexation South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1057-02-0-00-093 Acres: 18.96 Certified mail date: July 19, 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 a final approval issued on the permit for the structural steel garage/shop building. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action. CASE HISTORY August 22, 2003 10-day compliance letter issued. September 9, 2003 Phone call from Greg Luse, he has been unable to start this project. He will contact me by 09/19/03 as to whether he will start the building or wants to withdraw the permit. September 22, 2003 Phone call from owner, permit extended to 10/31/03. October 17, 2003 Permit amended to include electric. June 7, 2004 10-day compliance letter issued. May 18, 2005 10-day compliance letter issued. June 9, 2005 30-day violation letter issued. July 19, 2005 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. 2005-2212 \ ° p\(\? DEPARTME,.T 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 O Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 July 19, 2005 Greg Luse 23529 CR 35 LaSalle CO 80645 Subject: VI-0500213, Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Luse: 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 inspections shall be completed and the permit for the structural steel building shall have final approval. 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. Serf Peggy Gregory Building Compliance Officer pc: VI-0500213 BC-0100146 SERVICE,TEAMWORK, INTEGRITY,QUALITY • U.S. Postal Service,. o CERTIFIED MAIL,h, RECEIPT •0 (Domestic Mail Only;No Insurance Coverage Provided) nJ F•rdelivery inf rmati•n visit ur we•site at www.us s.c•m® lr3 Postage $ m O Certified Fee Postmark O Return Receipt Fee Here (Endorsement em Required) Er o rie Delivery Required) c0 -Ri (Endorsement tictedDRequired) 11J Total Postage&Fees ent 0 GREG LUSE ~ -Street Apt.No.; orPCaoxNo. 23529 CR 35 City,State,ZIP+4 LA SALLE CO 80645 PS Form 3800.June 2002 See Reverse for Instructions SENeE': C•M•LETS THIS SECTI•N C•M•LETE THIS SECTI•N•N •ELI VE•V ■ Complete items 1,2,and 3.Also complete A• Sign° i item 4 if Restricted Delivery is desired. , ■ Agent ■ Print your name and address on the reverse W.e_ - O Addressee so that we can return the card to you. ,8. ReceN • (Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, / • ` _ .��• �� or on the front.If space permits. - �OYom D. Is deli ver, different from item lT ❑yes 1. Article Addressed to: If YES,enter delivery address below: ❑No GREG LUSE 23529 CR 35 LA SALLE CO 80645 3. Service Type 0 Certified Mall O Express Mail ❑Registered O Return Receipt for Merchandise ❑ Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number 7004 2890 0003 5709 2684 (Transfer from service laben PS Form 3811,February 2004 Domestic Return Receipt to25aw2-M-154o DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street ip Greeley, CO 80631 pgregory@co.weld.co.us Wie Phone (970) 353-610, Ext. 3568 Fax (9770) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720)652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE June 9, 2005 Greg Luse 23529 CR 35 LaSalle CO 80645 Subject: VI-0500213, Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Luse: It has been determined that the property located at 23529 County Road 35 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 structural steel building 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 June 9, 2005, to correct this 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. ely, Pegg , egory�� Building Compliance Officer pc: BC-0100146 VI-0500213 a DEPARTMENT OF PLAN NING SERVICES Building Compliance Division NORTH OFFICE C ' 918 10th Street Greeley, CO 80631 Opgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 COLORADO Fax: (970) 304-6498 • SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 May 18, 2005 Greg Luse 23529 CR 35 LaSalle CO 80645 Subject: Permit#BC-0100146—Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Luse: It has come to the attention of the Department of Building Inspection that a permit for a structural steel garage/shop/barn at 23529 County Road 35 was issued on July 18, 2001. According to our records, this permit will expire on June 6, 2005, and all required inspections have not been completed. Section 29-8-40 of the Weld County Code states that: A. Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become null and void if the building or work authorized by such permit does not commence within one hundred eighty(180)days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty(180)days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half(1/2)the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded five (5)years. B. Any permittee holding an unexpired permit may apply for an extension of the time within which he or she may commence work under that permit when he or she is unable to commence work within the time required by this Article for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty(180)days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee as established by the Board of County Commissioners. • SERVICE,TEAMWORK,INTEGRITY,QUALITY rift 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 June 7, 2004 Greg Luse 23529 CR 35 LaSalle CO 80645 Subject: Permit# BC-0100146 - Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Luse: It has been 180 days since the last inspection on the above noted permit for a 1500 square foot structural steel building at 23529 County Road 35. This permit was issued on July 18,2001. According to our records, all required inspections are not yet completed. Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. To schedule inspections, please call our 24-hour request line at 1-800-234-2534 or 970-356-8016. Should you have any questions, I may be reached at 970-353-6100 Ext. 3568. Thank you for your cooperation to this matter. Sincerely, Peggy Gregory Building Compliance pc: BC-0100146 SERVICE,TEAMWORK,INTEGRITY,QUALITY • DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US W I C Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 E-mailO Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO August 22, 2003 Greg Luse 23529 CR 35 LaSalle CO 80645 Subject: Permit#BC-0100146 - Part of the SE4 of Section 2, T4N, R66W of the 6`h P.M., Weld County, Colorado Dear Mr. Luse: It has come to the attention of the Department of Building Inspection that a building permit for a 1500 square foot structural steel barn/shop at 23529 CR 35 was issued on July 18, 2001. 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. 3540. Thank you for your cooperation to this matter. Sincerely, Peggy Gregory Building Compliance pc: BC-0100146 SERVICE,TEAMWORK,INTEGRITY,QUALITY 533 111111111111111111!11111111111111111111 III 111111111IIII 2790533 00 04:29P JA Suki Tsukamoto 1 of 1 R 5.00 D 7.02 Weld County CO WARRANTY DEED THIS DEED, Made this 25th day of August, 2000 between William J. Schneider and Cheryl A. Schneider of the County of Weld and State of Colorado, grantor, and Greg Luse whose legal address is P. 0. Box 352, Berthoud, Colorado 80513 of the County of Weld and State of Colorado, grantees: WITNESSETH, That the grantor for and in consideration of the sum of SEVENTY THOUSAND TWO HUNDRED AND 00/100, ($70,200.00) Dollars, the receipt and sufficiency of which is .2, hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents ,\0/' does grant, bargain, sell, convey and confirm unto the grantee, hie 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: All that part of the SE1/4 of Section 2, Township 4 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, lying North of the Union Ditch. also known by street and number as TED Weld County Road 35, LaSalle, Colorado 80645 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 2000 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 p ion 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. � _a r W'diem .T' S hnneeiid`/er Chery A. Schneider STATE OF COLORADO } ) ss. The foregoing instrument was acknowledged before County of Weld ) me this 25th day of August, 2000 by William 7. Schneider and Cheryl A. Schneider Witness my hand and official seal. My commission expires August 9, 2003 .. Pus?; .. , `?.' C lo, I c o , oC phi O,.-i 0 ' S \ O• NOTARY PUBLIC e KE'�=N S 1113 Tenth Avenue No. 932A. Rey 7;-d'F�-�-V'� +�f Greeley, Colorado 80631 S;. .,.COQ.: "ItN�F..C2:_- Eypircs&42003 MyCommissein "j 1 1 �T1W('�� ( _ s J. E-.; ; ...{3 O i- W 1-�Ll CL. fj Ne N q O ;. _. m a4 ca = , z ;a DI = y _ v m F O m i E a it .^, � '. M.n X =o q N o . � � `}W Z O O O i � L9.VJ corn —to # , .n v .�^ C li J N.�. 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