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Home My WebLink About20052683.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0400363 AGAINST JAMES AND DIANNE HOFMEISTER 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, James and Dianne Hofmeister, VI #0400363, 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 September, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS,James and Dianne Hofmeister 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 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 James and Dianne Hofmeister 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. 2005-2683 P� PL0824 CO dG -0-I os' VIOLATIONS -VI #0400363 - JAMES AND DIANNE HOFMEISTER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of September, A.D., 2005. BOARD OF COUNTY COMMISSIONERS n A �,�� WELD COUNTY, COLORADO ATTEST: , ,� �L °0""""��99 William H. Jerk Chair ( `rt pe_,ld County Clerk to the Board 1861 > 2 M. J. ile, Pro em - `au uty Clerk the Board D 'd E. o AP AS TO F Robert D. Masden ounty A rney /eSO—u.ki Glenn Vaad Date of signature: �5 2005-2683 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: James and Dianne Hofmeister Violation: VI-0400363 Address: 21450 CR 5, Berthoud, CO 80513 Legal: Part of the SW4 of Section 16, T4N, R68W of the 6th P.M., Weld County, Colorado Location: East of and adjacent to County Road 5 and North of and adjacent to Highway 56 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1061-16-0-00-036 Acres: 155.28 Certified mail date: August 12, 2005 Received: August 17, 2005 Currently the property is in violation of: Chapter 29, Article VIII, Section 29-8-40 REMEDY To bring the property into compliance, the electrical corrections shall be made and inspections completed so the permit for the farm shop building can be finalized. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as there has been no response since December, 2004. CASE HISTORY March 12, 2004 10-day compliance letter issued. September 16, 2004 10-day compliance letter issued. September 24, 2004 Phone call from Steve Hofmeister. They are in the middle of harvest, he requested a 30-day extension. October 28, 2004 Phone call from Steve Hofmeister, he will set a time for the electrical inspector to meet with him regarding electrical inspections. November 9, 2004 Phone call to Steve Hofmeister. He will call the electrical inspector to set up the inspection. November 30, 2004 30-day violation letter issued. May 19, 2005 10-day compliance letter issued. June 21, 2005 30-day violation letter issued. August 12, 2005 Mailed certified letter indicating the violation case is scheduled before the Board of County Commissioners. 2005-2683 • ritie-wsr DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 I pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 C. Fax: (970) 304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 August 12, 2005 James and Dianne Hofmeister 21450CR5 Berthoud CO 80513 Subject: VI-0400363, Part of the SW4 of Section 16, T4N, R68W of the 6`" P.M., Weld County, Colorado Dear Mr. and Mrs. Hofmeister: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 13, 2005,at 10:00 a.m., to consider the violations. The property is in violation of the following Section(s)of the Weld County Code: Section 29-8-40 "Expiration of Permit." To bring your property into compliance: All electrical corrections shall be made, all inspections completed and a final approval issued on the permit for the farm shop building. 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. rely, �/err Peggy Gregory Building Compliance Officer pc: VI-0400363 BCS-020334 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal ServiceTM o CERTIFIED MAILLM RECEIPT 0 (Domestic Mail Only;No Insurance Coverage Provided) m F r•elivery inf rmati nvisit ur we•site at www.us•s.c•ma cr r Postage $ m Codified Fee 0 Postmark Return Receipt Fee Here (Endorsement R Required) C3 Restricted Delivery Fee D" (Endorsement Required) C N f1J Total Postage&Fees $ C▪I Sent To o JAMES & DIANNE HOFMEISTER r r orPOB No. 21450 CR 5 Staze,ZIP 44 CO 80514 PS Form 3800,June 2002 See Reverse for Instructions SENaE': C•M'LETE THIS SECTIeN C•M•LETE THIS SECTI•NWeELIVE•Y • Complete Items 1,2,and 3.Also complete A. Sig item 4 if Restricted Delivery is desired. /w 0 Agent ■ Print your name.and address on the reverse X ' L1. � .r Addressee so that we can return the card to you. B. Received by(Printed Name) C. Dat-of Delivery • Attach this card to the back of the maiiplece• or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No JA1 S & DIANNE HOFMEIS TER 2145a CR 5 BERTHIOUD CO 80513 3. Service Type XI Certified Mall ❑Express Mail ❑Registered 0 Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7004 2890 0003 5709 3063 (transfer from service label PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 c;s3,.% DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street ' Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregory(Thco.weld.co.us ee Phone: (970) 353-6100, Ext. 3568 Fax: (970) 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 21, 2005 James and Dianne Hofmeister 21450CR5 Berthoud CO 80513 Subject: VI-0400363, Part of the SW4 of Section 16, T4N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Hofmeister: It has been determined that the property located at 21450 County Road 5 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 farm shop 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 21, 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. �IY Qj/p/pJ tp� Pegg''Gregory rit Building Compliance Officer pc: BCS-020334 VI-0400363 a DEPARTMENT OF PLANNING SERVICES jral Building Compliance Division NORTH OFFICE 918 10th Street I pC Greeley, CO 80631 O pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 • Fax: (970)304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 May 19, 2005 James and Dianne Hofmeister 21450CR5 Berthoud CO 80513 Subject: Permit# BCS-020334— Part of the SW4 of Section 16, T4N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Hofmeister: It has come to the attention of the Department of Building Inspection that a permit for shop building at 21450 County Road 5 was issued on August 1, 2002. According to our records, this permit will expire on June 19, 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 page two Failure to schedule inspections or request an extension, in writing, by the expiration date will result in a violation notice. Once a violation is issued, it will remain open until the permit is completed and is subject to go before the Board of County Commissioners with written 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. Siryely, • D�U 4 (JNjiltL Peggy Gregory U71 Building Compliance pc: BCS-020334 VI-0400363 • SERVICE.TEAMWORK.INTEGRITY,QUALITY a Kit DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US ' C E-mail Address: pgregory@co.weld.co.us 918 10th Street, Greeley, O 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE November 30, 2004 James and Dianne Hofmeister 21450CR5 Berthoud CO 80513 Subject: VI-0400363, Part of the SW4 of Section 16, T4N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Hofmeister: It has been determined that the property located at 21450 County Road 5 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 a farm shop 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 November 30, 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. O�l Serer ely, Peggy Grego�y Building Compliance Officer pc: BCS-020334 VI-0400363 ;;;SS%\\ DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US ' C E-mail Address: pgregory@co.weld.co.us 918 10th Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO September 16, 2004 James and Dianne Hofmeister 21450CR5 Berthoud CO 80513 Subject: Permit# BCS-020334 - Part of the SW4 of Section 16, T4N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Hofmeister: It has been 180 days since the last inspection on the above noted permit for a farm shop at 21450 County Road 5. This permit was issued on August 1,2002. 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. �ppepl�ypy Peggy Gregory Building Compliance pc: BCS-020334 SERVICE,TEAMWORK,INTEGRITY,QUALITY ril t a 1.--- :.) DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US Address: pgregory@co.weld.co.us iglipC 1555 N. 17th Avenue, Greeley, CO 80631 E-mailO Phone: (970) 353-6100, Ext. 3540 Fax: (970)304-6498 COLORADO March 12, 2004 James and Dianne Hofmeister 21450CR5 Berthoud CO 80513 Subject: Permit# BCS-020334— Part of the SW4 of Section 16, T4N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Hofmeister: It has come to the attention of the Department of Building Inspection that a permit for a 2845 square foot building for personal use at 21450 County Road 5 was issued on August 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. 3540. Thank you for your cooperation to this matter. cr)Si rely, Peg Gregory Building Compliance pc: BCS-020334 SERVICE,TEAMWORK.INTEGRITY,QUALITY • ' AR2114577 -- 8 1170 REC 02114577 09/15/87 16:37 6.00 1/002 F 1174 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO WARRANTY DEED 11 ELLSWORTH E. ZOLLER and DONNA M. ZOLLER • II • whose address is 2538 State Highway 56, Berthoud • II `County of weld ,State of ' State DDoocumentary Fee • Colorado 80513 ,for the consideration of Date�.. __/s-_�� FOUR HUNDRED FIFTY THOUSAND AND NO/100 eo ($450,000.00) dollars. in hand paid.hereby sell(s) $ '� —""""—'— and convey(s)to JAMES M. HOFMEISTER and DIANNE M. HOFMEISTER, as joint tenants • whose legal address is 21450 Weld County Road 5, Berthoud, Colorado 80513 I h County of Weld .and State of Colorado II the following real property in the County of Weld ,and State of : Colorado.to wit: . 1 Lot A and Lot B of Recorded Exemption Na. 1061-16-3-RE415, as ' more specifically described on Exhibit A attached hereto and, 'I • by reference, incorporated herein for all purposes; • �OOOl O. co o !A q4 also known by street and number as 21450 Weld County Road 5, Berthoud, Colorado 80513 with all its appurtenances,and warranils,the title to the.same,subject to taxes for 1987 and subsequent years; reservations contained in Patent recorded in Book 149 at Page 328, Weld ' County records; drainage system as evidenced by Agreement recorded in Book 832 at 'I Page 353 and Agreements concerning maintenance thereto, recorded in Book 129E at Page 258 and in Book 1613 at Page 110, all in Weld County Records: right-of-way for Weld County Road 5 as shown on a nap filed in the Weld County Records; and easements and rights-of-way for ditches, irrigation or drainage pipeline and utilities. Signed this 11th day of September , 19 87 ' mlf. a is 1, ....i 7Ida^; STATE OF COLORADO, _,• qqi �F County of Boulder ss' •I � p', The foregoing ins p. Hps _:; lodged before me this 11th day of September .1987 k , CS by Ellswort- ..4#e.;� ,‘I)onna M. Zoller. ' O h A , My commissi ;.t }fc;. , Witness my hand and official seal. ', Ie wo II it+ 4: PUBLIC . II tj n 4p#................ F OQ CO� F: i h ••`-'I If in Denver.insert City end - �l _—.—_— — — -: ° So.Whiter.12.&5. %ARP \T\oEFo:GFen lin. a a',v.'I d 4°1 A lase d.CO ma wit - ""°' ,-WHG:kkm:mcs:jej B 1170 REC 02114577 09/15/87 16:37 y6.00 2/002 F 1175 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • Exhibit A to Warranty Deed Grantors: Ellsworth E. Zoller and Donna M. Zoller Grantees: James M. Hofmeister and Dianne M. Hofmeister, as joint tenants Date: September 11, 1987 PARCEL #1 Lot B of Recorded Exemption No. 1061-16-3-RE415, as per the map recorded September 25, 1979 in Book 882 under Reception No. 1804272, Weld County Records, being a portion of the Southwest Quarter ISW1/4) of Section 16, Township 4 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL N2 Lot A of Recorded Exemption No. 1061-16-3-RE415, as per the map recorded September 25, 1979 in Book 882 under Reception No. 1804272, Weld County Records, being a portion of the Southwest Quarter (SW1/4) of Section 16, Township 4 North, Range 68 West of the 6th P.M. , County of Weld, State of Colorado. EXCEPTING THEREFROM from both parcels above the North Ten feet I N10' ) of the South Thirty feet (S30' ) conveyed to weld County, Colorado by Deed recorded August 15, 1940 in Book 1067 at page 79, Weld County Records, AND ALSO EXCEPTING a tract or parcel of land No. 13 of Colorado Department of Highways Project No. S 0074(1) containing 0.12, more or less, in the SW1/4 of the SW1/4 of Section i6, Township 4 North, Range 68 West, of the Sixth Principal Meridian, in the County of Weld, State of Colorado, said tract or parcel being more particularly described as follows: 4 pG0 Beginning at a point on the West Line of Section 16, Township 4 North, Range 68 West, from which the SW Corner of Section 16 bears South 1 Degree 21' East, a distance of 81.9 feet; thence along the West Line of Section 16, South 1 Degree 21' East, a distance of 81.9 feet to the SW Corner of Section 16; thence along the South Line of Section 16, North 89 Degrees 22' East, a distance of 78.4 feet; thence North 0 Degrees 38' West, a distance of 30.0 feet to the existing Northerly right of way of S.H. 56 as located November, 1961; thence North 44 Degrees 56' West, a distance of 72.5 feet to the existing Easterly county road right of way as located November, 1961; thence South 89 Degrees 22' West, a distance of 28.8 feet, more or less, to the Point of Beginning, conveyed to the Department of Highways, State of Colorado by Deed recorded April 13, 1962 in Book 1611 at page 559, Weld County Records. TOGETHER WITH 12 shares of the capital stock of the Consolidated Home Supply Ditch and Reservoir Company; 4 shares of the capital stock of the Handy Ditch and Reservoir Company; 160 shares of the Sunnyside Lateral Ditch Company; and one Little Thompson Valley Water District domestic water tap; AND TOGETHER WITH all easements and rights-of-way for ditches used in connection with such water rights; AND RESERVING TO THE GRANTORS an undivided one-half interest in and to all oil, gas, minerals and hydrocarbons in, on, under or associated with the property for a period of ten years from the date of this Deed. On the 10th anniversary of this Deed, the rights hereby reserved shall revert to the then owners of the surface of the property. Hello