HomeMy WebLinkAbout20053005.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST EARL ORTH 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, Earl Orth,VI#0400369, 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 11th day of October, 2005, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Earl Orth, property owner, was present at said hearing, 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 December 11, 2005, to allow adequate time for the property owner to complete
all inspections and a Certificate of Occupancy to be issued, to bring the subject property into
compliance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that VI #0400369 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Earl Orth 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 December 11, 2005, to allow adequate time for the property owner to
complete all inspections and a Certificate of Occupancy to be issued, to bring the subject property
into compliance.
2005-3005
PL0824
/ -.?-O-Os-
VIOLATIONS -VI #0400369 - EARL ORTH
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 11th day of October, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: r� ;a EXCUSED
^rr William H rke, Chair
Weld County Clerk to thy= _ :? -
({1 �� Geile, Pro-Tern
BY: // ✓1
D=uty Cl to the Boa t' C Q�
id E. Long
AP ED • t
Robert D. Masden
ounty Attorney EXCUSED
Glenn Vaad
Date of signature:
2005-3005
PL0824
Weld County Violation Summary
Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Earl A Orth
Violation: VI-0400369
Address: 39440 Main Street, Eaton, CO 80615
Legal: Lots 29 through 32, Block 20, Camfield Townsite, Weld County, Colorado
Location: West of County Road 51, Y mile South of County Road 82
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Agricultural property
Parcel Number: 1711-18-0-15-015 Acres: .4
Certified mail date: September 16, 2005 Received:
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 on the permit for the move-in house
and a certificate of occupancy issued.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for
immediate action as this is a 1997 permit and there have been no inspections since June 15, 2004.
CASE HISTORY
May 22, 2003 10-day compliance letter issued.
April 20, 2004 10-day compliance letter issued.
December 13, 2004 30-day violation letter issued.
December 29, 2004 Received request for 180-day extension. Request granted by the Building Official.
June 13, 2005 10-day letter to schedule inspections, extension has expired.
June 22, 2005 Phone call from Earl Orth, he is going to get contractors to complete the house and
will contact me in 304 days to schedule progress inspection.
July 5, 2005 Attempted to call Earl Orth, no answer and no answering machine.
July 13 2005 30-day violation letter issued.
August 8, 2005 Phone call from Earl Orth, he has two guys working on the house and should be
ready for final inspections by 09/15/05.
2005-3005
VI-0400369
page two
September 16, 2005 Certified letter indicating the violation case is scheduled before the Board of County
Commissioners.
September 22, 2005 Phone message from Earl Orth, he has hired people to work on the house but they
are not working full time, he is not ready for finals.
September 27, 2005 Phone call to Earl Orth. He hurt his foot and is staying with his daughter and had not
gotten the certified letter. I advised him of the date and time of the violation hearing
and advised him to appear. He hopes to be done by then.
tilt `(1 6 DEPARTM_.4T OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
' pgregory@co.weld.co.us
WI D 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
September 16, 2005
EARL A ORTH
39440 MAIN ST
EATON CO 80615
Subject: VI-0500317, Lots 28-32, Block 20, Camfield Townsite, Weld County, Colorado
Dear Mr. Orth:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on October 11,2005,at 10:00 a.m., to consider the violations. The
property is in violation of the following Section(s) of the Weld County Code:
Chapter 29,Article VIII "Permit Provisions"
Section 29-8-40 "Expiration of Permit."
To bring your property into compliance:
All inspections shall be completed and a certificate of occupancy issued on the permit
for the move-in house.
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.
'ricer y,
y,
Peggy Gregory
Building Compliance Officer
pc: VI-0400369
BC-9700667
SERVICE,TEAMWORK, INTEGRITY,QUALITY
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Street.Apt.No.;
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PS Form 3800,June 2002 See Reverse for Instructions
(it6 DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street
I Greeley, CO 80631
Website: www.co.weld.co.us
E-mail Address: pgregorv(aco.weld.co.us
0 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
July 13, 2005
Earl A Orth
39440 Main ST
Eaton CO 80615
•
Subject: VI-0400369, Lots 28-32, Block 20, Camfield Townsite, Weld County, Colorado
Dear Mr. Orth:
It has been determined that the property located at 39440 Main Street is currently in violation of the following Section of
the Weld County Code:
Chapter 29,Article VIII "Permit Provisions"
Section 29-8-40"Expiration of Permit"
To bring your property into compliance with the Weld County Code:
All necessary inspections shall be completed and a certificate of occupancy issued on the permit for the move-in house.
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 13, 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.
ly,
fly A
Peggy Gregory
Building Compliance Officer
pc: BC-9700667
VI-0400369
(i) -6:1;;\:, \
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
'g918 10th Street
C Greeley, CO 80631
O pgregoreeley, eld.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
June 13, 2005
Earl A Orth
39440 Main ST
Eaton CO 80615
Subject: Permit# BC-9700667—Lots 28-32, Block 20, Camfield, Weld County, Colorado
Dear Mr. Orth:
I have previously contacted you regarding the above noted building permit for a move in house at 39440 Main
Street in Camfield. I have also attempted to contact you by phone and have gotten no answer.
On December 29,2004,our office received a letter from you in response to the Building Code Violation Notice
dated December 24, 2004. In you letter,you requested an extension of six months and stated you would be
ready for a final inspection by June 1, 2005. Roger Vigil, Building Official, approved your extension request
with the condition that a new permit would be required and fees assessed of one half the original fees if all
inspections were not completed by that date. As of today,no inspections have been completed and none are
scheduled.
At this point, we need to do an inspection to see what progress has been made. Please call within 10 days
from the date of this letter so arrangements can be made for an inspection. I can be reached at 970-353-
6100, Ext. 3568. Thank you for your cooperation in this matter.
SAP Y
et Stir
Peggy Gregory
Building Compliance
pc: BC-9700667
VI-0400369
SERVICE.TEAMWORK,INTEGRITY,QUALITY
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Weld Co Planning Department
GREELEY OFFICE c1
DEC 2 9 2004
RECEIVED
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DEPARTMENT OF BUILDING INSPECTION
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: pgregory@co.weld.co.us
918 10th Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3568
Q Fax: (970) 304-6498
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
December 13, 2004
Earl A Orth
36539 CR 51
Eaton CO 80615
Subject: VI-0400369, Lots 28-32, Block 20, Camfield, Weld County, Colorado
Dear Mr. Orth:
It has been determined that the property located at 39440 Main Street 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:
Ali necessary inspections shall be completed and the permit for a move-in house shall have all inspections completed
and a certificate of occupancy issuefd.
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
December 13, 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.
rely,
Peggy Gregory
Building Compliance Officer
pc: BC-9700667
VI-0400369
v
Kit
DEPARTMENT OF BUILDING INSPECTION
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. 3540
O Fax: (970) 304-6498
COLORADO
April 20, 2004
Earl A Orth
39539 CR 51
Eaton CO 80615-9503
Subject: Permit# BC-9700667- Lot 28-32, Block 20, Camfield, Weld County, Colorado
Dear Mr. O the 3 1 4r-,bA
It has been 180 days since the last inspection on the above noted permit for a move-in house at 39537 County
Road 51. This permit was issued on August 6, 1997. 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. 3540.
Thank you for your cooperation to this matter.
Sincerely,
(2-1O(,/Arty •
Pegg/ Gregory
Building Compliance
pc: BC-9700667
SERVICE,TEAMWORK,INTEGRITY,QUALITY
(ice
DEPARTMENT OF BUILDING INSPECTION
Website: WWW.CO.WELD.CO.US
wi E-mail Address: pgregory@co.weld.co.us
Wi . 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
0 Fax: (970) 304-6498
COLORADO
May 22, 2003
Earl A. Orth
39539 CR 51
Eaton, CO 80615-9503
Subject: Permit# EL—BC-9700667 - Lot 28-32, Block 20, Camfield, Weld County, Colorado
Dear Mr. Orth:
It has come to the attention of the Department of Building Inspection that a building permit for a 1,694 square
foot move-in house at 39537 CR 51 was issued on August 6, 1997. 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,
girt Art-
Peggy Gregory
Building Compliance
pc: BC-9700667
SERVICE,TEAMWORK,INTEGRITY,QUALITY
S9 3 Warranty Deed
THIS DEED is a conveyance of the realproperty described below, including any improvements and other appurtenances (the
'property")from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s).
or entity(ies)named-below as GRANTER;
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the tide to the property,except
for(1)the lien of the general property taxes for the year of this_deed,.which.the-GRANTEE wjll pay(2)any easements and rightsvf
way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any
protective covenants and restrictions shown of record(6)any additional matters shown below under'Additional Warranty Exceptions',
D.F. and(7)subject to building and zoning regulations.
$2.15 The Specific Terms of This Deed Are:
Grantor: (Give name(s)and place(s)of residence;if the spouse of the owner grantor Is Joining in this Deed to release homestead rights,identify grantors as
husband and wife.)
JAMES N. COLUMBIA AKA JAMES COLUMBIA
Grantee: (Give name(s)and address(m);statement of address,including available road or strut number.)
EARL A. ORTH
41527 WCR 35, AULT, COLORADO 80610
Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words In joint
tenancy"or V/Ofdl of the tame meaning are added in the space below.)
Property Description (Include county and state.)
LOTS 28 THROUGH 33 BLOCK 20,
TOWNSITE OF CAMFIELD
WELD COUNTY, COLORADO.
2559593 B-1617 P-756 07/24/1997 10:38A PG 1 OF 1 REC DOC
Weld County CO JA Suki Tsukainoto Clerk & Recorder 6.00 2.15
Property Address: TO BE DETERMINED GALETON, COLORADO 80622
Comideratlon: (The statement of a dollar amount is optional,adequate consideration for this deed will be presumed unless this conveyance is identified
TWENTY ONE TH6USANL)FIF'IVE HUNDRED AND 00/110)
Reserratlons-Restrictions: (If the GRANTOR Mends to reserve any interest in the piop,..ly or to convey leas than is owned,or if the GRANTOR is
restricting the GRANTEE'S right in the property,make appropriate indication.)
Additional Warranty Exceptions: (Include deeds of Dual being assumed and other matters not covered above.)
Executed by the Grantor on JULY 23, 1997
Signature for Corporation,Partnership or Assodatlou: Signature for individual(s):
Name of Grantor: Corporation,Partnership of Association JA ES N.CO UMBI Grantor
By
Grantor
By /.1/0'0140
JAMES COLUMBIA Grantor
Attest:
STATE OF COLORADO
COUNTY OF WELD ) ss.
The forego' acknowledged before me this 23rd day of JULY, 1997
By JA /." Q` �!test JAMES COLUMBIA
w. f (y1 // /�
My e tiny ol�ial .5 / ,L��i)C PLRiIN
My I myfls•
ion e>��A JULY 1 5 2000 rotary
STAT Id e.:. '
Jo n\ POf ) as 100937tH AVEN COURT,STE 101, GREELEY,CO 80634
COU 1 a )
The fore: ` &` acknowledged before me this day of
By* • =
Plume individual Grantor(s)or if Grantor is Corporation,Partnership or Association,then identify signers as president or vice president and secretary
or assistant secretary of corporation;or as parmer(s)of partnership;or as authorized member(s)of association.)
WITNESS my hand and official seal.
My commission expires: Notary Public
c 1981 UPDATE LEGAL FORMS WCTC No. 201-I.
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R7t95791 N EATON39440 CO
06 128IHRU3201120CAMFIELDSNTiis.�33440MAIN
EATON O 8 0 61 5-9 5 03 ST WELD 00000
Year District
2005 0207
Apr Dist St
A
Parcel Number MH Space Seq
0711-10-0-15-015
Street No Dir Street Name Type Not
39440 MAIN ST
Location City Location Zip Acct Type Lagt
WELD 000[0 Residential
BACode Owner Id Owner Location Map No
1234
Business Name Version V Data. Time ID Ap 41. Nees Version
X12000 12-APR-2005 0157 Pit JSW #IWAM 20051405000
L1ame' TYPE :ACTUAL ASSD ACRES Sti FT .,
r 4---; J°' Pre/5uc r'M� ( remit LAND: 16,105 1.290; D_ 17,4242
' `Mobda ; r` en azks r ise C-Personal IMPS ,. 79.687 6.340] -.- 1 770
jfact Tff Tax Sole �
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TOTAL;', - C` 95.072 7.630
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