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Home My WebLink About20050816.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0500308 AGAINST H MICHAEL CROISSANT AND JERRY AND JAN FYFFE 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, H Michael Croissant and Jerry and Jan Fyffe, VI #0500308, 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 8th day of November,2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, H Michael Croissant and Jerry and Jan Fyffe 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 H Michael Croissant and Jerry and Jan Fyffe 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. 2005-0816 PL0824 (�l/; PLC l/iOL� M VIOLATIONS -VI #0500308 - H MICHAEL CROISSANT AND JERRY AND JAN FYFFE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of November, A.D., 2005. BOARD OF COUNTY COMMISSIONERS ��/A,� j / 1 WELD COUNTY, COLORADO ATTEST: i �� i � , illiam H.trke, Chair Weld County Clerk to the / /OM M. J. ale, Pro-Tem D=f;uty Cle to the Boar+ (C) Cci/ David E. Long AP VED AS T • EXCUSED / Robert D. Masten County Attorney �yp l V O y Glenn Vaad Date of signature: 11/21 IG 2005-0816 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: H Michael Croissant Tenant: Jerry and Jan Fyffe Violation: VI-0500308 Situs Address: 16710 County Road 12, Fort Lupton, CO 80621 Owner Mailing Address: 398 South 20th Avenue, PO Box 987, Brighton, CO 80601 Tenant Mailing Address: 16710 County Road 12, Fort Lupton, CO 80621 Legal: Part of the NE4 of Section 11, T1 N, R66W, Weld County, Colorado Location: South of and adjacent to County Road 12, at the southwest corner of County Roads 12 and 35 North: Agricultural property South: Agricultural property East: Agricultural property, Buffalo Ridge Estates (Estate Zoned) West: Agricultural property Parcel Number: 1471-11-0-00-007 Acres: 158.18 Certified mail date: October 14, 2005 Received: October 19, 2005—from tenant October 20, 2005—from owner 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 structural steel building and a final approval shall be issued. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action as the permit expired in April, 2005, and the inspections have not been completed. CASE HISTORY April 13, 2005 10-day compliance letter issued. April 19, 2005 Phone call from the tenant, they have had the foundation inspections completed but have not started on the actual building yet, he will request an extension. May 11, 2005 Follow-up letter to schedule inspections or request an extension within 10 days. May 17, 2005 Received extension request from tenant May 18, 2005 Tenant notified 90-day extension was granted. August 17, 2005 Letter reminding of expiration date of extension. September 7, 2005 30-day violation letter issued. October 14, 2005 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. 2005-0816 rs 6 DEPARTML..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 O SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 COLORADO Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 October 14, 2005 JERRY &JAN FYFFE 16710 CR 12 FORT LUPTON CO 80621 MICHAEL H CROISSANT 398 S 20 AV PO BOX 987 BRIGHTON CO 80601 Subject: VI-0500308, The NE4 of Section 11, Ti N, R66W, of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Fyffe: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on November 8, 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 a final approval issued on the permit for the structural steel 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. incerel , —12 U (/ Peggy Gregory Building Compliance Officer pc:VI-00500308 BCS-040243 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal Service," U.S. Postal Servicernn ru CERTIFIED MAILTM RECEIPT m CERTIFIED MAIL., RECEIPT S (Domestic Mail Only;No Insurance Coverage Provided) 0' (Domestic Mail Only;No Insurance Coverage Provided) F• •r•elivery inf•rmati•n visit •ur we•site at www.us•s.c•In. F r•elivery inf•(mat, nvisit ur we.site at www.us.s.c rnD 4 . .., , ,,,xA i p i pa, k r i �sn. in N ' .."'" Postage $ `^ MI Postage $ p Certified Fee m C Postmark O Certified Fee CI Return Receipt Fee O Postmark (Endorsement Required) Here CI Return Receipt Fee Hare(Endorsement Required) gyp" odor em Delivery Required) Fee p (Endorsement Required) �, Restricted Delivery FeeCI (Endorsement Required) IllPO N PU S Total Postage&Fees $ Total Postage&Fees p t o M- sent To / �+^ 'V/chief Y �!A,cznr 1 /�O �rryda24 Cy N or o'rw�.x o. siftV.an /4.�- Thargil. N Sheet,Apt No., /7 p �^ or PO aar No. /4"/14 C,e , City,Stet W 69 City,State.,f4,t4 deli an CO 10&02/ S Farm 3:n.Jw�2rg2 See•averse hrinstructi•ns •,��.•c rrn0 x�nury UN UELIVE•Y an . so complete A Signaty= item 4 if Restricted Delivery is desired. X - Agent • Print your name and address on the reverse ��,,�• - ,ri Addressee so that we can return the card to you. I3. dived by • Attach this card to the back of the mailpiece, (Pd a 'e) C. Date• .aivery or on the front if space permits. G J 1. Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: ❑ No JERRY & JAN FYFFE 16710 CI ' 12 FORT LUPTON CO 80621 3. Service Type 10 Certified Mail 0 Express Mall 0 Registered ❑Return Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yea 2. Article Number 7004 2890 0003 5709 4985 (Transfer from serve PS Form 3811,February 2004 Domestic Rehm Receipt 10259&CM.1543 SENaE': Cent'LETE THIS SECT/sN C•M•LETE THIS SECTI•N eN DELIVERY • Complete items 1,2,and 3.Also complete A SIenature � a item 4 if Restricted Delivery is desired. ,I I ) 0 Agent IN Print your name and address on the reverse Y h .s ID Addressee SD that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. ' - I( 1. Article Addressed to: D. Is delivery address different from Rem 1? 0 Yes If YES,enter delivery address below: ❑No MICHAEL H CROISSANT ^ 398 S 20 AV Cli PO BOX 987 BRIGHTON CO 80601 3. Service Type Ci Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) p Yes 2. Article Number .7004 2890 0003 5709 4992 (Transfer from service k - PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-1540 a 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(o�co.weld.co.us Phone: (970) 353-6100, Ext. 3568 O Fax: (970)304-6498 • SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE September 7, 2005 JERRY&JAN FYFFE 16710 CR 12 FORT LUPTON CO 80621 MICHAEL H CROISSANT PO BOX 987 BRIGHTON CO 80601 Subject: VI-0500308, The NE4 of Section 11, T1 N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Fyffe: It has been determined that the property located at 16710 County Road 12 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 inspections shall be completed and the permit for a 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 September 7, 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. incer- , mot. Aret Peggy regory Building Compliance Officer pc: BCS-040243 VI-0500308 DEPARTMENT OF PLANNING 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 August 17, 2005 JERRY&JAN FYFFE 16710 CR 12 FORT LUPTON CO 80621 MICHAEL H CROISSANT PO BOX 987 BRIGHTON CO 80601 Subject: Permit# BCS-040243—The NE4 of Section 11, Ti N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Fyffe: On May 18,2005,the building official granted your request for a 90-day extension on the above noted building permit for a structural steel building at 16710 County Road 12. The extension will expire on August 20, 2005. Failure to schedule inspections within 10 days from the date of this letter 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. SS/ Y 77//0�� Peggy Gregory Building Compliance pc: BCS-040243 SERVICE,TEAMWORK,INTEGRITY,QUALITY gao 2O j -efefr : 70L9-- tS 6cs - © o 2F3 - ,v^Ee- -�= I/atrytJ 711V R661/1/ ey4 P. m r tfre tir"2--rli\ c 1 Q � Az(441, Weld County Planning Dep 711774 � GREELEY OFFICE2S u MAY 17 2005 RECEI Perri< �Ec C_ ✓a & x Tad 5/I•05 midair - J12 f57--/5/98 ?D d e ys • a 6 lise;\:, DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street C Greeley, CO 80631 Opgregory@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 11, 2005 Jerry and Jan Fyffe 16710 CR 12 Fort Lupton CO 80621 Michael H Croissant PO Box 987 Brighton CO 80601 Subject: Permit# BCS-040243—The NE4 of Section 11, Ti N, R66W of the 6'h P.M., Weld County, Colorado Dear Mr. and Mrs. Fyffe: I spoke with you on April 19, 2005, regarding the above noted building permit for a structural steel building at 16710 County Road 12 which was issued on June 25,2004. At that time,you stated you have not started the building and wished to request an extension. To date, we have not received that request. Failure to schedule inspections or request an extension, in writing, within 10 days from the date of this letter 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. Sincerely, A Peggy Gregory Building Compliance pc: BCS-O40243 SERVICE,TEAMWORK,INTEGRITY,QUALITY a DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street C 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 April 13, 2005 Michael H Croissant PO Box 987 Brighton CO 80601 Subject: Permit#BCS-040243—The NE4 of Section 11, Ti N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Croissant: It has come to the attention of the Department of Building Inspection that a permit for a structural steel building at 16710 County Road 12 was issued on June 25,2004. According to our records,this permit expires on April 13, 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,within 10 days from the date of this letter 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. Sincerely, p00 0 4 Peggy Gregory Building Compliance pc: BCS-040243 SERVICE,TEAMWORK,INTEGRITY,QUALITY Weld County Building Inspection Department 1555 North 17th Avenue,Greeley,CO 80631 970-353-6100,Ext.3540 Fax: 970-304-6498 Permit# BCS-040243 - Status ISSUED Applied 06/04/2004 Issued 06/25/2004 Expires 04/13/2005 Job Address 16710 CR 12 WEL Job Location 16710 CR 12 Job Description 750 SF STRUCTURAL STEEL BUILDING ON CONCRETE SLAB -NO UTILITIES-FOR PERSONAL WOODWORKING AND STORAGE REF:PR-9830261 Occ. Class U-ACC Construction Type: V-B Zone District AGRICULTURAL Parcel Number 1471-11-0-00-007 1997 UBC Valuation$13,882.50 APPLICANT FYFFE JAN 06/16/2004 Phone: 303-857-1498 16710 CR 12 FTLUPTON CO 80621 OWNER CROISSANT MICHAELS 06/16/2004 Phone: 303-659-5958 BOX 987 l(l) BRIGHTON CO 80601 CONTRACTOR OWNER 06/16/2004 Minimum Required Zoning Setbacks N- 50 S- 5 E- 50 W- 5 N&E SETBACKS FROM CENTER OF RD REF:PR-9830261 FEE SUMMARY Total Permit Fees $262.25 Total Payments .00 Balance Due $0.00 FEE BREAKDOWN SUMMARY Item#Description Account Code Tot Fee Paid Prv.Pmts Cur.Pmts 2010 Building Permit 100025100-42 212.25 212.25 212.25 .00 2040 Building Plan C 100025100-42 50.00 50.00 50.00 .00 NOTICE The applicant,agents and employees shall comply with all the rules,restrictions and requirements of Weld County Zoning and Building Code Ordinances governing location,construction,demolition and erection of the above proposed work for which this permit is granted.The building Official is authorized to order the immediate cessation of work at any time a violation of the adopted codes or regulations appears to have occured. Violations of any codes or regulations may result in the revocation of this permit. • Buildings must conform with the plans as submitted to the Building Inspection Department. Any changes to the plans or lay-out must be approved prior to construction. Any changes in the use or occupancy of the building must be approved. It shall be the duty of the property owner or the person doing the work authorized by this permit to notify the Weld County Building Inspection Department that such work is ready for inspection. This permit shall expire by limitation and become null and void if the building or work authorized by this permit is not commenced within 180 days from the date this permit is issued,or if the building or work authorized by this permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can recommence a new permit shall be required and the charge shall be 1/2 the fee under the current Weld County Building Inspection Fee Schedule provided that such suspension or abandonment has not exceeded five(5)years. When suspension or abandonment has exceeded five(5)years,the permittee shall pay the full permit fee under the current fee shcedule. Weld County is not liable for workmanship. Permits are not transferable. form:BldgComb AR241223H oclock WARRANTY DEED Grantor($), Mike & Jim Kruse - Partners, a General Partnership whose address is 72 Cascade Avenue, Alamosa, Co 81001 'County of .State of Colorado ,for the consideration of Ten Dollars & other valuable consideration de1;am,in hand paid,hereby sell(s) and convey(s)to H. Michael Croissant whose legal address is P.O. Box 987, Brighton, CO 80601-1907 County of Adams ,and State of Colorado the following real property in the County of Weld ,and State of Colorado.to wit: The NEI of Section 11 , Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado Together with all improvements located thereon, Together with all water and water rights appurtenant thereto, Together with all oil, gas and other minerals or reversionary interests owned by the grantor and found on or beneath the above premises 2_412230 B-1464 P-457 10/24/94 03:39P PG 1 OF 1 REC DOC Mary Ann Feuerste in Weld Co., Clerk & Recorder 5.00 12.80 also known by street and number as with all its appurtenances,and warrant(s)the title to the same,subject to U.S. Patent reservations of record; prior mineral reservations of record; easements and rights of way of record; special assessment and taxing districts of record; 1994 taxes due and payable in 1995 and thereafter. Signed this 20th day of October 19 94 Mike & Jim Kruse - Partners a Generaall2q risk By %1 ; , B /J Gen 1- Partner' Genera Partner STATE OF COLORADO. jl Morgan County of 9 111 The foregoing instrument was acknowledged before me this 20th day of October .1994 , by ci.-hael Kruse & James Kruse, General Partners of Mike & Jim Kruse Partners, a General Partnership. My commission expires . Witness my hand and official seal. 1/28/96 •T_ 41f in Derv,insert-City and". Nana and Aadmm o(W,m canny NeWy Crested teal O aaiinal3S]}IW.5.CRS) No.897.110.642. WARRAMY DEED(Sbnrd Fine *Mbn 996arbina.1743 Waite 54 Deewr.CO10202-(303)292-2500-3.94 AIRS = - #'itias ICt"Clcc art r • Account Mamf enance X Ike Mainter ante ..: N�:� evp ,�. Y ttom�;;c -, >". CAne. T I-IteGNamef/4ddrsss TR^T 11 1 Mi11 b9 60 UD ,.., . Account CROISSANT H MICHAEL - l ejal Des pGgq y ' ` ; R c- ° las5 N P 0 80X 987 BRIGHTON CO 801;01 75866.8 11(4tEXC (3W 11-1 (71.1. 4 'I $2R)SITUSS 16550 - };; Year District 1 #WELD 00000 SITIJS 012 C9 LD 0 2005 2240 x Apr Dist St A Parcel Number MH Space Seq 1471.11-0-00-007 Street No Dir Street Name ,...Li Type Noll 16550 12 CR �f Location City ? Location Zip Acct Type Lagt WELD 00000 Agricultural BACode Owner Id Owner Location Map No 12480 Business Name Version V. 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