HomeMy WebLinkAbout20053006.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST EUGENEA HELLER 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, Eugenea Heller, VI #0500294, 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, Eugenea Heller, 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 April 11, 2006, 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 #0500294 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Eugenea Heller 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 April 11, 2006, 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.
2005-3006
PL0824
oe Pc, t%toc_ o -ao-o5--
VIOLATIONS -VI #0500294 - EUGENEA HELLER
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: III u® / 'j I"�i' , . t♦� XCUSED
bl N � •'i� �ti}' �j illiam H. r e, Chair
Weld County Clerk to the 'ter
l •ect-✓
u Ya L J. ile, Pro-Tem
BY: _ f
Dg9 uty Cle to the Boa • ud 6 iC
__.----7Dav E. Lon
APP D A M: a
Robert D. Masden
ounty Attorney EXCUSED
Glenn Vaad
Date of signature: lb 20'05
2005-3006
PL0824
Weld County Violation Summary
Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Eugenea F Heller
Violation: VI-0500294
Mailing Address: 6097 Niwot Road, Longmont, CO 80503
Situs Address: 62375 CR 131, New Raymer, CO 80742
Legal: Part of the E2E2 of Section 23, T11N, R58W, Weld County, Colorado
Location: West of and adjacent to County Road 131, 1/2 mile North of County Road 126
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Agricultural property
Parcel Number: 0219-23-1-00-005 Acres: 23.85
Certified mail date: August 23, 2005 Received: August 29, 2005
Currently the property is in violation of:
Chapter 29, Article VII, Section 29-7-130
REMEDY
To bring the property into compliance, all inspections shall be completed and a certificate of occupancy
issued on the permit for the mobile home to be used as a principal dwelling.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for
immediate action as this permit expired on August 22, 2005, and there are still numerous inspections to be
completed.
CASE HISTORY
February 23, 2005 Permit issued and expiration notice signed by Gene Heller.
August 2, 2005 Notice of expiration letter mailed.
August 23, 2005 Certified letter indicating the violation case is scheduled before the Board of County
Commissioners.
August 29, 2005 Received Return Receipt signed by Grace Jones.
September 30, 2005 Inspections performed.
2005-3006
Kit0 DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
F
NORTH OFFICE
918 10th Street, Greeley, CO 80631
liD 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 23, 2005
Eugenea F Heller
6097 Niwot RD
Longmont CO 80503
Subject: VI-0500294, Part of the E2E2 of Section 23, T11 N, R58W of the 6th P.M., Weld County, Colorado
Dear Mr. Heller:
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 of the Weld County Code:
Chapter 29,Article VII "Mobile, Manufactured or Factory-Built Home Permits"
Section 29-7-130 "Certificate of Occupancy"
To bring your property into compliance:
All inspections shall be completed and a Certificate of Occupancy shall be issued on
the permit for the mobile home.
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.
Sincerely,
P eegoy p pgp�j.Building Compliance Officer
pc: VI-0500294
PRN-043087
SERVICE,TEAMWORK, INTEGRITY,QUALITY
U.S. Postal ServiceTM
r CERTIFIED MAIL,, RECEIPT
rR (Domestic Mail Only;No Insurance Coverage Provided)
F•r•elivery inf•rmati•n visit ur we•0 site at www.us•s.c m�
xT r 1 '>2:, i P'31:. "m•'
Ui
Postage $
m
p Certified Fee
p Postmark
p Receipt Fee Here
(Endorsement R Rceipt red)
Fee
p Restricted Delivery Fee
D' (Endorsement Required)
C
ru $
Total Postage&Fees
CI Sent To
p EUGENEA F HELLER
N —Street,Apt.No.;
or PO Box No. 6097 NIWOT RD
City,State,ZIP+4
LONGMONT CO 80503
PS Form 3800.June 2002 See Reverse for Instructions
SENs E': Ce M•LETE THIS SECTI eN C•M•LETE THIS SECTI•N•N•ELIVE•V
• Complete items 1,2,and 3.Also complete A. Si•y i re
item 4 If Restricted Delivery is desired. - _ r A , 0 Agent
le Print your name and address on the reverse (�.P"l-( j• 0 Addressee
so that we can return the card to you. B. Received by(Printed(v- e) C. D.te of Delivery
• Attach this card to the back of the mailpiece, ll
or on the front if space permits. 2
1. Article Addressed to: D. Is delivery address different from Item 1 0 Yes
If YES,enter delivery address below: 0 No
EUGENEA F HELLER
6097 NIWOT RD
LONGMONT CO 80503
3. Service Type
S]CertMed Mall 0 Express Mall
0 Registered 0 Return Receipt for.Merchandise
❑Insured Mall 0 C.O.D.
4. Restricted Delivery?(Dam Fee) CI Yes
2. Article Number 7004 2890 0003 5709 3179
(fransrer hom service A
PS Form 3811,February 2004 Domestic Retum Receipt 102885-02-M-1540
S DEPARTMENT OF PLANNING SERVICES
ritBuilding Compliance Division
NORTH OFFICE
918 10th Street
I 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
August 2, 2005
Eugene F Heller
6097 Niwot RD
Longmont CO 80503
Subject: Permit# PRN-043087—Part of the E2E2 of Section 23, T11 N, R58W of the 6th P.M.,
Weld County, Colorado
Dear Mr. Heller:
This notice is to remind you that the above noted permit for a mobile home at 62375 County Road 131 will
expire on August 22,2005. Section 29-7-130 of the Weld County Code states that a certificate of occupancy
shall be obtained on all mobile, manufactured,or factory-built homes no later than one hundred eighty(180)
days after the permit is issued. In the event the certificate of occupancy is not issued by the expiration date,a
meeting may be scheduled with the Board of County Commissioners to review the violation. The Board will
determine if an extension is warranted or if the case should be referred to the County Attorney for legal action.
For inspections 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,
grt
Peggy Gregory
Building Compliance
pc: PRN-043087
SERVICE,TEAMWORK,INTEGRITY,QUALITY
DEPARTMENT OF BUILDING INSPECTION
' PHONE (970)353-6100, EXT.3540
FAX (970) 304-6498
C WEBSITE: www.co.weld.co.us
918 10TH STREET
O GREELEY, COLORADO 80631
COLORADO
Building permit PRO 6 4'3 0 7 for a factory-built/manufactured/mobile
home at 6; 37s C/C ( 3 •
( is being issued on g.-/Q 3/ S
Section 29-7-130 of the Weld County Code states:
"The certificate of occupancy shall be obtained no later than one hundred
eighty(180) days after the permit is issued. Failure to obtain the certificate of
occupancy within the one-hundred-eighty-day period will be sufficient reason
to consider the mobile, manufactured or factory-built home in violation of this
Building Code"
If all inspections are not completed and a Certificate of Occupancy issued by
? 07; - os
a Certified letter will be mailed to the property owner as notification of the date and time the
violation case is scheduled before the Board of County Commissioners. It is at the
discretion of this Board whether you will have additional time to complete the remaining
inspections.
Respectfully,
Rer79/°:"L9
Roger Vigil
Building Official
Signed: �'�12-1--1.-( fr r�7
Relationship to Property Owner: (."
�,
cc: Building Compliance Officer Office Tech 31-
Building Permit File Date 2f27 OS
3194261 06/30/2004 9.14161;1/4111
:56A WeRtikiti,11)011111
" ti5 1 of 2 R 11.00 D 5.99 Steve Moreno Clerk& Recorder
WARRANTY DEED
THIS DEED, Made this 10TH day .of JUNE, 2004 between
Thomas G. Trostel and Beverly R. Trostel 93 9O1 76--
of the County of Weld and
State of Colorado, grantor, and _�/� /
Eugenea F. Heller 6097 /('r rti -O
whose legal address is FRH- Jo qq Col rado 80531
of the County of Weld and State o'fnColorado, ntees:
grantees:
WITNESSETH That the grantor for and in consideration of the sum of FIFTY NINE
THOUSAND NINE HUNDRED AND 00/100, ($59,900.00) Dollars, 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 and State of Colorado, described as
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as TED, Johnstown, Colorado 80534
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 2004 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
99
Doc Fee 5
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession 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.
T as G. Trostel
V
Beverl/ R, Trostel
STATE OF COLORADO }
} ss. The foregoing instrument was acknowledged before
County of Weld } me this 10TH day of JUNE, 2004
by Thomas G. Trostel and Beverly R. Trostel
Witness my hand and official seal .
My commission expires
NOTARY PUBLIC
916 17TH AVENUE
No. 932A. Rev. 7-84 LONGMONT, COLORADO 80501
EV( NNE K. U. PIERCE
NOTARY PUBLIC
STALE OF COLORADO
My Commission Expires 12/3/2005
I HI EN 1111111111111111 HMI h 11d1 III 11111 IIII Iill
3194261 06/30/2004 09:56A Weld County, CO
2 of 2 R 11.00 D 5.99 Steve Moreno Clerk & Recorder
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commitment No . : F939275
SCHEDULE A - Continued
LEGAL DESCRIPTION
Lot B of Recorded Exepmtion No . 0219-23-1 RE 3739 , recorded June 15 , 2004
as Reception No . 3189157 of Weld County Records and being a portion of
land located in the E1/2 of the E1/2 Section 23 , Township 11 North, Range
58 West of the 6th P . M. , County of Weld, State of Colorado .
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R3107304 Parcel#: 021923100005
Tax Area: 1102 Bordering County:
Acres: 23.85
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
11 - 58 -23 - 1 - -
Owners Name&Address: Property Address:
HELLER EUGENEA F Street: WELD
6097 NIWOT RD City: WELD
LONGMONT, CO 80513
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception
6/10/2004 $59,900 WD 3194261
Legal Description
PT E2E2 23-11-58 LOT B REC EXEMPT RE-3739(1.89R) SITUS: WELD 000000000
Land Valuation Summary
Land Type Abst Code Unit of Number of Actual Value Assessed
Measure Units Value
Agricultural 4147 Acres 23.85
Land Subtotal: 23.85 $280 $80
Buildings Valuation Summary
Bldg# Property Type Actual Value Assessed
Value
1 Out Building
Improvements Subtotal: $450 $130
Total Property Value $730 $210
Building Details
Account#: R3107304 Parcel#: 021923100005
Owners Name&Address: Property Address:
HELLER EUGENEA F Street: WELD
6097 NIWOT RD City:WELD
LONGMONT, CO 80513
Building# ProopertyTvae
1 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 0
Exterior: HVAC: None
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=02192... 10/05/2005
Identify Results Page 2 of 2
Interior Finish: Built As SQ Ft: 1
#of Baths: 0 Roof Type:
#of Bdrms: 0 Roof Cover:
# of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=02192... 10/05/2005
Fib Maintenance
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- W a_≥I r Lar ec,ON /Addr. 'SIR 1o'ry Oa
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Account HELLER EUGENEA F LaO LRescription
N 6097 NIWOT RD PT Ec�2311 5 3
LONGMON7 Cd 00513 � � TEMPT f1E �
Year District (1 �ELp Odd ;: - _`
2005 1102
Apr Disk ISt
A +
Parcel Number MH Space Sect
0219-23-1-00.005
Street No De Street Name Type Nob
Location CityLocation Zip Acct Type Lagt
WELD 000000000 Agricultural
BACode Owner Id Owner Location Map No
Business Name Y [sroh V Date Time its°° , Appl New Ver ion
20051004000 D4 OCT t04ih 09:45 AM LLE AIMS Am"1005000
($algae l lair hems r Protesr :: TYRE ACTUAL ASSD ACRES SU'F• T
.P aitu; -r Ere/Suc "'i t.nhde+ th "`Permit f LAND 280 $0 2s 050 ,,,,,,::::4:08.;1P!,':'
Mobile ii-r- ( aluc `"``Personal pint 1{50 9 7
F✓hadt 1'Tax Salo . r lii................
j"'Con,4o Sl mt r Cone rol rERecording ....................................',
r Btock Mmes 1�flatoiyGr�` 1 f q T L`dTA0 210
�/ SaleT 1"Srbinr � �td�RO�
P'Misc L Flags r Lxerp} IYri r Sketch NAME rant Yea) Prior Version
r Wait rrk r Tail hg ,F Mtg Track Acct Dhg
Prior Year r• Ne{...Va:rsitin Abatement
Yaffe Sum s Newt Year Characteristics Property Card
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