HomeMy WebLinkAbout20053007.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST JASON AND DAWN BIVENS 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, Jason and Dawn Bivens, VI #0500296, 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 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, Jason and Dawn Bivens 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 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 November 11, 2005, to allow adequate time for the property owners 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 #0500296 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Jason and Dawn Bivens 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 November 11, 2005, to allow adequate time for the
property owners to complete all inspections and a Certificate of Occupancy to be issued, to bring
the subject property into compliance.
2005-3007
PL0824
�� p� � UioL, /9-?_,o -o5
VIOLATIONS - VI #0500296 - JASON AND DAWN BIVENS
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: t��,._4 t /�� ++ �� EXCUSED
"` 1 361 I •� 4=; William H. Jer , Chair
Weld County Clerk to 4 B
ile, ro-Tem
BY:
Deer ty Clerko the Board
D ' E. Long ��`
AP O D JAST •
A .**1
Robert D. Masden
ot]i y t orney EXCUSED
Glenn Vaad
Date of signature: 1`11O0
2005-3007
PL0824
•
Weld County Violation Summary
Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Jason E and Dawn J Bivens
Violation: VI-0500296
Address: 56796 CR 23, Carr, CO 80621
Legal: Part of the N2NW4 of Section 24, T10N, R67W, Weld County, Colorado
Location: East of and adjacent to County Road 23, '/.mile North of County Road 114
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Agricultural property
Parcel Number: 0303-24-2-00-012 Acres: 31.28
Certified mail date: August 24, 2005 Received: September 2, 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 manufactured home.
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 23, 2005, and there have been no inspections since May
11, 2005.
CASE HISTORY •
February 24, 2005 Permit issued and expiration notice signed by Dawn Bivens.
August 2, 2005 Notice of expiration letter mailed.
August 24, 2005 Certified letter indicating the violation case is scheduled before the Board of County
Commissioners.
September 2, 2005 Received Return Receipt signed by Dawn Bivens.
2005-3007
DEPARTML,JT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
pgregory@co.weld.co.us
us
WI II
Phone: (970) 353-6100, Ext. 3568
CFax: (970) 304-6498
O SOUTHWEST OFFICE
COLORADO 4209 CR 24.5, Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
August 24, 2005
JASON E & DAWN K BIVENS
56796 CR 23
NUNN CO 80612
Subject: VI.0500296, Part of the N2NW4 of Section 24,T10N, R67W of the 6`"P.M.,Weld County, Colorado
Dear Mr. and Mrs. Bivens:
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 WI "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 issued for the
permit for the manufactured 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.
ppeely,
Ifeivet
Peggy Gregory
Building Compliance Officer
pc: VI-0500296
PRN-053010
SERVICE,TEAMWORK, INTEGRITY,QUALITY
U.S. Postal Servicerh,
Cl CERTIFIED MAILTM RECEIPT
m (Domestic Mail Only;No Insurance Coverage Provided)
m
F r•elvvery inf rmati•n visit•ur we•site at www.us•s.c m�
o ,v I"" ,r .a rhs i k .itnu
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Postage $
m
p Certified Fee
p Postmark
p ReturnReceipt Fee -
(Endorsement Required)
Fee Here
0 Restricted Delivery Fee -
(Endorsement Required)
ru
f1J Total Postage&Fees $
p ant To
N JASON E & DAWN K BIVENS
Sneer,Apt Na;
a°xNo. 56796 CR 23
City,sere,zrP.a NUNN CO 80612
PS Form 3800,June 2002 See Reverse for Instructions
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A Signature
Item 4 If Restricted Delivery is desired. �/�
• Print your name and address on the reverse flat t/l q y' f dry.
so that we can return the card to you. B. Received by(Printed e) C. Date of Delivery
■ Attach this card to the back of the mailpiece, ,! r rI 1311/('Is'
or on the front If space permits. 1x4Ill?/ I
1. Article Addressed to: D. Is delivery address different from kern 1? AsYes
If YES,enter delivery address below: ❑No
JASON E & DAWN K BIVENS 4.7 9(o L k a
Q1UNN�COR280612 rr) (� EV 6a61-
3. Service Type
=Certified Mall ❑Express Mail
❑Registered O Return Receipt for Merchandise
O Insured Mall O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 7004 2890 0003 5709 3353
Maraler from service led
PS Form 3811,February 2004 Domestic Return Receipt 102$95-02-M-1540
Kit . 6.---.N. DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 10th Street
Greeley, CO 80631
will pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Q 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
Jason E and Dawn K Bivens
56796 CR 23
Nunn CO 80612
Subject: Permit# PRN-053010— Part of the N2NW4 of Section 24, T10N, R67W of the 6'h P.M.,
Weld County, Colorado
Dear Mr. and Mrs. Bivens:
This notice is to remind you that the above noted permit for a manufactured home at 56796 County Road 23
will expire on August 23, 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. Please keep in mind that the mobile home used as a temporary during construction shall be
moved within 30 days from the date of certificate of occupancy on the manufactured home.
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.
6)Si ely,
rl-
Peggy Gregory
Building Compliance
pc: PRN-053010
SERVICE,TEAMWORK,INTEGRITY,QUALITY
6 � a
DEPARTMENT OF BUILDING INSPECTION
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
ll WEBSITE: www.co.weld.co.us
918 10TH STREET
C• GREELEY, COLORADO 80631
4209 CR 24.5
LONGMONT CO 80504
COLORADO
Building permit ICI I/.) i# I n for a factory-built/manufactured/mobile
home atC. 6j t /(�Pte( is being issued on C ;LI 'l .
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
O6 ' a3Gs
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.
R ectfully,
Res
LO
RogerVigil-
Building Official} �� /�
e Signed: a,/,e� 0lGke ---
Relationship to Property Owner:
cc: Building Compliance Officer Office TephID
Building Permit File Date ( ) ('
181
QUIT-CLAIM DEED
THIS INDENTURE, made this 22nd day of February , 2005, by and
between Jason E. and Dawn K. Bivens of City of Carr, County of
Weld, State of Colorado , hereinafter referred to as the part of the first party
and Jason E. and Dawn K. Bivens of City of Carr. County of Weld,
State of Colorado , hereinafter referred to as the party of the second part,
WITNESSETH, that the said party of the first part, for and in consideration of One
Dollar($1.00)in hand paid by the said party of the second part, and for other good
and valuable consideration, the receipt whereof is hereby acknowledged, has
remised, released and quit-claimed and by these presents does remise, release and
quit-claim unto the said party of the second part, and its heirs and assigns, forever,
all the right, title, interest, claim and demand which the said party of the first part
has in and to the following described lot,piece or parcel of land to wit:
Lot B, of the North Half, of the Northwest Quarter, of Section 24,
Township 10 North, Range 67, West of the Sixth Principal Median,
County of Weld, State of Colorado
TO HAVE AND TO HOLD THE SAME, together with all and singular, the appurtenaaGes
thereunto belonging or in anywise appertaining,and all the estate, right, title,
interest and claim whatsoever of the said party of the first part, either irr law or
equity, to the only proper use, benefit and belief-ekiMesaid party of the second part
i eirs and assigns, forever. }�J� �
C lUa/V i vC/
ason E. Bivens Dawn K. Bivens
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and
seal the day and year first above written.
Signed, sealed and delivered in the presence of:
�•U NOTARY :y
STATE 0F(O)0.1 rA rS
^^ mauc •
COUNTY OF 14 X -•
T fE FOREGOING INSTRUMENT\was acknovIedged before this,`7 day o
n cCA 205_, by C.w on ( / iY n� Nr iln 31 �� J
J ))
My Commi on E Tres: i'Y rii. . aD t;7
11111111111111111111111111111 Ilil111111III 11111 It IIII
3263181 02/2412005 10:58A Weld County, CO
1 of 1 R 6.00 0 0.00 Steve Moreno Clerk 8 Recorder
1 111111 11111 1111111 11111 III 1111111 II:.:: iii 11111 I IIII
2877466 08/24/2001 11:24A JA Suki Tsukamoto
1 of 1 ft 5.00 0 7.95 Weld County CO
466 ed for record the day of ,A.D. , at o'clock M. RECORDER.I
eption No. By DEPUTY.
WARRANTY DEED bare, 8-02i-o1
THIS DEED, Made on this day of August 10,2001 L.rCJu ,(„ £7,q5
between L.JEAN CHADWICK
of the County of LARIMER and State of Colorado , of the Grantor(s), and
JASON EUGENE BIVENS AND DAWN KAY BIVENS
•
whose legal address is /;,"lit-Je.., &u7U I CL,C�idt, en/(/[1
of the County of 1Orlf2J0/1 a d State of O0 (17211) , of the Grantee(s):
WITNESS, That the Grantor(s), for and in consideration of the sum of ( $79,500.00 ) •
•
***Seventy Nine Thousand Five Hundred and 00/100 *** 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(s), their heirs and assigns forever,
not in tenancy in common but in joint tenancy, all the real property, together with improvements, if any, situate, f
lying and being in the County of WELD and State of Colorado, described as follows:
THE NORTH 1/2 OF THE NW 1/4 OF SECTION 24,TOWNSHIP 10 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY •
OF WELD, STATE OF COLORADO.
•
SELLER RESERVES 49% Ok MINERAL RIGHTS. OWNEp BX SELLER,
also known as street number VACANT LAND-WELD COUNTY RD 23, CARR, CO 80612
TOGETHER with all and singular and 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(s), 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 appurtenances, unto the Grantee(s),
their heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s), their 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,
• SUBJECT TO GENERAL TAXES FOR THE YEAR 2001;AND EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND
RIGHTS OF WAY OF RECORD, IF ANY; AND DISTRIBUTION UTILITY EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC
RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL •
TAXING DISTRICT;AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS, IF ANY.
•
{• The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargainedpremises in thequiet and g peaceable
possession of the Grantee(s), 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, and the plural the singular, and the use of any gender
shall be applicable to all genders.
i IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above.
L. JEANHAI5W[CK�' j•C
�
•
•
•
7. X
STATE OF Colorado )
)ss.
County of LARIMER )
•
The foregoing instrument was acknowledged before e on this day of August 10,2001
by L. JEAN CHADWICK „'• '
•
P Ciro 3°.pJ,A- OC,O ,
My commission ex it /
Witness my hand and fficiMai.' coo...���2 Z0p4 �( � �f �
S�P��° Expa¢speo .♦ L
Notar Publ��i
Kson
3 Name and Address of Person C t$ '*ewly Created Legal Description ( 38-35-106.5, C.R.S.)
Escrow# FC219435 When Recorded Return to: JASON EUGENE BIVENS AND DAWN KAY BIVENS
Title# FC219435 ,
�� ��
: Form No. 921A Rev 4-94. WARRANTY DEED (Joint Tenants WDJT1) • �
viol Y.z9 6
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11258320 N 56796 COUNTY RD 23 '
CARR CO 80612
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56796 23 CR -� -
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WELD 00000 Agricultural � �:€* ae �' -max
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