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Home My WebLink About20052209.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST LUCIO AND JENNIE SANTOS 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, Lucio and Jennie Santos, VI #0400170, 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 9th day of August, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Lucio and Jennie Santos 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 September 9, 2005, to allow adequate time for the property owners to restore, remove, or screen the noncommercial junkyard from all adjacent properties and public rights-of-way, to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0400170 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Lucio and Jennie Santos 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 September 9, 2005, to allow adequate time for the property owners to restore, remove, or screen the noncommercial junkyard from all adjacent properties and public rights-of-way, to bring the subject property into compliance. 2005-2209 PL0824 fir ' AL vide— p8--�Q VIOLATIONS - VI #0400170 - LUCIO AND JENNIE SANTOS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of August, A.D., 2005. /�� BOARD OF COUNTY COMMISSIONERS �� WELD COUNTY, COLORADO ;1i , William H. Jerke, Chair \s6t f i . Td vn _cI rk to the Board e, q EXCUSED el tShe le, Pro-Tem Board vid E. Long APP,OC% D AS TO FO Robert D. Masd n rift' rney EXCUSED Glenn Vaad Date of signature: 97/05— 2005-2209 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Lucio and Jennie C Santos Violation: VI-0400170 Address: 7217 Henry ST, Fort Lupton, CO 80621 Legal: Lot 8, Block 52, Aristocrat Ranchettes, Weld County Colorado Location: North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1309-27-4-12-002 Acres: 1.74 Certified mail date: July 21, 2005 Received: July 25, 2005 Currently the property is in violation of: Chapter 29, Article VII, Sections 29-7-30.F and 29-7-130 Chapter 23, Article III, Division 1, Sections 23-3-20, 23-3-30, 23-3-30.1 REMEDY To bring the property into compliance, all inspections shall be completed on the permit to attach a mobile home to an existing mobile home, the mobile homes shall be removed or demolished, or a new permit shall be obtained. The"noncommercial junkyard"shall be restored, removed or screened from all adjacent properties and public rights-of-way. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action. CASE HISTORY May 13, 2003 10-day expiration letter issued. November 18, 2003 10-day expiration letter issued. December 23, 2003 Phone call from property owner, will make corrections and call for inspections. Also is working to clean up the property. June 3, 2004 10-day expiration letter issued. June 15, 2004 30-day violation letter issued. December 13, 2004 30-day violation letter issued. June 28, 2005 10-day letter addressing building permit and non-commercial junkyard. July 21, 2005 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. July 28, 2005 Phone call from property owner. She will be unable to attend the hearing as she is unable to drive, inspections were scheduled. 2005-2209 DEPARTMtnIT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 WIlipgregory@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 July 21, 2005 Lucio and Jennie C Santos 7217 Henry ST Fort Lupton CO 80621 Subject: VI-0400170, Lot 8, Block 52, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. and Mrs. Santos: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on August 9,2005, 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 VII "Mobile, Manufactured or Factory-Built Home Permits" Section 29-7-30.F "Construction and all required inspections shall be completed and finalized within one(1) year from the date of issuance of the building permit." Section 29-7-130 "Certificate of occupancy." Chapter 23,Article Ill, Division 1 "A (Agricultural) Zone District" Section 23-3-20 "Uses allowed by right" Section 23-3-30 "Accessory uses." Section 23-3-30.1 "Noncommercial junkyard." To bring your property into compliance: ▪ Building permit number BC-9901167 has expired; therefore,the mobile homes shall be removed or demolished or a new building permit shall be obtained. ▪ The"noncommercial junkyard"consisting of derelict vehicles,wood,trash,buckets, iron/metal, cinder blocks and miscellaneous debris shall be restored, removed, or screened from all adjacent properties and public rights-of-way. 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. U.S. Postal ServiceTM CERTIFIED MAIL, RECEIPT N(Domestic Mail Only;No Insurance Coverage Provided) ru F.r•elivery inf rmati•ii visit ur we•site at www.us s.c rrrs 1/1 Postage $ m O Certified Fee O O Return Receipt Fee Postmark (Endorsement Required) Hera Restricted Delivery Fee ru (Endorsement Required) N Total Postage&Fees o Sent To O LUCID & JENNIE C SANTOS r- Street,Apt.No.; or PO Sox No. 7217 HENRY ST City,State,ZIP+4 FORT LUPTON CO 80621 PS Form 3800,June 2002 See Reverse for Instructions SENIE': CeM'LETETHISSECT/•N C•M•LETETHISSECTHNSN'ELIVE•Y ■ 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 _X ` Agent so that we can return the card to you. �� -� �. ' Addressee • Attach this card to the back of the mailpiece, B. starved by(Pri^ted Name) C ve or on the front if space permits• , ry 1. Article Addressed to: D. Is delivery address different from Item 1? 0 Yes If YES,enter delivery address below: 0 No LUCIO AND JENNIE C SANTOS 7217 HENRY ST FORT LUPTON CO 80621 3. Service Type XXCertified Mall ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service lab 7004 2890 0003 5709 2745 i PS Form 3811,February 2004 Domestic Return Receipt 102sa5-02-M-1540 Lucio and Jennie C Santos July 20, 2005 Page two 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.Si V ely, �-p��. Peegory Building Compliance Officer pc: VI-0400170 BC-9901167 Bethany Salzman, Zoning Compliance Officer SERVICE,TEAMWORK,INTEGRITY,QUALITY 411 DEPARTMENT OF PLANNING SERVICES a Building Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 ' 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: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 August 3, 2005 Lucio and Jennie C Santos 7217 Henry ST Fort Lupton CO 80621 Subject: Permit# BC-9901167—Lot 8, Block 52, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. and Mrs. Santos: I have previously contacted you regarding the above noted permit to attach a mobile home to an existing mobile home. The Weld County Code states that permits for the connection of two mobile or manufactured homes shall be completed and finalized within one year for the date of issue. This permit was issued on January 25,2005, so is now over 5 years old and there are still numerous inspections to be completed. It will be necessary to submit an application and pay the fees for a new permit to complete the inspections. I have enclosed a building permit application for your convenience. It has also come to the attention of the Department of Planning Services that a "Noncommercial Junkyard" exists on your property consisting of derelict vehicles, wood, trash, buckets, iron/metal, cinder blocks and miscellaneous debris. Please be advised that your property is zoned"Agricultural"and this would be a"Use by Right"; however, the code further states that it shall be screened from all adjacent properties and public rights-of-way. Therefore, the "Noncommercial Junkyard" shall be restored, removed or screened from all adjacent properties and public rights-of-way. To avoid violation action, the permit application for a new building permit shall be submitted within 10 days from the date of this letter. The"Noncommercial Junkyard" shall also be addressed as stated above. Should you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, Peggy Gregory Building Compliance pc: BC-9901167 VI-0400170 SERVICE.TEAMWORK,INTEGRITY,QUALITY P 4(14 St i III I II"--..*.4 4..a DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US I E-mail Address: pgregory@co.weld.co.us C I918 0th Stree(970) 353-610 CO 83561 WI O Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE December 13, 2004 Lucio and Jennie C Santos 7217 Henry ST Fort Lupton CO 80621 Subject: VI-0400170, Lot 8, Block 52, Aristocrat Ranchettes #2, Weld County, Colorado Dear Mr. and Mrs. Santos: It has been determined that the property located at 7217 Henry Street is currently in violation of the following Section of the Weld County Code: Article VII,Section 29-7-30.F of the Weld County Code states that construction and all required inspections for connection of two mobile or manufactured homes shall be completed and finalized within one(1)year from the date of issuance of the building permit. To bring your property into compliance with the Weld County Code: All necessary inspections shall be completed and the permit to attach a mobile home to the existing mobile shall have final approval by January 14,2005,or this permit will expire and it will be necessary to obtain a new building permit and pay the applicable fees. 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. 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. einrely, /I•• Ary / Peggy Gregory Building Compliance Officer pc: BC-9901167 VI-0400170 a rie DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.00.US E-mail Address: pgregory@co.weld.co.us WI 1555 N. 17th Avenue, Greeley, CO 80631 IC • Phone: (970) 353-6100, Ext. 3568 Fax: (9(970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE June 15, 2004 Lucio and Jennie C Santos 7217 Henry ST Fort Lupton CO 80621 Subject: VI-0400170, Lot 8, Block 52, Aristocrat Ranchettes #2, Weld County, Colorado Dear Mr. and Mrs. Santos: It has been determined that the property located at 7217 Henry Street is currently in violation of the following Section(s) of the Weld County Code: Article VII, Section 29-7-3.F of the Weld County Code states that construction and all required inspections for connection of two mobile or manufactured homes shall be completed and finalized within one(1)year from the date of issuance of the building permit. To bring your property into compliance with the Weld County Code: All necessary inspections shall be completed and the permit 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 15, 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. Si rely, /6119 Peggy Gregory Building Compliance Officer pc: BC-9901167 VI-0400170 - a DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us WI C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO June 3, 2004 Jennie C and Lucio Santos 7217 Henry ST Fort Lupton CO 80621 Subject: Permit # BC-9901167— Lot 8, Block 52, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. and Mrs. Santos: It has been 180 days since the last inspection on the above noted permit to connect and remodel two mobile homes at 7217 Henry Street. This permit was issued on January 25, 2000. 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. Sincerely, Pegg I r gory G Building Compliance pc: BC-9901167 • SERVICE.TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US ID E-mail Address: pgregory@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 • COLORADO November 18, 2003 Jennie C and Lucio Santos 7217 Henry ST Fort Lupton CO 80621 Subject: Permit# BC-9901167—Lot 8, Block 52, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. and Mrs. Santos: Your building permit number BC-9901167 has again come up for review as it has been 180 days since the last inspection. This permit is to connect and remodel two mobile homes at 7217 Henry Street and was issued on January 25, 2000. 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. S�JSt Peggy e ory Building Compliance pc: BC-9901167 SERVICE,TEAMWORK,INTEGRITY,QUALITY a 4 DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US Ile E-mail Address: pgregory@co.weld.co.us WI 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO May 13, 2003 Jennie C and Lucio Santos 7217 Henry Street Fort Lupton, CO 80621 Subject: Permit# BC-9901167 - Lot 8, Block 52, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. and Mrs. Santos: It has come to the attention of the Department of Building Inspection that a building permit to connect and remodel two mobile homes at the above address was issued on January 25, 2000. 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, C4/ Peggy Gregory 5 I Building Compliance 4., pc:-BC-9901167 -JA) II SERVICE,TEAMWORK,INTEGRITY,QUALITY ecorded at o'clock UpM., 0i eception Na Recorder QUITCLAIM DEED THIS DEER made this 1 6t day of August ,19 9•j , bd^"re" Lonnie J. smiley and Carolen M. Smiley of the 'County of Weld and State of Co. ,grantor,and -54r,Senn e C. 5.,n}Ds Lucit Sc ,,*, wlwselegaladdressis 7217 Henry St Ft. Lupton, Co. of the County of and State of ,grantees: WITNESS,that the grantor,for and in consideration of the sum of '''h og4,41 )• DOLLARS, the receipt and sufficiency of which is hereby acknowledged,has remised,released,sold and QUITCLAIMED,and by these presents does remise,release,sell and QUITCLAIM unto the grantees,their heirs,successors and assigns forever,not in tenancy in common but us joint tenancy,all the right,title,interest,claim and demand which the grantor has in and to the real property,together with improvements,if any, situate,lying and being in the County of Weld and State of Colorado, described as follows: Lot 8 Block 52, Aristocrat Ranchettes, a part of Section 27, Township 2 north, Range 66 West of the 6th P.M. �/I T�""i _ ' c-2'I,c�. it0 cJl A,t71 2.Ct1- '2f� at-71C"'n a-nd an r if-" A -4-e-art ran -Ekta p ttry.-et_` .. J O 2562482 8-1620 P-464 08/07/1997 04:32P PG I OF 1 REC DOC Weld County CO JA Suki Tsukamoto Clerk S Recorder 6.00 0.80 alto'mourn by street and number u:7217 Henry st. Ft. Lupton, Colorado aascends schedule or parcel number: TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging,or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the grantor,either in law or equity,to the only proper use,benefit and behoofof the grantees,their heirs and assigns forever. The singular number shall include the plural,the plural the singular,and the use of any gender shall be ap icable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date fo above. tliaztAlliar 7117 ii,nt;—4.:77 STATE OF COLORADO ��,, } r0s. County of , /�/// The foregoing instrument wasAc�knnowledged before me this 2 (day of le7 ,19 77, by eniede^7 ''u/'Ly 4'w7o bel)A..•.L X grnic _� Q' J 'f� '. 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