The URL can be used to link to this page

Browse Search

Home My WebLink About20051951.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CHARLES HULL AND BONNIE MOREY 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, Charles Hull and Bonnie Morey, VI #0400209, 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 12th day of July, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Charles Hull and Bonnie Morey 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 August 12, 2005, to allow adequate time for the Building Permit to be amended and all inspections to be completed by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0400209 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Charles Hull and Bonnie Morey 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 August 12, 2005, to allow adequate time for the Building Permit to be amended and all inspections to be completed to bring the subject property into compliance. 2005-1951 PL0824 (0 : Pi•, V O O9 -aoz OS- VIOLATIONS - VI #0400209 - CHARLES HULL AND BONNIE MOREY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of July, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: i77tedi � IEta�� EXCUSED William H. erke, Chair Weld County Clerk to the `•;- •r 444e. 6 "a' BY: d . J. Geile, Pro Tem Deputy Clerk to the Bo�•, N EXCUSED D id E. Lon O AS TO FO kng)--g Robert . Masden unty A for - Stui AAA Glenn Vaad Date of signature: 7/� 2005-1951 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Charles E Hull and Bonnie Morey Violation: VI-0400209 Address: 6837 County Road 49, Hudson, CO 80642 Legal: Part of the NE4 of Section 36, T2N, R65W of the 6`" P.M., Weld County, Colorado Location: South and east of 1-76 and west of the intersection of County Roads 16 and 49 North: Town of Hudson property South: Agricultural property East: Agricultural property West: Town of Hudson property Parcel Number: 1307-36-1-00-015 Acres: 4.73 Certified mail date: June 15, 2005 Received: June 24, 2005 Currently the property is in violation of: Chapter 29, Article VIII, Section 29-8-40 REMEDY To bring the property into compliance, the permit shall be amended to include all aspects of the project, all inspections shall be completed and a certificate of occupancy issued. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney but delay action for 30 days to allow Mr. Hull time to either get a new permit or amend the existing permit and pay the appropriate fees. CASE HISTORY July 2, 2004 10-day compliance letter issued. July 21, 2004 30-day violation letter issued. July 22, 2004 Telephone call from Mr. Hull, he has a broken elbow and is unable to make any progress on his permit. January 27 2005 10-day compliance letter issued. February 8, 2005 Telephone call from Mr. Hull, he will request an extension. February 23, 2005 10-day letter to schedule inspection or request an extension. March 8, 2005 Received extension request. 2005-1951 VI-0400209 Violation Summary page two March 9, 2005 Inspection scheduled, unable to document progress. March 10, 2005 3-month extension approved by the building official, letter to owner advising of extension approval providing an approved inspection be completed by June 10, 2005, and steady progress documented thereafter. April 4, 2005 Inspection scheduled - partial approval of the exterior sheathing. May 4, 2005 Inspection scheduled, working slowly. June 15, 2005 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. June 28, 2005 Inspector on site, noted small amount of progress. Telephone call from Mr. Hull, he will be unable to attend the violation hearing as he will be having surgery for a broken arm. 0 DEPARTMENT 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 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 June 15, 2005 Charles E Hull and Bonnie Morey 6837 CR 49 Hudson CO 80642 Subject: VI-0400209, Part of the NE4 of Section 36, T2N, R65W of the 6th P.M., Weld County, Colorado Dear Mr Hull and Ms. Morey: The property referenced above remains in violation of Chapter 29 of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on July 12, 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 VIII "Permit Provisions" Section 29-8-40 "Expiration of Permit." To bring your property into compliance: All inspections shall be completed on Permit Number BCS-020673 and a Certificate of Occupancy issued. 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. ely, A.Peggregory Ct y G Building Compliance Officer pc: VI-0400209 BCS-020673 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal Servicem r CERTIFIED MAIL.:, RECEIPT o (Domestic Mail Only;No Insurance Coverage Provided) U, F.r.elivery inf.rmati.n visit .ur we.site at www.us.s.c.mw Er OFFICIAL USE D" Postage $ rU CI Certified Fee o Postmark er Return Raciest Fee Here (Endorsement Required) CI Restricted Delivery Fee rR (Endorsement Required) O Total Postage S Fees $ m o Sent To o CHARLES E HULL & BONNIE MOREY f`- 'Threw,As No.; or PO Box No. 6837 CR 49 City,State,ZIP+4 HUDSON CO 80642 PS Form 3800.June 2002 See Reverse for Instructions SEN'E': C�M•LETE THIS SECTI eN C•M•LETE THIS SECTI•N eN CEIJVE•Y • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. CI Agent • Print your name and address on the reverse X Z� ❑Addressee so 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. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No CHARLES E HULL BONNIE MOREY 6837 CR 49 HUDSON CO 80642 3. Service Type Certified Mail 0 Express Mail 0 Registered 0 Retum Receipt for Merchandise 0 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7003 1010 0002 8989 5076 (Transfer from service l PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-t540 rs DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us WI I D 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 O Fax: (970) 304-6498 COLORADO March 10, 2005 Charles E Hull and Bonnie Morey 6837 CR 49 Hudson CO 80642 Subject: Permit# BCS-020673—Part of the NE4 of Section 36, T2N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. Hull and Ms. Morey: Your request for an extension on the above noted building permit was received in our office on March 8,2005. Roger Vigil, Building Official, has reviewed the information submitted by Dave Williamson,building inspector, plus the progress that has been made on the structure since the original permit was issued in December, 1998. He has granted a three month extension with the condition that there be an approved inspection by June 10, 2005,with steady progress that can be documented until all inspections have been completed and you have been issued a certificate of occupancy. It is my understanding that an inspection is scheduled for April 4, 2005, at which time the inspector will determine what progress, if any, has been made. If the above conditions are not met, it will be necessary to obtain a new building permit and pay the associated fees as well as the Road Impact Fee of$1,987.00. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. SCierincerely, V gt been Peggy Gregory Building Compliance pc: BCS-020673 VI-0400209 Roger Vigil, Building Official David Williamson, Building Inspector SERVICE,TEAMWORK,INTEGRITY,QUALITY Weld County Planning Department CPE-'-`,r orp c Weld County Building Department MAR S 2005 Attention: Peggy Gregory RECEIVED As we had spoken on phone I said I would write a letter as to the current problems. On July 13 2004, I took a fall it turned to be very serious. I have had three different surgeries spent a lot of time in therapy. I lost seven mounts of wages, I have drawn over $34,000 out of savings & have over$12,000 in copy& out of pocket with our insurance company. We have tried several times to refinance our home & always hit the same PROBLEM, the house is listed as a mobile Home so no one wants to loan money to us. The on going problem is we can not get a loan to finish our home all we can do is finish our home with any extra money we can spare. We continue to improve as we can, but with very limited income, it will take a lot of time. .(2 L G c! h fp frui - )67 Li I to'tin; II 5 a (in 3 S I ° _ a At DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US Willie E-mail Address: pgregory@co.weld.co.us 918 10th Street, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 Fax: (970)304-6498 COLORADO February 23, 2005 Charles E Hull and Bonnie Morey 6837 CR 49 Hudson CO 80642 Subject: Permit# BCS-020673—Part of the NE4 of Section 36, T2N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. Hull and Ms. Morey: On February 8, 2005, you called stating you needed to request an extension for the above noted building permit to remodel an existing mobile home. To date, we have not received that request and the permit remains in violation. Please keep in mind that this is the second permit for this project as the original permit was issued in 2000. 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. Sin rely, ne- Peggy Gregory Building Compliance pc: BCS-020673 VI-0400209 SERVICE.TEAMWORK,INTEGRITY,QUALITY tots DEPARTMENT OF BUILDING INSPECTION (71: Website: WWW.CO.WELD.CO.US I C E-mail Address: pgregory@co.weld.co.us 918 10th Street, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO January 27, 2005 Charles E Hull and Bonnie Morey 6837 CR 49 Hudson CO 80642 Subject: Permit# BCS-020673 —Part of the NE4 of Section 36, T2N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. Hull and Ms. Morey: It has come to the attention of the Department of Building Inspection that a permit to remodel an existing mobile home at 6837 County Road 49 was issued on June 23, 2003. According to our records, this permit expired on January 22, 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, QtA may t% 0 Peggy Gregory Building Compliance pc: BCS-020673 VI-0400209 SERVICE,TEAMWORK,INTEGRITY,QUALITY (ice DEPARTMENT OF BUILDING INSPECTION Code Compliance Division 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. 3568 Q Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE July 21, 2004 Charles E Hull and Bonnie Morey 6837 CR 49 Hudson CO 80642 Subject: vi-0400209, Part of the NE4 of Section 36, T2N, R65W of the 6'h P.M., Weld County, Colorado Dear Mr. Hull and Ms. Morey: It has been determined that the property located at 6837 County Road 49 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: All necessary inspections shall be completed and the permit for a remodel of the existing mobile home 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 July 21, 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. (fate5ely, Peegoy Building Compliance Officer pc: BCS-020673 VI-0400209 tir: DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US C ' E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO July 2, 2004 Charles E Hull and Bonnie Morey 6837 CR 49 Hudson CO 80642 Subject: Permit# BCS-020673— Part of the NE4 of Section 36, T2N, R65W of the 6'h P.M., Weld County, Colorado - Dear Mr. Hull and Ms. Morey: It has come to the attention of the Department of Building Inspection that a permit to replace a previous permit for remodel of the mobile home at 6837 County Road 49 was issued on June 23, 2003. 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. 3568. Thank you for your cooperation in this matter. Sincerely, �J LCQ Peggy regory U C1 Building Compliance pc: BCS-020673 • SERVICE,TEAMWORK.INTEGRITY,QUALITY 90(c" 111111111111111111111111111111111111111 I I 11111111111111 26913906-06101.1-1996-09181a Weld-County-CO 1 of 1 R 6.00 D 0.00 JR Suitt Taukempt& WARRANTY DEED THIS DEED, Made this 30th day of April, 1998 between Orville R. Hull and Helen L. Hull of the County of Weld and State of Colorado, grantor, and Charles E. Hull and Bonnie L. Morey whose legal address is 200 North 35th Avenue #88, Greeley, Colorado 80634 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sun of $10.00, ($10.00) 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 grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot A of Recorded Exemption No. 1307-36-1-RE2113, recorded March 25, 1998 as Reception No. 2601658, being a part of the NE1/4 of Section 36, Township 2 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as 6837 WCRd 49, Hudson, Colorado 80642 TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seised 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 aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, , encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1998 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable po ion of the grantees, their 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. 74/1,eaR -a Orville R. Hull 10O0/LatL� Helen L. Hu STATE OF COLORADO ) se. The foregoing instrument was acknowledged before County of Weld } me this 30th day of April, 1998 by Orville R. Hull and Hull 06 Witness my hand and official seal. �fl?/•'AM" My commission expires /a-/(o-.'O20 terns 4ffr p �i p�ti O ! l/EG9L PU7 N Y BLIC f 1113 Tenth Av ue NC. 921A. Rev. 3-8R �`_r Greeley, COLORADO- 80631 m \\// \m# ~ \» ,i,„.34.,„1„,,,,.« �. «w \ 2�� ^ , ` i\ d � A� \+ , G § } / /\ ! ( , : . ,> q < ? 54 . , »? , w \ rr- © � ? y\ »: . \\\> » til . } \ \/\« . . . � \ . \ \( \4\/ | \ \ ( . ? \ /\ » }/ \ «R9 te ( li } < ' ) » w\ 2\? \ - ; � ( : ) : , -' « : /\ « \6 2» > a ` , } « » \\ 440: i 44 ' f\y . v �r � L m ^ y .'j� uY�iCt3)t31.'L4„�e-Aa%C#t • • ibiz � x511 pair, - 'y`p5�Yr {1 ry g t � 4 1 12005 v K upa".. Q. s a .. �3 / r St;w / 4 iik -:'" 06/28/2005 Hello