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HomeMy WebLinkAbout20052213.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0500244 AGAINST LONE PRAIRIE INDUSTRIES AND WILLIAM RISSLER 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, Lone Prairie Industries and William Rissler, VI #0500244, 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, Lone Prairie Industries and William Rissler 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 Lone Prairie Industries and William Rissler 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. 2005-2213 PL0824 1(' fi, 00e— ciev DB�it os`— VIOLATIONS - VI #0500244 - LONE PRAIRIE INDUSTRIES.AND WILLIAM RISSLER 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 4 IE llsa WELD COUNTY, COLORADO Tsai c O>-54e -I William H. Jerke, Chair ;Count ;Gle k to the Board 0� w° F ` EX USED M. . ile, Pr -Tem eputy Clerk to the Board Da 'd E. Long AP OVED AS T / Robert D. Masden my Attorney EXCUSED Glenn Vaad Date of signature: _� 2005-2213 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Lone Prairie Industries/William Rissler Violation: VI-0500244 Mailing Address: 18179 CR 102, Nunn, CO 80648 Situs Address: 51458 CR 33, Nunn, CO 80648 Legal: Part of the N2SW4 of Section 14, T9N, R66W, Weld County, Colorado Location: East of and adjacent to County Road 33, IA mile south of County Road 106 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 0455-14-3-00-003 Acres: 34.5 Certified mail date: July 7, 2005 Received: July 14, 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. CASE HISTORY January 7, 2005 Permit issued and expiration notice signed by William Rissler. June 24, 2005 Notice of expiration letter issued. July 6, 2005 Mr. Rissler was in the office and spoke with Roger Vigil, Building Official, to request an extension on his building permit. He was told that no extensions are granted on permits for mobile/manufactured homes and the case would be scheduled at the next BOCC Hearing. July 7, 2005 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. 2005-2213 a DEPARTML,eT OF PLANNING SERVICES Kirt Building Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 pgregonj@co.weld.co.us C. Phone (970) Fax70) Ext. 3568 Fax: (970) 30 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 July 7, 2005 Lone Prairie Industries 18179 CR 102 Nunn CO 80649 Subject: VI-0500244, Part of the N2SW4 of Section 14, T9N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Rissler: 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 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 29-7-130 "Certificate of Occupancy." To bring your property into compliance: All inspections shall be completed and a certificate of occupancy issued on Permit Number PRN-043115 for a 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. ely, Put Peg regory Building Compliance Officer pc: VI-0500244 PRN-043115 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal Service.„ r CERTIFIED MAIL. RECEIPT In (Domestic Mail Only;No Insurance Coverage Provided) ru F r •slivery int•rmati•n visit ur we•site at www.us•s.c me, p t _ wm 1/2w trt ..w., N Postage $ m p Certified Fee p Postmark Return ReceiptFee Here (Endorsement Required) O Restricted Delivery Fee D, (Endorsement Required) C) ru Total Postage&Fees 7 O ant To C LONE PRAIRIE INDUSTRIES f` Threat.Apt No.; or PO Box No. 18179 CR 102 City,erase,NUNN CO 80649 PS Form 3800,June 2002 See Reverse for Instructions SEN�E': C•M•LETSTHISSECTI•N C•M•LETETHISSEC7l•N •N •ELIVE•Y ■ Complete items 1,2,and 3.Also complete A. Signature �, item 4 if Restricted Delivery is desired. X j A J' " 0 Agent • Print your name and address on the reverse " ❑Addressee so that we can return the card to you. B. Received by(P kited Name) C. Da =of D-livery • Attach this card to the back of the mailpiece, or on the front if space permits. + i / . 0 T •. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No LONE PRAIRIE INDUSTRIES • 181?79 CR 102 NUNN CO 80649 3. Service Type Ca Certified Mail 0 Express Mall ❑Registered 0 Retum Receipt for Merchandise ❑Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. (Transfer Number from service Mr 7004 2890 0003 5709 2554 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 6 DEPARTMENT OF PLAN NING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street ' Greeley, CO 80631 pgregory@co.weld.co.us C. Phone: (970) 353-6100, Ext. 3568 Fax: (970) 304-6498 COLORADO SOUTHW EST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720)652-4211 June 24, 2005 Lone Prairie Industries ' 18179 CR 102 Nunn CO 80648 Subject: Permit#PRN-043115—Part of the N2SW4 of Section 14, T9N, R66W of the 6th P.M., Weld County, Colorado This notice is to remind you that the above noted permit for a manufactured home at 51458 County Road 33 will expire on July 6,2005. 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. �ely Peggy Gregory Q (/ Building Compliance pc: PRN-043115 SERVICE,TEAMWORK,INTEGRITY,QUALITY (1 . a DEPARTMENT OF BUILDING INSPECTION PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 WEBSITE: www.co.weld.co.us Wil ' 918 10TH STREET C. GREELLO, COLOGMONRDO 80631 T CO 80504 COLORADO 614,5116 Building permit PQN for a factory-built/manufactu�r]ed/mobile home at51L1- 513 C133is being issued on 0 I t 0 i `6 5 . 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 67 ` 00.05 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. Res ectfully, Roger Vigil Building Official tarSigned: /�. -n ,'�'+-Uoo Relationship to Property Owner: A c cc: Building Compliance Officer Office T h 07.)/-) Building Permit File Date Recap I II 11111111111111111111111111 III 11111 Illi III 3243642 12/13/2004 03:09P Weld County, CO Recorder 542. 1 of 1 R 8.00 D 0.00 Steve Moreno Clerk&Recorder QUITCLAIM DEED THIS DEED,Made this 23rd day of November ,Nt(200,4 between Charles McFarlin of the 'County of Weld and State of Colorado,gratitude).and Lone Prairie Industries Inc. whose legal address is 18179 WCR 102, Nunn co So&te of the County of We 1 d and State of Colorado,grantee(s), WITNESSETH,That the gnmtor(sl,for and in consideration of the sum of Fair Trade Dollars the receipt and sufficiency of which is hereby acknowledged,has remised,rele„sed,sold and QUITCLAIMED,and by these presents do remise,release,sell and QUITCLAIM unto the grantce(s), heirs,successors and assigns, forever,all the right,title,interest,claim and demand which the grantors)ha in and to the real properly,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. 0455-14-3-RE-3945 being a portion of the N1/2 of the SW1/4 of Section 14, Township 9 North, Range 66 West of the 6th P.M. as per the plat recorded November 22, 2004 at Reception No. 3237373, County of Weld, State of Colorado also known by street and number as: Vacant Land, Nunn, CO 80648 assessor's 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(s),either in law or equity, to the only proper use,benefit and behoof of the grantee(s) heirs and assigns forever. WHEREOF,I IN WITNESS WHEREOF,The grantor(s)ha 5 executed this deed on the date act forth above . Charles McFarlin STATE OF COLORADO, ac County Weld The foregoing instrument was acknowledged before me this 23rd day of November $1';'004, by Charles Mc Farl in My commission expires 11-09-200 Witness my hand and official seal. SP!..? .!h. toTARy'AS Navy Public N`• 2a06LiC;,'8 'If in Denver,insert"City and". 4,.• Noronha Antes of Pena Cmu W Newly Qv,N LYl Dunipun If 5&35-IM.5,CAS) se9lltt,I,gv' No .4-94. gtamwtM DEED a &More Publishing 170 War=SI..Dower.CO 80202-(3031:92.1500-944 Hello