HomeMy WebLinkAbout20051697.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0400140
AGAINST RAFAEL GONZALEZ 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, Rafael Gonzalez, VI #0400140, 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 14th day of June, 2005, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Rafael Gonzalez was 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 Rafael Gonzalez 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.
2005-1697
/� PL0824
�C' : PL' /IPA-, 04 pyO'� 0S�
VIOLATIONS - VI #0400140 - RAFAEL GONZALEZ
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 14th day of June, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
��a WELD COUNTY, COLORADO
111111-14
sei (' William H. ke, Chair
y el.F o Jerk to the Board
r
,.e ,,..
. J. e, r - em
: By:
eputy Cler c to the Board
Da ' E. Long �`
AP AST __
Robe DD. Masden•
u y ttorney
Glenn Vaad --�
Date of signature:
2005-1697
PL0824
Weld County Violation Summary
Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Rafael Gonzalez
Violation: VI-0400140
Owner's Address: 100 South Newland Street, Briggsdale, CO 80226
Situs Address: 49590 County Road 96, Roggen CO 80611
Legal: The E2NE4/E2W2NE4 of Section 8, T8N, R60W of the 6th P.M., Weld County Colorado
Location: South of and adjacent to County Road 96 and west of and adjacent to County Road 101
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Agricultural property
Parcel Number: 0541-08-1-00-003 Acres: 116.83
Certified mail date: May 24, 2005 Received: May 27, 2005
Currently the property is in violation of:
Chapter 29, Article VIII, Section 29-8-40
REMEDY
To bring the property into compliance, the mobile home shall be demolished and a final inspection completed.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for
immediate action.
CASE HISTORY
June 29, 2004 30-day violation letter issued.
August 12, 2004 "Stop Work Order" issued by inspector for mobile home installed without a permit.
August 16, 2004 Property owner was in the office to explore his options for the mobile home. He decided
to demolish the mobile home.
September 22, 2004 10-day letter to send payment for demolition permit.
October 26, 2005 Demolition permit issued.
February 18, 2005 Site inspection performed by building inspector, mobile home not being dismantled.
April 28, 2005 10-day expiration letter mailed.
May 20, 2005 Site inspection, mobile home still on site.
May 24, 2005 Certified letter indicating the violation case is scheduled before the Board of County
Commissioners.
2005-1697
DEPARTMtWIT OF PLANNING SERVICES
(ei
Building Compliance Division
NORTH OFFICE
918 10th Street
' Greeley, CO 80631
pgregory@co.weld.co.us
CPhone (970) 353-6100, Ext. 3568
O Fax: 30(970) 304-6498
COLORADO SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
Phone: (970) 652-4210, Ext. 8730
Fax: (720)652-4211
May 24, 2005
Rafael Gonzalez
100 S Newland ST
Lakewood CO 80226
Subject: VI-0400140, The E2NE4/E2S2NE4 of Section 8, T8N, R60W of the 6th P.M.,
Weld County, Colorado
Dear Mr. Gonzalez:
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 June 14, 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:
Section 29-8-40 "Expiration of Permit."
To bring your property into compliance:
The mobile home shall be demolished and a final inspection completed.
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.
c- -1y,
Si-p�r
Peg y Vregory "
Building Compliance Officer
pc: VI-0400140
BCN-040486
SERVICE,TEAMWORK,INTEGRITY,QUALITY
U.S. Postal Servicetu
CERTIFIED MAIL. RECEIPT
r (Domestic Mail Only;No Insurance Coverage Provided)
F•r•eiivery mt•rmati•n visit ur we•site at www.us sc
F .y ' it
Postage $
C O Certified Fee
Postmark
O Return Redept Fee Here
O (Endorsement Required)
Restricted
Required)
Fee
(Endorsement
red) -
o
Total Postage 8 Fees $
I,•1
0
o RAFAEL GONZALEZ
r` Throat.Apt.No.;
100 S NEWLAND ST
of p0 Box No.
ay.State,nP< LAKEWOOD CO 80226
PS Form 3800,June 2002
See Reverse for Instructions
SEN a E': C e M'LETE THIS SECTI a N
C s M'LETE THIS SECTI•N eN IELIVE•Y
fl • A
• Complete items 1,2,and 3.Also complete A. Signature,,... _ gem
Rem 4 if Restricted Delivery is desired. X / ❑Addressee
• Print your name and address on the reverse
so that we can return the card to you. •-.:Ned by nted, _) C. Data f Dw
oy
• Attach this card to the back of the mailpiece, - S
or on the front if space permits. D I.•eiivery address different from item 1? Yes
1. Article Addressed to: If YES,enter delivery address below: O No
RAFAEL GONZALEZ
L-e0 S NEWLAND ST
*LAKEWOOD CO 80226
3. Service Type
02 Certified Mall 0 Express Mail
❑Registered 0 Return Receipt for Merchandise
❑Insured Mall 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7003 1010 0002 8989 4956
(transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt
102595-02-M-1540
ref o
DEPARTMENT OF PLANNING SERVICES
Building Compliance Division
NORTH OFFICE
918 CO10th Street
Greeley, 80631
pgregory@co.weld.co.us
ld.co.us
11 I g 4ePhone: (970) 353-6100, Ext. 3568
• Fax: (970) 304-6498
COLORADO
SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
Phone: (970) 652-4210, Ext. 8730
Fax: (720)652-4211
April 28, 2005
Rafael Gonzalez
100 S Newland ST
Lakewood CO 80226
Subject: Permit# BCN-040486—The E2NE4/E2W2NE4 of Section 8, T8N, R6OW of the 6th P.M.,
Weld County, Colorado
Dear Mr. Gonzalez:
It has come to the attention of the Department of Building Inspection that a permit for demolition of a mobile
home at 49590 County Road 96 was issued on October 26,2004. According to our records,the mobile home
is still on the site and this permit expired on April 26, 2005
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.
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,
CjiM SPeggy G V
Gregory
Building Compliance
pc: BCN-040486
VI-0400140
SERVICE,TEAMWORK,INTEGRITY,QUALITY
DEPARTMENT OF BUILDING INSPECTION
Website: WWW.CO.WELD.CO.US
' E-mail Address: pgregory@co.weld.co.us
918 10th Street, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3568
O Fax: (970)304-6498
•
COLORADO
September 22, 2004
Rafael Gonzalez
100 S Newland ST
Lakewood CO 80226
Subject: VI-0400140—The E2NE4/E2W2NE4 of Section 8, T8N, R60W of the 6'" P.M.,
Weld County, Colorado
Dear Mr. Gonzalez:
Rafael, I spoke with you on August 31, 2004, regarding the demolition permit for the mobile home on the
above described property. You were going to send me a check for$21.00 so we could process the demolition
permit application. To date, I have not received the payment. Please send the check within 10 days from the
date of this letter.
If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in
this matter.
Sincerely,
(5)� UU
Peggy Gregory U U
Building Compliance
pc: VI-0400140
SERVICE.TEAMWORK,INTEGRITY,QUALITY
(r • a -
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
C Fax: (970) 304-6498
•
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
June 29, 2004
Rafael Gonzalez
100 S Newland ST
Lakewood CO 80226
Subject:VI-0400140, the E2NE4/E2W2NE4 of Section 8, T8N, R60W of the 6th P.M.,Weld County, Colorado
Dear Mr. Gonzalez:
It has been determined that the property located at the above noted legal description is currently in violation of
the following Section(s) of the Weld County Code:
Chapter 23,Article III, Div 1 "A (Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right"
Section 23-3-30 "Accessory uses."
Section 23.3-30.F "Mobile home subject to the additional requirements of Article IV,division 3 of
this Chapter."
Chapter 23, Article IV, Div 3 "Mobile Homes"
Section 23-4-130 "Permit requirements."
Section 23-4-140 "Mobile homes permitted in the A Zone District"
Chapter 29,Article VII
Section 29-7-10 "Permit required."
To bring your property into compliance with the Weld County Code:
•
All mobile homes, even if temporarily placed, are required to obtain a Zoning Permit (ZPMH) and a
building permit. This is required for the health, safety and welfare of the residents of Weld County.
For questions, I would suggest you speak to one of"On-Call" Planners. We have two locations open to
the public. Our main office is located at 1555 North 17th Avenue in Greeley. A planner is available on
Mondays and Wednesdays from 8:00 a.m. to 4:00 p.m. and Fridays from 12:30 to 4:00 p.m. The
Southwest Weld Office is located at 4209 County Road 24.5, Longmont,Colorado. A planner is available
at that office on Tuesdays and Thursdays from 8:00 a.m.to 12:30 p.m.and 1:30 p.m.to 4:00 p.m. You do
not need an appointment as individuals are seen on a sign-in basis. To better serve you,please bring
this letter with you.
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 29,
2004, to correct these violations. 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.
Rafael Gonzalez
June 29, 2004
page two
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.
Sincerely,
Peggy Gregory
Building Compliance Officer
pc: VI-0400140
Roger Vigil, Building Official
Bethany Salzman, Zoning Compliance Officer
1 ✓ I
02-17-2005 Inspection Request Reporting Page 17
4:18 pm WeIli f.nunty-Cn
Requested Inspect Date: Friday, February 18,2005
Inspection Area: B4
Site Address: 49590 CR 96 WE
49590 CR 9& J\
A/P/D Information -
Activity BCN-040486 Type: NN1BLDG Sub Type: SDEM Status: ISSUED
Const Type Occupancy: Use: B Insp Area: B4
Parcel 0541-08-1-00-003
Applicant O GONZALEZ RAFAEL Phone: 720-201-5091 CELL
Contractor Otr OWNER Phone: 720-201-5091
Description DEMOLITION OF AN EXISTING MOBILE HOME - BY OWNER/NO ASBESTOS LETTER REQUIRED
REF VI-0400140
Requested Inspection(s1
Item 1028 PROGRESS Requested Time 08:00 AM
Requestor PER ROGER Phone
Assigned To84 Entered By BJMOORE K
Action
Time Exp:
Al O c n Q F ant f ny el m qnt/1 csf.
Inspection History
4'
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ry 6rp)
Co no 1- c-ct !I i i I.t Os m 155;ev, iPri4V;o v,s/y
REPT131 Run Id: 9449
WELD COUNTY
BUILDING INSPECTION
�I CORRECTION NOTICE
T NUMBER: IP y° ?La_
f�j�
PAGE OF
OWNER: c��R-Q-1 �}'��� /�/C n
=RTY ADDRESS/LEGAL E Z b1/ f2s wA Z) 0
1 /
:TIONS OF THIS STRUCTURE REVEALED THAT THE FOLLOWING IS NOT IN
_IANCE WITH THE WELD COUNTY BUILDING CODE ORDINANCE. �/
11-12rnni , LQ ! aim on This froprr
be Q I hsfia IUR, d w;411, nu r a tt rm,T
Is k viol cf;on dr c4)kld.
u h ry CO c1.k c (chap r n)
s �no Ivnr orr�� r� I' 7 IBS
sting jISo (4 F + S q5.54i c
RRECTIONS MUST BE MADE BEFORE:
:INSPECTION REQUIRED. WHEN CORRECTIONS ARE MADE, PLEASE CALL FOR
'ECTION. (970)356-8016 OR 1-800-234-2534.
NSPECTION FEE REQUIRED BEFORE THE NEXT INSPECTION.
S PERMIT EXPIRES ON:
TOR DATE S" )R.�
IF YOU WISH TO SPEAK TO AN INSPECTOR,CALL:
(970)353-6100, ExT.3540,BETWEEN 7:30 A.M.AND 8:30 A.M.
DO NOT REMOVE THIS CORRECTION NOTICE
•
111111111111111111111111111111111111111 III nit Iiii2 Ilfl
1 of 90 2 A 10.00 D 4.50 Weld
3 20 2JA Suld Counly CO Namato
213 WARRANTY DEED
THIS DEED, Made thin 5th day of November, 2001 between
The Ronald W. Thomas and Raymond Wayne Thomas Charitable Remainder Annuity, a Trust, a
trust and Colin P. Lindsey
of the County of Weld. and
State of Colorado, grantor, and
Rafael Gonzalez N6w1.5-11C1
whose legal address is 100 South Neaiad Street, Lakewood, Colorado 80226
of the County of Jefferson and State of Colorado, grantees:
wITNESBETH, That the grantor for and in consideration of the sum of FORTY FIVE
THOUSAND AND 00/100, (445,000.00) 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
h\f being in the County of Wald and State of Colorado, described as follows:
/0
The E1/2NE1/4 and the E1/2 W1/2NE1/4 of Section 8, Township 8 North, Range 60 West of
the 6th P.M., County of Weld, State of Colorado.
TOGETHER WITH WELL Permit #gjfjg);
also known by street and number as TED WCR 96, Briggsdale, Colorado
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 'rawer, except
general taxes for 2001 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
Subject property is restricted by the use of single wide modile homes as a permanent
residence. Single wide trailers or recreational vehicles may be used as temporary
residence during the construction of permanent residence, subject to Weld County Rules
and Regulations
The grantor shall and will WARRANT AND FOREVER DEPEND 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.
The old W. Thomas and Raymond Wayne
Thdma Charitable Remainder Annuity, a
✓ ( st a trus/y
Colin P. Lindae BY
J m Webster, Trustee
STATE OF COLORADO ]
•
) ss. The foreg ing instrument was acknowledged before
County ofibeft. Id ) me this 5th day of November, 2001
by The Ronald W. Thomas and Raymond Wayne Thomas Charitable Remainder Annuity, a
Trust, a trust
Witness hand and //off' i 1 seal.B My co S=°Lei
O'�aAY'PG �
! 4•
S i NOTARY PUBLIC
f DARELLA LI i
No. 932A. Rev. 7-1' ' BL0CH 'o
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2900213 11/14/2001 10:20A JA Sukl Tsukemoto
2 of 2 R 10.00 0 4.60 Weld County CO
STATE OF Kansas
es.
COUNTY OF Johnson
The foregoing instrument was acknowledged before me this day
of November, 2001 by Colin P. Lindsey
Witness my hand and official seal.
SHERRI A.McCONNELL My commission expires: I0-I4. 3005
NOTARY PUBLIC
STATE OF KANSAS Sq
Mr sPPNNmwI awes IO 19.1co9 r- � V'NOTARY PUBLIC
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WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1378602 Parcel*: 054108100003
nm'neae. ,gnue :emtx...-oc-rw.x..n:..,==•,•,•.=sto...eu.wu~44.4amat6:!z. ,I=T 20E-
Tax Area: 1007 Bordering County:
Acres: 116.83
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
08 - 60 - 08 - 1 - -
�aea*au. .yaan,r«.arosro.6..gw. .,..ranuur_uxuu'xnwarru-rsc^r +.uxc+++.xu.¢... _.aw.
Owners Name,&Address: Property Address:
GONZALEZ RAFAEL Street:WELD
100 S NEWLAND ST City: WELD
LAKEWOOD, CO 80226
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception#.
11/5/2001 $45,000 WD 2900213
Legal Description
E2NE4/E2W2NE4 8-8-60 (3.17R) SITUS: WELD
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Agricultural 4147 Acres 116.83
Land Subtotal: 116.83 $1,284 $370
No Buildings on Parcel
http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=05410... 05/07/2004
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