HomeMy WebLinkAbout20050817.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST TASHA RAE GREENE 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,Tasha Rae Greene, VI #0500332, 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 8th day of November,2005, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS,Tasha Rae Greene 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 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 December 8, 2005, to allow adequate time for the property owner to schedule
all inspections and a Certificate of Occupancy 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 #0500332 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Tasha Rae Greene 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 December 8, 2005, to allow adequate time for the property owner
to schedule all inspections and a Certificate of Occupancy issued to bring the subject property into
compliance.
2005-0817
(11 ; PL, 11/00 PL0824
//X7O--O=
VIOLATIONS - VI #0500332 - TASHA RAE GREENE •
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of November, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
,t .' ;. WELD COUNTY, COLORADO
ATTEST: EL,��� i�� , PZ. s.
�r 1/2
illiam H rke, Chair
Weld County Clerk to the = .�
M. J. le, Pr•-Tem
BY:
D3.utyCI kto the Bo-1�• ' _ -
David E. Long
APP D AS T M: EXCUSED
Robert D. Masd n
ounty Attorney a.e u,t V 02 AL
Glenn Vaad
Date of signature: II IZI Its
•
2005-0817
PL0824
Weld County Violation Summary
Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Tasha Rae Greene
Violation: VI-0500332
Mailing Address: PO Box 335,Ault, CO 80610
Situs Address: 17539 Highway 14, Ault, CO 80610
Legal: Part of the SE4 of Section 12, T7N, R66W of the 6th P.M., Weld County, Colorado
Location: North of and adjacent to Highway 14, 1/2 mile west of County Road 37
North: The property borders Ault on the northeast corner
South: Agricultural property
East: Agricultural property
West: Agricultural property
Parcel Number: 0707-12-0-00-054 Acres: 7.15
Certified mail date: September 26, 2005 Received: October 3, 2005
Currently the property is in violation of:
Chapter 23, Article IV, Division 3, Section 23-4-160
Chapter 29, Article VII, Section 29-7-130
REMEDY
To bring the property into compliance, the mobile home on the property shall be removed and the permit for
the manufactured home shall have all inspections 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 60 days as Ms. Greene has kept in contact with me and is making every effort to resolve the
issues.
CASE HISTORY
June 24, 2005 Letter to remind of expiration date.
July 5, 2005 Phone call from Tasha Greene, she should be done within the next 2-3 weeks.
She has decided not to connect the two homes and will sell the second home.
July 14, 2005 Letter from Tasha Greene regarding circumstances of delay on completing permits.
July 18, 2005 Phone call from Tasha Greene, she is getting bids on the furnace.
July 20, 2005 Phone call from Tasha Greene, the furnace and air conditioner are scheduled to be
installed.
August 11, 2005 Phone call from Tasha Greene, she should be done by 08/31/05.
2005-0817
VI-0500332
Violation Summary
page two
September 6, 2005 Phone call to Tasha Greene, she should be done by 09/09/05. She also has
someone that is taking the second home.
September 13, 2005 Phone message from Tasha Greene. She is working on getting the base coat for
the stucco on.
September 23, 2005 Phone call to Tasha Greene. She has a bid on the stucco and is going to do that
herself. The buyer for the second home backed out.
September 26, 2005 Certified letter indicating the violation case is scheduled before the Board of County
Commissioners.
October 26, 2005 Phone call to Tasha Greene. She has decided not to do the stucco and has bought
siding which she will install herself. The second home will be gone on 10/30/05.
November 1, 2005 Phone message from Tasha Greene. The second manufactured home has been
removed from the property.
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
Fax: (970) 304-6498
Q. SOUTHWEST OFFICE
4209 CR 24.5, Longmont, CO 80504
COLORADO Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
September 26, 2005
TASHA RAE GREENE
PO BOX 335
AULT.CO 80610
Subject: VI-0500332, Part of the SE4 of Section 12, T7N, R66W, of the 6th P.M., Weld County, Colorado
Dear Ms. Greene:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on November 8, 2005, at 10:00 a.m., to consider the violations.
The property is in violation of the following Sections of the Weld County Code:
Chapter 23,Article IV, Division 3 "Mobile Homes and Manufactured Structures"
Section 23-4-160 "Temporary storage."
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 on permit number PRN-043116 and a certificate of
occupancy issued.
The mobile home permitted under PRN-043118 shall be removed from the property.
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.
OS'
Pegg regoory�� "
Building Compliance Officer
pc: VI-0500332
PRN-043116
PRN-043118
ZPMH-2431
SERVICE,TEAMWORK, INTEGRITY,QUALITY
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City,State,ZJP 4
AULT CO 80610
PS Form 3800.June 2002 See Reverse for Instructions
SENaE': C e M•LETE TH/S SECTIeN C0M•LETE THIS SECTI eN e N •EL/VERY
■ 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 .6-6,14:d ❑Agent
so that we can return the card to you. . Addressee
■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Del
or on the front if space permits. rm-,07,, or'c'c•
1. Article Addressed to: D. Is delivery address different from Item 1? - Y:If YES,enter delivery address below: ❑
TASHA RAilp# EENE
PO BOX 33t-
AULT CO 80610
3. Service Type
13 Certified Mail 0 Express Mall
Cl.Registered 0 Return Receipt for Merchandise
❑Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. MdcleNumber 7004 2890 0003 5709 3506
(Tmnater from service label)
PS Form 3811,February 2004 Domestic Return Receipt
102595024A-1540
Weld c
14 July 2005 ciao&Joe
arming D
Peggy Gregory JUL
DFf/DEpanment
Building Compliance Division A d x2005
/t+�Department of Planning Services "��
918 10th Street E®Greeley, CO 80631
•
Dear Peggy:
As per our conversation on 5 July 2005, I am sending this written response reiterating
the verbal response of 5 July 2005 to your letter dated 24 June 2005. This is in
reference to Permit #PRN-043116. This is a response to the statement quoted below in
your correspondence.
"It has also come to the attention of the Weld County Building Department that
the home is being occupied without a certificate of occupancy."
Response:
The property and construction site in question is on a 7+ acre parcel. The parcel was
originally 14+ acres just before I purchased it in 1999. The remaining 7+ acres came up
for sale recently and was purchased my mother, Sheila Moore, on 31 January 2005 as
an investment/rental property. I co-manage this adjoining 7 acres with my mother.
She rented the property to Blain and Dana Kreutzer on 1 February 2005. Initially, I had
no concerns with the Kreutzers. However, in March of 2005 the situation began to
deteriorate. The Kreutzers would enter my property, which was at the time unfenced
and completely unprotected, at will. I had given them permission to take some old wood
and some fencing supplies, but I had given specific instructions as to what they
could/could not have. These directions were ignored and they took what they wanted.
Neighbors witnessed them taking a variety of items from the property including feed,
construction materials, fencing supplies that were specifically excluded from my offer,
etc. Because I had 9 horses on my property and many other valuable items, I chose not
to confront the situation fearing that such a confrontation could lead to an escalation of
an already tense situation. I had too much to loose to risk such an escalation. Rather, I
began to fence the property off as quickly as possible.
The situation further deteriorated when we (my mother and I) had to report the
Kreutzers for animal abuse to the State Veterinarian. After that incident, information
regarding their past came to light, indicating that these types of behaviors were common
for the Kreutzer family. Their background check supports this claim.
By May 2005, the situation was completely out of control. I was very concerned, with
just cause, that the Kreutzers might vandalize the construction project. I could not risk
PRN-043116 — Response Page 1 of 2 Aim IDS
the cost of broken windows, doors or worse. Therefore, we set up a 24 hour/day, 7
days/week watch. There was always someone watching the property. I or my mother
would throw down a mattress on the floor and keep watch during the nights. When we
had to leave to get cleaned up and go to work, the neighbors would watch. They would
walk the property, sit on the front porch of the construction project and maintain a
presence on or in immediate proximity to the property until either my mother or I could
return after our workday.
It was obvious that this constant vigilance disturbed the Kreutzers. It directly resulted in
their being reported multiple times to the Sheriffs office for property destruction, dog at
large, etc. I believe that the Kreutzers reported that I was occupying the home without a
certificate of occupancy hoping that they would be able force me to quit watching to
property 24 hours/day.
The Kreutzers were evicted from the property on 30 June 2005, however, family
members have trespassed on the property since that time and unfortunately, the
Kreutzer family moved to a rental property on WCR 84 directly north of my property.
They have only a short walk to reach the north boundaries of my property. I believe
that the heightened level of watchfulness cannot relax because of this and the fact that
the Kreutzers have been summoned to appear in court on 15 July 2005 to face a
damage judgment. My mother has suffered over $8000.00 in damages during the
Kreutzers tenure on the property. I will be testifying in the case if it goes to a hearing. If
the court finds that the Kreutzers are liable for the full amount or for a large percentage
of that amount, I am concerned that it could lead to an escalation of the hostility that has
been demonstrated to date toward me and my property. To that end, my mother and I
continue to spend evenings and nights on my property in order to protect it. I do not
believe that this constitutes "occupancy."
Thank you for taking the time to discuss this matter with me during our phone
conversation. If you wish to further discuss this matter, please contact me at 970-381-
4274. Again, thank you for your time and consideration in this matter.
Sincerely,
Tasha R. Greene
P.S. Additionally, as we discussed, I have enclosed the original Form 101 and the
signed/stamped letter from Wernsman Engineering, Inc. approving the alternate method
of tie-down used for the home for addition to the permit file.
Enclosures: 1.) Original Form 101; 2.) Signed/stamped engineer-approval letter for tie-
down method. .��
PRN-043116 — Response Page 2 of 2 ll'4-o5
a 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
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 24, 2005
•
Tasha Rae Greene
PO Box 335
Ault CO 80610
Subject: Permit#PRN-043116—Part of the SE4 of Section 12, T7N, R66W of the 6th P.M.,
Weld County, Colorado
Dear Ms. Greene:
This notice is to remind you that the above noted permit for a manufactured home at 17539 Highway 14 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. It has also come to the attention of the Weld County Building Department that the
home is being occupied without a certificate of occupancy.
The last inspection was on May 23,2005,and there are still several to be completed. In the event a 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.
cere ,
Iret art
Peggy Gregory
Building Compliance
pc: PRN-043116
SERVICE,TEAMWORK,INTEGRITY,QUALITY
(fit'
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DEPARTMENT OF BUILDING INSPEC11ON
Wilpe
PHONE (970) 353-6100, EXT.3540
FAX (970) 304-6498
WEBSITE: www.co.weld.co.us
918 10TH STREET
GREELEY, COLORADO 80631
COLORADO
Building permit O`I WC C for a factory-built/manufactured/mobile
home at 1 S is being issued on a1 -07t .
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
D1 0L05
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.
Respectfully,
Roger Vigil
Building Official
Signed:
Relationship to Property Owner. (oti Mu.7' r
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