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HomeMy WebLinkAbout20051385.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST RICHARD HEIN 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, Richard Hein, VI#0500070, 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 10th day of May, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Richard Hein, property owner, was present at said hearing, 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 10, 2005, to allow adequate time for the property owner to complete all inspections needed 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 #0500070 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Richard Hein 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 10, 2005, to allow adequate time for the property owner to complete all inspections needed and a Certificate of Occupancy issued to bring the subject property into compliance. 2005-1385 PL0824 l•�l� t b7oC. OS -a� O� VIOLATIONS -VI #0500070 - RICHARD HEIN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of May, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD/COUNTY, COLORADO � 4 ' �� "rte( William H. Jerl hair E/Neld `tit_t Clerk to the Board 1861 F •nt • M. ile, Pro-Teq� NO \Ov F Clerk to he Board ��, rs D 'd E. Long �f1n n APP AS TO FORobert D. Masden ountyAtt �QU�( l4J GI Vaad Date of signature: �/4-1/.9�s- 2005-1385 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Richard L Hein Violation: VI-0500070 Mailing Address: 6578 County Road 23, Fort Lupton, CO 80621 Situs Address: 25030 County Road 18, Keenesburg, CO 80643 Legal: Part of the N2NW4NW4NW4 of Section 29, T2N, R64W of the 6'" P.M., Weld County, Colorado Location: South of and adjacent to County Road 18 just East of County Road 51 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 1305-29-2-00-026 Acres: 2.3 Certified mail date: April 20, 2005 Received: 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 on the manufactured home 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 90 times as Mr. Hein has had several issues that have delayed completion of the building permit. CASE HISTORY August 12, 2004 10-day letter to pick up permit and pay fees. February 16, 2005 Letter advising manufactured home permit expired. March 3, 2004 30-day violation letter issued. April 20, 2005 Certified letter indicating the violation case is scheduled before the Board of County Commissioners. May 4, 2005 Phone call to Mr. Hein advising him of the date and time of the violation hearing. He has been staying at Antonito and did not get the certified letter. 2005-1385 ("ssip DEPARTMk_,JT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street Greeley, CO 80631 pgregory@co.weld.co.us CPhone: (970) 353-6100, Ext. 3568 lO 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 April 20, 2005 Richard L Hein 6578 CR 23 Fort Lupton CO 80621 Subject: VI-0500070, Part of the N2NW4NW4NW4 of Section 29, T2N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. Hein: 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 May 10, 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 29-7-130 "Certificate of Occupancy." To bring your property into compliance: All inspections shall be completed and a certificate of occupancy issued for the 28 X 64 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. IY,c.sfre An_ Peggy Gregory Q Building Compliance Officer pc: VI-0500070 PRS-043012 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal ServiceTM m CERTIFIED MAIL,., RECEIPT 03 (Domestic Mail Only;No Insurance Coverage Provided) F•r•elivery inhrmati nvisit •ur we•site at www.us•s.c me, Er OFFICIAL USE Er Postage $ ru CamaedFee c o Postmark Realm Redept FeeHera (Endorsement Required) - G Restricted Delivery Fee H (Endorsement Required) Total Postage&Fees $ m o send / 9Ie/Iard ti 'SLeoi npC,Yo.' p /J or POsox Na6'71____ ---- Gay,Smm,ZI 4 �G.oAn Co 1044/ 4 DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE 918 10th Street WIl Greeley, CO 80631 pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 O Fax: (970) 304-6498 COLORADO• SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE March 3, 2005 Richard L Hein 6578 CR 23 Fort Lupton CO 80621 Subject: VI-0500070, Part of the N2NW4NW4NW4 of Section 29, T2N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. Hein: It has been determined that the property located at 25030 County Road 18 is currently in violation of the following Section(s) of the Weld County Code: Section 29-7-130 of the Weld County Code states that a certificate of occupancy shall be obtained no later than one hundred eighty(180)days after the permit is issued. To bring your property into compliance with the Weld County Code: All necessary inspections shall be completed on the manufactured home permit and a certificate of occupancy shall be issued. 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 March 3, 2005, 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. Richard L Hein March 3, 2005 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. erely, Sri Peggy Gregory Building Compliance Officer pc: PRS-043012 VI-00500070 rip tri;:, DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US ' el 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 16, 2005 • Richard L Hein 6578 CR 23 Fort Lupton CO 80621 Subject: Permit# PRS-043012 — Part of the N2NW4NW4NW4 of Section 29, T2N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. Hein: 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. On August 19, 2004, you were issued a permit for a manufactured home at 25030 County Road 18 which expired on February 14, 2005. At this point, there are two options: a new permit may be obtained within 10 days from the date of this letter for one half the fees of the original permit. a meeting may be scheduled with the Board of County Commissioners to explain the reasons for the delay. The Board will determine if an extension is warranted or if the case should be referred to the County Attorney for legal action. Should you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. �ely, Carri Arr. Peggy Gregory Building Compliance pc: PRS-043012 SERVICE.TEAMWORK.INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us 11 I 918 10th Street, Greeley, CO 80631 Phone: (970)353-6100, Ext. 3568 O Fax: (970) 304-6498 • COLORADO August 12, 2004 Richard L Hein 6578 CR 23 Fort Lupton CO 80621 Subject: Permit# PRS-043012 — Part of the N2NW4of Section 29, T2N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. Hein: On March 24,2004,you applied for a building permit for a 28 X 64 manufactured home at 25030 County Road 18. To date,this permit has not been issued. Please come to our office at 918 10`h Street in Greeley within 10 days from the date of this letter to pick up the permit and pay the balance due of$2,261.25 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 Officer pc: PRS-043012 SERVICE,TEAMWORK,INTEGRITY,QUALITY Weld County Building Inspection Department 1555 North 17th Avenue,Greeley,CO 80631 970-353-6100,Ext.3540 Fax: 970-304-6498 Permit# PRS-043012 Status SEPTHDCO Applied 02/24/2004 Issued 08/19/2004 Expires 04/17/2005 Job Address 25030 CR 18 WEL Job Location 25030 CR 18 Job Description 28 X 64, 1988 CONTINENTAL MANUF HOME ON 1792 SF PERMANENT FOUNDATION(ENGINEERED CAISSONS/CRAWLSPACE) -GRAY IN COLOR -FOR PRINCIPAL DWELLING Occ. Class R-3 Construction Type: VN Zone District AGRICULTURAL Parcel Number 1305-29-2-00-026 APPLICANT HEIN RICHARD 04/05/2004 Phone: 303-775-1883 6578 CR 23 FT LUPTON CO 80621 OWNER HEN RICHARD L 04/05/2004 Phone: 303-775-1883 6578 CR 23 FT LUPTON CO 80621 • FOUND CONT HOMEOWNER 04/05/2004 INSTALLERS HOMEOWNER 04/05/2004 MECHANICAL HOMEOWNER 04/05/2004 PLUMBING HOMEOWNER 04/05/2004 ELECTRICAL JMC ELECTRIC 01/18/2005 Phone: 720-217-4093 PO BOX 460661 AURORA CO 80046 License: 28102 PAYOR RICHARD HEN 04/05/2004 Minimum Required Zoning Setbacks N- 50 S- 5 E- 5 W- 5 N, SETBACK FROM CENTER OF ROAD FEE SUMMARY Total Permit Fees $2,501.25 Total Payments .00 Balance Due $0.00 FEE BREAKDOWN SUMMARY Item#Description Account Code Tot Fee Paid Prv.Pmts Cur.Pmts ------------------------------------------------ 2010 Building Permit 100025100-42 203.00 203.00 203.00 .00 2020 Electrical 100025100-42 37.00 37.00 37.00 .00 2040 Building Plan C 100025100-42 50.00 50.00 50.00 .00 2080 Prefab Perm.Fo 100025100-42 187.25 187.25 187.25 .00 2180 RIF Fee Area 4,7074-90100-4 1,987.00 1,987.00 1,987.00 .00 3224 Construction Me 100025100-42 37.00 37.00 37.00 .00 NOTICE The applicant,agents and employees shall comply with all the rules,restrictions and requirements of Weld County Zoning and Building Code Ordinances governing location,construction,demolition and erection of the above proposed work for which this permit is granted.The building Official is authorized to order the immediate cessation of work at any time a violation of the adopted codes or regulations appears to have occured. Violations of any codes or regulations may result in the revocation of this permit. Buildings must conform with the plans as submitted to the Building Inspection Department. Any changes to the plans or lay-out must be approved prior to construction. Any changes in the use or occupancy of the building must be approved. It shall be the duty of the property owner or the person doing the work authorized by this permit to notify the Weld County Building Inspection Department that such work is ready for inspection. This permit shall expire by limitation and become null and void if the building or work authorized by this permit is not commenced within 180 days from the date this permit is issued,or if the building or work authorized by this permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can recommence a new permit shall be required and the charge shall be 1/2 the fee under the current Weld County Building Inspection Fee Schedule provided 111111111(1111111111111 IIIII IIII 11111111131111111 lilt 1761 Ft6.00 13.50 8 12115/1999 0WeldJA Bald County CO�moto Filed 'nr record the day of ,A.D. 19_, at o'clock M. RECORDER'' .11.. No. By DEPUTY. yyJ OLD WARRANTY DEED THISDEED, Made on this day of December 10, 1999 1£ between RIO INVESTMENTS,LLC.A COLORADO LIMITED LIABILITY COMPANY of the County of BOULDER and State of Colorado , of the Grantor(s), and RICHARD L.HEIN whose legal address is 25026 COUNTY RD1$KEENESnd 0080643 of the County of WELD and State of Colorado of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( 5133,000.00 ***One Hundred Thirty Five Thousand and 00/100'"" 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(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado, described as follows: THE NORTH HALE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29,TOWNSHIP 2 NORTH,RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY OF WELD,STATE OF COLORADO. ------.-- --___ Slots Documllntary Fee Date la-Ilo[11 S I also known as street nuiber 25026 WELD COUNTY RD 18,KEENESBURG,CO 80643 � •...... ...--.-.... TOGETHER with all and singular and heredi[wants and appurtenances thereto belonging, or in anywise appertaining • and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and at I the estate, right title Interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditamente and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), 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 end clear from all former and ocher grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, EXCEPT GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 1999 AND SUBSEQUENT YEARS,AND SUBJECT TO THOSE EXCEPTIONS REFERRED TO IN TITLE INSURANCE COMMITMENT NO. PC 192464 ISSUED BY LAND TITLE GUARANTEE COMPANY. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all end every person or persons lawfully claiming the whole or any part thereof. The singular number shalt include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantors) has executed this deed on the date set forth above. Rio .tae 4nn41s tic, A.Q9 , '"'Qm24d Ga6✓dr RIO INVESTMENTS.&C,A COLORADe LIMITED LIABILITY COMPA Cb R y� BY: MANAGER 7 c'5fO STATE OF Colorado ) e • 8a. County of BOULDER ) , • the foregoing instrument was ckmwle before me this day of December E 1999 by ST INVESTMENTS,LLC,A COLORADO LIMITED LIABILITY COMPANY V. .5 OUISI Nola' p > My aiasio ieeC drld,'�`� Liz / mm . ._ VI ass mY hand and official seal. e r. / / j A Notary ry')l�iJ'eZG�II% jnly OoittHsslm Esplrp Mai Rd,2101 mP u Name and Address of Person Crantsn (Y'CkRated Legal Description ( 38.35-106.5, C.R.S.) Escrow# C192464 When Recorded Return to: RICHARD I. NEIN Title# FC192464 lin it{T x 25026 WELD COUNTY RD 18 Form No. 932 Rev 4-94. WARRANTY DEED (For Photographic Record) s KEENESBURG O 80643 - r . 7C • A* ' I Canoe! 5TH 29 02.64 Mill Levy 73 821 fDD '! -�,� : _: : ner:Name/Add_ress ...: Account ' HEIN RICHARD Legal Description 11205530c N DEN E YALE 2 : PT N2NW4NW4NW4 29 2 64 LOT B REC EXEMPT , DENVER CO 80222-6927 Year District RE-;I20�( 1,Rj 2005 2450 Apr Dist St A 1' Parcel Number MH Space Seq " " ' .. 1305-29-2-00-026 Street No Dir Street Name Type No# Location City 9 Location Zip Acct Type Lagt WELD 000000000 Residential BACode Owner Id Owner Location Map No Business Name Version Y Date `Time ID APpl New Version 20050224000 24 FEB-2006 1216 PM AKF , Rw20050303000 . r Name ` r Tax:Item; f I'-rnte:t i TYPE ACTUAL ASSD ( ACRES I SQ ET r"rtus r j?re/Su+c f`Mr tnk uItr, r Permit LAND 27600 i B 000 2300 100 l80 .-M-abae I`I4,)nc icx due ? I'`erson4T I ', IMPS - pI rLract r Tax Sde it and iIa fi Condo r"Srrc tsmt J"Carol I`""Recor r aleck h r Mmes r uislory j� magrirg TOTALt� � 27 600 0000 � I Sales' Sibin9 ' -:. , Queries ,: 5 r M11 04 r Elags; bore fl S tc C re , �EIr �e � PARCEL � - Current Year Prior Version i [ 'plait Trk I—Tax C}rg 7"Mtg Track 7'Acct Chg = Prior Year Ne( t,..7. .on Abatement Value Sum - " , , `: ' Next Year Characteristics Property Card start ' PE.:' s'PE.. I;`JInbo,; ®Micr: •AIM {Ara.:. :4113117v/p1,.Icb. W8;.") 'C�1 , Wi I - 1.51 PM Hello