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Home My WebLink About20042724.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST CHARLES AND JANET KINCAID AND JOHN SCHUPMAN 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 and Janet Kincaid and John Schupman, VI #0400037, 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 14th day of September, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, John Schupman, home 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 November 14, 2004, to allow adequate time for the property owners to complete all work needed and a Certificate of Occupancy issued to bring the subject property into compliance and for an inspection of the property by the Department of Planning Services staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0400037 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Charles and Janet Kincaid and John Schupman 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 November 14, 2004, to allow adequate time for the property owners to complete all work needed and a Certificate of Occupancy issued to bring the subject property into compliance. 2004-2724 PL0824 (77 : Pe_ ea) (1/O 09-023 - 06/ VIOLATIONS -VI #0400037 - CHARLES AND JANET KINCAID AND JOHN SCHUPMAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of September, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO � ,/ ,�r /� ( EXCUSED Robert D. Masden, Chair 1,51F®veld C 'a rk to the Boar. � 1 William H. Jerke, Pro-Tem - Clerk to the Board EXCUSED M. J. le APP AS TO . David E. Long o my Attorney Glenn Vaa Date of signature: /'7—7—Q, 2004-2724 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Charles M and Janet M Kincaid Home Owner John Schupman Violation: VI-0400037 Address: 18560 County Road 8, Brighton, CO 80603 Legal: Part of the NE4NE4 of Section 19, T1 N, R65W of the 6`h P.M., Weld County, Colorado Location: South of and adjacent to County Road 8 and one half mile east of County Road 37 North: Agricultural property South: Agricultural property East: Agricultural property and ''A mile west of Apollo Subdivision West Agricultural property Parcel Number: 1473-19-1-00-015 Acres: 2.4 Certified mail date: August 24, 2004 Received: Currently the property is in violation of Chapter 29, Article VIII (8), Section 29-8-40 of the Weld County Code. REMEDY To bring the property into compliance the building 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 for immediate action. CASE HISTORY October 13, 2003 10-day compliance letter issued December 16, 2003 30-day compliance letter issued February 2, 2004 30-day violation letter issued February 10, 2004 Phone call from John Schupman, permit extended to 04/30/04 May 5, 2004 10-day compliance letter issued June 24, 2004 30-day violation letter issued July 29, 2004 Left message for John Schupman to call me, he returned my call, will be scheduling inspections 2004-2724 VI-0400037 Violation Summary page two August 24, 2004 Certified letter indicating the violation case is scheduled before the Board of County Commissioners August 27, 2004 Phone message from John Schupman, the roof panels have been back ordered but should be in by the middle of next week August 30, 2004 Left a message for John Schupman to call me. September 8, 2004 Phone call to John Schupman, he has received the roof panels. He will try to attend the Board of County Commissioners meeting. 64.1" DEPARTMENT OF BUILDING INSPECTION Code Compliance Division WWW.CO.WELD.CO.US W.CO.W ELD.CO.US ' C • E-mail Address: pgregory@co.wCO eld.co.us 918 10th Street,n ( 70)Greeley,53- 10x3561 O Phone (970) 353-6100x3568 Fax (970) 304-6498 COLORADO August 24, 2004 Charles M and Janet M Kincaid 18560 CR 8 Brighton CO 80603 Subject: VI-0400037, Part of the NE4NE4 of Section 19,Ti N, R65W of the 6th P.M.,Weld County,Colorado Dear Mr. and Mrs. Kincaid: 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 September 14, 2004, 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: all inspections shall be completed and a Certificate of Occupancy shall be issued for the manufactured home. • This meeting will take place in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center,915 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. Sincerely, Peggy Gregory Building Compliance Officer pc: VI-0400037 PRS-023011 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S.Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) N ra Q. Ill Postage $ O Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) - N p Restlicted Delivery Fee O (Endorsement Required) Total Postage 8 Fees IU in Recipient's Name (Please M KINCAIDrIint Clearly) completed by mailer) C CHARLES M & Street,Apt.No.;or PO Box No. o 18560 CR 8 o City,State ZIP+4 r'- BRIGHTON CO 80603 See Reverse for Instructions PS Form 3800,February 2000 G rs DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us I1555 N. 17th Avenue, Greeley, CO 80631 CPhone: (970) 353-6100,: (97 0t 3568 Fax: 304-6498 (970) COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE June 24, 2004 Charles M and Janet M Kincaid 18560 CR 8 Brighton CO 80603 Thomas and Yvette Schupman 18598 CR 8 Brighton CO 80603 Subject: VI-0400037, Part of the NE4NE4 of Section 19,Ti N, R65W of the 61h P.M.,Weld County,Colorado • Dear Mr. and Mrs. Kincaid: It has been determined that the property located at 18560 County Road 8 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 all mobile,manufactured or factory-built home permits shall have final approval and a Certificate of Occupancy shall be issued within 180 days. To bring your property into compliance with the Weld County Code: • All necessary inspections shall be completed and the permit for the 24 X 60 manufactured home shall have final approval 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 June 24, 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. Arr �erely, Pe regory Building Compliance Officer pc: PRS-023011 VI-0400037 ate., DEPARTMENT OF BUILDING INSPECTION 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. 3540 Fax: (970)304-6498 • COLORADO May 5, 2004 Charles M and Janet M Kincaid 18560 CR 8 Brighton CO 80603 Thomas and Yvette Schupman 18598 CR 8 Brighton CO 80603 Subject: Permit# PRS-023011 —Part of the NE4NE4 of Section 19, Ti N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Kincaid: I have previously contacted you regarding the permit for a 24 X 60 manufactured home at 18560 County Road 8. We agreed to extend the permit to April 30,2004. To date, no inspections have been scheduled. Section 29-8-40 of the Weld County Code states all mobile, manufactured, or factory-built home permits shall expire 180 days from issue date and this permit was issued on April 18,2002. Failure to schedule inspections within 10 days from the date of this letter and receive a Certificate of Occupancy within 30 days will result in violation action. 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. 3540. Thank you for your cooperation in this matter. Si erely, + ioecet Peg y regory Building Compliance pc: PRS-023011 VI-0400037 SERVICE,TEAMWORK,INTEGRITY,QUALITY � a DEPARTMENT OF BUILDING INSPECTION f(iViCode Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us I1555 N. 17th Avenue, Greeley, CO80631 CPhone: (970) 353-6100, Ext. 3540 Fax: 30(970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE February 2, 2004 Charles M and Janet M Kincaid 18560 CR 8 Brighton CO 80603 Thomas and Yvette Schupman 18598 CR 8 Brighton CO 80603 Subject: VI-0400037, Part of the NE4NE4 of Section 19,Ti N, R65W of the 6`h P.M.,Weld County, Colorado Dear Mr. and Mrs. Kincaid: It has been determined that the property located at 18560 County Road 8 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 all mobile,manufactured or factory-built home permits shall have final approval and a Certificate of Occupancy shall be issued within 180 days. To bring your property into compliance with the Weld County Code: All necessary inspections shall be completed and the permit for the 24 X 60 manufactured home shall have final approval 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 February 2, 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. rely, a - Peggy regory Building Compliance Officer • pc: PRS-023011 VI-0400037 oG-i -cv7- r a DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US ge E-mail Address: pgregory@co.weld.co.us In . 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO December 16, 2003 Charles M and Janet M Kincaid 18560 CR 8 Brighton CO 80603 Thomas and Yvette Schupman 18598 CR 8 Brighton CO 80603 Subject: Permit# PRS-023011 —Part of the NE4NE4 of Section 19, Ti N, R65W, Weld County, Colorado Dear Mr. and Mrs. Kincaid: An inspection was performed on October 28, 2003, for building permit number PRS-023011 for the 24 X 60 manufactured home at 18560 County Road 8. At that time, some corrections were noted and no inspection has been scheduled since that time. Manufactured home permits are valid for 180 days and this permit was issued more than 1 %z years ago. All inspections need to be completed and a Certificate of Occupancy issued by 02/01/04 to avoid expiration of this permit, making it necessary to apply for a new permit and pay the applicable fees. 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. 3540. Thank you for your cooperation to this matter. Sincerely,ggfit Peggy'Gregoory 0 Building Compliance pc: PRS-023011 SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTION l Website: WWW.CO.WELD.CO.US liD E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 �• Fax: (970) 304-6498 COLORADO October 13, 2003 Charles M and Janet M Kincaid 18560 CR 8 Brighton CO 80603 Thomas and Yvette Schupman 18598 CR 8 Brighton CO 80603 Subject: Permit#PRS-023011 —Part of the NE4NE4 of Section 19, T1 N, R65W, Weld County, Colorado Dear Mr. and Mrs. Kincaid: It has come to the attention of the Department of Building Inspection that a building permit for a 24 X 60 manufactured home at 18560 County Road 8 was issued on April 18, 2002. 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. 3540. Thank you for your cooperation to this matter. Sincerely, S /o/a8 Peggy y Gregory Building Compliance pc: PRS-023011 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-023011 Status SEPTHDCO Applied 02/11/2002 Issued 04/18/2002 Expires 08/10/2003 Job Address 18560 CR 8 WEL Job Location 18560 CR 8 Job Description 24x60 1971 CHAMPION BLOCK/TIED MOBILE HOME-CHANGEOUT OF MP00900(1980)-PRINCIPAL DWELLING MAILED TO JOHN SCHUPMAN 4/18/02 Occ. Class R3 Construction Type: VN Zone District AGRICULTURAL Parcel Number 1473-19-1-00-015 APPLICANT SCHUPMAN JOHN C 02/12/2002 Phone: 303-659-1244 18560 CR 8 BRIGHTON CO 80603 OWNER KINCAID CHARLES M&JANET M 02/12/2002 Phone: 303-659-1244 18560 CR 8 BRIGHTON CO 80603 INSTALLERS SCHUPMAN JOHN C 02/12/2002 Phone: 303-659-1244 18560 CR 8 BRIGHTON CO 80603 Minimum Required Zoning Setbacks N- 60 S - 5 E- 15 W- 5 N SETBACK FROM CENTER OF ROAD FEE SUMMARY Total Permit Fees $220.00 Total Payments .00 Balance Due $0.00 FEE BREAKDOWN SUMMARY Item#Description Account Code Tot Fee Paid Prv. Pmts Cur. Pmts 2010 Building Permit 100025100-42 183.00 183.00 183.00 .00 2020 Electrical 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 that such suspension or abandonment has not exceeded five(5)years. When suspension or abandonment has exceeded five(5)years,the permittee shall pay the full permit fee under the current fee shcedule. Weld County is not liable for workmanship. Permits are not transferable. form:PrefComb 1111111IIIII1111111IIIII111111111111111IIIIIIIIIIIIIIII 091 o 2B790pg f 1 08/20/2001 03:43P JA Suld Tsakamoto R 5.00 D .00 Weld County CO Quitclaim Deed 4 This indenture, made this 28'h day of August, 2001, between :e r .S J R n c.Nupiw e,,.> grantor, and eim,zc.c:S M. /C.,L,c.A,o /AA, 0 (Ole ) and IAtiwc:r ,tip /c'lNc.A,'o , whose mailing address is: /85,42,6 cdcie 8 SQ,j n r, (± 8'oe�3 , grantees, as joint tenants with rights of'survivorship and not as tenants in common. (The terms "grantor" and "grantee" include the respective heirs, successors, successors-in-title, legal representatives and assigns of the parties where the context requires or permits.) Grantor, for and in consideration of the sum of S10.00 paid at and before the sealing and delivery of this instrument, and for other valuable consideration, the receipt and sufficiency of which is acknowledged, does release, remise and quitclaim to grantees, all of the interest, right and title of grantor to that certain tract or parcel of land lying and being in Weld County, Colorado, as more particularly described as follows: Lot A, Recorded Exemption No. 1473-19-1 RE-3084 Grantor conveys this tract or parcel of land to grantee together with all the estate and rights of grantor in this land, and grantor assigns to grantee all rights and appurtenances belonging, or in anyway appertaining,to the use or benefit of this land. In witness of the above, grantor has signed, sealed and delivered this deed on the date written above. Y Grantor GIFT: CONSIDERATION LESS THAN S500.00. State of Colorado County of UJ e 1d. ss The above instrument was acknowledged before me on & .) 9- o / by Witness my band and official seal. __ 4,.�*1A Kl iti Notary Public Q40 9 My commission expires: .O TARS. '9 g a MY COMMISSION EXPIRES OCTOBER 9.2001 t PUBIS'� �.• X 1110 star (°� ?E.. `fl'PE._. " it :1 E I'�. 83 -.- ;:',1'.!!,*, W.. . : 4* ®®2 ; 5 AAla Fit Account Maintenance �.t 5TR: 18-01 5 > !'Cancel M�Caltsr: 93+(5000 UWR@[asilMBtAtltltBStt' Account KINCAID CHARLES M >i JANET M + `L Legal D iption Ft1019102 N lassBRIG COUNTY RD 8 .•,.4.1 PT NE- 1E41B1-SS LOT A REC EXEMPT RE 3084. a''. BRIGHTON CO>�603 Year District (.0911)51TUS WECD. 2004 2197 Apr Dist St A Farad Number MH Space Seq 1473-19-1.00-015 Street No Di Street Name Type Nott 18960 8 CR Location City 71 Location Zip Acct Type Lagt WELD 000000000 Residential BACode Owner Id Owner Location Map No 1473 Business Name Version V Date 'Time.: ID Appl New Version ' 20033411 11aPR 2003 11tk-z9AM JSW' RWAI! 20040908000 I llama C'Tact jlt>a�sT Pto st j __ TYPE ACTIIAl ASSD ACRES SO FT J a', "08ut ''re1S � Mobile Autlr r Permit LAND" 0 2 870 2.400 104.544 — r j ..oboe i' ei tiril kC5 r value =22„r personal' IMPS" 1.538 1201 2.456; rjract r Tax Sale ,,,,,i and lio - ir Condo 1 Strc!€settr Control r,Raeordint r'Obck - T lit as j �i#ory t TOTAL 37.538 2 9 r Sagas ? r Sibkn9 Queries T Mae( E I 'Exemption r Sketch STREET Current Year Prior Version ,rTax cha tge Prior Yam. Ne(x}t Version Abatement Nest Year Characteristics Property Card Hello