HomeMy WebLinkAbout20043028.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0400221
AGAINST LW HOMES LLC 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, LW Homes LLC, VI #0400221, 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 12th day of October, 2004, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, LW Homes LLC 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 LW Homes LLC 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.
2004-3028
PL0824
��; Gio 017 // -&/ -CV
VIOLATIONS -VI #0400221 - LW HOMES LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 12th day of October, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
Robert D. Masden, Chair
Clerk to the Board
t 1/42
Pro-Tern
� William H. erke, Pro-
• a Clerk to the Board ���' -�(�✓
M. J. Geile
APP ED AS T •
AEXCUSED
David E. Long
my Att ey EXCUSED
Glenn Vaad
Date of signature: /0/CV
2004-3028
PL0824
Weld County Violation Summary
Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: LW Homes LLC
Violation: VI-0400221
Mailing Address: 215 West Oak, #100, Fort Collins CO 80521
Situs Address: 46921 County Road 33, Nunn, CO 80648
Legal: Part of the NE4 of Section 10, T8N, R66W 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 33
North: Agricultural property
South: Agricultural property
East: Agricultural property
West Agricultural property
Parcel Number: 0553-10-1-00-002 Acres: 5
Certified mail date: September 16, 2004 Received: September 20, 2004
Currently the property is in violation of Chapter 29, Article VIII (8), Section 29-8-40 and Article VII (7), Section
29-7-130 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.
The permit for the detached garage shall have all inspections completed.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney for
immediate action.
CASE HISTORY
June 21, 2004 Notice of expiration date
July 23, 2004 30-day violation letter issued
August 31, 2004 Left message for Dan Wilson of LW Homes to call me.
September 16, 2004 Certified letter indicating the violation case is scheduled before the Board of
County Commissioners.
September 22, 2004 Phone call from Brent of LW Homes saying the project would be completed by
October 29, 2004.
October 6, 2004 Site Inspection
Left message for Dan Wilson of LW Homes to call me. Also attempted to contact
Brent, his phone number is now disconnected.
2004-3028
ti;itess,
DEPARTMENT OF BUILDING INSPECTION
Code Compliance Division
WWW.CO.WELD.CO.US
W.CO.W ELD.CO.US
E-mail Address: pgregory@co.weld.co.us
918 10th Street, Greeley, CO 80631
O Phone (970) 353-6100x3568
Fax (970) 304-6498
COLORADO
September 16, 2004
LW Homes LLC
215 W Oak#100
Fort Collins CO 80521
Subject: VI-0400221 , Part of the NE4 of Section 10, T8N, R66W of the 6th P.M., Weld County, Colorado
Dear Property Owner:
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 October 12, 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"
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 building
permit number PRN-033129
all inspections shall be completed and a final approval for permit number BCN-030583.
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,
S .
Peggy Gregory
Building Compliance Officer
pc: VI-0400221
PRN-033129
BCN-030583
SERVICE,TEAMWORK, INTEGRITY,QUALITY
U.S. Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only: No Insurance Coverage Provided)
al3 rillillEIMINIIMMIll
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N Postage $
CI
• O
Certified Fee
Postrnark
Return Receipt Fee Here
• (Endorsement Required)
RI
O Restricted Delivery Fee
O (Endorsement Required)
O Total Postage&Fees
ru
LIT Recipient's Name (Please Print Clearly)(To be completed by mailer)
o LW HOMES LLC
o Street,Apt.No.;or PO Box No.
O 215 W OAK #100
O City,State,ZIP«0
n- FORT COLLINS CO 80521
PS Form 3800,February 2000 See Reverse for Instructions
•
SEN'E Ca M'LETF THIS SECTI eN Ca MPLETE THIS SECTI aN 'N 'ELI VE•Y
• Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. • 0 Agent
• Print your name and address on the reverse X � j ❑Addressee
• so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits. I4 ( ,Q • a0 7,: 9 zi, 0L1
D. Is delivery address different from item 1? 0 es
1. Article Addressed to: If YES,enter delivery address below: 0 No
LW HOMES LLC
215 W OAK;; o SEP 2 0 2004
FORT COLL' CO 80521
3. Service Type
Certified Mail 0 Express Mail
❑ Registered ❑ Return Receipt for Merchandise
0 Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfer from service label) 7000 0520 0025 0402 8298
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
(ittL"....";\\
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
Pc
Fax: (970) 304-6498
COLORADO •
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
July 23, 2004
LW Homes LLC
215 Oak#100
Fort Collins CO 80521
Subject: VI-0400221, Part of the NE4 of Section 10, T8N, R66W of the 6th P.M., Weld County, Colorado
Dear Property Owner:
It has been determined that the property located at 46921 County Road 33 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 building permits shall expire after 180 days.
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.
All inspections shall be completed on the permit for the detached garage.
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 July 23,
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.
itl cerely,
/1111/
/SPgVe/gg Gregory
y Building Compliance Officer
pc: PRN-033129
BCN-030583
VI-0400221
DEPARTMENT OF BUILDING INSPECTION
Website: WWW.CO.WELD.CO.US
WilDe E-mail Address: pgregory@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3568
Fax: (970) 304-6498
COLORADO
June 21, 2004
LW Homes LLC
215 Oak
Suite 100
Fort Collins CO 80521
Subject: Permit#'s PRN-033129&BCN-030583—Part of the NE4 of Section 10,T8N, R66W of the 6'"P.M.,
Weld County, Colorado
Dear Property Owner:
It has come to the attention of the Department of Building Inspection that you were issued a permit for a 28 X
44 manufactured home at 46921 County Road 33. 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. This permit was
issued on January 13, 2004, and will expire on July 12,2004. All inspections will need to be completed and a
Certificate of Occupancy issued by that date.
Permit number BCN-030583 for a detached garage was also issued on January 13,2004. The last inspection
on this permit was on February 25 and it will expire on August 23, 2004, unless further inspections are
performed prior to that date.
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,
in A -1,
Pejgy"Gregor " V)-
Building Compliance V�
pc: PRN-033129 V _�,7,
BCN-030583 (Y"
SERVICE,TEAMWORK,INTEGRITY,QUALITY
111111111111111111111111111111111111111III11111JillJill
da 3115109 10/09/2003 11:OOA Weld County, CO
1 of 2 R 11.00 D 9.00 Steve Moreno Clerk 6 Recorder
WARRANTY DEED
THIS DEED, Made this 1st day of October, 2003 between
K. Eugene Ayers and Diana M. Ayers
of the County of Weld and
State of Colorado, grantor, and
LW Homes, LLC, a Colorado limited liability company
whose legal address is 215 West Oak, Suite 100, Fort Collins, Colorado 80521
of the County of Larimer and State of Colorado, grantees:
WITNESSETH That the grantor for and in consideration of the sum of NINETY THOUSAND
AND 00/100, ($90,000.00) 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
being in the County of Weld and State of Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as , , Colorado
TOGETHER with all and singular the hereditaments and appurtenances thereto
of 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
C appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for
ci 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 seised of the premises above in
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance,
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 soever, except
general taxes for 2003 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND 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 n the date set forth above.
K. Eugene Ayers
r1
Diana M. Ayers
STATE OF COLORADO
} ss. The foregoing instrument was acknowledged before
County of Weld } me this 1st day of October, 2003
by K. Eugene Ayers and Diana M. Ayers
Witness my hand and official seal.
My co r lion expires Noyemb 15, 2005
i DARELLA Li NOTARY PUBLIC
1 BLOCH J ,, 1295 Main St.
No. 932A. Rev. lif1.4 .•C. Windsor, COLORADO 80550
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3115106 10/WEVM3 11AOA Weld County,CO
2 of 2 R 11,00 D 9.00 Stive Moreno Clerk 8 Recorder
"EXHIBIT A"
LEGAL DESCRIPTION
Lots A and B of Recorded Exemption No. 0553-10-1-RE-3131, recorded
January 18, 2002 as Reception No. 2918248, being a part of the NE1/4 of
Section 10, Township B North, Range 66 West of the 6th P.M. , County of
Weld, State of Colorado.
TOGETHER WITH Well Permits #232599 and *232600
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