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Home My WebLink About20041704.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST DONALD AND TERRI DECHANT 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, Donald and Terri Dechant,VI#0400044, 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 22nd day of June, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Donald, 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 July 22, 2004, to allow adequate time for the property owners to finish the work on the pole barn and for a final 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#0400044 be,and hereby is, referred to the Weld County Attorney's Office for legal action against Donald and Terri Dechant 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 July 22, 2004,to allow adequate time for the property owners to finish the work on the pole barn and for the final inspection by the Department of Planning Services staff. 2004-1704 PL0824 C\O : PL-)) 11/0 -oy VIOLATIONS - VI #0400044 - DONALD AND TERRI DECHANT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 22nd day of June, A.D., 2004. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORADO �Vkiiti) Robert D. Masden, Chair 1861 (; rk to the Board William H. ke, Pro-Tem y Clerk to he Board M. eile O DA M: CCe David . Long u Attor ey Glenn Vaa Date of signature: .00g. 2004-1704 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Donald and Terri Dechant Violation: VI-0400044 Address: 18488 CR 33, LaSalle, CO 80645 Legal: Part of the SW4 of Section 35, T4N, R66W of the 6th P.M., Weld County, Colorado, aka Lot A of Recorded Exemption 3256 Location: Two miles east of Highway 85, East of and adjacent to CR 33 and north of CR 38 North: Agricultural property South: Agricultural property East: Agricultural property West Agricultural property Parcel Number: 1057-35-3-00-053 Acres: 16 Certified mail date: May 21, 2004 Received: June 2, 2004 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 pole barn shall have all inspections completed and a final approval. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action. CASE HISTORY January 27, 2004 10-day compliance letter issued February 11, 2004 30-day violation letter issued March 19, 2004 10-day letter requesting an inspection be scheduled April 6, 2004 Certified letter indicating the violation case is scheduled before the Board of County Commissioners May 3, 2004 Certified letter returned "Unclaimed" May 4, 2004 Letter to contact me or schedule an inspection within 10 days May 21, 2004 Letter mailed certified and regular mail indicating the case is scheduled before the Board of County Commissioners 2004-1704 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 1555 N. 17th Avenue, Greeley, CO 80631 Q Phone (970) 353-6100x3540 Fax (970) 304-6498 COLORADO May 21, 2004 Donald and Terri Dechant 18488 CR 33 LaSalle CO 80645 Subject: VI-0400044, Part of the SW4 of Section 35, T4N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Dechant: 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 22, 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 the building permit for the pole barn shall have final approval. 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, G hart Peggy Gregory Building Compliance Officer pc: VI-0400044 BCN-0200209 Wendi Inloes, Planning Technician II Bruce Barker, County Attorney "CcA/Ir' TFAnmrdr)RK INTFi;la I— r n V rV U.S. Postal Service,:, rn CERTIFIED MAIL,,,, RECEIPT in (Domestic Mail Only;No Insurance Coverage Provided) rR • F•r. inf•rmati nvisit •or we site at www.us•s.c•m.,; co OFFICIAL USE Postage S ru Certified Fee ru sem nt Required) t Fee Postmark (Endorsement Req CI Restricted Delivery Required) Total O (Endorsement Regyie e O Total Postage&Fees $ rn Sent o ukt qC ..Stie Se-Au-Jet M1 eer �pL Ab.; er Po sox Na�py/1.11111.....d.13__,3p3 City,Sfatex 2 - `'0 0oC0 Vs SEN'E':Ca M•LETE THIS SECTIeN CeM•LETE THIS SECTI.N eN•ELNE•Y • Complete items 1,2,and 3.Also complete Signat • .: item 4 if Restricted Delivery is desired. \\ ❑ Agent • Print your name and address on the reverse 1� ;� ❑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. D. Is delivery address different from item 1? ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No DONALD AND TERRI DECHANT 18488 CR 33 LA SALLE CO 80645 3. Service Type Certified Mail ❑ Express Mail 0 Registered ❑ Return Receipt for Merchandise 0 Insured Mail ❑ C.O.D. • 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. Article Number 70073 1010 0002 8989 1573 (Transfer from service labe, PS Form 3811,August 2001 Domestic Return Receipt 102555-02-M-1540 6 tt ay"l%1W DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US I E-mail Address: pgregory@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO May 4, 2004 • Donald and Terri Dechant 18488 CR 33 LaSalle CO 80645 Subject: Permit# BCN-020209 — Part of the SW4of Section 35, T4N, R66W of the 61h P.M., Weld County, Colorado Dear Mr. and Mrs. Dechant: I have previously contacted you regarding an outstanding building permit on your property at 18488 County Road 33 for a 1200 square foot pole barn which was issued on June 3, 2002. I sent a letter dated April 6, 2004, advising you of a meeting with the Board of County Commissioners. This letter was returned "Unclaimed." I have also attempted to contact you by telephone but am unable to get a listing. I am asking you to contact me at the above telephone number, address,or e-mail address within 10 days from the date of this letter so we can work together to get this matter resolved. If you are ready for an inspection, you may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. Thank you for your cooperation to this matter. LLSi erely, 241 Peg y Gregory Building Compliance pc: BCN-020209 VI-0400044 SERVICE,TEAMWORK,INTEGRITY.QUALITY DEPARTMENT OF BUILDING INSPECTION Code Compliance Division WWW.CO.WELD.CO.US ' E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Q Phone (970) 353-6100x3540 Fax (970) 304-6498 COLORADO April 6, 2004 • Donald and Terri Dechant 18488 CR 33 LaSalle CO 80645 Subject: VI-0400044 , Part of the SW4 of Section 35, T4N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Dechant: 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 11, 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 the permit shall have final approval. 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. rely,epp • Peggy GPegory fit Building Compliance Officer . - pc: VI-0400044 BCN-0200209 Wendi Inloes, Planning Technician II Bruce Barker, County Attorney SERVICE.TEAMWORK,INTEGRITY,QUALITY U.S. Postal Servicem D' CERTIFIED MAIL,., RECEIPT RII (Domestic Mail Only;No Insurance Coverage Provided) F r•elivery inf•rmeti•n visit•ur we•site at www.us•s.c•m;, u- I IAA. USE IT- m Postage $ ru Codified Fee PostmarkReturn Redept Fee (Endorsement Required) Here O Restricted Delivery Fee r-1 (Endorsement Required) O H Total Postage&Fees $ m al Sent ry Street. /8l/88 e or PO Box No.°. ie_,33ox City,were,ziw-g SC!//E'• do b ry Q/O7 -PS FAnn,g000.Aune 8002 See'Severna • DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US ' E-mail Address: pgregory@co.weld.co.us C 1555 N. 17th Avenue, Greeley, CO 80631 O Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO March 19, 2004 Donald and Terri Dechant 18488 CR 33 LaSalle CO 80645 Subject: Permit# BCN-020209— Part of the SW4of Section 35, T4N, R66W of the 6t" P.M., Weld County, Colorado Dear Mr. and Mrs. Dechant: I have previously contacted you regarding an outstanding building permit on your property for a 1200 square foot pole barn at 18488 County Road 33 which was issued on June 3, 2002. My letter dated February 11, 2004, requested you schedule an inspection within 30 days or a meeting would be scheduled with the Board of County Commissioners. I would like to avoid that, if possible, and again ask that you schedule an inspection within 10 days from the date of this letter. If a valid inspection is conducted, the permit will be extended for 180 days. 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, �t^et rt Pe g-y regory Building Compliance pc: BCN-020209 VI-0400044 SERVICE,TEAMWORK,INTEGRITY,QUALITY ' a DEPARTMENT OF BUILDING INSPECTION (11 4 al 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. 3540 111 gC Fax: (970) 304-6498 • COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE February 11, 2004 Donald and Terri Dechant 18488 CR 33 LaSalle CO 80645 Subject: VI-0400044, Part of the SW4 of Section 35, T4N, R66W, Weld County, Colorado Dear Mr. and Mrs. Dechant: It has been determined that the property located at 18488 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 of inactivity. To bring your property into compliance with the Weld County Code: All necessary inspections shall be completed and the permit for the pole barn shall have final approval. 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 11, 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. erely, ��J�'�• = X�CsL`1kL,� Peggy Gregory Building Compliance Officer pc: BCN-020209 VI-0400044 KiHt 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 C . Fax: (970) 304-6498 COLORADO January 27, 2004 Donald and Terri Dechant 18488 CR 33 LaSalle CO 80645 Subject: Permit# BCN-020209—Part of the SW4of Section 35, T4N, R66W of the 6'h P.M., Weld County, Colorado Dear Mr. and Mrs. Dechant: • It has come to the attention of the Department of Building Inspection that a permit for a 1200 square foot pole barn at 18488 County Road 33 was issued on June 3,2002. 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, IlAg Building Compliance pc: BCN-020209 SERVICE,TEAMWORK,INTEGRITY,QUALITY m to 389 I294438 04/19 Illlll�IIII V'II' JIM!' • II'I'lII'll III TsuI'I'I IIII IIII _ --.- t of 1 fl 5.00 0 8.80 WOW County CO WARRANTY DEED THIS DEED,Made this 16th day of April , 2002 between J. OLIVER LORENZ AND ELMS ELIZABETH LORENZ FAMILY TRUST id„s4YtaEp of the said County of WELD and State of COLORADO .grantor,and 5.;a- DONALD DECHANT AND TERRI DECHANT • x hoes legal address is 9894 WCR 11 ' C20.57-5- - - s'S=O -- LONGMONT, CO 80504 — '>• oldie said County of WELD and State of COLORADO grantee: WITNESS,that to grantor.for and in consideration of the sum of EIGHTY-EIGHT THOUSAND & 00/100 DOLLARS,the receipt and sufficiency of which iS herehy I acknowledged,has granted. bargained. sold and conveyed, and by t ese presents does grant,bargain.sell,convey and confirm.unto the gi sitters,their heirs and assigns forever.not in tenancy in common but in joint tenancy.all the real property,together coal improvements. If ar.y.anuate,lying and being:n the said County of WELD and State of Colorado described as follows: • • LOT A, RECORDED EXEMPTION NO. 1057-35-3 RE-3256, ACCORDING TO MAP RECORDED APRIL 9, 2002 AT RECEPTION NO. 2941324, BEING A PART OF THE SW 1/4 OF SECTION 35, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. a.su known by street ans number as:VACANT, CO • TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appenaining,and the reversion and reversions. remainder and remainders,rents,issues and profits thereof,and all the estate,right,tide. interest,claim and demand what • - • suever 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.sate,perfect. absolute and indefeasible estate of inheritance,in law, in fee simple,and has good right, full power and .caved_uthority to gran:, hargam. sell and convey the same in manner and form as aforesaid, and that the same are Free and clear front all tonucr and oilier grams.bargains,sales,liens,taxes.assessments,encumbrances and restrictions of whatever kind or nature soever,except GENERAL TAXES FOR 2002, PAYABLE IN 2003, AND EXCEPT RESTRICTIONS, RESERVATIONS, RIGHTS OF WAY, AND EASEMENTS OF RECORD, OR IN PLACE. 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 pan thereof The singular number shall include the plural,the plural the singular,and the use of any gentler shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set fonh above. 4LORNZ. OTRUSTEE ' . . ELIZABETH I9 EN.i 0-TRtJ.r. _ ;gip,........: ' vA, ELEA ELIZABETH ENZ, CO-TRU E • 2r JOEL '7RIBELHORP State of COLORADO County of WELD ) OF COL - • The foregoing instrument was acknowledged before me this 16th day of April , 2002 , by J. OLIVER LORENZ AND ELMA ELIZABETH LORENZ AS CO-TRUSTEES OF THE J, OLIVER LORENZ AND ELMS ELIZABETH LORENZ FAMILY TRUST • My commission expires '7_ /‘ D p) , Witness my hand and officia se I. Notary Public 0s s tWR s ism When mZIAE m: DONALD DECHANT It WARRANTY DEED(To lninTenants]1VY21AE%TNEWI 9094 WCR 11 LONGMONT, CO 80504 1*1.,MS-Citrix ICA Client • y ry s €.r * . 1,,'.':,!'"..i.74.;--;,:f .,.7' _i r gf n .t"x f"�, FIT Account Maintenance Q Fae Maintenance > ( Cancel -= fi'5TEI - �s> 35-04 66 ' Mill Levy 59.1550Q0: _ Owner Name/Address t k _ r xx' Account DECHANT DONALD 5,, Legal Description R2241603 N 18488 COUNTY RD 33 PT SW4 35-4-66 LOT A AMD REC EXEMPT •••RE-3256 LASALLE CO 80645-9208 Year District 38Rj 2004 0101 Apr Dist St A Parcel Number MR Space Seq k .`::`'1057-35-3-00-053 ( Street No Dir Street Name Type No# i - Location City Location Zip Acct Type Lagt i Agricultural 'S.' BACode Owner Id Owner Location Map No Business Name Version V_ Date Time ID Appl New Versiun 20031031007,;x; 31-OCT-2003 12:07 PM ` OKF'` Rw 20040127000' r Name E Tax ltemsr Protest (fl TYPE ACTUAL ASSD ACRES SO FT j• r Situs E Pre/S uc r Mobile Auth E Permit LAND 0 0 0 zp� o i Personal (P . 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