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Home My WebLink About20042723.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0300282 AGAINST JASON AND DAWN BIVENS 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, Jason and Dawn Bivens, VI #0300282, 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, Jason and Dawn Bivens were 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 Jason and Dawn Bivens 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. 2004-2723 PL0824 (to : 1�(.7) Uio , c4 VIOLATIONS -VI #0300282 - JASON AND DAWN BIVENS 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. (l ��'//u/ BOARD OF COUNTY COMMISSIONERS j �/�� WELD COUNTY, COLORADO �///�// EXCUSED a Robert D. Masden, Chair 44erdau rk to the Board _ �° Y William H. Jerke, Pro-Tem BY: eput rk to he Board EXCUSED M. J. ile AP D AS TO • F David Long ou y Attorn Glenn Vaa Date of signature: /V--/-,77 2004-2723 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Jason E and Dawn K Bivens Violation: VI-0300282 Address: 56796 County Road 23, Carr, CO 80612 Legal: Part of the N2NW4 of Section 24, T10N, R67W of the 6'" P.M., Weld County, Colorado Location: One half mile south of County Road 116 and east of and adjacent to County Road 23 North: Agricultural property South: Agricultural property East: Agricultural property West Agricultural property Parcel Number: 0303-24-2-00-012 Acres: 31.28 Certified mail date: August 13, 2004 Received: August 20, 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 the storage shed 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 September 22, 2003 10-day compliance letter issued October 6, 2003 30-day violation letter issued October 8, 2003 Phone call from property owner. He did not call for inspections as he was told this is an agricultural building and he did not need inspections. October 9, 2003 Letter to property owner regarding agricultural building information May 10, 2004 10-day compliance letter issued May 25, 2004 30-day violation letter issued July 23, 2004 Left message for Mr. or Mrs. Bivens to call me regarding their building permit August 13, 2004 Certified letter indicating the violation case is scheduled before the Board of County Commissioners 2004-2723 VI-0300282 Violation Summary page two August 25, 2004 Phone call from property owner, he will be calling for an inspection by 09/10/04 September 8, 2004 Left a message for Mr. and Mrs. Bivens to call me a DEPARTMENT OF BUILDING INSPECTION Code Compliance Division iv WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us 918 10tP Stne eley, CO 80631 Phone ((970) 353-53-610100x3568 Fax (970) 304-6498 COLORADO August 13, 2004 Jason E and Dawn K Bivens 56796 CR 23 Carr CO 80612 Subject:VI-0300282 , Part of the N2NW4 of Section 24,Ti ON, R67W of the 6th P.M.,Weld County,Colorado Dear Mr. and Mrs. Bivens: 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 the building 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. 62Sincerely,Art 111-Peggy Gregory Building Compliance Officer pc: VI-0300282 BC-0101067 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) N t11 M1 N Postage $ O O Certified Fee Postmark 1.11 Return Receipt Fee Here fLl (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) $ O Total Postage&Fees fU lt-1 Recipient's Name (Please Print in Clearly))(To be completed by mailer) O Jason e d /A_Z.]....Bial nS Street,Apt.No.;or PO Box No. 0 5pl 6790 Cie a3 M1City, cuy,�� rr•.aCO 2040/4 PS Form 3800,February 2000 See Reverse for Instructions • SENPE CIM'LETE THIS SECTIIN CIRV1•LETE THIS SECTI IN IN DELIVE•• • Complete items 1,2,and 3.Also complete A. Signature - - item 4 if Restricted Delivery is desired. q • Print your name and address on the reverse X ressea so that we can return the card to you. B. Received by(Printed ■ Attach this card to the back of the mailpiece, ) C. Da e of Delivery or on the front if space permits. [ • /V E a p • D. Is delivery address different horn item 1? + Yes 1. Article Addressed to: if YES,enter delivery address below: 0 No .Jason E d Thum �! 1T&yens 5(07910 e2 a3 (Orr 00 106/02. 3. Service Type • Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number �n (Transfer from service label) 7 rlOO0 05;q0 00x5 05002 795(0 PS Form 3811,August 2001 Domestic Return Receipt 2ACPRl-o3-P-4081 (tctri;Noss DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US ' E-mail Address: pgregory@co.weld.co.us 1555 C N. 17th Avenue, Greeley, CO 80631 Phone: (970)353-6100, Ext. 3568 Fax: 30(970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE May 25, 2004 Jason E and Dawn K Bivens 56796 CR 23 Carr CO 80612 • Subject: BC-0101067, Part of the N2NW4 of Section 24,T10N, R67W of the 6`h P.M.,Weld County,Colorado Dear Mr. and Mrs. Bivens: It has been determined that the property located at 56796 County Road 23 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 storage shed 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 May 25, 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. Sincerely, (1311,11 (/ v 9gY 9 ry Building Compliance Officer pc: BC-0101067 VI-0300282 i&Ete"1;;;46 DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US I E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 O Fax: (970) 304-6498 COLORADO May 10, 2004 Jason E and Dawn K Bivens 56796 CR 23 Carr CO 80612 Subject:'Permit# BC-0101067- Part of the N2NW4 of Section 24, T10N, R67W of the 6'h P.M., Weld County, Colorado Dear Mr. and Mrs. Bivens: It has been 180 days since the last inspection on the above noted permit for an 864 square foot storage shed at 56796 County Road 23. This permit was issued on January 22, 2002. According to our records, all required inspections are not yet completed. Failure to schedule inspections within 10 days from the date of this letter will result in a violation notice. To schedule inspections,please call our 24-hour request line at 1-800-234-2534 or 970-356-8016. Should you have any questions, I may be reached at 970-353-6100 Ext. 3540. Thank you for your cooperation to this matter. Sincerely, Sert Peggy Gregory Building Compliance pc: BC-0101067 VI-0300282 •SERVICE,TEAMWORK,INTEGRITY,QUALITY ,III a DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us oct • 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO October 9, 2003 Jason E and Dawn K Bivens 56796 CR 23 Carr CO 80612 Subject: Permit# BC-0101067— Part of the N2NW4 of Section 24, T10N, R67W, Weld County, Colorado Dear Mr. and Mrs. Bivens: Jason, I spoke with you on Wednesday,October 8,2003. You stated you had not completed the inspections on your building permit as you were told you did not need a permit for an agricultural building. Permits are required for agricultural exempt buildings. There is no charge and no inspections are performed on the building itself. If electricity or water for livestock is included, a separate permit is required and inspections must be completed. Agricultural permits restrict you to agricultural use only; no personal vehicles or items may be stored in these buildings. I encourage you to complete building permit number BC-0101067 for the 864 square foot storage shed which has electrical included. Please keep in mind that this permit is in violation of the Weld County Code as there has been no activity for over 180 days. If an inspection is scheduled and approved,the permit is extended for another 180 days. If you have any questions, I may be reached at 970-353-6100, Ext. 3540. Sincerely, CSW /ljert Peggy Gregory Building Compliance pc: BC-0101067 VI-0300282 SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US ' D E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 WI Fax: (970) 304-6498 Co COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE October 6, 2003 Jason E and Dawn K Bivens 56796 CR 23 Carr CO 80612 Subject: VI-0300282, Part of the N2NW4 of Section 24,T10N, R67W of the 6'h P.M.,Weld County,Colorado Dear Mr. and Mrs. Bivens: It has been determined that the property located at 56796 CR 23 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 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 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 October 6, 2003, 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�n� so that I may reserve a sufficient amount of time with you. / �erely, Pegg Grego rt Building Compliance Officer pc: BC-0101067 VI-0300282 SERVICE,TEAMWORK,INTEGRITY,QUALITY 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 September 22, 2003 Jason E and Dasen K Bivens 56796 CR 23 Carr CO 80612 Subject: Permit # BC-0101067 — Part of the N2NW4 of Section 24, T10N, R67W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Bivens: It has come to the attention of the Department of Building Inspection that a building permit for an 864 square foot storage shed at 56796 County Road 23 was issued on January 22, 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, X800 A Peggy Gregory Building Compliance pc: BC-0101067 SERVICE,TEAMWORK,INTEGRITY,QUALITY 111111111111111111111111III111111111111III i�i1111111111 2877468 08/24/2001 11:24A JA Suki Tsukantolo 1 of 1 R 6.00 D 7.95 Weld County CO 466, ed for record the day of ,A.D. , at o'clock M. RECORDER. .eption No. By DEPUTY. WARRANTY DEED SwIG 8-o2I-OI THIS DEED, Made on this day of August 10,2001 LJCC) �7 15 between L.JEAN CHADWICK . • of the County of LARIMER and State of Colorado , of the Grantor(s), and JASON EUGENE BIVENS AND DAWN KAY BIVENS whose legal address is : 41.313OC... / CaSSi ' 0l / f inn/WA the County oinn/WA a State of� // of the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sun of ( 579,500.00 ***Seventy Nine Thousand Five Hundred 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), their heirs and assigns forever, not in tenancy in common but in joint tenancy, 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 1/2 OF THE NW 1/4 OF SECTION 24,TOWNSHIP 10 NORTH,RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO. SELLER RESERVES 49% 0k' MINERAL RIGHTS OWNED sy SELLER, also known as street number VACANT LAND-WELD COUNTY RD 23, CARR, CO 80612 TOGETHER with all and singular and hereditaments and appurtenances thereto 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(s), 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 appurtenances, unto the Grantee(s), their 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), their 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 end 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, SUBJECT TO GENERAL TAXES FOR THE YEAR 2001;AND EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OF WAY OF RECORD, IF ANY;AND DISTRIBUTION UTILITY EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL TAXING DISTRICT;AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS, IF ANY. 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 and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. L.LEAN HA W WICK CK STATE OF Colorado )ss. County of LARIMER The foregoing instrument was acknowledged before ie on this day of August 10, 2001 by L.JEAN CHADWICK MY commission expir Gp0 3' 030 o s_ Witness my hand and ffici nn- t.%) „coA gCP��w� ExoaeDec. xotar Pub( Name end Address of Person C `Newly Created Legal Description ( 38.35-106.5, C.R.S.) Escrow# FC219435 When Recorded Return to: JASON EUGENE GIVENS AND DAWN KAY GIVENS Title# FC219435 Form No. 921A Rev 4-94. WARRANTY DEED (Joint Tenants WDJT1) . {. . -.cx.e-:_. .. . . ......: - r, ai •count Maintenance "®i File Maintenance �_ _? I r Cancel STR 24-10-67 MITI Lev Owner Name/Andress y 67-291000. ;� Account GIVENS JASON EUGENE >i L�''. Legal Description 112583203 N 56796 COUNTY RD 23 — PT N2NW424-10-67 LOT O'REC EXEMPT RE-3538 Year District CARR CO 80612 (1.82RR.5281 2004 0915 Apr Dist St A .i Parcel Number MH Space Seq 0303-24-2-00-012 Street No Dir Street Name Type No# 56796 23 CR Location City ? Location Zip Acct Type Lagt CARR ""1806120000 Agricultural BACode Owner Id Owner Location Map No Business Name Version V Date: Trine ID Appl New Version 20040818000—.2 18-AUG-2004 12:07 PM ; ECS FXHD. . 20040908000 '. F ame (� Tart Iteinsr Ptoeeme[ 6 • TYPE ACTUAL ASSD I ACRES 50 FT F Situs N Pie/Spc 1- J'AttTrlie Auth r Permit LAND „,,,,,,,,,,,;!,-:2449,34-liw -770 34 28Q 1j62 557. !MPS 16 0931 1.280 768 1-.11otbTe l 1 make [- 61ue T 1'ersanaTLP n..l. F tact r Tax Sale " T—liii anal baa r Condo J 5pr l tr i fControl r Recording � i I r Block r Mines.. F History r TOTAL 18,748 2,0511! F' r Sales F Sibling • Queries r Miso�M `lags- Ft etaplion: FS ketch ACCOUNT ``## Current Year Prior Version �r.Tartchan - Prior Year_.. .,e„ talc vets,"risti Abatement Next Year Characteristics Property Card Start�II L1?E::. �`n ?E... (4lInbo.� AIM,•. ,Arc..., ' Wel..:� Acti.•- I WB..: E �A ® 9:p94M v/ 03�a'a °-/O O s. . 4 :44« '' •sm ar• A I Vi-0300a1,2 Hello