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Home My WebLink About20041933 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST LEROY AND LEANN MONTOYA 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, Leroy and Leann Montoya, VI #0400156, 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 13th day of July, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Leroy and Leann Montoya, property owners,were 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 August 13, 2004, to allow adequate time for the property owners 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 #0400156 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Leroy and Leann Montoya 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 August 13, 2004, to allow adequate time for the property owners to bring the subject property into compliance. 2004-1933 1-.5"- ee, /02 40/ 4 e..9 PL0824 VIOLATIONS - VI #0400156 - LEROY AND LEANN MONTOYA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of July, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WEnCOUY C_ ,OLQRADO ATTEST: nV^VnV��d\ Robert D. Masden, Chair t ty Clerk to the Board R6 � ' ,,A William H. ke, Pro-Tem BY rS c4De ay lerk to the Board 19.5 <\ J. eile ti.Ik 1 e AS TO FOR . EXCUSED David E. Long (� unty Attor Glenn Vaad Date of signature: Bfrt 2004-1933 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Leroy and Leann Montoya Address: 140 23rd Avenue, Greeley CO 80631 Violation: VI-0400156 Violation address: 42266 Highway 34, Orchard, CO 80649 Legal: Part of the NW4 of Section 30, T4N, R61 W of the 6'" P.M., Unplatted Block 7, Deerfield, Weld County, Colorado Location: South of and adjacent to Highway 34 and 1 mile west of CR 87 North: Agricultural property South: Agricultural property East: Agricultural property West Agricultural property Parcel Number: 1047-30-0-31-001 Acres: 3.6 Certified mail date: June 28, 2004 Received: July 6, 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, all inspections shall be completed and a Certificate of Occupancy issued on building permit number PRN-033063. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney but delay action for 30 days as the property owners are attempting to resolve their building issued. CASE HISTORY January 22, 2004 Mr. and Mrs. Montoya met with Jeff Reif, Building Official regarding concerns over completing the home. March 22, 2004 10-day letter issued May 26, 2004 30-day violation letter issued June 9, 2004 Mr. and Mrs. Montoya met with Roger Vigil and Peggy Gregory. They were inquiring what exactly needed to be done to complete their building permit. They believe they will be done in the near future. They were advised they would be receiving a certified letter to schedule the violation before the Board of County Commissioners as their permit is now one year old. 2004-1933 VI-0400156 Page two June 28, 2004 Certified letter indicating the violation case is scheduled before the Board of County Commissioners mailed. July 8, 2004 I received a telephone call from Mrs. Montoya inquiring if they should continue construction on their home as they are now scheduled with the Board of County Commissioners. I advised them to complete as much work as possible. They will attend the hearing on 07/13/04. ) DEPARTMENT OF BUILDING INSPECTION Code Compliance Division ' W W W.CO.W ELD.CO.US ge Address: pgregory@co.weld.co.us E-mail1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100x3568 Fax (970) 304-6498 COLORADO June 28, 2004 Leroy and Leann Montoya _ 140 23 AV#47 Greeley CO 80631 - - Subject: VI-0400156 , Part of the NW4 of Section 30, T4N, R68W of the 6th P.M., Unplatted Block 7, Deerfield, Weld County, Colorado Dear Mr. and Mrs. Montoya: 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 Tuesday, July 13, 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 issued. 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, 11 414P Pegg y Gregory Building Compliance Officer pc: VI-0400156 PRN-033063 Wendi Inloes, Planning Technician Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S.Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) O S rO fl.l Postage $ C Certified Fee p Postmark Ln Return Receipt Fee Hem (Endorsement Required) CU O Restricted Delivery Fee CI (Endorsement Required) o Tote%Postage a Fees Li') Recipient's Name (Please Print Clearly)(To be completed by mailer) o kerns el /earn A1.anivyq a Street,API. o.;or PD Box No. o -110 az Av *j/7 rvCity, e,ZIP 4 2063/ i • - f CO 3•.c.,_See,ReVerse;fi4tklnnttilCtions` PSForm 38b0,4rebruary 2000. $ENiE': C.M'LETETHIS SECTI4N C•M•LETETHISSECTI•N eN IELIVE•V and 3.Also complete A. Signature ■ Complete items 1,2, O Agent item 4 if Restricted m Delivery isdesired. X , $ a.ay• O Addressee ■ Print yourr name and address n the reverse C. Date of Delivery so that we can return the card to you. B. Received by(Printed Name) N Attach this card to the back of the mailpiece, 1.04 h M , • or on the front if space permits. D. Is delivery address differe from item 1? O Yes 1. Article Addressed to: If YES,enter delivery address below: O No JUL 0 2Z004 LER0Y AND LEANN M0NT0YA 140 23 AV #47 GREELEY CO 80631 3. Service Type K]Certified Mail O Express Mail - O Registered O Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery?(Extra Fee) ❑ Yes 2. ArtiCie Number 7000 0520 0025 0402 7840 (Tr ansfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 2ACPRI-03-P-4091 i DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US IwD E-mail Address: pgregory@co.weld.co.usIII 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 Q Fax: (970) 304-6498 • COLORADO _ WELD COUNTY BUILDING CODE VIOLATION NOTICE May 26, 2004 Leroy and Leann Montoya 140 23 AV #47 Greeley CO 80631 • Subject: VI-0400156, Part of the NW4 of Section 30, T4N, R61W of the 6th P.M., Unplatted Block 7, Deerfield, Weld County, Colorado Dear Mr. and Mrs. Montoya: It has been determined that the property located at 42266 Highway 34 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 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 26, 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, Peggy Gregory Building Compliance Officer • pc: PRN-033063 VI-0400156 _ • Ati\CI DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US lege 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 March 22, 2004 1' Leroy and Leann Montoya 140 23 AV #47 Greeley CO 80631 Subject: Permit# PRN-033063— Part of the NW4 of Section 30, T4N, R61W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Montoya: It has come to the attention of the Department of Building Inspection that you were issued a permit for a 27 X 56 manufactured home at 42266 Highway 34. 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 September 8, 2003, and expired on March 6, 2004. Failure to schedule inspections within 10 days from the date of this letter and complete the permit within 30 days 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 in this matter. Sincerely,Art 5A3 62 -- 3/30/01-1- c- per � Bz ' Pe�egory B )' J n e A - 4 430 Building Compliance GQ. .'u-� �"/_ -�' pc: PRN-033063 / WA 3 49B0 e Wa2-?- 21 Ogeeilet1/2m) frit -5417 SERVICE,TEAMWORK,INTEGRITY,QUALITY • 11111111111111111111111111111111111111It 1I111 IIII 11r 2993333 10/04/2002 11:46A Weld County, CO 1 of 1 R 6.00 D 2.12 J.A. "Suld"Tsukamoto • • 3_ Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the 'property')from the individual(s),corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(s) or entity(ies)named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except _ for(l)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of- way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restrictions shown of record(6)any additional matters shown below under"Additional Warranty Exceptions", and(7)subject to building and zoning regulations. D.F. $2.12 The Specific Terms of his Deed Are: Grantor: (Give name(s)and places)of residence;if the spouse of the owner-grantor is joining in this Deed to release hon¢sread rights.identify grantors as husband and wife.) DEARFIELD HOMES, LLC, A COLORADO LIMITED LIABILITY COMPANY - - Grantee: (Give name(s)and addressees);statement of address.including available road or saes number.) LEROY MONTOYA AND LEANN MONTOYA /ea() aacd OA-kenuc # �- e.-4✓<c(ts-1 (0 80(031 Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words'in joint tenancy'or words of the same meaning are added in the space below.) JOINT TENANTS Property Description (Include county and stale.) UNPLATTED BLOCK 7, DEARFIELD TOWNSITE AND SETTLEMENT, WELD COUNTY, COLORADO. Property Address: VACANT LAND DEARFIELD CO • Consideration: (The statement of a dollar amount is optional,adequate consideration for this deed will be presumed unless this conveyance is identified as a gift. In any case this conveyance is absolute,final and unconditional.) TWENTY ONE THOUSAND ONE HUNDRED NINETY FIVE AND 00/100 Reservations-Restrictions: Of the GRANTOR intends to reserve any interest in the property or to convey less than is owned,or if the GRANTOR is restricting the GRANTEE'S right in the property.make appropriate indication.) 1.0 4 V/-0 00/5 - 7/S)/p� 4 Cm C G a • • • • • • r VI-0400/5 7/1/041 Tt - t • + a 4.,,,. ..Ci • Y N \ -1 HY ,. '-S 4 -p J P Ik i 1 ,1, . \l/'' o 00/5 7 2/oV Hello