HomeMy WebLinkAbout20042725.tiff RESOLUTION
RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0400158
AGAINST JOSE FRANCO AND ROSA PEREA 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, Jose Franco and Rosa Perea, VI #0400158, 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,Jose Franco and Rosa Perea 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 Jose Franco and Rosa Perea 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.
2004-2725
PL0824
o :e .c ) id 0, IA- 09- -O e/
VIOLATIONS -VI #0400158 - JOSE FRANCO AND ROSA PEREA
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
4 a f 4n44/���Gf EXCUSED
C
', ' Robert D. Masden, Chair
\o erk to the Board
1861 "Y-I- eim / `
, William H. Jerke, Pro-Tem
"', ' eputf� lerk o the Board EXCUSED
--- -- M. J. tl
APP D AS TO • e 0
David . Long
n y A tome
Glenn Vaa
Date of signature: ,1=2 7- fr
2004-2725
PL0824
Weld County Violation Summary
Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Jose Franco and Rosa Perea
Violation: VI-0400158 •
Address: 18790 Highway 392, Lucerne, CO 80646
Legal: Part of the NE4NE4 of Section 19, T6N, R65W of the 6th P.M.,
Weld County, Colorado
Location: South of and adjacent to Highway 392 and west of and adjacent to Highway 85
North: Commercial zoned properties at Lucerne
South: Agricultural property
East: Commercial zoned properties across Highway 85
West Agricultural property
Parcel Number: 0803-19-0-00-011 Acres: .75
Certified mail date: August 13, 2004 Received: September 1, 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 to remove the basement apartment 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 as this property has previously been in violation for a non-commercial junkyard and for
renting the basement apartment. On January 22, 2003, the Court granted 60 days to complete this
permit.
CASE HISTORY
January 16, 2003 Permit issued to remove the apartment as a condition of the previous violation.
February 4, 2004 10-day letter compliance letter issued
February 19, 2004 30-day letter to schedule inspections to avoid legal action
June 3, 2004 30-day violation letter issued
August 13, 2004 Certified letter indicating the violation case is scheduled before the Board of
County Commissioners
2004-2725
rsti;t:
DEPARTMENT OF BUILDING INSPECTION
Code Compliance Division
' WWWpgreg.CO.WELD.COc.US
E-mail
il Address:
C 918 10th Street, Greeley, x3561
O Phone ((970)0)353-53-610100x3568
Fax (970) 304-6498
COLORADO
August 13, 2004 •
Jose Franco and Rosa Perea
PO Box 44
18790 Highway 392
Lucerne CO 80646
Subject: VI-0400158,Pad of the NE4NE4 of Section 19,T6N, R65W of the 6th P.M.,Weld County,Colorado
Dear Mr. Franco and Ms. Perea:
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 permit for removal of the apartment in the
basement shall be completed and 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,
6411 Arti
Peggy Gregory
Building Compliance Officer
pc: VI-0400158
BCN-030016
SERVICE,TEAMWORK,INTEGRITY,QUALITY
U.S.Postal Service
CERTIFIED MAIL RECEIPT
(Domestic Mail Only; No Insurance Coverage Provided)
III
N raSSIII!
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Ili Postage $
O
CI CI Certified Fee
Postmark
Ln Return Receipt Fee Here
Ill
(Endorsement Required)
O Restricted Delivery Fee
CI (Endorsement Required) Q•
a Total Postage&Fees $
N
NT Regipient's Name (Pl Print Clearly),�^r (To be completed by mailer)
rea
Street,Apt.No.;or PO Box No.
o '20.3,1 4't' p 1.1.790 May 39a
O City, fate,ZIPS 4 (:I I rp i
LB_ me C
•S Farm 3:r r,Fe•ru ry2l Ol Se verset.rinstructi•ns
C 14iPLETE THIS SECTION ON sELIVE'V
SEN•E•: Ce MFLETE THIS SECTI eN• Complete items 1,2,and 3.Also complete A. Signature O Agent
item 4 if Restricted Delivery is desired. A142 C- r - LA.9 ?Addressee
■ Print your name and address on the reverse Name) C. Date Delivery
so that we can return the card to you. B. Received by(Printed -e of _
■ Attach this card to the back of the mailpiece, - D O Yes
or on the front if space permits. D. Is delivery address differem from item 17
1. Article Addressed to: If YES,enter delivery address below: O No
Jose Fanco ao sarea
--PC, tax 44
/2190 Hwy 392 3. Service Type
Cogo&4(O ?Certified Mail CI Express Mail
UCernB O Registered O Return Receipt for Merchandise
O Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑ Yes
2. Article Number 11OO0 05x0 00.25 O41-o.2 79x5
(Transfer from service label) ppCPRl-03-P4081
PS Form 3811,August 2001
Domestic Return Receipt
DEPARTMENT OF BUILDING INSPECTION
Code Compliance Division
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. 3568
WIC Fax: (970) 304-6498
•
COLORADO
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
June 3, 2004
Jose Franco and Rosa Perea
PO Box 44
Lucerne CO 80646
Subject:VI-0400158, Part of the NE4NE4 of Section 19, T6N, R65W of the 6`h P.M., Weld County, Colorado
Dear Mr. Franco and Ms. Perea:
It has been determined that the property located at 18790 Highway 392 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 to remove the basement apartment 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 June 3,
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, Sp"
Peggy Gregory
Building Compliance Officer
pc: BCN-030016
VI-0400158
3 a5
DEPARTMENT OF BUILDING INSPECTION
Website: WWW.CO.WELD.CO.US
g E-mail Address: pgregory@co.weld.co.us
le 1555 N. 17th Avenue, Greeley, CO 80631
Phone: (970) 353-6100, Ext. 3540
O Fax: (970) 304-6498
C.
COLORADO
February 19, 2004
Jose Franco and Rosa Perea
PO Box 44
Lucerne CO 80646
Subject: Permit# BCN-030016— Part of the NE4NE4of Section 19, T6N, R65W of the 6th P.M.,
Weld County, Colorado
Dear Mr. Franco and Ms. Perea:
I contacted you by letter dated February 4,2004, regarding the above noted building permit for removal of the
apartment in the basement of the existing dwelling. To date, no inspections have been scheduled. As there
has previously been a violation on your property,the County Attorney's office will proceed with legal action if all
inspections have not been completed and the permit closed within 30 days from the date of this letter.
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.
"irrcerly,
PegVieregory 0
Building Compliance
pc: BCN-030016
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
tbetz.;
rs
DEPARTMENT OF BUILDING INSPECTIOI
Website: WWW.CO.WELD.CO.0
WI lige
E-mail Address: pgregory@co.weld.co.r1555 N. 17th Avenue, Greeley, CO 8063
Phone: (970) 353-6100, Ext. 354
Fax: (970) 304-649
COLORADO
February 4, 2004
Jose Franco and Rosa Perea
PO Box 44
Lucerne CO 80646
Subject: Permit# BCN-030016—Part of the NE4NE4of Section 19, T6N, R65W of the 6th P.M.,
Weld County, Colorado
Dear Mr. Franco and Ms. Perea:
It has come to the attention of the Department of Building Inspeclion that a permit for removal of the
apartment in the basement at 18790 Highway 392 was issued on January 16,2003. 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.
+eenel
•
\ J��ty0�
Pe Gregory
99Y 9 Y
Building Compliance
pc: BCN-030016
SERVICE,TEAMWORK,INTECR IT. Q❑'.'n V
PEGGY GREGORY Re: Franco/Perea Page 1
From: DIANE Beckman
To: GREGORY, PEGGY
Date: 2/4/04 8:49AM
Subject: Re: Franco/Perea
Why don't you start with a letter. Be sure to include that if they don't comply, our office will proceed with
legal action. Then,just keep me posted on the progress, if any. If not, we will determine what to do at
that point!!
Thanks!!
Diane Beckman, Paralegal
915 Tenth Street
P.O. Box 758
Greeley, CO 80632
(970) 356-4000, Ext. 4388
(970) 352-0242 (Fax)
This e-mail contains confidential
and/or privileged information.
If the reader is not the intended recipient,
please reply and delete your copy of this
Message.
>>> PEGGY GREGORY 02/03/2004 02:51:21 PM >>>
This property was under VI-9900121 which is now closed. On 01/22/03 the court granted 30 days to final
building permit BCN-030016 to remove the apartment from the basement. This permit has had no
inspections since 04/03. Should I send a letter to see if I get any results?
If not, do we have to start all over again on a violation?
Thanks
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Aka 1539 40 Recorder
c .-`WaxrarteDeed Q
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances(the
"property")from the individualist,corporation(s),partnership(s),or other entily(les)named below as GRANTOR to the individual(s)
or entily(les) named below as GRANTEE.
The GRANTOR hereby sells end conveys the property to the GRANTEE and the GRANTOR warrants the title to the properly,
except for(I)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(s)
any protective covenants and restrictions shown of record,and(6)any additional matters shown below under"Additional Warranty
Exceptions".
The Specific Terms of This Deed Are:
Grantor: (Give name(s)and places)Cl residence;it the spouse of the owner-grantor is joining in this Deed to release homestead rights,identity grantors as husband and wife.)
AVA E. ROSE and JUNE R. AYLSWORTH
6356 Pueblo Pass
San Angelo, TX 76901
Grantee: (Give namen')and address(es);statement of address.including available road or street number,is required)
•
JOSE FRANCO and ROSA PEREA
18790 Hwy. 392
Lucerne, CO 80646
Form of Co-Ownership: (II 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: f include county and state.)
See Attached Legal Description
2453940 B-1509 P-516 09/01/95 03:08P PG 1 OF 2 REC DOC
Weld County CO Clerk & Recorder 11.00 10.10
Property Address: 18790 Hwy. 392, Lucerne, CO 80646
Consideration: (The statement of a dollar amount is optional;adequate consideration for this deed will be presumed unless this conveyance la
identified as a gilt:in any case this conveyance is absolute,final and unconditional.)
---ONE HUNDRED ONE THOUSAND AND NO/100 DOLLARS ($101,000.00)
R lions-Resldctlons: (If the GRANTOR intends to reserve any interest in the property or to convey less then he owns,or it the GRANTOR
is restricting the GRANTEE'S right in the property,make appropriate indication.)
Mineral rights shall be reserved by Grantor
m
O
-o
a - Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters no(covered above.)
EXCEPT general taxes for 1995 and subsequent years, and EXCEPT any easements,
reservations, restrictions and rights of way, visible or of record; and subject to
building and zoning regulations.
55
Executed by the Grantor on August 30 19 95
Signature Clause for Ccrporallen,Partnership or Association: Signature Clause for Individual(s):
Name of Grantor: Corporation,Partnership or Association % AVA E. OSE
J +' R. ni Grantor
ay
her attorne -in-fact/. ).—
�L t o�
Sy act
`rrwampr
. OLJ
Attest'' - R. A (./ Grantor
STATE OF COLORADO •
COUNTY OF Weld ) ss.
The foregoing instrument was acknowledged before me this
30th day of August 'g 95
By' JUNE R. AYLSWORTH, for herself, and as attorn y-in-fact f AVA E. RO E
wITNESS my hand and official seal. /
Myemr e link" Aar. 10/16/95 „r,,,,, "c c/Aetl
Public OF '
COUNTY OF . V.!' s. 918 11 Av. ,/ reelsy, CO 80631
I� v'
The foregoing instrument was acknowledged bell a Me thli ' '. '-
ear of Ig
n :
('name individual Grantor(s)or if Grantor fsCorporpbge,P•1Anerfhnor Aesoclelion,then identify signers as president or vice presldentand secretary or
assistant secretary of corporation;or as partner(s)art.partnership;or.a's authorized member(s)of association.)
•
WITNESS my hand and official seal.
My commission expires:
•
!hoary Public
•1 eat UPDATE LEGAL FORMS NO.201
PO, 1615•Greeley.Colorado x0634
1303)35
LEGAL DESCRIPTION FOR ATTACHMENT TO WARRANTY DEED BY AND BEIWEEN
AVA E. ROSE and JUNE R. AYLSWDRTH (GRANTOR) and JOSE FRANCO and
ROSA PEREA (GRANTEES) for PROPERTY COMMONLY KNOWN AS
18790 Hwy. 392, Lucerne, CO 80646
SAID DEED DATED August 30, 1995
2453940 B-1509 P-516 09/01/95 03:08P PG 2 OF 2
•
That part of the East Half of the Northeast Quarter (E1/2 NE1/4) of Section Nineteen (19) .
Township Six (6) North, of Range Sixty-five (65) West of the 6th P.M. , County of Weld,
State of Colorado, described as follows:
Beginning at -a point 324 feet East of the Northwest Corner (NW Cor) of the East Half of
the Northeast Quarter (E1/2 NE1/4) of said Section 19;
thence East to the right of way of the Cheyenne Division of the Union Pacific Railway
Company;
thence Southeast along said right of way to the canal of the New Cache LaPoudre Irrigating
Company;
thence West along said canal to a point 328 feet East of the West line of the East Half of
the Northeast Quarter (51/2 NE1/4) of said Section 19;
thence North to the Place of Beginning. EXCEPT that parcel conveyed to the Department of
Highways in Deeds recorded December 27, 1962 in Book 1633 at page 88 and page 90.
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