The URL can be used to link to this page

Browse Search

Home My WebLink About20042722.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST TIMOTHY AND ELANE SWANEY 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,Timothy and Elane Swaney,VI#0300197,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, Timothy and Elane Swaney 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 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 October 14, 2004, to allow adequate time for the property owners complete all work 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 #0300197 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Timothy and Elane Swaney 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 October 14, 2004, to allow adequate time for the property owners to bring the subject property into compliance. 2004-2722 PL0824 00 ; FL CD) V u a9-a3-o4-// VIOLATIONS - VI #0300197 - TIMOTHY AND ELANE SWANEY 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 41E 11'1 WELD COUNTY, COLORADO Taf: 4/ EXCUSED 1861 .1y , Robert D. Masden, Chair ou erk to the Board JJ William H. Jerke, Pro-Tem • Deputy Clerk • the Board EXCUSED M. J. ile APPR ED AS T M: David E. Long County Attorney nVa /..4_4 I� a a Date of signature: /--9 F7" 2004-2722 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Timothy J and Elane G Swaney Violation: VI-0300197 Address: 15575 CR 90, Pierce, CO 80650 Legal: Part of the SE4 of Section 22, T8N, R66W of the 6th P.M., Weld County, Colorado Location: North of and adjacent to County Road 90 and west of and adjacent to Highway 85 North: Agricultural property South: Town of Pierce East: Hunt and Clayton Subdivision across Highway 85 West Agricultural property Parcel Number: 0553-22-4-00-011 Acres: 118.23 Certified mail date: August 13, 2004 Received: August 23, 2004 Currently the property is in violation of: Chapter 23,Article IV, Division 3, Section 23-4-180 and Chapter 29, Article VIII (8), Section 29-8-40 REMEDY To bring the property into compliance the building permit for the medical hardship mobile home shall have all inspections completed and a Certificate of Occupancy issued. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney but delay action for 30 days to allow Mr. Swaney to complete inspections.. CASE HISTORY May 5, 2004 10-day compliance letter issued June 9, 2004 30-day violation letter issued July 26, 2004 Attempted to call the property owner, no answering machine August 13, 2004 Certified letter indicating the violation case is scheduled before the Board of County Commissioners August 17, 2004 Spoke with Mr. Swaney, he had questions regarding completing the permit. August 18, 2004 Bryon Horgen, Plans Examiner, spoke with Mr. Swaney. He should be able to complete all corrections and call for inspections soon. September 7, 2004 Spoke with Mr. Swaney, he plans to complete all required inspections by the weekend. 2004-2722 a DEPARTMENT OF BUILDING INSPECTION Code Compliance Division WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us C 918 10th Street,( 70)Greeley,53- CO 10x3561 Phone (970) 353-6100x3568 Fax (970)304-6498 COLORADO August 13,2004 Timothy J and Elane G Swaney 15575 CR 90 Pierce CO 80650 Subject: VI-0300197, Part of the SE4 of Section 22, T8N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Swaney: 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: Chapter 23,Article IV, Div 3 "Mobile Homes and Manufactured Structures" Section 23-4-180 "Temporary accessory use during medical hardship" Section 29-8-40 'Expiration of permit" To bring your property into compliance: all inspections shall be completed and the permit for the medical hardship mobile home shall be issued a Certificate of Occupancy. 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, p, A Peggy rego Building Compliance Officer pc: VI-0300197 PRN-033113 ZPMH-2381 SERVICE,TEAMWORK,INTEGRITY,QUALITY U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ru m D"' M1 rU Postage $ C Certified Fee Return Receipt Fee Postmark (Endorsement Required) Here rtl Cl Restricted Delivery Fee O (Endorsement Required) Total Postage.4 Fees ru ul Recipient's Name (Please Print Clearly)(To be completed by mailer) TMithiy Jat S/Q.rze_.. aney in Street,Apt.N ;or PO Box No. /5575 CR_--9D ate,Z/P+4 S0&SO •SF.rm3:nFe,ru ry2ur See •eversef.rinstructi.ns SENDER: COMPLETE THIS SECTION COM•LETF THIS SECTIeN eN IELIVE•V • Complete items 1,2,and 3.Also complete A. Si. item 4 if Restricted m address is d ed.re / Agent ■ Print your name and address on the reverse ► Addressee so that we can return the card to you. R. R - • ) C. Date of Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. //4. aifo """ - 1-7-C(I 1. Article Addressetl to� n ` (�, Is deliiveryi-ddress different m 1? ❑Yes 1JA"V` I Y ` .'H TES,enter delivery address low: 0 No • % /fmofllyJat Elan 6 SQney 5575 C2 90 fierce Co S0(o a Service Type Certified Mail ❑ Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) O Yes 2. Article Number (Transfer from service label) 7000 05.20 00.25 0 S/oa 793.2 PS Form 3811,August 2001 Domestic Retum Raceipt 2ACPRl.o3-P7iro81, (14) DEPARTMENT OF BUILDING INSPECTION Code Compliance Division Website: WWW.CO.WELD.CO.US ' E-mail Address: pgregory@co.weld.co.us CO 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3568 • Fax: (970)304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE June 9, 2004 Timothy J and Sane G Swaney 15575 CR 90 Pierce CO 80650 Subject: VI-0300197, Part of the SE4 of Section 22, T8N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Swaney: It has been determined that the property located at 15575 County Road 90 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 a Certificate of Occupancy shall be issued. 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 9, 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. e[ely, ilten Peggy egory Building Compliance Officer pc: PRN-033113 VI-0300197 4ate DEPARTMENT OF BUILDING INSPECTION �-,1 Website: WWW.CO.WELD.CO.US T 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 5, 2004 Timothy J and Elane G Swaney 15575 CR 90 Pierce CO 80650 Subject: Permit# PRN-033113 — Part of the SE4 of Section 22, T8N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Swaney: It has come to the attention of the Department of Building Inspection that you were issued a permit for a 16 X 80 mobile home at 15575 County Road 90 for temporary use as a medical hardship. 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 November 4, 2003. Failure to schedule inspections within 10 days from the date of this letter and receive a Certificate of Occupancy 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. erely, PegJregoy U (/ Building Compliance pc: PRN-033113 SERVICE,TEAMWORK,INTEGRITY,QUALITY 30 , 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(1)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. $12.26 The Specific Terms of This Deed Are: Grantor: (Give name(s)and place(s)of residence;if the spouse of the owner-grantor is joining in this Deed to release homestead rights,identify grantors as husband and wife.) HAROLD D. LEBSACK AND EDITH L. LEBSACK Grantee: (Give name(s)and address(es);statement of address,including available road or street number.) TIMOTHY J. SWANEY AND ELANE G. WELLS Form of Co-Ownership: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words'in joint tenancy'or words of the same meaning are added in the space below.) JOINT TENANTS Property Description (Include county and state.) All of the SE 1/4 of Section 22,Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado, lying West of the Highway. Property Address: HWY 85 AND WCR 90 PIERCE CO 80650 Consideration: (The statement of a dollar amount is optional,adequate consideration for this deed will be presumed unless this conveyance is identified as a gift. In any case ONE HUNDRED TWENTY TWO aTHOU AN conveyance Ls absolute, SIX UNDREDnd rAND 00/100 Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the property or to convey less than is owned,or if the GRANTOR is restricting the GRANTEE'S right in the property,make appropriate indication.) 2542309 B-1600 P-450 04/10/1997 10:38A PG 1 OF 1 REC DOC Weld County CO JA Suki Tsukamoto Clerk & Recorder 6.00 12.26 Additional Warranty Exceptions: (Include deeds of Mist being assumed and other matters not covered above.) Executed by the Grantor on APRIL 8. 1997 Signature for Corporation,Partnership or Association: Signature for Individual(s); 177 Name of Grantor: Corporation, Partnership or Association [H�A�R�O�D D. BSACK �/Q, ��j///�/,f�/) //f��} (��GItal�ntJor�J By C.�Lei v ,.'Za?�►'r s6il , /f,A- 4C.aZt"rf- Jh Grantoreinc. By E H L. LE SA NKA E L. WILLI O Gmn� HAROLD D.LEBSACK AT ATTORNEY IN FACT Attest: STATE OF COLORADO COUNTY OF WELD ta' ;P6$lehltg,t' g instrument was acknowledged before me this Rth day of APRIL, 1997 jlytCHINVmq D.LEBSACK INDIVIDUALLY AND AS ATTORNEY IN FACT FOR EDITH L.LEBSACK NKA EDITH L.WILLIAMSON , C J f C my 7mn d official seal. �V`c( \ \ \� 1,�.,,\- ..gf,*„ran.ty„ MAY 28, 1997 1221 AVENUE, GfiFFI EY, CO 631 " 111PFTF tTte.Or: acs. q, T instrument was acknowledged before me this day of • (*name individual Grantor(s)or if Grantor is Corporation,Partnership or Association,then Identify signers as president or vice president and secretary or assistant secretary of corporation;or as partner(s)of partnership;or as authorized member(s)of association.) WITNESS my hand and official seal. My commission expires: Notary Public ®1981 UPDATE LEGAL FORMS WCTC No. 201-L f—Ei Fwd Account Maintenance P Account —SWANEY TIMOTHY J &'ELANE 6 F rurprgyi ?I 15575 COUNTY ROAD 90 Pr t F PIERCE CO 80650 g, Year District 4`'� 2003 0916 Apr Dist St Itti A Parcel Number MR Space Seq' 0553-22-4-00-011 Street Na DnIiiill Street Name Type 15575 90 CR I- Location City ] Location Zip Acct Type Lagt. 4� WELD 0 Agricultural BACode Owner Id Owner Location Map No 1992 Business Name 4 e1 ,. iwia, r I aI_ I I._ .`r. _.I -Fr 4 1 4 J J. bib ;.J LJ f�1':7LJJ IJ Ai J fi C1iJ1,'.� J IJ u _I Dii ur r Jt A Al i 4 J !:,7,,,,...:...:14,! L-UuiF,l A JJ _ =N A 4 l MI !� J_..nmppull STREET F r 3 r r 3;t j JII )IEI L' dv.t l' ,, R a rtI �� d t4v s ‘..? .. ,.i-W .nu�.f � `sa ��si ,' ° 4,1x._ ` I` Ps.- - -- �: - _ _ - • } ll a I - - .ins e ii ,F..,... ty■ e. d V r .e ., q. -r+ .. .tom,` V l 0 34©/97 9-/0-0� f ill •,y1 A a It • 4 ", H • , , A ,,..it, t k it. It bill d • Nil ;, r 4 4•4 � Ta* ` sal . v , a s. ♦ SRT . L $ e . s Fr fc^za':,',.."441,“,� vio.300/97 9 �� 6 Hello