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Home My WebLink About20041373.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST HERBERT WAGNER 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, Herbert Wagner, VI #0200022, is 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 11th day of May, 2004, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Herbert Wagner, 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 June 11, 2004, to allow adequate time for the property owner to complete the final electrical inspection, and to allow the property owner time to submit to the Department of Planning Services plan showing how he intends to proceed with the Zoning Permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0200022 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Herbert Wagner 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 June 11, 2004, to allow adequate time for the property owner to complete the final electrical inspections, and to allow the property owner time to submit to the Department of Planning Services a plan showing how he intends to proceed with the Zoning Permit. 2004-1373 PL0824 y_ e,e VIOLATIONS -VI #0200022 - HERBERT WAGNER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of May, A.D., 2004. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO t. " f 41 Robert D. Masden, Chair Weld ou (Z Clerk to the Board w William H. erke, Pro-Tem Clerk to the Board it; M.M. J. APP V AS TO • ev David E. Long nt Attorn Glenn Vaad Date of signature: /0 - *—©/ 2004-1373 PL0824 Weld County Violation Summary Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Herbert Wagner Violation: VI-0200022 Address: 174 CR 65, Keenesburg, CO 80643 Legal: Part of Section 33, Ti N, R63W of the 6t"P.M., Weld County, Colorado Location: East of and adjacent to CR 65,west of and adjacent to CR 67, and south of and adjacent to CR 4 North: Agricultural property South: Agricultural property East: Agricultural property West Agricultural property Parcel Number: 1477-33-0-00-004 Acres: 616 Certified mail date: April 6, 2004 Received: April 9, 2004 Currently the property is in violation of: Chapter 23, Article III Div 1 Sections 23-3-20, 23-3-20.A, 23-3-30, 23-3-30.F, 23-3-40.M Chapter 23, Article IV, Div 3 Sections 23-4-130, 23-4-170 Chapter 29, Sections 29-7-10 and 29-8-40 REMEDY To bring the property into compliance: the existing mobile home shall be removed or re-justified an application for a Recorded Exemption shall be submitted to create separate parcels the building permit for the mobile home shall have all inspections completed and a Certificate of Occupancy issued provided the home is approved for re-justification. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney for immediate action. CASE HISTORY March 20, 2003 10-day compliance letter issued August 21, 2003 30-day violation letter issued September 16, 2003 Spoke with Mr. Wagner regarding his building permit March 15, 2004 30-day violation letter issued April 5, 2004 Spoke with Mr. Wagner, he requested to be scheduled before the BOCC 2004-1373 Page two VI-0200022 April 6, 2004 Certified letter indicating the violation case is scheduled before the Board of County Commissioners May 6, 2004 Site inspection ( t \ 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 April 6, 2004 Herbert Wagner 174CR65 Keenesburg CO 80643 Subject: VI-0200022, Part of Section 33, T1 N, R63W of the 6th P.M., Weld County, Colorado Dear Mr. Wagner: The property referenced above remains in violation 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: Chapter 23, Article III, Div 1 "A (Agricultural) Zone District" Section 23-3-20 "Uses allowed by right" Section 23-3-20.A "One (1) Single-Family Dwelling Unit and Auxiliary Quarters per Legal Lot" Section 23-3-30 "Accessory uses" Section 23-3-30.F "Mobile Homes subject to the additional requirements of Article IV, Division 3 of this Chapter" Section 23-3-40.M. "Multi-Family Dwellings for persons PRINCIPALLY employed at or engaged in farming, ranching or gardening" Chapter 23, Article IV, Div 3 "Mobile Homes' Section 23-4-130 "Permit Requirements" No MOBILE HME may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each MOBILE HOME located or relocated in the County after said date must have a BUILDING permit for a MOBILE HOME issued pursuant to Chapter 29 of this Code." Section 23-4-170 "Temporary accessory farm use" Chapter 29,Article II "Building Permits" Chapter 29,Article VII "Mobile, Manufactured or Factory-Built Home Permits" Section 29-7-10 "No mobile, manufactured or factory-built home, as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official. Section 29-8-40 °Expiration of permit' To bring your property into compliance: The existing mobile home shall be re-justified or removed. Submit application for a Recorded Exemption to create separate parcels. All inspections shall be completed on building permit number PR-0030343 and a Certificate of Occupancy issued provided the home is approved for re-justification. Herbert Wagner April 6, 2004 page two- 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. Surely, C12 • • Pegg 666gory Building Compliance Officer pc: VI-0200022 U.S. Postal Service,, PR-0030343 M1 CERTIFIED MAIL, RECEIPT Wendi Inloes, Planning Technician ru (Domestic MailOnly;No Insurance Coverage Provided) Bruce Barker, County Attorney F r•elivery inl rmati•n visit•urwe•site al www.usps.c my O ' - SCI L USE co Postage $ fiJ Certified Fee ru Return Redept Fee Postmark (Endorsement Required) Here rR Restricted Delivery Required r-RC (Endorsement RequiredrR ) rR Total Postage&Fees $ m I Sent To N Street,Apt N erf fl idsrler or PO Box No. izy ae 4,s Pty.S t ZIP+4 -" • Keens burn CO $OG 3 Reverse for Instructions SEN•E•: C•M•LETE THIS SECTI•N C•M•LETE THIS SECTI•N •N •ELI VERY I • Complete items 1,2,and 3.Also complete A. Signet re item 4 if Restricted Delivery is desired. ' ❑Agent • Print your name and address on the reverse � e TSOY I ❑Addressee so that we can return the card to you. B. Rec ved b (Printed e) C. D.te of•-livery • Attach this card to the back of the mailpiece, ' or on the front if space permits. a P r Cr,/i dr D. Is delivery address d' 'nt from item 1 P Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No HERBERT WAGNER 174 CR 65 KEENESBURG CO 80643 3. Service Type W Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number ' (lransferfromservicelabel) 7003 1010 0002 8989 1276 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 ccf\49,41---;:tHW° - DEPARTMENT OF BUILDING INSPECTION - Code Compliance Division Website: WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 VIEDPhone: (970) 353-6100, Ext. 3540 O Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE March 15, 2004 Herbert Wagner 174CR65 Keenesburg CO 80643 Subject: VI-0200022, Part of Section 33, Ti N, R63W of the 6th P.M., Weld County, Colorado Dear Mr. Wagner: It has been determined that the property located at 174 County Road 65 is currently in violation of the following Section(s) of the Weld County Code: Chapter 23, Article III, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right" Section 23-3-20.A "One (1) Single-Family Dwelling Unit and Auxiliary Quarters per Legal Lot" Section 23-3-30 "Accessory uses" Section 23-3-30.F "Mobile Homes subject to the additional requirements of Article IV, Division 3 of this Chapter." Section 23-3-40.M `Multi-Family Dwellings for persons PRINCIPALLY employed at or engaged in farming, ranching or gardening" Chapter 23,Article IV, Div 3 "Mobile Homes" Section 23-4-130 "Permit Requirements"No MOBILE HOME may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each MOBILE HOME located or relocated in the County after said date must have a BUILDING permit for a MOBILE HOME issued pursuant to Chapter 29 of this Code." Section 23-4-170 Temporary accessory farm use" Chapter 29,Article III "Building Permits" Chapter 29,Article VII "Mobile, Manufactured or Factory-Built Home Permits" Section 29-7-10 "No mobile, manufactured or factory-built home,as defined in this Building Code,may be located or relocated within the County without a building permit issued by the Building Official. Section 29-8-40 "Expiration of permit" To bring your property into compliance with the Weld County Code: The existing mobile homes shall be re-justified or removed. Submit application for a Recorded Exemption to create separate parcels. All necessary inspections shall be completed on building permit number PR-0030343 provided the home is approved for re-justification. Herbert Wagner page two March 15, 2004 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 March 15, 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, Lz.-2fly 147.14. Peggy Gregory Building Compliance Officer pc: PR-0030343 V1-0200022 ZPMH-1197 Wendi Inloes, Planning Technician II ill(\(1:ar-- E. DEPARTMENT OF PLANNING SERVICES ' PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 WI O WEBS155 N. 1 www.co.weld.co.us N us O 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO • January 13, 2004 Herbert Wagner - 174CR65 Keenesburg, CO 80643 RE: Three Mobile Homes located on property known as Section 33, T1 N, R63W of the 6th P.M., Weld County, Colorado. Dear Mr. Wagner: This letter is in regards to the mobile homes located at the above referenced site. When we met, we discussed the options of re-justifying the mobile homes, removing them,and a recorded exemption to create separate parcels. To date you still have one of the mobile homes in violation with the building department as it was never finaled, and all three need to be justified. To avoid any further violations, please contact our office so that we can determine your best options with you. Should we not hear anything from you or have no resolution within 14 days of receipt of this letter, a violation will be issued. Should you have any further questions, please contact me at the above address or telephone number. Sincerely„---)I ��La LualWendi Inloes Planning Technician II pc: Peggy Gregory rst DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970) 304-6498 ' WEBSITE:www.co.weld.co.us W C GREELEY, COLORADO 80631 1555 N. 17TH E COLORADO September 16, 2003 Herbert Wagner 174 CR 65 Keenesburg, CO 80643 RE: ZPMH-1197 - Zoning Permit for more than one mobile home used for temporary accessory to the farm units. Dear Mr. Wagner: It has come to the attention of the Department of Planning Services that your zoning permit for the existing mobile homes located on your property have not been re-justified for some time, and need to be updated. These permits are to be renewed on a yearly basis. At this time,we are asking that you complete and return the enclosed information for review. Our records indicated that you have three (3) mobile homes on your property, and we need an update as to what these are being used for at this time,along with any justification for them. Please complete and return the packet of information as soon as possible to avoid any future violations. Should you have any further questions, please contact me at the above address or telephone number. Sincerely, • Wadi ijkogi___ Wendi Inloes Planning Technician II • • Sir �'• DEPAFTMN- T OF BUILDING INSPEC t ON E oa ai an \,\ \ Website: WWW.0O.WELD.0O.0 E-mail r,ddress: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE August 21, 2003 Herbert Wagner 174 CR 65 Keenesburg CO 80643 Subject: VI-0200022, Section 33, T1N, R63W of the 6th P.M., Weld County, Colorado Dear Mr. Wagner: It has been determined that the property located at 174 CR 65 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 permits need to be finaled 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 August 21, 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 so that I may reserve a sufficient amount of time with you. Sincerely, 0 Peggy Gregory • Building Compliance Officer pc: PR-0030343 VI-0200022 Kt; 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 20, 2003 Herbert Wagner 174CR65 Keenesburg CO 80643 Subject: Permit#PR-0030343 - Section 33, Ti N, R63 W of the 6' P.M., Weld County, Colorado Dear Mr Wagner: It has come to the attention of the Department of Building Inspection that a building permit for a mobile home for accessory to farm was issued on November 9,2000. 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. rely, ti Peg y regory Q r 0 Building Compliance pc: PR-0030343 VI-0200022 SERVICE,TEAMWORK,INTEGRITY,QUALITY -!AIMS - Citrix ICA Client woo r_.Account Maintenance ©' File Maintenance <— I —> 1 T Cancel SIR 33-01-63 Mill Levy 76_51 7000 Owner Name/Address Account WAGNER HERBERT E Legal Description R6533366 N 0174 WELD CO RD 65 — 7181 ALL 33 1 63 EXC THAT PT NE4NE4NE4 LYING E KEENESBURG CO 80643 OF PROSPECT LATERAL CANAL 6A (11.25R5.50D) ear District � ) 2003 2449 - Apr Diet St A Parcel Number MH Space Seq 1477-33-0-00-004 - Street No Dir No# Street Name Type Location City ?1 Location Zip Acct Type Lagt Agricultural • BACode Owner Id Owner Location Map No 2514 Business Name Version V. Date Time ID Appl New Version 20030228131 28-FEB-2003 06:15 PM BAD EXTN 20030320000 r Name' r Tax Items r-Protest (1) TYPE I ACTUAL I ASSD ACRES SQ FT I r situ= r"Pre/Sue r Mobile Auth r Personal (P) LAND 37,159 10,7$0 616.000 0 r•Mobile r Remarks r Value r oil and Gas IMPS 226,171 24,570 4.497 r Tract r Tax Sale r Recording r Condo r Spc Asmt r Control r Imaging - }� r-Block r"Mines (TOTAL I 263.3301 35,3501 1 I t� r History r Sales r Sibling r Sketch Queries r Misc Lr Flags r Exemption NAME • I Current Year Prior Version 1 Prior Year Ne(Jt Version Abatement Next Year Characteristics Property Card ;0IStart I ,s.! AicView..: ,QAIMS-Cit... TCorel Wor... F SLIC-[C.:. yjJ PERMIT... Activities,... 7;1 WBT P... l O I-1 - 1:42 PM . Building Details Page 1 of 1 MULTIPLE BUILDING ACCOUNTS 1. WAGNER HERBERT E KEENESBURG, CO 80643 Residential 1973 2. WAGNER HERBERT E & MARY KEENESBURG, CO 80643 Mobile Home 1973 Mobile Home Space:1 3. WAGNER HERBERT E & MARY M KEENSESBURG, CO 80643 Mobile Home 1959 Mobile Home Space:2 4. WAGNER HERBERT E KEENESBURG, CO 80643 Mobile Home 1982 Mobile Home Space:4 5. WAGNER HERBERT E KEENESBURG, CO 80643 Out Building 1973 6. WAGNER HERBERT E KEENESBURG, CO 80643 Out Building 1981 7. WAGNER HERBERT E KEENESBURG, CO 80643 Out Building 0 8. WAGNER HERBERT E KEENESBURG, CO 80643 Out Building 0 http://maps.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=Building&pin=... 03/15/2004 Identify Results Page 1 of 3 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R6533386 Parcel#: 147733000004 Tax Area: 2449 Bordering County: Acres:616 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 01 - 63 - 33 - 0 - - Owners Name &Address: Property Address: WAGNER HERBERT E Street: 0174 WELD CO RD 65 City: KEENESBURG, CO 80643 Business/Complex: Sales Summary Sale.Date Sale Price Deed_TY_pe Reception# $0 Legal Descri tp IOfl 7181 ALL 33 1 63 EXC THAT PT NE4NE4NE4 LYING E OF PROSPECT LATERAL CANAL(6A) (11.25R5.50D) • Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4167 Acres 3 Agricultural 4127 Acres 613 Land Subtotal: 616 $43,871 $12,730 Buildings Valuation_Summary # Property Type Assessed Bld g Actual Value Value 1 Residential 2 Out Budding • 3 Out Building 4 Out Building 5 Out Building Improvements Subtotal: $223,977 $21,940 Total Property Value $267,848 $34,670 Building Details Account#: R6533386 Parcel#: 147733000004 Owners Name&Address: Property Address: WAGNER HERBERT E Street: 0174 WELD CO RD 65 City: KEENESBURG, CO 80643 Building_# Property Type 1 Residential http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14773... 03/15/2004 Identify Results Page 2 of 3 Individual Built As Detail • Built As: Ranch 1 Story Year Built: 1973 Exterior: Frame Masonry Veneer HVAC: Hot Water Baseboard Interior Finish: Drywall Built As SQ Ft: 1294 # of Baths: 3 Roof Type: # of Bdrms: Roof Cover: Composition Shingle # of Stories: 1 Rooms: Units: 0 Garage: Attached SQ Ft: " 330 Detached SQ Ft: Basement: Total SQ Ft: 1294 Finished SQ Ft: 1094 Account#: R6533386 Parcel#: 147733000004 Owners Name Address: Property Address: WAGNER HERBERT E Street: 0174 WELD CO RD 65 City: KEENESBURG, CO 80643 Building# Property_Type 2 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1973 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 3200 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R6533386 Parcel#: 147733000004 Owners Name&Address: Property Address: WAGNER HERBERT E Street: 0174 WELD CO RD 65 City: KEENESBURG, CO 80643 Building# Property Tvoe 3 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 1981 Exterior: HVAC: None Interior Finish: Built As SQ Ft 1 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14773... 03/15/2004 Identify Results Page 3 of 3 Total SQ Ft: Finished SQ Ft: Account#: R6533386 Parcel#: 147733000004 Owners Name &Address: Property Address: WAGNER HERBERT E Street: 0174 WELD CO RD 65 City: KEENESBURG, CO 80643 Building# Property Type 4 . Out Building Individual Built As Detail Built As: Grain Bin Year Built: 0 Exterior: Metal HVAC: None Interior Finish: Built As SQ Ft: 1 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: # of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: Account#: R6533386 Parcel#: 147733000004 Owners Name &Address_ Property Address: WAGNER HERBERT E Street: 0174 WELD CO RD 65 City: KEENESBURG, CO 80643 Building# Property!Type 5 Out Building Individual Built As Detail Built As: Shed - Utility Year Built: 0 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 1 #of Baths: 0 Roof Type: #of Bdrms: 0 Roof Cover: #of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=14773... 03/15/2004 • 4p..d� +y .�r - "'�.. 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