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HomeMy WebLinkAbout20031399 RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST MOSSBERG FAMILY FARM, GERALD MOSSBERG, EUGENE MOSSBERG, AND STEVEN MOSSBERG 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, Mossberg Family Farm, Gerald Mossberg, Eugene Mossberg, and Steven Mossberg, VI #0300067, 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 3rd day of June, 2003, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Mossberg Family Farm, Gerald Mossberg, Eugene Mossberg, and Steven Mossberg 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 September 3, 2003, 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 #0300067 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Mossberg Family Farm, Gerald Mossberg, Eugene Mossberg, and Steven Mossberg 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 September 3,2003,to allow adequate time for the property owners to bring the subject property into compliance. 2003-1399 PL0824 CO '. Pe ox)} /° VIOLATIONS - VI #0300067 - MOSSBERG FAMILY FARM, GERALD MOSSBERG, EUGENE MOSSBERG, AND STEVEN MOSSBERG PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 3rd day of June, A.D., 2003. ARD OF COUNTY COMMISSIONERS MMS D N COLORADO ATTEST: David E. Long, Chair lerk to the Board EXCUSED • Robert D. den, Pro-Tern reel . e= t to the Board p'Ar=✓ M. J. eile • -$ OV M: 7L,Jt William Jerke A.14o nt � torn.•y Glenn Vaad Date of signature: q- a2 - O 7 2003-1399 PL0824 Weld County Violation Summary Compliance Officer, Peggy Gregory BASIC INFORMATION Property Owner: Mossberg Family Farm, c/o Gerald Mossberg, Eugene Mossberg, Steven Mossberg Violation: VI-0300067 Address: 4320 65th Avenue, Greeley, Colorado 80634 Legal: Part of the SE4 of Section 28, T5N, R66W, 6th P.M., Weld County, Colorado Location: North: City of Evans, 1% miles south of Highway 34 South: City of Evans, north of and adjacent to 491h Street East: City of Evans, Southwest of Arrowhead Subdivision West: Ease of and adjacent to 65'"Avenue Parcel Number: 0959-28-0-00-013 Acres: 155 acres Certified mail date: April 29, 2003 Received: May 7, 2003 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, inspections must be completed and a Certificate of Occupancy issued. RECOMMENDATION The Department of Planning Services that this case be referred to the County Attorney but delay action for 60 days. CASE HISTORY June 30, 2000 Initial inspection completed. March 17, 2003 Ten day compliance encouragement letter issued. March 27, 2003 Violation letter issued. April 29, 2003 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. 2003-1399 05-29-2003 INSPECTION INFORMATION SHEET PERMIT: PR-0030202 STATUS: VIOLATN DESCRIPTION: 14x70, 1971 MOBILE HOME BLOCKED AND TIED. ACESSORY TO THE FARM. JULIE REVIEWED THE ZONING PERMIT AND RELEASE OF MOBILE HOME PERMIT. BASE INFORMATION: PARCEL NUMBER: 0959-28-0-00-013 LEGAL DESCRIPTION: 17679 SE4 28 5 66 (4R1D) SITUS: 4320 65 AV WELD 0 OWNER: MOSSBERG GERALD OCCUPANCY: LOCATION: 4320 65 AV APP TYPE: MHBT CLASS CODE: 704 ZONING DIST: AG INSPECTIONS: Item: 00300 SETBACKS PREFAB 06/29/2000 By: FRANK Action: AP Item: 00301 CAISSONS PREFAB Item: 00302 BLOCKING/JACKS PREFAB 12/23/2002 By: GEORGE Action: CO Comments: 1. SKIRTING MUST BE REMOVED AT EACH SIDE (LEFT/RIGHT NEAR ENDS AND AT CENTER) CORRECTIONS MUST BE MADE BEFORE APPROVAL REINSPECTION REQUIRED 05/15/2003 By: GEORGE Action: CO Comments: 1. SKIRTING NOT OPENED UP FOR INSPECTION CORRECTIONS MUST BE MADE BEFORE APPROVAL REINSPECTION REQUIRED Item: 00303 TIE-DOWNS/ANCHORS PREFAB 12/23/2002 By: GEORGE Action: CO Comments: 1. SKIRTING MUST BE REMOVED AT EACH SIDE (LEFT/RIGHT NEAR ENDS AND AT CENTER) CORRECTIONS MUST BE MADE BEFORE APPROVAL REINSPECTION REQUIRED 05-29-2003 INSPECTION INFORMATION SHEET Item: 00304 FRAME WELDS PREFAB Item: 00305 C METER PREFAB Item: 00306 U/G ELECTRIC PREFAB 12/23/2002 By: TOM Action: AP Item: 00307 SEWER SERVICE PREFAB 12/23/2002 By: GEORGE Action: CO 05/15/2003 By: GEORGE Action: CO Comments: COVERED AND CANNOT BE CHECKED SEE CORRECTIONS OF 12/23/02 CORRECTIONS MUST BE MADE BEFORE APPROVAL REINSPECTION REQUIRED Item: 00308 WATER SERVICE PREFAB 12/23/2002 By: GEORGE Action: CO Comments: 1. WATER LINE MUST BE EXPOSED SO WE CAN VERIFY A MINIMUM OF 10' COPPER LINE BURIED CORRECTION MUST BE MADE BEFORE APPROVAL REINSPECTION REQUIRED 05/15/2003 By: GEORGE Action: CO Comments: COVERED AND CANNOT BE CHECKED CORRECTIONS MUST BE MADE BEFORE APPROVAL REINSPECTION REQUIRED Item: 00309 GAS TEST PREFAB 06/30/2000 By: FRANK Action: CO Comments: CORRECTION MUST BE MADE BEFORE GAS TEST APPROVAL: YOU NEED TO HAVE A MINIMUM OF 10 PS IN GAS LINE AT TIME OF INSPECTION RECALL FOR ANOTHER INSPECTION. 12/23/2002 By: GEORGE Action: CO Comments: 1. MUST HAVE A 10 PSI TEST IN PLACE FOR US TO OBSERVE (SEE CORRECTION NOTICE OF 6-30-2000) CORRECTIONS MUST BE MADE BEFORE APPROVAL REINSPECTION REQUIRED 05/15/2003 By: GEORGE Action: CO Comments: 1. NO PRESSURE TEST IN PLACE RECEIVED SAFETY CHECK FROM AGLAND 04/30/03 CORRECTIONS MUST BE MADE BEFORE APPROVAL REINSPECTION REQUIRED Item: 00310 MECHANICAL PREFAB Item: 00311 ELEC SERVICE PEDESTAL PREFAB Item: 00312 P METER PREFAB 12/23/2002 By: TOM Action: AP Item: 00313 FINAL ELECTRIC PREFAB 12/23/2002 By: TOM Action: AP Item: 00314 FINAL PLUMBING PREFAB 12/23/2002 By: GEORGE Action: CO 05-29-2003 INSPECTION INFORMATION SHEET Item: 00315 FINAL HEATING PREFAB 12/23/2002 By: GEORGE Action: CO Item: 00316 SKIRTING PREFAB Item: 00317 STEPS & LANDINGS PREFAB Item: 00318 FINAL APPROVAL PREFAB 12/23/2002 By: GEORGE Action: CO Comments: 1. PERMIT DOES NOT INCLUDE FRONT ROOM (ENCLOSED)MUST HAVE PERMIT FOR THAT ADDITION A $42.00 REINSPECTION FEE WILL BE ASSESSED IF CORRECTIONS ARE NOT MADE CORRECTIONS MUST BE MADE BEFORE APPROVAL REINSPECTION REQUIRED 05/15/2003 By: GEORGE Action: CO Comments: NO PERMIT WAS OBTAINED FOR ENCLOSED PORCH ON FRONT CORRECTIONS MUST BE MADE BEFORE APPROVAL REINSPECTION REQUIRED Item: 00319 MANUFACTURED C/O PREFAB Item: 00600 SETBACKS PREFAB Item: 00601 FOOTINGS PREFAB Item: 00602 REBAR PREFAB Item: 00603 DAMPROOF PREFAB Item: 00604 U/G PLUMBING PREFAB Item: 00605 EGRESS WINDOWS PREFAB Item: 00606 LP LEAK DETECTION SYSTEM Item: 00118 PERIMETER DRAINS ' DEPARTMENT OF PLANNING SERVICES C Code Compliance Division O WWW.CO.WELD.CO.US E-mail Address: pgregory@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100x3540 Fax (970) 304-6498 April 29, 2003 Gerald D. Mossberg 4320 65 Avenue Greeley CO 80634 Subject: VI-0300067 , SE4 of Section 28, T5N, R66W of the 6th P.M., Weld County, Colorado Dear Mr. Mossberg: 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 June 3,2003 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" 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 Planning Services 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, - U.S. Postal Service Li _( V��� CERTIFIED MAIL RECEIPT U (Domestic Mail Only; No Insurance Coverage Provided) Peggy Gregory Building Compliance Officer r` ru pc: VI-0300067 PR-0030202 Ir1 Postage $ Wendi Inloes, Planning Technician 0 Certified Fee Bruce Barker, County Attorney Return Receipt Fee Postmark tll (Endorsement Required) Here ru O Restricted Delivery Fee p (Endorsement Required) Total Postage&Fees $ SERVICE,TE/to Reel is Name (P/sae Print Clearly)(To be completed by mailer) alt._ .sarta 2/320oo.; /PC Street,Apt.N or Box -_ ZIP. C/ry,s Z1Ps // S F.rm 3'rr,Feb uary21.1 See •ev rse t.r Instructions SENtE': C�M•LETETHISSECTI•N C•M•LETETHISSECTIr••:./NucL.'�/E•Y "Complete items 1,2,and 3.Also complete A. Signature p .:item 4 if Restricted Delivery is desired. '�\o M Agent • Print your name and address on the reverse X // �( ✓.4Vt`/^, \,oi x ■ Addressee so that we can return the card to you. B. Received by(• i .1, . !!� • Attach this card to the back of the mailpiece, . Da t of Delivery • or on the front if space permits. 1. Article Addressed to: D. Is delivery address er Yes If YES,enter delivery a=ss ❑ No • GERALD MOSSBERG 4320 65 AVENUE GREELEY CO 80534 3. Service Type EX Certified Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes • 2. Article Number (Transfer from service label) 7000 0520 0025 0405 5027 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 10H9 ‘r, DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US II E-mail Address: pgregory@co.weld.co.us VI 1555 N. 17th Avenue, Greeley, CO 80631 C. Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE March 27, 2003 Gerald D Mossberg 4320 65 Avenue Greeley CO 80634 Subject: VI-0300067 SE4 of Section 28, T5N, R66W of the 6`" P.M., Weld County, Colorado Dear Mr Mossberg: It has been determined that the property located at 4320 65 Avenue 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 be finaled. 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 27, 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 Attorneys 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, /ate got* Pegg"y'Gregory" Building Compliance Officer pc: PR-0030202 VI-0300067 SERVICE,TEAMWORK,INTEGRITY,QUALITY 1 i DEPARTMENT OF BUILDING INSPECTION Website: WWW.CO.WELD.CO.US ' E-mail Address: pgregory@co.weld.co.us 17th Avenue, Greeley, CO 80631 O 1555 N. Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO March 17, 2003 Gerald D. Mossberg 4320 65 Ave Greeley Co 80634 Subject: Permit#PR-0030202 -SE4 of Section 28,T5N, R66 W of the 6`1 P.M.,Weld County, Colorado Dear Applicant: It has come to the attention of the Department of Building Inspection that a permit for a block and tied mobile home for accessory to the farm was issued on June 29, 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. Sinperely, �i svPe g re ryv Building Compliance pc: PR-0030202 SER4TCE,TEAMWORK INTEGRITY,QUALITY t¢�pY�re+-�r_ryiLr.�)"(�.Y �'�a�ct...; .. ,y • �.r...—. T i. + "7:4 arq'"""ti9t i:2111: :441 l5T4,ii d.r. _....- .._sl:. 31 iT,. 'l >...,:rt _ .. _ .__. ._.i t- %.:4^W?ii;:i� <__... ---)6I-1 X+. Permit N: 1VI.0300067 Address:14320 65 AV WEL Status: jISSI IFI) APPLICANT IMOSSBERG JERRY ^+w ..,+4 Y, '-i 4•mac• LiM tY -+ar.r"r ,c - _ '/•-••;:,::•• �,' Date: 03 �•-�,j;k'a.��t'•;:�:r�aws..�...-�.Kri �-_,�::�r,��'.�s� -_ ,..:,. - =:, ,. .. n� �: i4_ .-v_ .�Z:� , _, —��1=I - I .1 l j U mt. Exit Back I Parcel No: 0959.28-0.00-013 Desc __sc Screen Owner: MOSSBERG MONICA H ETAL (LE) F Status: [ISSUED •J Written By IPJG Sec/Twn/Rng: 28.05-66 Description: EXPIRED PERMIT Location: 4320 65 AV Zoning Dist: 1-- Inspection Area V3 Permit Num: IPR-0030202 App Type: BCV . J (BCV=BLDNG VIO,VI=ZONING VIO,WCVC =WELD VIO'bcv+vi'') '•` • '' Class Code: VI-33 �. PERMIT EXPIRATION VIO Rir Complaint: 03/17/2003 Init: 1 N NO VI: L!_1 Init: ( .''• r- 5 Day Letter: 03/17/2003 Init: PJG -, ° .f Issued: 03/27/2003 Init: PJG "u— Inspection: _/ /� Init: I --%.--_ Court: _/_/ !nit: r 4-•F -;-e:7204, e' Closed BCV: _/_/ Init: I Closed VI: 1_/_/ Init: 1 -•' '..,,'•-•r' 'A 'PER.11 T'S'P1Us®32—Bit 02001-Accela,Inc.All Rights Reserved � 1Licensee:Weld County-Co 1 Serial Number: 6157 Users: 025 j Version: v. 4.7.18 1 inStart I E7 Corel Wor...I 'WI'PERMIT... I a'PERMIT... I --1,ArcView... I lip AIMS-Cit...I LActivities,...I .;W8 -P... I 174=i .Q®k 11:42AM i al Parcel Table Maintenance E{' l x' Piga' . Parcel Na:r99.2$ 000-013 TooBarorder ' ' x i Alt Key: 660528 - :,:1;;:l I;el � ReMa eoa� E ) C - Primary Address '-:::1:::-,', General Information - ress -� No Dir /.Street Name .;City Id WEL Su division:) lete , rest 4320 65 AV Lot-1 Fract: `' Select An'Address . .-.- rea_ 0.00 Acresi) 155-00:% Situs ` :- C: Zonmca l I 1 4320 65 AV WELD nsus.Tract l Cen Bleed ACe Primary owilef Information _ r = ` xCoord:) _:.YCoord.) - - - .Level Description- - _ Parcel Name: MOSSBERG MONICA H ETAL (LE) 17679SE428566(4RID)SITUS: 432065 AV WELD J? . - Addressl_;IMOSSBERG FAMILY FARM LLP 0 Delete Parcel: . Address≥(35 PRINCETON CIRCLE Address3ILONGMONT CO More Address,4 I Zip (80503 Use Code:I J t Phase 1 I I A (0608 -y 2) ExemPL r, Notation'I Status IACTIYE Govt Owned.r,:- s ToolBar Order ry `_ ^.-.�; - 1( ( - - ,.,Bpckitop�� B Exit : - - - ._ 1 - _ - - ' 1 Rights Reserved Licensee:Weld County-Co = _` Serial Number:6157 Users::025 Version v 4.7.18, _ ', startI rCorelWordP.., 'PERMITS .."`- 'PERMITS :.`� ArcViewe(S. li•AIMS Citnx .J, WBT-PAN..j SCI' s ®�;-1131AMA, 1111111111Ii1111111111!III Gildlilt 1111111111111111 2746077 01/21/2000 02:02P JA Solo Taukamoto 1 of 2 R 10.00 0 0.00 Weld County CO BARGAIN AND SALE DEED 577 We,GERALD D.MOSSBERG,C.EUGENE MOSSBERG and STEVEN ARTHUR MOSSBERG of the State of Colorado,for the consideration of ONE.DOLLAR and other valuable consideration(less than$800.00),the receipt of which is hereby acknowledged,hereby sell and convey to MOSSBERG FAMILY FARM,LLP,of 38 Princeton Circle, Longmont,Colorado, the following described property,situate in the County of Weld and State of Colorado,as described on Schedules A attached: with all its appurtenances. Signed and delivered this lit day of 3O n N ,2000. GERALD D.MOSSBERG C.EU 7EMOSSBERG ��_ ^y STEVEN ARTHUR MOSSBERG STATE OF COLORADO as. COUNTY OF BOULDER The foregoing instrument was acknowledged before me this Jlday of �o+n 2000,by GERALD D.MOSSBERG,C.EUGENE MOSSBERG and STEVEN ARTHUR MOSSBER . Witness my hand and official seaL My commission expires: (O(P1iO1 Notary Public 11111111111111111111111111111111111111111111111111111 2740877 01/21/2000 02:02P JA Sub Teulamoto 2 of 2 fl 10.00 0 0.00 Weld County CO SCHEDULES Monbeay Family-Farm,ZIP The Southeast Quarter(SE''i) of Section Twenty-eight (28),Township Five (S) North,Range Sixty-six(86)West, in Weld County,Colorado, together with all ditch, well, reservoir and other water rights and contracts appertaining thereto including, but not limited to, twelve (12)shares of the capital stock of • The Greeley&Loveland Irrigation Company,contracts 46 and 146 for two (2) rights in the Loveland and Greeley Reservoir(also known as Lake Loveland), twelve (12) shares of the capital stock of the'Ramsdell Lateral Company and ISO acre feet of water as allotted to said premises by the Northern Colorado Water Conservancy District. Hello