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Home My WebLink About20002834.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST DONALD AND JACQUELINE GARDNER FOR VIOLATION OF THE WELD COUNTY BUILDING ORDINANCE 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, Donald and Jacqueline Gardner, VI #0000284, are allegedly in violation of the Weld County Building Code Ordinance, 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 November, 2000, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Donald and Jacqueline Gardner 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 as hereinabove named to correct said violation. 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 December 12, 2000, 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 #0000284 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Donald and Jacqueline Gardner to remedy the violation of the Weld County Building Code Ordinance, 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 December 12, 2000, to allow adequate time for the property owners to bring the subject property into compliance. 2000-2834 id AL /MAL e/57 PL0824 VIOLATIONS -VI #0000284 - DONALD AND JACQUELINE GARDNER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of November, A.D., 2000. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLO ADO ATTEST: LOh// I`-,� f! � � ►I /'!+'mss, a Barbara ,. Kirkmeyer, Chair Weld County Clerk to the =o c� cp l � : ` . J. ile, Pro-Tem 7. Ca BY: ) �. .1 ` v' 4, �� Deputy Clerk to the B.. �Dao�P �� .eat E. Baxter �/ APPROVED AS TO F M: Dale K. Hall /Co tfo A2e.ti /MA Glenn Vaad 2000-2834 PL0824 DATE: November 8, 2000 VIOLATION NUMBER: VI-0000284 NAME: Donald L & Jacqueline Gardner ADDRESS: 114 1st Avenue, La Salle, CO ZONE DISTRICT: Agricultural LEGAL DESCRIPTION: PT 18-4-65 LOT A REC EXEMP RE-417 & SITUS:18737 44 CR WELD PARCEL NUMBER: 1055-18-400042 CASE SUMMARY July 17, 1999 Ten day letter sent. August 31, 2000 30 day violation notice issued. November 2, 2000 Violation hearing letter sent. The is a violation of Section 83 of the Weld County Building Ordinance. Setbacks, footing/caissons, & final approval inspections remain to be completed. To close this violation, the above inspections need to be completed. The Department of Planning also recommends that the County Attorney authorize legal action against 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. 2000-2834 ,t E COLORADO Vilik Data Sheet VIOLATION: VI-0000284 STATUS: ISSUED DESCRIPTION: NEED FINAL APPROVAL ON BC-9700391 BASE INFORMATION: PARCEL NUMBER: 1055-18-0-00-042 LEGAL DESCRIPTION: PEOPLE: APPLICANT BANK OF NEW YORK CO - TRUSTE08/31/2000 4111 S DARLINGTON #300 TULSA OK 74135 LOCATION: 18737 WCR 44 APP TYPE: BCV CLASS CODE: VI-33 ZONING DIST: AG COMMENTS: ' DEPARTMENT OF PLANN ING SERVICES Code Compliance Division O WWW.CO.WELD.CO.US E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 COLORADO Phone (970) 353-6100 Fax (970) 304-6498 November 2, 2000 Bank of New York Co_Trustee 4111 S Darlington #300 Tulsa, OK 74135 Subject: Board of County Commissioners Hearing Legal Description: PT 18-4-65 LOT A REC EXEMPT RE-417 SITUS: 18737 44 WCR WELD Violation: VI-0000284, Final Approval BC-9700391 Dear Bank of New York Co-Trusttee: The property located at 18737 WCR 44 remains in violation of the Weld County Building Code Ordinance. Your property is in violation of Section 83 of the Weld County Building Ordinance. I have scheduled a meeting with the Board of County Commissioners on November 14, 2000 at 10:00 a.m.,to consider the violations occurring on the property. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center,915 Tenth Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Board of Commissioners might have concerning this violation. This hearing would give you an opportunity to explain all issues regarding this violation. By making contact with me prior to this hearing to acknowledge your willingness to comply with this matter,we will not proceed with the hearing. If no contact is made, we will proceed with the hearing. The Department of Planning Services'staff will be recommending the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation if you and/or a representative are not available. Our records indicate that you were made aware of the nature of this violation, the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any question concerning the matter, please call me at(970) 353-6100. Sincerely, Adolph Diaz Building Compliance Officer pc: VI-0000284 Dave Sprague, Building Official Bruce Barker, County Attorney SERVICE,TEAMWORK,INTEGRITY,Qt I ALITY DEPA YIENT OF BUILDING INSPECTION 1555 N. 17TH AVENUE(fiti d GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us PHONE (970) 3AX (90, 304-6498 XT.3540 FAX (970)304-6498 jmendez@co.weld.co.us VIOc. COLORADO WELD COUNTY BUILDING CODE VIOLATION NOTICE August 31, 2000 Violation Number : VI-0000284 Bank of New York Co-Trustee 4111 S Darlington#300 Tulsa, OK 74135 Re: Final Approval on BC-9700391 Parcel: 1055-18-400042 Legal Description: PT 18-4-65 LOT A REC EXEMPT RE-417 SITUS: 18737 44 CR WELD Dear Bank of New York Co-Trustee: The building official has determined that the property located at 18737 WCR44 is in violation of Section 83 of the Weld County Building Ordinance, which requires all inspections to be inspected within 180 days from the date of issue or within 180 days from the last approved inspection. A final approval must be completed within 180 days after the permit is issued. At this time, we kindly ask that you call in for the final inspections if the work is completed on the 540sf deck on existing house. It is not necessary for you to contact me personally to schedule the inspection(s) when ready. Our 24 hour inspection request line number is 356-8016 or 1-800-234-2534 if the phone number is long distance. If you call before 4:00 P. M., you may schedule the inspection(s) for the next working day. Please make reference to your name, building permit number and the inspection(s) desired. Inspections needed are Setbacks, Footing/Caissons &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 by September 30, 2000, it will be scheduled for a hearing before the Board of County Commissioners to consider whether to refer this violation to the County Attorney's office for legal action. Any information you have that may help to resolve this matter will be helpful. This office is ready to be of any assistance in clarifying or answering questions concerning this matter. Please call or write the Department of Building Inspection's office. Sincerely, Joe J. Mendez G ' Building Compliance Officer cnn VICE.TEAMWORK INTEGRITY.QUALITY -\(if 4 44- FAX (970)304-6498 WELD COUNTY ADMINISTRATIVE OFFICES 1555 NORTH 17TH AVENUE III GREELEY, COLORADO 80631 Imendez( co.weld.co.us • COLORADO July 17, 2000 BANK OF NEW YORK CO-TRUSTEE 4111 S DARLINGTON#300 TULSA, OK 74135 Subject: BC-9700391 Dear Bank of New York Co-Trustee: I am writing this letter in reference to building permit BC-9700391 that was issued to Dolald& Jacquiline Gardner for a 540 sq ft deck on the existing house. Our records indicate that there has not been any work activity within the last 180 days since the last inspection. A site inspection was previously conducted and it appeared that the construction on the deck was not started and that the home itself did not meet code requirements for the steps and landing. This is to inform you that all permits issued by the building official under the provisions of Section 83 of the Building Code Ordinance, are required to have regular inspections conducted within 180 days of issue. This building permit has exceeded the time period allowed and if not completed in a timely manner, a violation will be issued for this permit, in which it may be scheduled for a hearing with the Board of County Commissioners, and if necessary, referred to the County Attorney's Office to proceed with legal action. We encourage you to complete all necessary inspections or contact our office with a status of completion on your building permit before July 27, 2000 to avoid receiving a violation. We also ask that you please call us regarding any difficulties you may encounter with completing all necessary inspections. It is not necessary for you to contact me personally to schedule the inspection(s) when ready. Our 24 hour inspection request line number is 356-8016 or 1-800-234-2534 if the phone number is long distance. If you call before 4:00 P. M.,you may schedule the inspection(s) for the next working day. Please make reference to your name,building permit number and the inspection(s) desired. • If I can be of further assistance, feel welcome to call. I am usually in the office between 8:00 A.M. and 12:00 P. M. Thank you for your cooperation. Sincerely, i (..?..t, /1,1 . ,. __ Joe J. Mendez Building Compliance Officer SERVICE,TEAMWORK,INTEGRITY,QUALITY •.People for BC-9700391 Q Name Rela5onship I Phone 1 IPhone 2 Trust I Primary I 1 GARDNER DON ,APPLICANT l INo ,Yes GARDNER DON j OWNER �No No Name'GARDNER DON IAti'I ICAN1 i I Update 1 Address 11118737 WCR 44 Primary Name. Add Address 2.ILASALLE New Address 1 IGO I Add I Address 4 I ZIP GIAIEID Phone 1 I Phone 2 I Delete Date'I851tr-3113:17 License -� .. Notation 1 " Trust I Refresh Accounts ITaalBar Order Backstop T ,Ezt '! AIMS-Citrix ICA Client _ X Account Maintenance Acc Account n is 's7 030000 fir', Year District SAN OF NEB QRK PT 18 4-65 LOT Vitt EXEMPT RE-S177 2am 005 4RUSTEE_ - SITUS 18737'44 PR WELD 1 5 4ARLINSTON 11300 Apr Dist St TULSA=DK 741'35 _ Parcel Number IMN Space Seq 105518400042 Sheet No Dn , Na11 Streett Name Type; V rssion rl'Dale 'Ti 1 A'pr 18737 ;��.' 44• CR 10000613000 13-0UN 00 :h�5AM LKltf ' AIN (. ca`tmrc City ^7� location Zip:Acct Type Lagt Land.Actuaal I anti Arse ed Ian dam Acres WELD "'" Agricultural 1 1 BACode I Owner Id I Owner Location I Map No 04R[4Aduai Imp Assessed Square Eee[` 2283 , . t Business Name ExiniYAetpal emptA ss New grsion „p n 4 ;?eoa4 ToI AetuaL 5'Total Assess 0' � Fontra4t Pet '- � `,.: E SrtvsY[z a El,Oteil-Pi 1< 1:2 bate Asd';, ea£undo '`Sect As s r�Pnor r N"ehx't Verxronti batem V W-BfaCk` lRt �Nax�eaz Cial 3QAgi< , to Clear BUILDING PERMIT FILE FLOW SHEET DATE COMMENT/ACTION: SIGNATURE: • io/-;:ri41D d ride L 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 sellsand 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. $2.00 The Specific Terms of This Deed Are: Grantor: (Give naM(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.) E. JOYCE KINSMAN,TRUSTEE OF THE E. JOYCE KINSMAN TRUST U/T/A DATED JANUARY 26, 1983, AS AMENDED Grantee: (Give teme(s)and address(cs);stateroom of address,including available road or street number.) DONALD L. GARDNER AND JACQUELINE GARDNER 't \ I . , , ;i!c Form of Co-Ownership: (If there are two or snore grantees named,they will be considered to take as tsnants in common unless the words'in joint wanner or words of sire sane meaning are added in the space below.) JOINT TENANTS Property Description (Include county and state.) Lot A, Recorded Exemption No. 1055-18-4-RE417,being a part of the W 1/2 of the SE1/4 of Section IS,Township 4 North, Range 65 West of the 6th I'.M.. Weld County,Colorado,as per map recorded OCTOBER 2, 1979 in HOOK 883 as RECEPTION NO. 1805052. 2487548 B-1544 P-405 04/25/96 12:23P PG 1 OF 1 REC DOC Weld County CO Clerk & Recorder 6.00 2.00 Property Address: TBD WCR 44 LA SALLE CO 80645 Consideration: (The statement of a dollar amount is optional,adequate consideration for this deed will be presumed unless this conveyance is identified as a eft. In any case ibis conveyance is absolute,final and unconditional.) TWENTY THOUSAND AND 00/100 Reservations-Restrictions: (If she 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,snake appropriate indication.) No mineral rights of any nature currently owned by Grantor Ore being transferred or conveyed to Grantee above YY � Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not cove .) Executed by the Grantor on APRIL /F 1996 Signature for Individual(s): Signature for Corporation,Partnership or Association: g E.JOYCE KI A TRUSTEE OF THE E.JOYCE Name of Grantor: Corporation,Partnership or Association KINSMAN TRUST /A TED JANUA 26, 19fB,AS AMENDED aor By Grantor By Grantor Attest STATE OF Arizona COUNTY OF filar lcopa ss. , The foregoing instrument was acknowledged before ale this 1 8 day of APRIL, 1996 Hy* 't ).QYCE KINSMAN,TRUSTEE OF Till li. JOYCE KINSMAN'fltUST U/f/A DA'Z'ED JANUARY 26, 1983,AS AMENDED G psNsy Ullys 3fajlmd official seal. Notary Public r�? 'dies: X - 9, /ion R1221 1 AVE., GREE.LEY, CO. o stio:trey � ; ,,. ec tt J �ia..o in tnsfTument was acknowledged before me this/f day of 4r'' � // v • (*name individual Grantor(s)or if Grantor is Corporation.Partnership or Association,then identify signers as president or vice president and secretary -of asststdnt secretary of corporation;or as partner(s)of partnership:or as authorized memher(s)of association. G` 7 ' WITNESS my hand and official seal. My commission expires: jp— Ls•+ Notary Public O 1981 UPDATE LEGAL FORMS WCTC No.201-L Hello