HomeMy WebLinkAbout941115.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST NICK BACRIA FOR VIOLATION OF THE WELD COUNTY BUILDING
CODE 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, Nick Bacria, BCV#2136, is 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 8th day of November, 1994, a public hearing was held before the Board
of County Commissioners for the purpose of hearing any testimony relating to said violation, and
WHEREAS, Nick Bacria, property owner, was not present or represented at said hearing,
although all parties were notified of said hearing by the Department of Planning Services staff, and
WHEREAS, the Board deems it advisable to bring legal action against that individual as
hereinabove named 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 Nick Bacria 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.
941115
PL0824
et .` /2G;C`)9) ,c3/9(4//?
VIOLATIONS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on 8th day of November, A.D., 1994.
� ��j BOARD OF COUNTY COMMISSIONERS
,�,o ATTEST: I�� ��¢"""" ' WELD COUNTY, COLORADO
Weld County Clerk to the Board l'/ .J � I� J; J/
"� W. H. Webster, Chairman
BY: /lX l'���� L i - L_ EXCUSED DATE OF SIGNING (AYE)
Deputy CIarit to the Board Dale K. II, Pro-Tem
APPROVED AS TO FORM:
eorge E axter
County Attorney 2 instance L. Harbe
EXCUSED DATE OF SIGNING (AYE)
Barbara J. Kirkmeyer
941115
PL0824
DATE: November 3, 1994
VIOLATION NUMBER: BCV-2136
NAME: Nick Bacria
ADDRESS: 11488 Weld County Road 7
Longmont, CO 80504
LEGAL DESCRIPTION: Pt of the SW4 of Section 3, T2N, R68W of the 6th P.M., Weld County,
Colorado.
CASE SUMMARY
September 16, 1994 Violation letter issued.
September 30, 1994 Letter from property owner.
October 20, 1994 Property inspected. Property still in violation.
October 20, 1994 Letter sent to property owner indicating that the violation case was
scheduled before the Board of County Commissioners.
The occupancy of a residence without the final inspections and a certificate of occupancy is a
violation of Section(s) 30.5.2 of the Weld County Building Code Ordinance. To correct the violation
all inspections must be completed, approved and a certificate of occupancy issued or the house
can not be used as a residence.
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.
941115
� 4
DEPARTMENT OF PLANNING SERVICES
Woe,
PHONE (303) 353-3845, EXT. 3540
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
COLORAD
October 20, 1994
Nick Bacria
11488 Weld County Road 7
Longmont, CO 80504
Subject : BCV-2136 Building Code Violation on a parcel of land described as Pt of the SW4
Section 3, T2N, R68W of the 6th P.M., Weld County, Colorado.
Dear Mr. Bacria
As of October 20, 1994, the above property remains in violation of the Weld County Building
Ordinance. I have scheduled a hearing with the Board of County Commissioners on Tuesday,
November 8, 1994, at 10:00 a.m. to consider this Building Code Violation. The property will be
reinspected on November 7, 1994, to determine compliance and if the uses on the property are
not in compliance at the time of the inspection, then the Building Code Violation will be
considered by the Board of County Commissioners at the hearing. If the property is in
compliance then it will not be necessary for you to attend the hearing. This hearing 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 or a representative be in
attendance to answer any questions the Board of County Commissioners might have about the
violation and uses on the property.
The Department of Planning Services' staff 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 call me.
Respectfully,
Oita /09derIM
Barry Italmer
Building Inspection Technician
941115
Mr. Edwin Stoner,
Weld Cty. Bldg. Inspection Dept.
Dear Mr. Stoner,
Per your letter dated Sep. 16/94 and our last phone
conversation, I am writing to you in order to clarify the issues
regarding violation # BCV 2136: "Occupancy of residence not
permitted until final inspection and issuance of certificate of
occupancy" .
I had resided at 11488 Weld Cty Rd. # 7, in the small (white)
ranch, until I moved out of the property, to reside at :
120 Longspeak Ave. , Longmont, CO 80501,
where I still live. I saved all the utility bills in my name, and
I can provide copies for you.
I was at 11488 WCR # 7 almost every evening though, to work,
maintain the place, make sure that my two cars were still there,
and also work in my vegetable garden. Sometimes I had others help
me with the construction work, like my neighbor from the gravel
pit, Mr. Roger Servold, because of his expertise in this field. I
always took good care, after leaving the place late at night, to
make my presence obvious by parking a car in the front, engaging
the timers for stereo and lights, etc. This place has a sad
history of break-ins, due to its location. Perhaps that is the
reason that it may have appeared to others that I spent the night,
when I wasn't. I did however move in finally most of my furniture
and the boxes.
Adverse conditions have kept me in the past from finishing the
blue house by September l'st. My mother was very sick, and I have
been unemployed for 12 months. Things started to improve now and
I have already hired a general contractor. His name is Mr. Ron
Miller, and he is at 1 - (303) 223 8366. I will try to finish the
whole thing by the end of January, 1995. However, just in case
things get out of control (they've done it regularly lately) I am
respectfully asking to be granted an extension until March 31' st,
1995. I am more than positive that this will allow me the time I
need to wrap this project up.
Thank you very much for your understanding.
J y I���V�`�J ` With best regards, "V
SEP ? ' 1994 Nick Bacria
-«.ohnninooC
91111 '
Cuuunissioner hail. moved Lu ueiay ieietcai Lu Luc uuuuly nLLu.,iLy iu: ice,, ,
action of VI 02059 ` - Vernon 0. Scoggin fur thirty 'ays to allow the
'property owner to _ _ult a screening plan for op, oval and install
screening, br move the remainder of the junk from the property .
Conunissioner Klrkmeyer seconded the motion, and it carried unanimously.
VI 02061 - Dean, Patricia, . and Flora Weddle: Mr. Stoner made this a ", •,). ,,, .,�
matter of record and presented the case report, including a video of the ""„1 47
property made May 9, 1994 and Planning staff' s recommendation for referral ; -Y �C
for legal action. He indicated the noncommercial junkyard and trash / .
disposal business on the property was a violation of Sections 31. 2 and Xl� ,�,.,,,��
31.3 .9 of the Weld County Zoning Ordinance. To correct these violations, /'
the property owners must submit a screening plan for approval or remove
the trash business and junk from the property. John Dent, Attorney
representing the Weddles , requested a thirty-day delay to confer with his
clients and submit the appropriate screening plan to the Department of
Planning Services . Mr. Dent indicated the Weddles may apply for a Use by
Special Review or find another location to park their trash trucks . No
public testimony was offered. Conunissioner hall moved to delay referral
to the County Attorney for legal action of VI 112061 against Dean,
Patricia, and Flora Weddle for thirty days to allow the property owners
and their counsel to complete remedies for compliance with staff. The
motion was seconded by Conunissioner Klrkmeyer and carried unanimously.
VI 112047 - Nick Bacria: Mr. Stoner made this a matter of record and
presented the case report, including a video of the property made May 9,
1994, and Planning staff' s reconunendation for referral for legal action.
He explained the noncommercial junkyard on this property was in violation
of Sections 31 . 2 and 31. 3. 9 of the Weld County Zoning Ordinance. Mr.
Stoner indicated the property owner must submit a screening plan for
approval or move the junk from the property to comply. lie also reported
Mr. Bacria has two residences on the property, which is also a Zoning
Ordinance violation, and he must complete construction on one and change
the other to a different use to correct the violation. Mr. Kramer
indicated Mr. Dacria has substantially cleaned up the property recently.
Nick Bacria, property owner, indicated only one item constituting the
noncommercial junkyard violation remained and explained the anticipated
use of the poles and wood materials for landscaping and completing the
construction of the house. In response to Conunissioner Hall, Mr. Bacria
stated that he is currently unemployed and his employment situation would
dictate the rate of compliance. (Let the record reflect that Lee
Morrison, Assistant County Attorney, is now attorney of record. ) No
public testimony was offered. Commissioner Hall moved to delay referral
to the County Attorney for legal action of VI 02047 against Nick Boccie
until September 1, 1994, to allow the property owner to complete the
construction of the new residence and bring the property into compliance.
Commissioner Baxter seconded the motion which carried unanimously. Mr.
Stoner indicated the violation file would remain open until the second
residence is converted to another use. The Board encouraged Mr. Bacria to
work with the Department of Planning Services staff on correcting the
violations.
DCV 02106 - Francis D. and Phyllis Jean Gregerson: Mr. Stoner made this
a , matter of record and presented the case report and staff's
recommendation for referral. No video was made for this case. He
explained the property owner has failed to complete the installation of
the mobile home, which is a violation of Sections 20. 10.4, 20. 10. 1,
20. 10. 2, 40.5. 1, 50.5. 1,20. 10.3, 20. 9.8, and 70. 4.2 of the Weld County
Building Code Ordinance. Commissioner Baxter verified that this mobile
home permit was issued in January 1993 and these permits usually expire in
six months. Francis Cregerson, property owner, acknowledged the
violations and requested a ninety-day extension to complete the work on
the mobile home. He indicated he has hired setup and construction people
and anticipates them starting work by June 1, 1994 . No public testimony Q� ,6 r:
was given. Commissioner Hall moved to delay referral to the County 9 --�- .
Attorney for legal action of DCV 02106 for Francis D. and Phyllis
INSPECTION REPORT
NAME: Nick Bacria
LEGAL DESCRIPTION OF PROPERTY: The SW4 of Section 3, T2N, R68W of the 6th
P.M. , Weld County, Colorado.
DATE: September 15, 1994
CASE NUMBER: VI-2047
Inspected the property to determine compliance. The property is not in
compliance at this time. Mr. Bacria was not home at the time of the inspection
but I was able to talk to Mr. Mike Carnagie who was living in the white house
next to the one that Mr. Bacria is supposed to be finishing. Mr. Carnegie told
me that he and Jennifer Thomas have been renting the house from Mr. Bacria for
about four months and that Mr. Bacria is living in the blue house next door. I
have asked the County Attorney's Office to proceed with legal action against Mr.
Bacria to bring the property into compliance.
Barry Kramer
Building Inspection Technician
pc: County Attorney's Office
914111r
WELD COUNTY
BUILDING CODE VIOLATION NOTICE
Date S—OP— ,Y /Q`-1/21 Violation Number PL'V (o
/ Permit Number e/p4/,3?5-6/2/2.$7
Property Owner AL-4r A/ A✓riA Tenant
Address //e/SR 'ti!P 7 Address
/nrmmnr, ' o Pncr'/
Legal Description Pt n/ Sae._3 row. iQG&W
Inspection of the above described property revealed building code violations of
Section(s) 30, S. 2
of the Weld County Building Code Ordinance.
Explanation of Violation:
Qi,-t,n?r- t4 n{ re5idrnre 'tot /7ertn tL'rd Vitt/ J;ng/ ir93/�Cctn'1 are/
155r4-7/1ce of 6°rf'i ftr,vte of Occ v73-7iA^11
It is the intention of this office to assist and cooperate with the residents of
Weld County without imposing undue hardships; However, we have no discretion in
this matter if you fail to correct this violation. You have until6 D *, /`?'y
to correct this violation. Failure to do so will result in this office referring
the violation to the County Attorney's office for appropriate 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 Planning
Services' office within five days.
p
Inspector
Weld County Building Inspection Department
1400 N. 17th Avenue
Greeley, Colorado 80631
Phone 353-3845 Ext. 3525
91111
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