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HomeMy WebLinkAbout992688.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST RICHARD BAUSERMAN 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, Richard Bauserman, VI #9900119, 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 9th day of November, 1999, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Richard Bauserman, 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 March 31, 2000, to allow adequate time for the property owner 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 said violation be, and hereby is, referred to the Weld County Attorney's Office for legal action against Richard Bauserman 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 March 31, 2000, to allow adequate time for the property owner to bring the subject property into compliance. 992688 M PU , CA ) PL0824 M ' VIOLATIONS -VI #9900119 - RICHARD BAUSERMAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of November, A.D., 1999. BOARD OF COUNTY COMMISSIONERS '/�/Il ELD COUNTY, QOLO ADO ATTEST: (7' ' ► ' :� vv Da . Hall, Chair Weld . .,v��C Board / ,•:v, &aJ. Kirkmeyero &mg BY:' 'd�r�._ r�1�. /. e ;.� '� c t and r eorg . B er APPR ® RM: _ L_) 7 . J./�Cyeile o hly Attorney izi Glenn Vaad 992688 PL0824 DATE: November 09, 1999 VIOLATION NUMBER: VI-9900119 NAME: Richard Bauserrnan ADDRESS: 15428 Nancy Avenue, Fort Lupton, CO 80621 LEGAL DESCRIPTION: AR21-1 IMPS ONLY MH L4 BLK21 ARISTOCRAT RANCHETTES CHA 65-05 PARCEL NUMBER: 1309 27 216007 1 01 CASE SUMMARY April 08, 1998 Permit Number PR-9830062,was issued for a 24x47 1965 Champion-White-Modular on caissons. No inspections have been conducted since the permit was issued. November 04, 1998 A Ten Day Letter was sent out by Tom Potter. January 08, 1999 An extension was authorized until March 1, 1999 due to health reasons in family-wife hospitalized; there is no written request for the extension. March 25, 1999 Building Code Violation was issued. 30 Day Letter was sent out by Dave Sprague. June 16, 1999 Left message with Richard's son regarding the violation. June 21, 1999 Contact was made with Richard and he had mentioned that the contractor that was doing the work for him was gonna be busy until the end of July and would be doing work on and off for about 2 months. I granted him an extension until September 30, 1999; he faxed a request in writing for the extension. October 04, 1999 Follow-up call was made. There was no answer. October 14, 1999 Follow-up call was made. There was no answer. October 19, 1999 A site inspection was conducted. I had little problem locating the property because there are was no number for the property. According to the drawings submitted with the permit and the color of the mobile home, the mobile home we found matched the description and the location; not blocked and tied. Photos were taken. October 22, 1999 Follow-up call was made. I spoke with Richard's son and he knew that it was regarding the mobile home. He would get the message to his dad and he was sure that his dad would call back on Monday morning. October 26, 1999 Follow-up call was made. There was no answer. October 28, 1999 Scheduled Hearing Certified Letter was sent out by Joe Mendez. There was no response regarding this violation. The Department of Planning also recommends that the County Attorney be authorized to proceed with 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. Copies of the violation materials are available at the Department of Planning Services' office or the'Weld County Attorney's Office. SERVICE,TEAMWORK,INTEGRITY.QUALITY 992688 t1-080 41 1 DEPARTMENT OF BUILDING INSPECTION PHONE (970) 353-6100, EXT.3534 FAX (970) 304-6498 WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE O GREELEY, COLORADO 80631 COLORADO October 28, 1999 Richard Bauserman 365 S 23rd Avenue Brighton, CO 80601 Subject: AR21-1 IMPS ONLY MH L4 BLK21 ARISTOCRAT RANCHETTES CHA 65-05 Dear Mr. Bauserman: The property referenced above (15428 Nancy Ave.) remains in violation of the Weld County Building Code Ordinance. I have scheduled a meeting with the Board of County Commissioners for November 09, 1999 , at 10:00 a.m. to consider the violation 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 County Commissioners might have about the violation. This would be a prime opportunity for you explain all issues regarding this violation. If you can contact me prior to the hearing and take care of this matter, we will not proceed with the hearing. If no contact is made, all plans will continue with the hearing. 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 if you and/or a representative are not available. 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. Sincerely, ciLE;L.. Joe J. Mendez ®� Building Compliance Officer DATE: Oct 28, 1999 VIOLATION NUMBER: VI-9900119 HAUSERMAN RICHARD HOME OWNER: 365 S 23RD AVENUE BRIGHTON CO 80621 LEGAL DESC: AR2I-1 IMPS ONLY MH L4 BLK21 ARISTOCRAT RANCHETTES CHA 65-05 PARCEL NUMBER: 1309 27 216007 1 01 CASE SUMMARY: COURTESY LETTER: 11/04/1999 ISSUED VIOLATION: 03/25/1999 SUNNARY OF CORRESPONDENCE AND INSPECTIONS Item: 00404 TELEPHONE CALL Dept. Division: 06/16/1999 JJM Action: TEL LEFT MESSAGE W/ SON Time: 00:00 06/21/1999 00W Action: TEL CONTACT W/ RICHARD Time: 00:00 09/15/1999 JJM Action: TEL FOLLOW UP CALL - NO ANON Time: 00:00 10/04/1999 JJM Action: TEL NO ANSWER Time: 00:00 Notes: 6/21 - I SP0EE W/ MR. HAUSERMAN AND HE HAD MENTIONED THAT THE CONTRACTOR WAS BUSY UNTIL TEE END OF JULY TO WORK. THE CONTRACTOR WILL THEN BE DOING WORK ON & OFF FOR THE NEXT 2 MONTHS AFTERWARDS. I GRANTED A EXTENSION UNTIL SEPTEMBER 30, 1999 TO COMPLETE ALL WORK. HE MENTIONED THAT EVERYTHING "WILL" BE COMPLETED PRIOR TO THE 36TH. I ALSO MENTIONED THA NO OTHER EXTENSIONS WOULD BE AUTHORIZED DUE TO THI ONE BEING THE SECOND EXTENSION AUTHORIZED. HE WIL BE FAXING A LETTER REQUESTING THE EXTENSION. 6/16 - NOTE: I DID LEAVE A MESSAGE W/ HIS SON PRIOR T_0 CONTACTING RICHARD. 10/4 - FOLLOW UP CALI. WAS MADE . . . NO ANSWER. 10/14/1999 JJM Action: TEL NO ANSWER Time: 00:00 10/19/1999 JJM Action: INSP SITE INSPECTION DONE Time: 00:00 10/22/1999 JJM Action: TEL SPOKE W/ SON, LEFT MSG Time: 00:00 Notes: I SPOKE W/ RICHARD'S SON AND HE HAD MENTIONED THAT HE WOO GET THE MESSAGE TO HIS DAD AND THAT HE KNEW THAT FOR SURE HIS DAD WOULD BE CALLING BACK olq MONDAY MORNING. EE KNEW IT WAS REGARDING TEE MOBILE HOME. 10/26/1999 JJM Action: TEL NO ANSWER Time: 00:00 10/28/1999 JJM Action: INSP NO RESPONSE Time: 00:00 Item: 00495 LETTER Dept Division: 11/04/1998 TP Action: APPR ENCOURAGEMENT LETTER Time: 00:00 03/25/1999 DMS Action: APPR VIOLATION LETTER SENT Time: 00:00 10/28/1999 JJM Action: APPR CERT. HEARING LETTER SEN Come: 00:00 Item: 00400 SITE INSPECTION Dept Division: 10/19/1999 JJM Action: INSP SITE INSPECTION Time: 00:00 Item: 00406 OFFICE VISIT Dept: Division: 10/28/1999 JJM Action: INSP NO CALLS OR RESPONSE Time: 00:00 • The Department of Planning Services 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. 'xy .R�•" Y' " ' Y x . f• VV ' uuw t i tt YF� �" ivia t le. 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PF.EF�+ 301 CAISSONS PREFA 315 SKIRTING PREF?' 302 BLOCKING/JACKS • PREFA 317 STEPS & LANDINGS PREFA 3D4 FRAME WELDS PREFA 318 FINAL APPROVAL PREFA 306 U/G ELECTRIC PREFA 319 MANUFACTURED C/O PREFA 34r SEPTIC 308 WATER SERVICE PREFA 309 GAS TEST PREFA 210 MECHANICAL PREFA 311 ELEC SERVICE PEDESTAL PREFA :313 P METER PREFA ' 313 FINAL ELECTRIC PREFA 314 FINAL PLUMBING PREFA Select Inspection Item: Emil T (E=Entries A=Apprc.ved r-Required Inspection n=Additional Notations recorded) CITIZEN INQUIRY FORM WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPCTION Phone (970) 353-6100, Ext. 3555 6Ari Fax (970) 304-6498 p14..ii t Weld County Administrative Offices 1555 North 17th Avenue Greeley, Colorado 80631 (Q DATE: June 21, 1999 • x Telephone i Office First Inquiry? Yes No COL ®' ADO NAME: Richard Bauserman PHONE: (303) 659-5783 ADDRESS: 15428 Nancy Avenue PERMIT(S) PR-9830062/VI-9900119 MHZP _ SKETCH PLAN _ MINOR SUB SKETCH PLAN ZPMH _ PRELIMINARY PLAN _ MINOR SUB FINAL PLAT RE - FINAL PLAT _ ZONING AMENDED RE _ RESUBDIVISION _ ADDRESSING SE _ FHDP - BUILDING PERMIT AMENDED SE GHDP _ SETBACKS/OFFSETS SITE PLAN REVIEW _ USR _ HOME OCCUPATION REZONING - AMENDED USR X VIOLATION PUD SKETCH PLAN - USR MINING _ OTHER PUD DISTRICT _ USR MAJOR FACILITY PUD FINAL PLAT - USR DISPOSAL SITE STAFF PERSON: JOE J. MENDEZ Items Discussed: I had left a message with Richard's Son on Friday, June 16 regarding the violation. I call him this morning and made contact with him. He mentioned that the contractor that is doing the work for him is busy until the end of July and that he will be doing work on and off for about 2 months. I granted him an extension until September 30, 1999, but I also explained that he already received one extension and that this would be the last extension granted. He said that the work WILL be completed prior to the expiration of the extension. He will be sending or faxing a request in writing for the extension. Time Spent: Staff Members Initials: JUN-21-1999 10 37 ADAMS CTY FISCAL AFFAIRS 303 654 6056 P.01 ADAMS COUNTY, COLORADO FISCAL AFFAIRS DEPARTMENT 450 SOUTH 4TH AVENUE BRIGHTON, CO 80601 Phone (303) 654-6055 Telefax # (303) 654-6056 Date: 6/1//77 Time: TO 2&e/;y2�� COMP n Y/� FROM: l.�c C{/ � v �nt� NUMBER OF PAGES (including this page) For Your Information Answer Direct For Your Files Send Copy of Reply For Appropriate Action For Your Review _ Re Our Discussion Per Your Request Sign and Return for Signature Call MESSAGE: If there are any difficulties or questions regarding this transmittal, please notify JUN-21-1999 10:37 ADAMS CTY FISCAL AFFAIRS 303 654 6056 P.02 June 21, 1999 Weld County Planning Joe Mendez RE: Extension of Permits for 15428 Nancy Avenue, Ft Lupton, CO 80621 Per our telephone conversation today, June 21, 1999, this is my request for an extension of time on permits to. September 30, 1999. Due to circumstances beyond my control, the work has not been. completed, as individuals that were scheduled to help me with the project were over committed with the housing boom in the Denver metro area. They are not going to be available until after July 4, 1999. The requested extension to September 30, 1999 will allow me to complete this project. Thanking you for your help in this matter. Sincerely, C�g /, 7i � Richard R. Hauserman 365 South 23x° Avenue Brighton, CO 80601 303-659-5783 TOTAL P.02 -74x0. ' ,..n fl jir' II :''ill ' DEPARTMENT OF BUILDING INSPECTION PHONE (970)353-6100,EXT.3525 t, FAX (970)352-6312 (O WELD COUNTY ADMINIS iltATIVE OFFICES , • 1400 N. 17TH AVENUE COLOR O� GREELEY, COLORADO 80631 D WELD COUNTY BUILDING CODE VIOLATION NOTICE March 25, 1999 Violation Number : VI-9900119 Richard Bauserman 15428 Nancy Avenue Ft Lupton, CO 80621 Re: Completion of inspections on PR-9830062 Legal Description : L4 BLK21 ARISTOCRAT RANCHETTES The building official has determined that the above described property is in violation of Section 71.4.2 of the Weld County Building Ordinance. The Weld County Building Ordinance requires that all manufactured home permits be completed within 180 days after the permit is issued. Permit PR-9830062 expired October 5, 1998. An extension to complete all inspections was granted until March 1, 1999. 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 April 25, 1999, it will be scheduled for a hearing before the Board of County Commissioners to consider whether to refer this violation to the County Attorneys 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. Sim-rel Day: Spragu- Build' : • `cial DEPARTMENT OF PLANNING SEI 2ES COMPLAINT REPORT • 0 Zoning Complaint ' Complaint Initiated by: p_ ding Code Complaint_ aff D. Citizen 0 Other ' �/.s% COMPLAINT RECEIVED BY .9O/ 2 / firy 6,gDATE:2o2 S 7 LEGAL DESCRIPTION: / a" / / #4-7,4 (1// 1 4,4y L-4/ L L. VIOLATION ADDRESS: J ✓V L / - A"r Parcel # 609 .2.7 ,216 0.07 J ATTACH COPY OF DEED Property owner' s name: • . PTel. No. Property owner 's address : Tenant's name and mailing address: ' NATURE OF COMPLAINT: • • ZONING COMPLAINT REFERRED TO: DATE: BUILDING CODE COMPLAINT REFERRED TO: DATE: CASE ASSIGNED TO: DATE: ACTION OF INVESTIGATOR Date(s) of Inspection: Inspection of property indicates: O no violation of the Weld County 0 Zoning O Building Code Ordinance . referred to: on O no violation of the.,weld County 0 Zoning O Building Code Ordinance. O violations of the following' sections of the 0 Zoning 0 Building Code Ordinance: ACTION ON COMPLAINT: 0 No Action taken/no violation 0 Violation File Started Date: Date: CASE REVIEWED BY SUPERVISOR DATE: SUPERVISOR'S COMMENTS NOTE: Attach all pertinent information and facts disclosed by investigation to this fc.rm. PERMITS Id: ASSR100M Keyword: SPARC User: DSPRAGUE 03/25/99 Parcel General Information Maintenance General Parcel Data Maint - Action: Update Record Parcel No: 1309 27 216007 1 01 Rg Ts Sec : 660227 Status: A Active Retired(Y/N): N Street Address: Dir: St: City: Situs Location: 15428 NANCY AVE FORT LUPTO Legal Desc: AR21-1 IMPS ONLY MH L4 BLK21 ARISTOCRAT RANCHETTES Acres: .00 X-COORD: Y-COORD: Tax Rate Area: 0822 Assr Use Code: 1034597 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: BAUSERMAN RICHARD Phone: Mailing Addr: P 0 BOX 1001 FORT LUPTON CO Zip: 80621 • Contract Owner: Percent/Ownership: .00 F7eWrite Record, F2cAllow Fractions, _ESC¢Cancel PERMITS Id: ASSR100D Keyword: SPARC User: DSPRAGUE 03/25/99 Parcel Legal Description Maintenance Parcel Legal Description - Action: Update Page: 1 AR21-1 IMPS ONLY MH L4 BLK21 ARISTOCRAT RANCHETTES CHA 65-0562061288AB LAND BAUSERMAN RICHARD E & CA ROLYN SUE Parcel: 1309 27 216007 1 01 Use: 1034597 Owner: BAUSERMAN RICHARD Situs: 15428 NANCY AVE FORT LUPTO Acres: Legal: AR21-1 IMPS ONLY MH L4 BLK21 ARISTOCRAT RANCHETTES F7eUpdate, _F2/PgDntNext Page, _F3/PgUptPrev Page, _ESC¢Cancel PERMITS Id: ASSR100N Keyword: SPARC User: DSPRAGUE 03/25/99 Parcel Owners Maintenance Primary Owner: BAUSERMAN RICHARD Name Cont Owner Type Percent Date BAUSERMAN RICHARD 11/21/97 *** End of Names *** Parcel: 1309 27 216007 1 01 Use: 1034597 Owner: BAUSERMAN RICHARD Situs: 15428 NANCY AVE FORT LUPTO Acres: Legal: AR21-1 IMPS ONLY MH L4 BLK21 ARISTOCRAT RANCHETTES F1¢Help, _ESCcExit Permit No VI-9900119 DATA SHEET Page: 1 03/25/99 13:57 Data: Full Description Description: FINAL APPROVAL NEEDED ON PR-9830062. Data: Process Tables Screen No: 01 Base_ Information Parcel No: 1309 27 216007 1 01 Owner: BAUSERMAN RICHARD Status: ISSUED Written By: DMS Sec/Twn/Rng: 27 02 66 Description: FINAL APPROVAL NEEDED ON PR-9830062. Location: 15428 NANCY AVE, FT. LUPTON, CO Zoning Dist: Permit Num: App Type: BCV (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi") Class Code: VI-26 mobile home inspections Complaint: 03/25/1999 Init: DMS NO VI: 00/00/0000 Init: 5 Day Letter: 11/04/1999 Init: DMS Issued: 03/25/1999 Init: DMS Inspection: 00/00/0000 Init: BCC Via: 00/00/0000 Init: Court: 00/00/0000 Init: Closed BCV: 00/00/0000 Init: Closed VI: 00/00/0000 'nit: Screen No: 02 Zoning Information Parcel No :1309 27 216007 1 01 Legal Descr:AR21-1 IMPS ONLY MH L4 BLK21 ARISTOCRAT RANCHETTES CHA 65-05 Owner Name :BAUSERMAN RICHARD Date:00/00/0000 Verified: Setbacks N: 5: E: W: Req by Zoning Sec Twn Rng:27 02 66 Notes: Zoning Dist: Acres .00 ** 1=Yes, 2=No, 3=Appr/Cond Met, 4=Appr/Cond Not Met ** Legal Lot ¶ Site Plan Review SPR Prior to Zoning Yr ¶ Board of Adjustment BOA t 80 Acres ¶ Non-Conforming Use NCU Rec Exemption RE ¶ Flood Hazard Dev FHDP Sub Exemption SE ¶ Geological Hazard GHP Use Spec Review USR ¶ Accessory Dwelling ZPAD Planned Unit Dev PUD ¶ Subdivision S ¶ Change of Zone COZ ¶ Violation VI Screen No: 03 Violation Letter Text Use this screen to add text to be merged with violation letters- For all letters - Dear... : (include ',') For all letters - My Name: My Title: Permit Num: Permit No VI-9900119 DATA SHEET Page: 2 03/25/99 13:57 Data: Process Tables Continued... Ordinance Section: For Case Summary - To bring property into compliance... Data: People OWNER BAUSERMAN RICHARD 03/25/99 P 0 BOX 1001 FORT LUPTON CO 80621 Data: Conditions Data: Comments Data: Inspections Item: 00404 TELEPHONE CALL Dept: Division: Item: 00405 LETTER Dept: Division: Item: 00400 SITE INSPECTION Dept: Division: Item: 00406 OFFICE VISIT Dept: Division: Data: Approvals, Item: 00001 Building Department Dept: BUILDING Division: Item: 00002 Planning Department Dept: PLANNING Division: Data: Locks, Holds, Notices Data: Addresses 15428 NANCY AV ARI 03/25/99 Data: Parcels 1309272160071 01 / / - Hello