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HomeMy WebLinkAbout972260.tiffRESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST RICHARD E. AND CAROLYN BAUSERMAN FOR VIOLATION OF THE WELD COUNTY ZONING 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 E. and Carolyn Bauserman, VI #9700115, are allegedly in violation of the Weld County Zoning 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 October, 1997, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Richard E. and Carolyn Bauserman, subject property owners, 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. 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 Richard E. and Carolyn Bauserman to remedy the violation of the Weld County Zoning 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. 972260 PL0824 cc: Pt;ua; altseririer VI #9700115 - BAUSERMAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of October, A.D., 1997. Deputy Clerk to the Board APPROVED AS TO FORM: Dale K. Hall unty Atto BOARD OF COUNTY COMMISSIONERS WELD CpUNTY, COLORADO EXCUSED DATE OF SIGNING Barbara J. Kirkmeyer (AYE) EXCUSED DATE OF SIGNING (AYE) W. H. Webster 972260 PL0824 P R M"I T S Id: MISC120 Keyword: 8ACTM User: JCHESTER 10/14/97 Additional Notations for Inspection item: 00400 Violation Permit No: VI -9700115 Owner: BAUSERMAN RICHARD E 8 CAROLYN SU Status: ISSUED Location: LOT 4, BLOCK 21, ARISTOCRAT, SE CORNE Line Insp. Date Text 1 10/13/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 2 10/13/97 WELD COUNTY ZONING AND BUILDING CODE ORDINANCE. THE 3 10/13/97 PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS A 4 10/13/97 MOBILE HOME LOCATED ON THE PROPERTY WITHOUT THE APPROPRIATE 5 10/13/97 PERMITS. TO BRING THE PROPERTY INTO COMPLIANCE THE MOBILE 6 10/13/97 HOME MUST BE REMOVED FROM THE PROPERTY OR THE APPROPRIATE 7 10/13/97 PERMITS MUST BE OBTAINED. 8 10/13/97 JULIE CHESTER, ZONING COMPLIANCE OFFICER C—" Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. 972260 • DATE: October 8, 1997 VIOLATION NUMBER: VI -9700115 NAME: Richard and Carolyn Bauserman ADDRESS: Site address: 15428 Nancy Avenue, Aristocrat Ft. Lupton, Colorado 80621 Mailing Address: P.O. Box 1001, LEGAL DESCRIPTION: Lot 4, Block 21, Aristocrat Ranchettes, Weld County, Colorado PARCEL NUMBER: 130927216007 CASE SUMMARY: June 23, 1997 June 23, 1997 June 23, 1997 July 25, 1997 August 15, 1997 September 15, 1997 September 17, 1997 Initial complaint received and referred to Julie Chester, Zoning Compliance Officer. Initial inspection of the property. Property is not in compliance Five day compliance encouragement letter sent to the property owners. Progress inspection of the property. Property is still in violation. Thirty day Violation Notice sent to the property owners. Progress inspection of the property. Property is still in violation. Letter sent to the property owner indicating that the violation case was scheduled before the Board of County Commissioners. The mobile home is still located on the property, therefore is a violation of Sections 31.2, 31.2.16 and 43 of the Weld County Zoning Ordinance and Section 70 of the Weld County Building Code Ordinance. To bring the property into compliance the mobile home must be removed from the property or the appropriate permits obtained. 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. 972260 DEPARTMENT.OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO September 17, 1997 Richard and Carolyn Bauserman P.O. Box 1001 Ft. Lupton, CO 80621 Subject: VI -9700115 Legal Description: Lot 4, Block 21, Aristocrat Ranchettes, Weld County, Colorado Dear Mr. and Mrs. Bauserman: The property referenced above remains in violation of the Weld County Zoning and Building Code Ordinance. I have scheduled a meeting with the Board of County Commissioners on October 14, 1997 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 or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. 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. Sincerely, aLl Julie Chester Zoning Compliance Officer pc: VI -9700115 972260 PERMITS Id: MISC120 Keyword: UACT User: JCHESTER 09/17/97 Additional Notations for Inspection item: 00400 Violation Permit No: VI -9700115 Owner: BAUSERMAN RICHARD E K. CAROLYN SU Status: ISSUED Location: LOT 4, BLOCK 21, ARISTOCRAT, SE LORNE Line Insp. Date Text 1 09/15/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 2 09/15/97 WELD COUNTY ZONING AND BUILDING CODE ORDINANCE. THE 3 09/15/97 PROPERTY IS NOT IN COMPLIANCE AT THIS TIME. THERE IS A 4 09/15/97 MOBILE HOME LOCATED ON THE PROPERTY WITHOUT THE APPROPRIATE 5 09/15/97 PERMITS. TO BRING THE PROPERTY INTO COMPLIANCE ALL 6 09/15/97 APPROPRIATE PERMITS MUST BE OBTAINED OR THE MOBILE HOME MUST 7 09/15/97 BE REMOVED. 8 09/15/97 JULIE CHESTER, ZONING COMPLIANCE OFFICER Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. 972260 cf#:4T WIDc. COLORADO DEPARTMENT.OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 WELD COUNTY ZONING VIOLATION AND BUILDING CODE VIOLATION NOTICE August 15, 1997 Violation Number : VI -9700115 Richard and Carolyn Bauserman P.O. Box 1001 Ft. Lupton, CO 80621 Legal Description : Lot 4, Block 21, Aristocrat Ranchettes, Weld County, Colorado The uses on the above described property are being considered as a zoning violation of Section 31.2, 31.2.16 and 43 of the Weld County Zoning Ordinance and Section 70 of the Weld County Building Code Ordinance. This is not a use allowed by right in the Agricultural zone district. The violation can be corrected by removing the mobile home from the property or obtaining the appropriate permits for the mobile home. 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 15, 1997 to correct this zoning 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. 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. Sincerely, Julie Chester Zoning Compliance Officer pc: VI -9700115 9722.CO O PERMITS Id: MISC120 Keyword: @ACTM User: JCHESTER 08/14/97 Additional Notations for Inspection item: 00400 Violation Permit No: VI -9700115 Owner: BAUSERMAN RICHARD E 8 CAROLYN SU Status: ISSUED Location: LOT 4, BLOCK 21, ARISTOCRAT, SE CORNE Line Insp. Date Text 1 07/25/97 THE PROPERTY WAS INSPECTED TO DETERMINE COMPLIANCE WITH THE 2 07/25/97 WELD COUNTY ZONING ORDINANCE, SECTIONS 31.2, 31.2.1 AND 43 3 07/25/97 AND SECTION 70 OF THE WELD COUNTY BUILDING CODE ORDINANCE. 4 07/25/97 THERE IS A MOBILE HOME LOCATED ON THE PROPERTY WITHOUT THE 5 07/25/97 APPROPRIATE PERMITS. TO BRING THE PROPERTY INTO COMPLIANCE 6 07/25/97 THE MOBILE HOME MUST BE REMOVED FROM THE PROPERTY OR THE 7 07/25/97 APPROPRIATE PERMITS MUST BE OBTAINED. 8 07/25/97 JULIE CHESTER, ZONING COMPLIANCE OFFICER Enter Option: A=Add, C=Change, D=Delete, 1=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. 9722'0) tai x41/ I) (I' Wi�Yc. COLORADO June 23, 1997 Richard and Carolyn Bauserman P.O. Box 1001 Ft. Lupton, CO 80621 A 4° Subject: VI -9700115, Legal description: Lot 4, Block 21; kriisflicrat Ranchettes, Weld County, DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-6100, EXT.3540 FAX (303) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 Colorado Dear Mr. and Mrs. Bauserman: It has come to the attention of the Department of Planning Services' staff that the uses on your property (15428 Nancy Avenue) may not be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the zoning ordinance is a mobile home located on the property without the appropriate permits. Please call me within five working days of the date of this letter to review the concerns with me. Sincerely, Julie Chester Zoning Compliance Officer pc: VI -9700115 SERVICE, TEAMWORK, INTEGRITY, QUALITY 972260 PERMITS Id: MISC120 Keyword: AACT User: JCHESTER 06/23/97 Additional Notations for Inspection item: 00400 Violation Permit No: VI -9700115 Owner: BAUSERMAN RICHARD E & CAROLYN SU Status: COMPLNT Location: LOT 4, BLOCK 21, ARISTOCRAT, SE CORNE Line Insp. Date Text 1 06/23/97 THE PROPERTY WAS INSPECTED BY THE HEALTH DEPARTMENT BECAUSE 2 06/23/97 A CISTERN AND SEPTIC PERMIT HAD EXPIRED THROUGH THAT 3 06/23/97 DEPARTMENT. THE MOBILE HOME IS LOCATED ON THE PROPERTY 4 06/23/97 WITHOUT THE APPROPRIATE ZONING AND BUILDING PERMITS ALSO. 5 06/23/97 TO BRING THE PROPERTY INTO COMPLIANCE THE APPROPRIATE 6 06/23/97 7 06/23/97 8 06/23/97 PERMITS MUST BE OBTAINED OR THE MOBILE HOME MUST BE REMOVED FROM THE PROPERTY. JULIE CHESTER, ZONING COMPLIANCE OFFICER Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. 9722c0 PERMITS Id: ASSR100M Keyword: @ASSRD User: JCHESTER 06/23/97 Parcel General Information Maintenance General Parcel Data Maint - Action: Inspect a Record Parcel No: 1309 27 216007 Rg Ts Sec : 660227 Status: A Active Retired(Y/N): N Street Address: Dir: St: Situs Location: Legal Desc: AR21-1 L4 BLK21 ARISTOCRAT RANCHETTES INC Acres: .99 X-COORD: Y-COORD: Tax Rate Area: 0820 Assr Use Code: 0127694 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: BAUSERMAN RICHARD E & CAROLYN SU Phone: Mailing Addr: P 0 BOX 1001 FT LUPTON CO Zip: 80621 Contract Owner: Percent/Ownership: .00 *** Press any key to continue *** City: PERMITS Id: ASSR100D Keyword: @ASSRD User: JCHESTER 06/23/97 Parcel Legal Description Maintenance Parcel Legal Description - Action: Inspect Page: 1 AR21-1 L4 BLK21 ARISTOCRAT RANCHETTES INC Parcel: 1309 27 216007 Use: 0127694 Owner: BAUSERMAN RICHARD E & CAR Situs: Acres: .99 Legal: AR21-1 14 BLK21 ARISTOCRAT RANCHETTES INC F2tNext Page, F3CPrev Page, ESC¢Exit PERMITS Id: MISC301 Keyword: @ASSRD User: JCHESTER 06/23/97 User Defined Data Fields for Parcel No: 1309 27 216007 Parcel No: 1309 27 216007 972260 kc..n Jr.l .0 u.. . M.. AHi41S&&4 2431844 If -1485 I'-10.1 01/28/95 04:I8P VG 1 OF 1 Weld County CO Clerk & Recorder WARRANTY DEED 11115 DP ED. Made aid. 24111 day rat MARCH, 1995 between MARK SEXTON and BARBARA SEXTON of the County of WELD and Sum of COLORADO, gtasen, and vhuu legal address is 305 SOUTH }HID AVENUE„ BRIGIrFoN, COLORADO 80601 of die County of ADAMS and Sure of COLORADO. gra ace: RICHARD E. IIAUSERMAN REC DOC 5.00 1. WITNESSE H. That the grantor. for and in con Aeration of the sum of TEN THOUSAND AND 00/100ta DOLLARS. (510,000.00), the receipt and suficiency of which is hereby acknowledged, has gra ted, bargained. sold and conveyed, and by these resents does grain. bargain. sell, convey and confirm unto the grantee, his heirs and assigns forever. all the real property isgether with improvements, if any, situate, lying and being in the County of WELD, and State of Colorado, described as follows: LOT 4, BLOCK 21, ARISTOCRAT RANCHEITES SUBDIVISION, LOCATED IN SECTION 27, TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE SIXTH P.M.., COUNT/ OF WELD, STATE OF COLORADO. also known by Wed and number as VACANT LAND, FORT LUPTON, COLORADO Mal TOGETHER with all and saguar the beseditameots and appurtenances tees belonging. or in anywie appending and the reversion and reversions, remainder and remainders. sea antes and plotis thereof, and all the acme, right. a�s demand whatsoever of the grantor, either In law or egmry, of, ad m te athe above bargained p• isd TO HAVE AND TO HOLD the said premises above bargained and deserted, with the amPmamaoar, um the pain Ms has ad assigns forever. And the grantor, for himself, his heirs and perusal reprtscnsatves, does comsat. Mink barge and agree mad with the grantee, hi Mb, and suing, that at the time of the totaling and delivery of these presents betsW ste ed of the praises above conveyed, has gam. perfect. , p. absolute and adcfeastkestateeof inheritance, a law, lake presents, be and bas good rigfall gennt ad lawful authority to gram, bargain, aW and convey the same in manner and form aforesaid, and that the tame are bee ad ear 6a al framer and other gram bargain. Wes. Eau, axe+, assessments, encumbrances and restrictions of whatever kid sees loevr. escape for faun for the current year. a Yen but not yet due r payable, emements, reins. ,_melsea, a.vometr rights -of -way of record. If any.. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peamaha paaa i n of the gramtoe, his hens and assigns, against all and every person or persons lawfully claiming the whoa or any pan thereof. The singular mmtet shall include the plural, the Ward the singular, and the use of any seder shall be applicable to al genders. IN WITNESS WHEREOF, the grantor has eta 1d this deed on the dam set fort above. STATE OP COLORADO sin. COUNTY OP ADAMS insurances was acknowledged before me this 24Th day of MARCH, 1595 by MARK SEXTON all MRYARA xpires:& .l,/aa/9r1 W r al IDLE Afica1 No. MA. 44.1+4. WAauAVIY OECD Sr Iaraealklt lard) Recorded m AH14J1A'S u'clncI M , 2431845 11-1485 P-104 03/28/95 04:18P PO Weld County CO Clerk A Recorder QUIT CLAIM DEI.0 Tills DEED, Made ibis _24TI1 day of MARCH__ 1995 baw,cn RICHARD E. HAUSERMAN of the County of ADAMS and State of COLORADO , of the first pad, and RICHARD E. HAUSERMAN AND CAROLYN SUE HAUSERMAN whose legal address is 365 SOUTH 23RD AVENUE BRIGHTON, COLORADO 80601 of the County of ADAMS and Slate of COLORADO , of the second part: WITNESSETII, That the said party of the lust part, for and in consideration of the sum of * * * B10.00* * • TEN DOLLARS ADD OTHER GOOD AND VALUABLE CONSIDERATION * DOLLARS, to the said party of the fast pan in hand paid by the said parties of the second pan, the receipt whereof u hereby confessed and acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these presents does remise, release. std. convey and QUIT CLAIM unto the said panics of the wooed part, not in tenancy in common but in joint latency, the survivor of than, their assigns and the heirs and assigns of such survivor forcer, all the right, talc, interest, claim and demand which the said party of the first part baw In and to the following described Id(s) or parrel(st of land, situate, lying and being in the County of REID'' , ad Stale of Colorado, to wit: LOT 4. IRAQ 21. ARISTOCRAT RARCE)TTER SUBDIVISION. LOCATE) IN SECTION 27. TOWNSHIP 2 NORTE. RANGE 66.ME6T OF TER SIETE r.M.. COUNTY OF WELD. STATE OF COLORADO NO DOC FEE REQUIRE) TITLE PURPOSE MT alto known by sweet and number as VACANT LAID. FORT LDPY4, COLORADO 50621 TO HAVE AND TO HOLD the same, together wilt all and singular the appurtenances and privilege. thetmie b iangieg. et ia anywise thermso appertaining, and all the estate, right, title, heaves, and claim whatsoever, of the said party of the lint pan, abbe t law or equity, unto raid parties of the second part, the survivor of diem, their assign, and the belts and assigns of end atwivot largest. The singular number shall include the plural. the plural the singular, and the we of any gender shall be applicable in all pokes. IN WITNESS WHEREOF, The said party of 'he lint past has hereunto set his had and seal the and year Ent above ram. Signed, Sealed and Delivered in the presence of RICHARD E. EAUSEOMAR STATE OP COLORADO COUNTY OP ADAMS T e foregoing Instrument was aukrtowledged before me this 24TH day of HANOI , 19.21 by BAUSIaNAN Cwnmustolt, rtal 6/22/97 nitAuld o, Non Pali ❑/ZONING COMPLAINT -o1UILDING CODE COMPLAINT LEGAL DESCRIPTION: VIOLATION ADDRESS: DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT V J Complaint Initiajed by: o Staff i'zen o Other Q -1-01'1 tcl )6 ) 5 "ThsAti Parcel# /3c Ci-24 ZI (6-Ct I ATTACH COPY OFD u 1 Property Owner's Name: i_>it u m t aF-vz,., ‘c lit Phone # -rA/ Property Owners Address: I> ` K � / tc/ �� ' (L' 2 Tenant's Name and Mailing Address: NATURE OF COMPLAINT:; Zoning Complaint Referred To: Date: (,^ Z3I11 Building Code Complaint Referred To Date: Case Assigned To: �,�I It {,� r Date: Z ?) N." ACTION OF INVESTIGATOR: Inspection of property indicates: Date of Inspection: 6'' 1 z--2, 11 o No violation of the Weld County o Zoning / o Building Code Ordinance Referred to: on ❑ Noyiolation of the Weld County o Zoning / ❑ Building Code Ordinance Z iolations of the following Sections of the•�ning 'i z i. Z I l_. 4J ceding Code Ordinance(? ACTION ON COMPLAINT: o No Action Taken/No Violation i�lolation File Startd Date Date C-/ z 2-,/( I CASE REVIEWED BY SUPERVISOR Date SUPERVISOR'S COMMENTS NOTE: Attach all pertinent information and facts disclosed by investigation to this form. 9722€0 Hello