HomeMy WebLinkAbout980215.tiff HEARING CERTIFICATION
RE: VIOLATIONS OF THE WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
A public hearing was conducted on February 10, 1998, at 10:00 a.m., with the following present:
Constance L. Harbert, Chair
W. H. Webster, Pro-Tem
George E. Baxter
Dale K. Hall
Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Lin Dodge
County Attorney, Bruce Barker
Planning Department representative, Sharyn Frazer
Planning Department representative, Julie Chester
Planning Department representative, Jeff Reif
The following business was transacted:
I hereby certify that a public hearing was conducted to consider whether to authorize the County
Attorney to proceed with legal action against the individuals named for violations of the Weld
County Building Code and Zoning Ordinances. Cases were heard as follows.
VI #9600271 - John and Norma Hogarth: Sharyn Frazer, Department of Planning Services,
reviewed the case file for the record and stated the mobile home on the subject property has not
had final inspections and, as of the February 9, 1998, inspection, the property was still in violation
of Sections 20.9.1.1, 20.9.3, and 70.4.2 of the Weld County Building Code Ordinance and Sections
43.2.7.5 and 43.2.7.8 of the Weld County Zoning Ordinance . She further explained the initial
complaint was made in October 1995, and permits were applied for in November 1995, but never
finaled nor were violations corrected. Responding to Chair Harbert, Jeff Reif, Building Inspections,
indicated the property owner was notified in December 1997, that electric, plumbing, skirting, steps
and landings, water service, gas, and mechanical inspections had not been finaled and the mobile
home was still in violation. Ms. Frazer added that the property owners did tell staff they are living
in the mobile home and it is questionable how they are getting electric and other utility service.
John Hogarth, subject property owner, was present and stated he was doing the work on the
mobile home himself, but suffered three heart attacks and is now disabled. He further stated his
stepfather was doing the electrical work but died before the work was finished, and he has not been
able to hire anyone else. Responding to the Board, Ms. Frazer indicated the property owners were
sent a 180-day correction notice in September 1996, with three pages of corrections. Norma
Hogarth, property owner, was present and stated the inspector told her that only two wires needed
to be changed; however, she could not state the inspection date or name of inspector.
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Commissioner Baxter verified the property owners understand that final inspections are required
and they need to fix whatever is wrong before these violations can be cleared. Responding to
Chair Harbert, Mr. Hogarth indicated they heated the mobile home with kerosene heaters. Mr. Reif
stated there is no restriction to using kerosene heaters as long as they are appropriate for the type
of use. In response to Commissioner Kirkmeyer, Mr. Hogarth indicated he should be able to call
for final inspections within 30 days. Chair Harbert reminded Mr. and Mrs. Hogarth that if they do
not correct the violations and call for the final inspection within 30 days, the County Attorney will
initiate legal action. No further public comment was offered. Commissioner Kirkmeyer moved to
refer VI #9600271 against John and Norma Hogarth to the County Attorney and defer any legal
action for 30 days to allow the subject property owners adequate time to made necessary
corrections and call for a final inspection of the mobile home. The motion was seconded by
Commissioner Webster and carried unanimously.
VI #9600299 -James Wenzinger: Ms. Frazer reviewed the case file for the record and stated the
unpermitted mobile home on the subject property is in violation of Section 31.2, 31.2.16, and 43
of the Weld County Zoning Ordinance and indicated the building permit is being held until septic
and well permits are obtained from the Health Department. She stated James Wenzinger, property
owner, has cooperated with staff since the initial complaint in November 1996. James Wenzinger,
subject property owner, was present and stated he has the property for sale, and has not been
able to obtain the appropriate permits because he was laid off before Thanksgiving and has only
been able to find temporary work since. Responding to the Board, Ms. Frazer clarified the well on
the property is an agricultural well and must be permitted through the State. In response to
Commissioner Baxter, Mr. Wenzinger stated only the septic remains to be completed; however,
since he is trying to sell the property and plans to move the mobile home, he has not finished the
permit process. Ms. Frazer clarified the initial violation was for a residential mobile home, but Mr.
Wenzinger has been advised that if the mobile home is moved, the violation will be closed.
Commissioner Kirkmeyer questioned whether Mr. Wenzinger wanted the mobile home permitted
in the event someone wanted to live on the property, to which Mr. Wenzinger reiterated his plans
to sell the property and move the mobile home, and he stated he needs the additional time to
accomplish such. During ensuing discussion, Commissioner Kirkmeyer verified that Mr. Wenzinger
has no intentions of living in the mobile home on the subject property. Ms. Frazer advised the
Board that Mr. Wenzinger applied and paid for a building permit for a principle dwelling which could
be changed out to a storage building permit for the mobile home as long as no one lives in it. Staff
clarified for the Board said permit for a storage building use would be effective for six months,
which would allow sufficient time for the sale of the property and be a less costly solution to the
violation. Responding to Chair Harbert, Mr. Wenzinger agreed to change out the permit and
indicated he would like to meet with Planning staff Wednesday, February 11, 1998. No further
public comment was offered. Commissioner Kirkmeyer moved to refer VI#9600299 against James
Wenzinger to the County Attorney and defer any legal action for one week to allow Mr. Wenzinger
adequate time to meet with Planning staff and change out the permit. Commissioner Webster
seconded the motion, which carried unanimously.
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VI #9700211 -Woody Kislowski: Ms. Frazer reviewed the case file for the record indicating the
mobile home is in a state of disrepair and no final inspections were done on a building permit
issued in April 1997, which are violations of Sections 43.2.7.5 and 43.2.7.8 of the Weld County
Zoning Ordinance and Sections 20.9.1.1, 20.9.3, and 70.4.2 of the Weld County Building Code
Ordinance. She further stated that because of the state of disrepair and the property owner's
failure to respond to notices, staff recommends referral for legal action. The property owner was
neither present nor represented at this hearing. Responding to the Board, Julie Chester,
Department of Planning Services, referred to the case summary and stated she spoke with Woody
Kislowski, property owner, on the phone on January 19, 1998, at which time he indicated he
wanted to remove the mobile home from the subject property. She further stated Mr. Kislowski was
told at that time if the mobile home was not removed by January 29, 1998, he would be scheduled
for a violation hearing. Ms. Frazer verified no further contact has been made by the property owner
and none of the notices sent by staff were returned. No public comment was offered.
Commissioner Hall moved to refer VI #9700211 against Woody Kislowski to the County Attorney
for legal action. The motion was seconded by Commissioner Kirkmeyer and carried unanimously.
This Certification was approved on the 18th day of February, 1998.
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APPROVED:
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ATTEST: ; , ` lip^�i BOARD OF COUNTY COMMISSIONERS
ii WELD COUNTY, COLORADO
L.Weld Count sO eitrtot cP9 ': EXCUSED DATE OF APPROVAL
Constance L. alert, Chair
BY: /V U ,d)-1)557—
Deputy rL� . ,.- :a�:
W. H. Webster, Pro-Tem
TAPE #98-04
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Dale)K. all
arbara J. Kirkmeyer
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