HomeMy WebLinkAbout980057 RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST CARMEN AND BILLY MATA FOR VIOLATION OF THE
WELD COUNTY BUILDING CODE AND ZONING ORDINANCES
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, Carmen and Billy Mata, VI #9700114, is allegedly in violation of the Weld
County Building Code and Zoning Ordinances, 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 determination by staff that said property was dangerous under the Uniform Code for the
Abatement of Dangerous Buildings, and
WHEREAS, at said hearing, the Board deemed it advisable to continue said matter to
January 13, 1998, at 10:00 a.m., during which time said property owner was directed to
investigate the abatement of asbestos in the building on said property, and
WHEREAS, on the 13th day of January, 1998, a public hearing was held before the
Board of County Commissioners, at which Billy Mata, property owner, was present, 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 April 1, 1998, to allow adequate time for the property owner to
complete the abatement of asbestos in the building on said property 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 Carmen and Billy Mata to remedy the violation of the
Weld County Building Code and Zoning Ordinances, 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
April 1, 1998, to allow adequate time for the property owner to bring the subject property into
compliance.
980057
PL0824
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VI #9700114 - MATA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of January, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WE4D COUNTY, COLORADO
ATTEST: ! ) rEt>;r�17� fi�C2°o ael.r t.i
Constance L. Harbert, Chair
Weld County Of
CIO /(1
(I/L1211;(121-7
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W. H. LeProJ ' Um
BY:
Deputy C e EXCUSED
e E. Baxter
APP DASTOF
DaIe,K. Hall
Attorney
�.c—e
arbara J. Kirkmeyer
980057
PL0824
1,17
DATE: January 7, 1998
VIOLATION NUMBER: VI-9700114
NAME: Carmen and Billy Mata
ADDRESS: 3807 McAvoy, Evans, CO Mailing address: 2526 W. 49th Street, Greeley, CO 80631
LEGAL DESCRIPTION: Part of Lot 5, NE4/NW4 of Section 30, Township 5N, Range.65W, Weld
County, Colorado
PARCEL NUMBER: 096130205006
CASE SUMMARY:
For information on VI-9700114, June 1997-October 14, 1997 see Case Summary dated October 29,
1997.
October 14, 1997 Board of County Commissioners Violation hearing. Case continued
to January 13, 1998.
October 31, 1997 Letter sent from Cynthia Anderson, President, Risk Removal.
November 7, 1997 E-mail sent from Lee Morrison, Assistant County Attorney, to Dave
Sprague, Lead Building Inspector, regarding Carmen Mata.
November 9, 1997 Telephone conversation with Billy Mata.
December 9, 1997 E-mail sent from Jeff Reif, Building Inspector to Lee Morrison.
December 10, 1997 E-mail sent from Lee Morrison to Jeff Reif.
December 17, 1997 Memorandum to Jeff Reif from Dave Becker, Operations Director for
Weld County Public Works Department.
December 30, 1997 Letter sent to Billy Mata indicating that the violation case was
scheduled before the Board of County Commissioners.
The dangerous building remains on the property, therefore is a violation of Sections 302(4) of the
Uniform Code for the Abatement of Dangerous Buildings. To bring the property into compliance the
house must be demolished.
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.
980057
DEPARTMENT OF BUILDING INSPECTION
I PHONE (970)353-6100, EXT.3525
FAX (970)352-6312
C. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY,COLORADO 80631
COLORADO
December 30, 1997
Billy Mata
2625 W. 49th St.
Greeley, CO 80631
Subject: VI-9700114
Legal Description: Part of Lot 5 NE4/NW4 of Section 30, Township 5N, Range 65W of the 6th
P.M., Weld County (3801 McAvoy Avenue, Evans, CO)
Dear Billy Mata:
The property referenced above remains in violation of the Weld County Building Code Ordinance.
I have scheduled a meeting with the Board of County Commissioners on January 13, 1998,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 Building Inspection 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 have any questions concerning this matter, please call me.
Sin re ,
ave ' .rague
Lead Inspec or
pc: VI-9700114
9800.57
MEMORANDUM
Actzo. , TO: Jeff Reif DATE: December 17, 1997
IYi`,PC Building Inspection
COLORADO FROM: Dave Becker, Operations Director 04 4
Public Works Department
SUBJECT: Removal of burned house at 3807 McAvoy, Evans
As per your request, I have submitted the cost to remove the burned house at 3807 McAvoy in
Evans. The total cost for the Public Works Department to remove the house and other debris
would be approximately $8,000 to $9,000.
If you have any questions, please feel free to call me at Ext. 3750.
cc: Commissioner Harbert
Dale Elliott, Bridge Supervisor
Weld County Planning Dept.
m:\wpfilesldavebeck'burn-hse.db
DEC 181997
bECEIVFD
280057
From: LEE MORRISON
To: NORTHDOMAIN.NORTHPOST.DSPRAGUE, NORTHDOMAIN.NORTHP...
Date: 11/7/97 3:20pm
Subject: mats
Reply requested when convenient
Do you know staus of Billy's mother? I cannot find a Weld county death certificate or a social security indication she
is deceased.We have not given notice to her so we will have to do some backing and filling if she is alive. Please
check w/Billy to see if carmen is alive. If she is we can back up and give her notice or get some documentation to
indicate Billy has authority to act on her behalf.
I have the form done to record but we need to resolve this issue first
CC: dbeckman,BBARKER, NORTHDOMAIN.NORTHPOST.MMIKA,CGI...
PERMITS Id: MISC120 Keyword: UACT User: JREIF 12/09/97
Additional Notations for Inspection item: 00404 Violation
Permit No: VI-9700114 Owner: RATA CARMEN (LIFE EST) 8
Status: ISSUED Address: 3807 MCAVOY AV EVJ
Line Insp. Date Text
1 12/09/97 I ASKED FOR UPDATE FROM BILLY. HE LOCATED A DENVER CONT'R
2 12/09/97 WHO MAY REMOVE THE ASBESTOS. BILLY WILL THEN REMOVE ALL
3 12/09/97 DEBRIS TO CLOSE VIOLATION. HE GAVE HIS MOTHERS ADDRESS AS
4 12/09/97 2625 W 49TH ST.GREELEY 80631 (SAME AS HIS) HE SAID SHE
5 12/09/97 LIVES NEXT DOOR TO HIM.
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.
138007-R")
From: JEFF REIF
To: CENTDOMAIN.CENTPOST.LMORRISON
Date: 12/9/97 1:29pm
Subject: CARMEN MATA ADDRESS
I received Mrs. Carmen Mata's address from her son, Billy Mata.
Carmen Meta, 2625 W.49th Street, Greeley, CO 80631.
By the way, Billy told me he is trying to have the asbestos removed by a licensed contractor from Denver. If
sucessfull, Billy will remove the remaining debris which will satisfy the violation. I'll keep you informed.
CC: MMIKA, DSPRAGUE
From: LEE MORRISON
To: NORTHDOMAIN.NORTHPOST(JREIF)
Date: 12/10/97 9:10am
Subject: CARMEN MATA ADDRESS-Reply
Reply requested when convenient
we can either approach carmen to sign a power of attorney to appoint billie to deal w/all things having to do w/the
property,wait to see if Billie acts,or back up in the process. I recommend one or two if she is capable of
understanding the power of attorney
»>JEFF REIF 12/09/97 01:28pm>>>
I received Mrs. Carmen Mata's address from her son, Billy Mate.
Carmen Meta,2625 W.49th Street,Greeley,CO 80631.
By the way, Billy told me he is trying to have the asbestos removed by a licensed contractor from Denver. If
sucessfull, Billy will remove the remaining debris which will satisfy the violation. I'll keep you informed.
CC: dsprague
28007:71
RISK REMOVAL. 1925 Timberline Road •Office I •Fort Collins.CO 80525
(970)2219121 •Denver:(303)2969471
Fax:(970)493-7446
nrirnmueurnl 1uJeh'.Aolulious
October 31, 1997
Weld County Planning Dept.
Mr. Dave Sprague
Weld County Administrative Offices NOV n 5
Department of Building Inspections 1997
North or oA enue
806
Greeley, Colorado 80631
LI
Dear Mr. Sprague:
Risk Removal, Inc. is pleased to present the following proposal for the removal of asbestos
containing material from 3807 McAvoy in Evans, Colorado.
The scope of work for this project includes the removal of approximately 7,200 square feet of
transite siding material identified in Attachment 1.
Risk Removal, Inc. will purchase and maintain occurrence based general liability/asbestos
special liability insurance in the amount of$1,000,000. A certificate of insurance will be
issued to the Owner prior to the start of work.
All work will be performed in accordance to all local, state and federal guidelines. Specific
work procedures are outlined in Attachment 1.
Risk Removal, Inc. will complete this project for a total cost of $4,875.00.
Mr. Sprague, if you have any questions regarding this project or other proposed projects,please
contact Bob Thompson or me at your convenience.
Sincerely,
RISK REMOVAL
C thia Anderson
President
Attachment
Accepted:
By
Date
9OO'
Attachment 1
PROJECT SCOPE OF WORK: The scope of work for this project includes the removal of
7,200 square feet of asbestos transite siding. The material to be removed is located on the
outside of 3807 McAvoy, an abandoned, fire damaged residence.
WORK PROCEDURES FOR NON-FRIABLE MATERIALS: Non-friable material will be
removed using the following methods. A polyethylene drop cover will be placed along the
perimeter of the house as the siding is being removed. The material will be bagged and
transported to an approved landfill site.
AIR MONITORING: Risk Removal will be responsible for the required OSHA personnels.
DISPOSAL: The non-friable asbestos material removed from this project will be transported
by Risk Removal, Inc. to the Larimer County Landfill. The address for the landfill is 5887
South County Road 19, Ft. Collins, CO 80526
PERMIT: Risk Removal is responsible for the 14 day notice, application and expense for the
permit from the Colorado State Health Department.
PROJECT SCHEDULE: Four(4) working days after the permit is issued.
3600:
MEMORANDUM
TO: Lee Morrison
FROM: Jeff Reif
RE: VI-9700114 Billy Mata/Abatement of Dangerous Building
Lee: Here is a list of the information you asked for related to this case;
1. Complete legal description: 13426C PT L5 NE4NW4 30 5 65 BEG AT
PT 194' N OF PT INTSEC OF E LN L5 & N R/W LN DL & NW RR W 135' S 50'
E 135' N 50' TO BEG (.15A M/L)
2. Owners complete name: MATA, CARMEN (LIFE EST) & MATA,
BILLY
A copy of the property deed, a case summary, and copies of the assessors records
showing the legal description and owners names are attached.
9800 7'
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