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HomeMy WebLinkAbout990836.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST DWAYNE AND CAROL BOWEN FOR VIOLATION OF THE WELD COUNTY BUILDING ORDINANCE -VI #9600036 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, Dwayne and Carol Bowen, VI #9600036, are allegedly in violation of the Weld County Building Ordinance, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 13th day of April, 1999, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Dwayne and Carol Bowen, property owners, were 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 October 13, 1999, to allow adequate time for the property owners 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 Dwayne and Carol Bowen to remedy the violation of the Weld County Building 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 October 13, 1999, to allow adequate time for the property owners to bring the subject property into compliance. 990836 PL0824 VIOLATIONS - VI ft9600036 - DWAYNE AND CAROL BOWEN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of April, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LD COUNTY, OLORADO ATTEST: %LW ►`IIf ,.:, •ale K. Hall, Chair Weld County Clerk. to th:� Q.4O-• ,, EXCUSED V`k• �' :Barbara . Kirkmeyer, Pr -Tem Deputy Clerk to the Boat►��� Georg xter AP ED TO FORM: 1111,-1 M. J. e e my ttor L e-tzU ‘61!,t(-1 Glenn Vaad ` - 990836 PL0824 DATE: April 13, 1999 VIOLATION NUMBER: VI-9600036 NAME: E. Dwayne and Carol A. Bowen ADDRESS: 16267 Weld County Road 12, Ft. Lupton, CO 80621 LEGAL DESCRIPTION: Part of the SW4 of Section 2, Ti N, R66W of the 6th P.M., Weld County, Colorado. PARCEL NUMBER: 1471 02 300067 CASE SUMMARY April 22, 1996 Permit Number PR-9630106, was issued for a manufactured home. Periodic inspections occurred through October 21, 1997. December 26, 1996 Permit Number BC-9601049, was issued for a deck. Periodic inspections occurred through February 23, 1999. April 8, 1998 Permit Number BC-9701016, was issued for a garage. Periodic inspections occurred through February 23, 1999. December 22, 1998 Contact letter sent to Mr. and Mrs. Bowen from Dave Sprague, Building Official. The letter addresses the three outstanding permits on the property that require final inspections. February 18, 1999 Contact letter sent to Mr. and Mrs. Bowen from Dave Sprague, Building Official. The letter addresses Building Permit BC-9701062, for a move in house. No requests for inspections have occurred since July I, 1998. February 18, 1999 Letter from Dave Sprague stating that inspections need to be scheduled and final approvals signed off for BC-9601049, wooden deck; and BC-9701016, garage. February 18, 1999 Thirty day notice sent. February 22, 1999 Telephone call between Dave Sprague and Mr. Bowen. Mr. Bowen stated that he doesn't have the money at this time to finish work on the outstanding permits. March 29, 1999 Letter from Dave Sprague scheduling Mr. and Mrs. Bowen to appear at the violation hearings before the Board of County Commissioners on April 13, 1999, a: 10:00 a.m. 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 Attorneys Office. 990836 (eit tit;r:I.NN DEPARTMENT OF PLANNING SERVICES Well County Administrative Offices 1400 N. 17th Avenue, Greeley, CO C 80631 Phone(970) 353-6100 Fax (970) 352-6312 k COLORADO March 29, 1999 E. Dwayne and Carol A. Bowen 16267 Weld County Road 12 • Ft. Lupton, CO 80621 Subject: VI-9900036, Part of the SW4 of Section 2, Ti N, R66W of the 6th P.M., Weld County, Colorado. Dear Mr. and Mrs. Bowen: 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 April 13, 1999, 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 10th 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. Sin /ejy, Gave Spra;ue t Building O icial pc: VI-9900036 CITIZEN INQUIRY FORM WELD COUNTY DEPARTMENT OF PLANNING SERVICES/BUILDING INSPECTION 1400 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100 Ext. 3540 Fax: (970) 352-6312 GaiELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: al NAME: ,Z2./:(//444.. � 't.,/&:-1/ PHONE: )(v99$ ADDRESS: lloo2ly 7 C/C-t 7,;1 `'U ?T4;-21 TYPE OF INQUIRY: 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 - VIOLATION PUD SKETCH PLAN USR MINING - OTHER _ PUD DISTRICT USR MAJOR FACILITY _ PUD FINAL PLAT U R DISPOSAL SITE STAFF PERSON: ITEMS DISCUSSED: �I ,A, /)- /-i2 71-- (J__ A72 /q a O� T_ ' 7- f?C>" J7i lJiv�-j j dpa.z .�T _ /Zzlo L _ S , c—2 wer) / T /• 7`-h ,vo&-V- �rrI)'/2`." Fki 6=: /..5.1 I- . `91' ^17L?Zt 4Z6.J l.el Jam' 7L /-6 Time Spent: jeG�l/X-/ Staff Member's Initials, P?� citizen.shl (it it;ess".\\:, DEPARTMENT OF BUILDING INSPECTION I i PHONE (970)353-6100,EXT.3525 FAX (970) WI WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE COLORADO GREELEY,COLORADO 80631 WELD COUNTY BUILDING CODE VIOLATION NOTICE February 18, 1999 Violation Number : VI-9900036 E. Dwayne and Carol A. Bowen 16267 WCR 12 Fort Lupton, CO 80621 Subject: Final approval on PR-9630106 • Legal Description : PT SW4 of Section 02, Township 01N, Range 66W, Lot B RE-2131 (.49R) The Building Official has determined that the above described property is in violation of Sections 20.10.9, 40.5.2, 50.5.3, and 71.4.2, of the Weld County Building Code Ordinance. Approval of steps and landings, final mechanical approval, final electrical approval, and certificate of final inspection are required. A certificate of final approval is required within 180 days after a manufactured home permit is issued. That time period expired October 19, 1996. 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 March 18, 1999, it will be scheduled for a hearing before the Board of County Commissioners to consider whether to refer this 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 am. attsistance in clarifying or answerine questions cnacnrnimn Mir matter_ Please call or write the Department of Building Inspection's office. Sin eely. Day gue Building Official DEPARTMENT OF PLANNING SERVICES r PHONE (970) 353-6100, 352-6312 FAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES Ito D 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 �i COLORADO February 18, 1999 E. Dwayne and Carol A. Bowen 16267 WCR 12 Ft. Lupton, CO 80621 Legal: PT SW4 of Section 02, Township 01N, Range 66W, LOT B RE-2131 (.49R) Dear Bowens, I am writing this letter regarding two permits: BC-9601049, wooden deck; and BC-9701016, garage with electrical. Section 83 of the Weld County Building Ordinance states: "Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit does not commence within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one (1) year." The last inspection on BC-9601049 was made December 15, 1997. The last inspection on BC-9701016 was made April 14, 1998. Because no substantial work or inspections have been made in the last six months, unless an inspection request can be made by February 28, 1999, both permits will be considered expired. New permits will need to be issued before work can begin again Please me with any questions_ Sinc• y, Dave Building Officia Service,Teamwork, Integrity, Quality DEPARTMENT OF PLANNING SERVICES PHONE (970) 3AX (97, 352.6312 IFAX (970) 352-6312 WELD COUNTY ADMINISTRATIVE OFFICES Irs cr(ei;%%•\r 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 18, 1999 E. Dwayne and Carol A. Bowen 16267 WCR 12 Ft. Lupton, CO 80621 Legal: PT SW4 of Section 02, Township OIN, Range 66W, LOT A RE-2131 (.36R) Dear Bowens, I am writing this letter.regarding BC-9701062, a permit for a move-in house. We have not received a request for an inspection since July 1, 1998. Please call and advise us of the status of this project. Sin Dave pragb- Buildi • i. Service,Teamwork, Integrity, Quality ato DEPARTMENT OF PLANNING SERVICES ' PHONE (970) 353-6100, EXT.3540 ` FAX (970) 352-6312 ' OFFICES • WELD COUNTGRADMINISTRATIVEE 0ELEY, .LDO 80631 1400 N. 17TH AVENUE COLORADO December 22, 1998 - Dwayne and Carol Bowen 16267 WCR 12 Ft. Lupton, CO 80621 Dear Bowens, I am writing this letter as a follow up on the meeting we had back on June 22, 1998. There are three outstanding permits that have not been completed: Pr-9630106, manufactured home, BC-9601049, deck; and BC-9701016, garage with electrical. When we talked last summer, I mentioned that we would need to have PR-9630106 completed with.n six months and also have inspections on the other permits Please make arrangements to lave the necessary inspections and approvals by January 22, 1999 It for some reason that doesn't happen, we will be forced to write a violation at that time. I will be happy to answer any questions you may have. Sinc n Dave ragu d Building ial Service,Teamwork, Integrity,Quality Account N Owner Name/P Mine? I Twn? I BIk/Lot Condo?I Mobile?I Sales? R7508298 �'���L£a�„ i r BOWEN E DWAYNE&LAROL A c.42,.. 4 c Legal Description ;r` Year District 16267 WELD CO RD 12 9 FORT LUPTON CO 80621 IPT SW4 2 1 66 LOT B RE-2131 (.49R) 1999 0820 Apr Dist St A il Parcel Number MH Space Sequence 147102300067 tf:"..k‘WE a 'feet r„s....14 4.14:0A: ug [ 0 chit 1 r 4. 1{ . „,i'L tN_ Y1p I., otpat4SSff 2 Acct Type Lagt s ` `k+',tit„..,,,,„; • ! '�ixc' >1,y, L' (�1 if iA4 i-w ' L �I: }ii gI3 a,'2" -:.: •.:'25-F C:,-," a g�,'�t BACode Owner Id Owner Location Map No ' "" ate .v... -mac .— Tt1:1r',%V�y1,1,1 a ^ I(I. 5 'V' y`s -'si 'r`Y`'` 1w a' ,, 2480 ' a `l i p '' ' '� gyp'''# '' _ Business Name121 I.4:. ' 'i - n yyI. ; t .C' . 9.S 1. (� �r '... Name Tax Items I`.- ar � ❑ ❑ Protest(T) "1.,�r „ i, S• itus Pre/Suc �� � � '�' ❑ Mobile Aut ❑ Personal(P 1 Mobile N Remarks ❑ Value ❑ Oil and Gas 7 Tract ❑ Tax Sale Current Year Prior Version Go To Imaging ' Condo pi Spec As E, Railroads Prior Year Ne(x)t Version Abatement IT B• lock ❑ Mines Li Control Next Year Clerk's Doc's Property Card S• ales ❑ Sibling ❑ History -- -- IX Misc(M) L] Flags Update Clear Exit Permit No VI-9900036 DATA SHEET Page: 1 02/18/99 11:35 Data: Full Description Description: PR-9630106 HAS NOT BEEN COMPLETED WITHIN THE 180 DAYS ALLOWED. Data: Process Tables Screen No: 01 Base Information Parcel No: 1471 02 300067 Owner: BOWEN E DWAYNE & CAROL A Status: ISSUED Written By: DMS Sec/Twn/Rng: 02 01 66 Description: PR-9630106 HAS NOT BEEN COMPLETED WITHIN Location: 16267 WCR 12, FT. LLPTON, CO 80621 Zoning Dist: Permit Num: App Type: BCV (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO *boy + vi") Class Code: VI-26 mobile home inspections Complaint: 02/18/1999 'nit: DNS NO VI: 00/00/0000 'nit: 5 Day Letter: 00/00/0000 Init: Issued: 02/18/1999 Init: DMS Inspection: 00/00/0000 Init: BCC Vio: 00/00/0000 Init: Court: 00/00/0000 Init: Closed BCV: 00/00/0000 [nit: Closed VI: 00/00/0000 Init: Screen No: 02 Zoning Information Parcel No :1471 02 300067 Legal Descr:PT SW4 2 1 66 LOT B RE-2131 (.49R) Owner Name :BOWEN E DWAYNE & CAROL A Date:00/00/0000 Verified: Setbacks N: 5: E: W: Red by Zoning Sec Twn Rng:02 01 66 Notes: Zoning Dist: Acres .00 ** 1=Yes, 2=No, 3=Appr/Land 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 5 ¶ 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 No VI-9900036 DATA SHEET Page: 2 02/18/99 11:35 • Data: Process Tables Continued... Permit Num: Ordinance Section: For Case Summary - To bring property into compliance... Data: People OWNER BOWEN E DWAYNE 8 CAROL A 02/18/99 16267 WELD CO RD 12 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 Data: Parcels 147102300067 / / PERMITS Id: ASSR100M Keyword: SPARC User: DSPRAGUE 02/18/99 Parcel General Information Maintenance General Parcel Data Maint - Action: Update Record Parcel No: 1471 02 300067 Rg Ts Sec : 660102 Status: A Active Retired(Y/N): N Street Address: Dir: St: City: Situs Location: Legal Desc: PT SW4 2 1 66 LOI B RE-2131 (.49R) Acres: 24.05 X-COORD: Y-COORD: Tax Rate Area: 0820 Assr Use Code: 7508298 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: BOWEN E DWAYNE & CAROL A Phone: Mailing Addr: 16267 WELD CO RD 12 FORT LUPTON CO Zip: 80621 Contract Owner: Percent/Ownership: .00 F7¢Write Record, F2¢Allow Fractions, ESCSCancel PERMITS Id: ASSR100D Keyword: SPARC User: DSPRAGUE 02/18/99 Parcel Legal Description Maintenance Parcel Legal Description - Action: Update Page: 1 PT SW4 2 1 66 LOT B RE-2131 (.49R) Parcel: 1471 02 300067 Use: 7508298 Owner: BOWEN E DWAYNE & CAROL A Situs: Acres: 24.05 Legal: PT SW4 2 1 66 LOT B RE-2'31 (.49R) F7tUpdate, _F2/PgDn¢Next Page, _F3/PgUp¢Prev Page, _ESC¢Cancel PERMITS Id: ASSR100N Keyword: SPARC User: DSPRAGUE 02/18/99 Parcel Owners Maintenance Primary Owner: BOWEN E DWAYNE & CAROL A Name Cont Owner Type Percent Date Hello