HomeMy WebLinkAbout961385.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH
LEGAL ACTION AGAINST JOSE AND BERTA CASTRO 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, Jose and Berta Castro, VI #9600047, are 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 13th day of August, 1996, a public hearing was held before the
Board of County Commissioners for the purpose of hearing testimony relating to said violation,
and
WHEREAS, Jose and Berta Castro 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 Jose and Berta Castro 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.
961385
e_t PG (A C-A6reO PL0824
VIOLATIONS - VI #9600047 - JOSE AND BERTA CASTRO
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of August, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
.orgag i0j MEATWELD COUNTY, COLOt�,ADO
i, - -t /-96,a4,-ik .i. ,12st/Jt��z1..
f'a Barbar J. Kirkmeyer .Chair
ism �� j 1'y'. linty Clerk to the Board
`4LJb' 'may L
',
. soil;e/..Aj Thrt eorge/. Baxter, Pro-Tern
puty Cler to the Board FxCi isFn
Dale . Hall
APP AS TO M `/ ‘% t/% .,,care
Constancee L. Harbert /�� / }
CZ orne�Vi
lC 'l /�'�ti /'
W. H. ebster
961385
PL0824
DATE: August 8, 1996
VIOLATION NUMBER: VI-9600047
NAME: Jose and Berta Castro
ADDRESS: 503 Front Street, Roggen, CO 80652
LEGAL DESCRIPTION: Lot 16, Block 1, Exc E2', Roggen, Weld County, Colorado
PARCEL NUMBER: 130106009004
CASE SUMMARY:
April 9, 1996 Property inspected by Roger Vigil. Property needs to be brought up to
Building Code Standards.
April 10, 1996 Letter received from John Pickle, Weld County Health Department.
April 11, 1996 Letter sent by Roger Vigil indicating in detail what needed to be done to bring
the residence up to Building Code Standards.
April 23, 1996 Property inspected by Roger Vigil. Still not to Building Code Standards.
April 25, 1996 Letter sent by Roger Vigil to property owners indicating that the residence is
hazardous.
April 25, 1996 Letter received from Greeley Gas Company indicating that there may be
unsafe conditions.
April 29, 1996 Property inspected by Roger Vigil. Greeley Gas Company shut and locked
gas meter.
July 12, 1996 Property inspected by Roger Vigil. Property is still in violation.
July 18, 1996 Letter sent to property owners indicating that they were scheduled for a
meeting with the Board of County Commissioners.
The violations have not been brought up to Building Code Standards, therefore is a violation of
Weld County Building Code Ordinance. To bring the property into compliance the plumbing
must be brought up to 1991 Uniform Plumbing Code, the wood stove must be brought up to
1991 Uniform Mechanical Code, the natural gas room heater must be brought up to 1991
Uniform Mechanical Code and the water heater must be installed to code and manufacturers
installation specifications.
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.
961385
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PERMITS Id: MISC120 Keyword: UACT User: RVIGIL 08/13/96
Additional Notations for Inspection item: 00400 Violation
Permit No : VI-9600047 Owner: CASTRO JOSE LUIS
Status : ISSUED Location: 503 FRONT STREET, ROGGEN
Line Insp. Date Text
1 08/12/96 INSPECTION ATTEMPTED TO DETERMINE IF CORRECTIONS HAD BEEN
2 08/12/96 MADE . NO ONE WAS HOME.CORRECTIONS WERE NOT MADE ON THE OUT-
3 08/12/96 SIDE.GAS METER IS STILL LOCKED. TOOK 7 PICTURES.
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.
961.383
reeio
DEPARTMENT OF PLANNING SERVICES
PHONE (303)353-6100,EXT.3540
FAX (303)352-6312
C. WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY,COLORADO 80631
COLORADO
July 18, 1996
Jose and Berta Castro
503 Front Street
Roggen, CO 80652
Subject: VI-9600047 Legal Description: Lot 16, Block 1, Exc E2', Roggen,
Weld County, Colorado
Dear Mr. and Mrs. Castro:
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 August 13,
1996 at 2:00 p.m. to consider the Building Code 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 violation.
The Department of Planning Services' and 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. 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.
Sincer ly,�
R g r VigiI
Combination Building Inspector
pc: VI-9600047
9613E35
•
isKa,(t MEMORANDUM
WIiDcTo: Case File July 12, 1996
COLORADO From: Roger Vigil
Subject: VI-9600047
A follow up inspection was made to determine if the violations had been corrected. No one was
home. The single wall flue has not been replaced. The gas meter is still locked off. The other
violations are on the inside. Violations have not been corrected. Case is still in violation.
SERVICE.TEAMWORK,INTEGRITY.QUALITY
961.355
PERMITS Id: MISC120 Keyword: UACT User: RVIGIL 04/29/96
Additional Notations for Inspection item: 00400 Violation
Permit No: VI-9600047 Owner: CASTRO JOSE LUIS
Status : COMPLNT
Line Insp. Date Text
1 04/29/96 KNOCKED ON FRONT AND BACK DOOR. NO ANSWER.GREELEY GAS
2 04/29/96 COMPANY SHUT AND LOCKED GAS METER.
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961.385
04/25/199G 09:29 353-2908Y,,N, lzi<c- E_ i �:ib t F A"iE 01
post-ir Fax Note 767t /flfyyp Poe IP I GROEA EY
TO Qogeqr ii/i ;/ % �GROM frsrh C/P-a,Aar
11
COMPANY
Co JUIMII�I� f�1:�P •e7 P (�e 7T
Phone M !4/
April 25, 1996
,
i Jose and Berta Castro
i 503 Front Street
i Roggen, CO 80652
Dear Mr. & Mrs. Castro:
Greeley Gas Company has been advised of unsafe conditions in your house, namely:
S I .The gas room heater is being vented with a single wall flue.
2.The gas water heater is not connected to a vent and is a potential source
iof carbon monoxide.
3 .Copper gas piping is not approved material for installation within a
residence, in that it is easily damaged and creates -a potential for
an explosion.
These problems were brought to our attention by Mr. Vigil of the County Building
Inspection Department of Weld County.
Greeley Gas Company does not know if these unsafe conditions truly exist in your
i home, but please be advised that these conditions could cause serious health
1 risks , including death. Greeley Gas recommends you hire a plumber to inspect
i and make any repairs that are needed to your home.
i
Should you have any questions, please do not hesitate to contact Mr. Vigil
I of the County Building Department or a plumber.
1
i
Sincere
i Kevin Larpenter , Service Foreman
Greeley Gas Company
r,,..r.., nimnrir,G Dept.
cc: Roger Vigil Weld
Building Inspection
Weld County -APR -
waiEN 1S�b
„Ci.� ` D
04/25/96 09:29 TX/RX NO.3829 P.001 II
961285
100 H
DEPARTMENT OF BUILDING INSPECTION
1111De.
IPHONE (970)353-6100,EXT.3521
FAX70)352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY,COLORADO 80631
COLORADO
April 25, 1996
Jose and Berta Castro
503 Front Street
Roggen, CO 80652
Subject: Disconnection of Utilities.
Dear Mr. and Mrs. Jose Castro:
The gas system serving the'residence at 503 Front Street, Roggen, Colorado is hazardous to life,
health and property.
The gas system exhibited the following conditions:
1. The gas room heater is being vented with a single wall flue.
2. The gas water heater is not connected to a vent and is a potential source of carbon
monoxide.
3. Copper gas piping is not an approved material for installation within a residence, in
that it is easily damaged and creates a potential for an explosion.
Based upon these hazardous items, in accordance with the Weld County Building Code Ordinance
92.3.5 I am ordering the purveyor of the gas to disconnect their utilities on or about April 29,1996.
No person shall further use this utility until the system is repaired or replaced and approved by this
department.
If you have any questions or comments concerning this notification, please call.
Sincerely,
AC U
Roger Vigil
Building Inspection
Enclosure: Letter dated April 11, 1996
pc: Kevin Larpenter
Greeley Gas Company
PO Box 1200
Greeley, CO 80631
961,385
Service,Teamwork,Integrity,Quality
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PERMITS Id: MISC120 Keyword: UACT User: RVIGIL 04/23/96
Additional Notations for Inspection item: 00400 Violation
Permit No: VI-9600047 Owner: CASTRO JOSE LUIS
Status : COMPLNT
Line Insp. Date Text
ON 4-23-96 ABOUT 11 : 00AM I KNOCKED ON THE FRONT AND THE BACK
DOOR. THERE WAS NO ANSWER. NONE OF THE CORRECTIONS TO THE
WOOD STOVE CHIMNEY OR THE FLUE TO THE SPACE HEATER HAVE BEEN
CORRECTED AS OBSERVED FROM THE OUSIDE. THERE IS ALSO NO
NEW VENT THAT WOULD BE REQUIRED TO CORRECT THE VENTING OF
THE WATER HEATER.
Enter Option: A A=Add, C=Change, D=Delete, I=Inspect
Up/Down/Enter=update line and move light bar, F7=Update line Exit, ESC=exit
961.385
re
0 DEPARTMENT OF BUILDING INSPECTION
PHONE (970) 353-6'100, EXT.3521
FAX (970) 352-6312
STRATIVE OFFICES
wilp C. WELD COUNTY REDELtEYI 0 N.17TH
COLORADO
COLORADO
April 11, 1996 ,
,
Jose and Berta Castro
503 Front Street
Roggen, CO 80652
Subject: BCV-9600047
Dear Mr. and Mrs. Castro:
On April 9, 1996, a joint inspection was made by the Weld County Health Department and the Weld
County Building Inspection Department. This letter will detail the violation of the Weld County Building
Code.
1. The plumbing needs to be sized and installed according to the 1991 Uniform Plumbing Code,
'including vents and traps.
2. The wood stove needs to be installed according to the 1991 Uniform Mechanical Code and
manufacturer's installation specifications. The single wall flue shall be replaced with an approved
factory built chimney.
3. The natural gas room heater shall be installed according to the 1991 Uniform Mechanical Code and
manufacturers installation specifications. The single wall flue shall be replaced with an approved Type
B vent.
4. The water heater shall be installed to code and manufacturers installation specifications. The water
heater shall be connected to an approved Type B vent. The copper tubing being used as gas supply
piping shall be replaced with an approved material.
Building permits are required to correct the violations. The building permits should be applied for by April
16, 1996.
Sin ly,
oger Vigil
Combination Inspector -
castro.sef
Service,Teamwork, Integrity,Quality 961,383
t.
Q ,
DEPARTMENT OF HEALTH
1517 16 AVENUE COURT
1111D
GREELEY, COLORADO 80631
e ADMINISTRATION (970) 353-0586
HEALTH PROTECTION (970)353-0635
COMMUNITY HEALTH (970) 353-0639
COLORADO A DO FAX (970)356-4966
Weld County Planning Dept.
April 10 , 1996
APR 10 1996
HAND DELIVERED
Jose & Berta Castro RECEIVED
504 Front Street
Roggen, Colorado 80652
RE: Cease and Desist Order, dated April 3 , 1996
Dear Mr. & Ms . Castro:
As you are aware, on April 3 , 1996, you were issued an order by the
Weld County Health Officer. This order requires that you "Cease
and Desist from the use of the structure for any form of human
habitation at 503 Front Street, Roggen, Colorado, unless and until
the residence is connected to and being serviced by a properly
functioning Individual Sewage Disposal System in compliance with
the Weld County Individual Sewage Disposal System Regulations, Weld
County Ordinances '9 F" .
On April 8, 1996, Jorge Castro contacted our Department and stated
that the septic system is functioning properly. In response to
this, Trevor Jiricek of our Department met with Jorge on April 9,
1996 , and observed the system (Roger Vigil of the Weld County
Building Inspection Department was also present) . Mr. Jiricek
observed that the system was not failing or surfacing onto the
ground. However, Mr. Jiricek did observe that some repair work may
have been completed on the system.
Therefore, because the septic system is not currently failing, the
County will not enforce the Cease and Desist Order at this time .
However, this is contingent upon you permitting the system at our
961.3E35
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Berta & Jose Castro
April 10 , 1996
Page 2
Department . This will require you to demonstrate in writing the
size and location of any septic tank and/or leachfield currently
serving the above mentioned home .
The system must be permitted within the next five (5) business
days . Failure to permit the existing system will result in
enforcement of the Cease and Desist Order. If you have any
questions, please contact Trevor Jiricek at (970) 353-0635,
extension 2232 .
Sincerely,
hn S. Pickle, M. S. E.H.
Health Officer
Weld County Health Department
tj\340
cc : Lee Morrison, W.C. Attorneys Office
Roger Vigil , W. C. Building Inspection
961385
,
PERMITS Id: MISC120 Keyword: UACT User: RVIGIL 04/10/96
Additional Notations for Inspection item: 00400 Violation
Permit No: VI-9600047 Owner: CASTRO JOSE LUIS
Status : COMPLNT
Line Insp. Date Text
1 04/09/96 PLUMBING NEEDS TO BE INSTALLRD TO CODE.WOOD STOVE NEEDS TO
2 04/09/96 BE INSTALLED TO CODE. WATER HEATER NEEDS TO BE INSTALLED TO
3 04/09/96 CODE. ROOM HEATER NEEDS TO BE INSTALLED TO CODE. A LETTER
4 04/09/96 IN DETAIL WILL BE MAILED WITHIN 3 DAYS . BUILDING PERMITS ARE
5 04/09/96 REQUIRED.
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961.385
Permit No VI-9600047 DATA SHEET Page: 1
04/90/96 11:49
Data: Full Description
Description: NUMEROUS VIOLATIONS OF THE UMC, UPC INCLUDING THE
INSTALLATION OF WOOD STOVE, UNIT HEATER, WATER
HEATER WITHOUT PERMITS AND IN A HAZARDOUS MANNER
Data: Process Tables
Screen No: 01
Base Information
Parcel No: 1301 06 009004
Owner: CASTRO JOSE LUIS
Status: COMPLNT Written By: EDS Sec/Twn/Rng: 06 02 62
Description: NUMEROUS VIOLATIONS OF THE UMC, UPC INCL
Location:
Zoning Dist:
App Type: BCV (BCV=BLDNG VIO, VI=ZONING VIO, WCV=WELD VIO "bcv + vi^)
Class Code: VI-23
Hazardous
Complaint: 04/09/1996 Init: RFV NO VI: 00/00/0000 Init:
5 Day Letter: 00/00/0000 Init:
Issued: 04/10/1996 Init: RFV
Inspection: 04/10/1996 !nit: RVF
BCC Vio: 00/00/0000 Init:
Court: 00/00/0000 Init:
Closed BCV: 00/00/0000 Init: Closed VI: 00/00/0000 Init:
Screen No: 02
Zoning Information
Parcel No :1301 06 009004
Legal Descr:5603 S50' L16 BLK1 EXC E2' ROGGEN
Owner Name :CASTRO JOSE LUIS Date:00/00/0000 Verified:
Setbacks N: S: E: W: Req by Zoning Sec Twn Rng:06 02 62
Notes:
Zoning Dist: Acres .00
** 1=Yes, 2=No, 3=Appr/Cond Met, 4=Appr/Cond Not Met ••
Legal Lot 9 Site Plan Review SPR
Prior to Zoning Yr y Board of Adjustment BOA
C 80 Acres { Non-Conforming Use NCU
Rec Exemption RE 9 Flood Hazard Dev FHDP
Sub Exemption SE 1 Geological Hazard GHP
Use Spec Review USR 9 Accessory Dwelling ZPAD
Planned Unit Dev PUD
Subdivision S
Change of Zone COZ 1 Violation VI
Data: People
OWNER CASTRO JOSE LUIS 04/10/96
P O BOX 124
961.385
Permit No VI-9600047 DATA SHEET Page: 2
04/10/96 11:49
Data: People Continued...
ROGGEN CO
80652
Data: Conditions
Data: Comments
Data: Inspections
Item: 00404 TELEPHONE CALL Dept: Division:
Item: 00405 LETTER Dept: Division:
Item: 00400 SITE INSPECTION 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
130106009004 / /
961385
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