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RESOLUTION
RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO THE WELD COUNTY
TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT -
KIMBERLY COWERN
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, Weld County, on behalf of the Weld County Department of Planning
Services, filed a complaint in the Weld County Court against Defendant Kimberly Cowern,
claiming that Defendant's property was in violation of the Weld County Code, and
WHEREAS, the County Court found the Defendant's property to be in violation of the
Weld County Code; specifically, Defendant failed to final her inspection permit for a period of
over two years, and
WHEREAS, Defendant failed to bring the property into compliance with the Weld County
Code, and upon Weld County's motion, the County Court ordered Defendants to pay $10.00 for
each day that the property remained in violation of the Weld County Code, beginning on
February 24, 2014, and ending upon Weld County's request on April 16, 2014, and
WHEREAS, daily penalty assessed by the Court order between February 24, 2014, and
April 16, 2014 (52 days), is $520.00, and
WHEREAS, Section 30-28-124.5(1) C.R.S. and Weld County Code Section 23-10-40.A
allow these costs to be assessed against the property and collected as a special assessment by
the Treasurer.
WHEREAS, after review, the Board deems it advisable to not assess said penalty upon
confirmation of compliance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, hereby denies the Certification of $520.00 to the Weld County
Treasurer to be collected as a special assessment because the property has been brought into
compliance.
CC;-11-(e6 CA C66,ae_>- '4)
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VIOLATION PENALTIES AS SPECIAL ASSESSMENT- KIMBERLY COWERN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of May, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WE • COUNTY, COLORADO
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ATTEST: (�
�j G. D �glaassRRadem cher, Chair
Weld County Clerk to the Bow tie
// Barbara Kir e er, ro-Tem
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Sean P. Conway
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Mi . Freeman
o ty Attorney
liam F. Garcia
Date of signature: (" Q7I
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Steve Moreno Clerk and Recorder.. Weld County, CO
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2014-1544
PL0824
1861 - 2011 WELD COUNTY ATTORNEY'S OFFICE
P.O. BOX 758
GE: EELEY, CO 80632
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
W E O N T Y FAX: (970) 352-0242
U
NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER;
Kimberly Cowem May 2, 2014
19896 County Road 74
Eaton, CO 80615
Ms. Cowern:
This letter is to provide you with notice of Weld County's intent to certify certain liens on your
property to the Weld County Treasurer. As you know, the County Court found your property to
be in violation of the Weld County Code.
The Court granted the County's Motion for Daily Penalties, finding that your property was still
in violation of the Weld County Code, and ordered you to pay a daily penalty of$10.00,
beginning on February 24, 2014, and continuing until the zoning violation is removed from the
property. Weld County filed a motion to terminate the daily penalties as of April 16, 2014, which
was granted (order attached).
At public hearing on May 21,2014, at 9:00 a.m., the Weld County Board of County
Commissioners will determine whether to certify the daily penalties for the period between
February 24, 2014 and April 16, 2014. This period totals 52 days and $520.00.
The total request at the hearing will be $520.00. Such lien would have priority over all other
security interests, except for taxes. In addition to the $520.00,the Weld County Treasurer's fee
may increase the lien by 10%, as permitted by law. You may avoid this hearing and the
Treasurer's fee by paying the full amount to Weld County prior to the hearing. Please feel free
to contact me with any questions. Please note that the daily penalty will continue to accrue until
the property is brought into compliance with the Weld County Code.
Respectfully,
Bob Choate
Assistant Weld County Attorney
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Steve Moreno. Clerk and Recorder, Weld County, CO
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COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street,P.O. Box 2038,
Greeley,Colorado 80632
Phone Number: (970) 475-2400
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff;
v.
KIMBERLY COWERN., A FOR COURT USE ONLY A
Defendants.
Magistrate Randall Lococo Case Number: 13-('-792
Division: C
ORDER
The Court, having been apprised of the facts and law related to Plaintiffs Motion to Terminate
Daily Penalties, hereby GRANTS Plaintiffs motion, as follows:
I. The daily penalty previously ordered by the Court is terminated.
2. The total accrued penalty is$520.00,calculated by multiplying$10 by 52 days. The
Plaintiff may collect this amount as permitted by law.
3. Case is dismissed with prejudice.
SO ORDERED
Magistrate Lococo Date
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Steve Moreno Clerk and Recorder. Weld County. CO
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COUNTY COURT,WELD COUNTY,COLORADO
-
Court Address:
915 10th Street,Greeley, CO,80632
DA a FILED:April 27,2014 9:46 PM
Plaintiffs) BOARD OF COUNTY COMMISSIONERS WELD CASE NUMBER:2n 13O792
Defendant(s) KIMBERLY A COWERN
A COURT USE ONLY A
Case Number: 2013C 792
Division: C Courtroom:
Proposed Order to Terminate Daily Penalties
The motion/proposed order attached hereto:GRANTED
Issue Date. 4/27/2014
RANDALL CRAIG LOCOCO
Magistrate
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Steve Moreno, Clerk and Recorder. Weld County. CO
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