HomeMy WebLinkAbout20131062.tiffRESOLUTION
RE: APPROVE CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ABELARDO AND NANCY
VEGA
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 Defendants Abelardo and Nancy
Vega, claiming that Defendants' property (Parcel 096110200016 R0155291) was in violation of
the Weld County Code, and
WHEREAS, the County Court found the Defendants' property to be in violation of the
Weld County Code; specifically, Defendants converted a barn into a duplex without the
appropriate building and zoning permits, and Defendants built structures inside the setbacks of
the property line, and
WHEREAS, Defendants 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
$100.00 for each day that the property remained in violation of the Weld County Code,
beginning on December 11, 2012, and
WHEREAS, the property has not been brought into compliance with the Weld County
Code, and
WHEREAS, daily penalty assessed by the Court order between December 11, 2012,
and May 1, 2013, is $14,200.00, and
WHEREAS, Section 30-28-124.5(1), C.R.S. and Section 23-10-40.A Weld County Code,
allow these costs to be assessed against the property and collected as a special assessment by
the Treasurer.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Certification of $14,200.00 to the Weld County Treasurer to be
collected as a special assessment by, and hereby is, approved.
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Steve Moreno, Clerk and Recorder, Weld County, CO
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2013-1062
PL2158
CERTIFICATION OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - VEGA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 1st day of May, A.D., 2013.
BOARD OF C NTY COMMISSIONERS
WELD CO TY ORADO
ATTEST:
William F. Garcia, Chair
Weld County Clerk to the B
ougl s Rademac er, Pro-Tem
BY:
Deputy Clerk to the Boa
Sean P. Conway
APP
Mike Freeman
C- inty Attorney EXCUSED
Barbara Kirkmeyer
Date of signature: 'S%4
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Steve Moreno, Clerk and Recorder, Weld County, CO
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2013-1062
PL2158
WELD COUNTY ATTORNEYS OFFICE
1150 O STREET
P.O. BOX 758
GREELEY, CO 80632-0758
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER;
Abelardo Vega
Nancy Vega
1711 E. 16th Street,
Greeley, CO 80631
Mr. and Mrs. Vega:
April 3, 2013
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 — specifically, the conversion of a barn into
a duplex without first obtaining the required zoning and building permits, and building inside the
setbacks.
On December 10, 2012, 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 $100.00, beginning on December 11, 2012, and continuing until the zoning
violation is removed from the property. (Court Order attached). Upon information and belief,
the zoning violation still exists on your property.
At public hearing on Mav 1, 2013, at 9:00 a.m„ the Weld County Board of County
Commissioners will determine whether to certify these daily penalties to the Weld County
Treasurer in accordance with Weld County Code §23-10-40.A. The Board will consider whether
to certify the daily penalties for the period between December 11, 2012 and May 1, 2013, for a
total of 142 days. Please note that the daily penalty will continue to accrue until the property is
brought into compliance with the Weld County Code.
The total request at the hearing will be $14,200.00. Such lien would have priority over
all other security interests, except for taxes. In addition to the $14,200.00, 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.
Respectfully,
Bob Choate
Assistant Weld County Attorney
Cc: Lorenna McCasland, 1627 E. 16th Street, Greeley, CO 80632
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Steve Moreno, Clerk and Recorder, Weld County, CO
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2013-1062
Weld Combined Courts
915 10th Street
P.O. Box 2038
Greeley, CO 80632
(970) 351-7300
4 COURT USE ONLY
Plaintiff / Petitioner: BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF WELD, STATE
OF COLORADO
and
Defendant / Respondent: VEGA
Case Number: 12 C 653
Division C
Magistrate Randall C. Lococo
ORDER FOLLOWING HEARING FOR DAILY
PENALTIES
The matter came on for a hearing on 12/3/12 following the County's motion and an order
for a hearing issued on 11/15/12. Mr. Brad Yatabe appeared on behalf of Weld County. Mr.
Abelardo Vega and Ms. Nancy Vega did not appear. The Court is appraised in the premises and
makes the following findings and orders.
1. The complaint was filed on 10/2/2012, alleged that the defendant is the property
owner of the subject property located at 1711 E. 16th Street, Greeley, Weld County, Colorado,
and alleged that the property was in violation of Weld County's zoning and/or building codes in
the following ways: The defendant converted a barn or barns into a duplex or other living
dwelling without first obtaining zoning approval and building permits. Also, that the defendant
could obtain permission by seeking a Use by Special Review (USR) or Subdivision Exemption
(SE) process. Prior notice was given pursuant to the Weld County Code (WCC) prior to
initiating this action. The defendant failed to appear at the first appearance. The Court found the
defendant to be in default and imposed an initial penalty of $200.00. The County filed a motion
requesting daily penalties. The Court held the above -mentioned hearing.
ISSUES
2. The issue is whether unlawful activity or condition exists, and continues, on the
subject property. If so, also whether to impose a daily penalty and in what amount.
FINDINGS OF FACT
3. Bethany Salzman testified as a zoning compliance officer for the County. She
testified that at least one complaint for a multi -dwelling property existed without a permit. Ms.
Salzrnans' investigation indicated that a barn or barns in back of the main residence had been
converted or constructed to be a dwelling unit or units. She described several photos she took on
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Steve Moreno, Clerk and Recorder, Weld County, CO
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11/29/12 which were received into evidence as Exhibit 1 A - D. The photos show more than one
dwelling on the property, several accesses (ingress and egress) to the second dwelling structure,
and construction additions to the "barn" or second structure. Also, on the day the photos were
taken Ms. Salzman described a person bring groceries into the "barn" or second structure
indicating the persons were residing in the structure or using it as a dwelling. Ms. Salzman
further testified that she has met with the defendants and informed them of the alleged violations
and informed them that they need to correct the violations. Finally, she testified, that no
corrections have been made nor has a permit or approval been sought.
4. Pam Coonrod testified that she is a building compliance officer with Weld
Coutny. She testified that the second structure, or the "barn", has not been permitted as a living
or dwelling structure.
5. The defendants Abelardo and Nancy Vega did not appear and did not testify.
6. Based on the testimony, the Court finds as follows. The Court is satisfied by a
preponderence of the evidence, and relying Ms. Salzman's testmony and Ms. Coonrod's
testimony, and Exhibit 1, that an unauthorized use and unauthorized structure / dwelling unit
exists on this property. This property is in an Agricultural Zone District. All of the activity
related to the "barn" or second structure requires approval through a USR or SE process.
Approval was never sought or approved.
PRINCIPLES OF LAW
7. One Single Family Dwelling Unit and Auxiliary Quarters is allowed on a legal lot
as a use by right in an Agricultural Zone District. WCC §23-3-20A.
8. Additional home occupations may be approved subject to the building and zoning
codes. WCC §23-3-30D.
9. An additional dwelling unit (additional to the one allowed by use -by -right) is
allowed in an Agricultural Zone District, but only upon approval of a Use by Special Review
permit. WCC §23-3-40M.
10. No building or structure regulated by the WCC may be erected unless a permit
has first been obtained from the Building Inspection Department. WCC § 29-3-10.
11. "Each day after the issuance of the order of the County Court during which such
unlawful activity continues shall be deemed a separate violation and shall ... be subject of a
continuing penalty in an amount not to exceed one hundred ($100.00) for each such day." §30-
28-210(2)(d) C.R.S. and Weld County Code §23-10-140(A).
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Steve Moreno, Clerk and Recorder, Weld County, CO
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ANALYSIS
12. The code prohibits unauthorized uses or structures. Based on Ms. Salzman's and
Ms. Coonrod's testimony, and Exhibit 1, a second dwelling or living structure exists on the
property. The defendants have clearly constructed and/or converted a structure secondary to the
allowed first dwelling. No approval has been granted for the conversion or second structure. No
permits have been issued for the conversion or second structure.
13. The Court is satisfied by a preponderance that a violation exists and the defendant
has created this circumstance or allowed it to exist. The property and the defendants are in
violation of the Weld County Code.
14. The violation continues. Based on Exhibit 1 (photos taken 11/29/12) it continues.
15. The violation has continued since at least the filing of the complaint. The
defendants have been informed of the violations and been invited to seek approval. They have
not. They have, essentially, ignored the County's authority to regulate the property.
16. If a violation exists and the Court finds it to be continuing, the Court "shall"
impose daily penalties.
17. Taking into consideration the length of the violation, the nature of the violation,
the conduct of the defendant and Weld County code enforcement officers an appropriate daily
penalty is $100.00 for each day.
CONCLUSIONS OF LAW AND ORDER
18. The property and the defendant are in violation of the Weld County Code. That
violation is continuing. Pursuant to Colorado statute and Weld County Code each violation
"shall" be the subject of a continuing, daily, penalty.
19. An appropriate daily penalty is $100.00 per day.
20. Therefore, the defendants are liable for a daily penalty of $100.00 for each day
commencing on the day after the date of this order.
21. The penalty may be collected according to law. The plaintiff does not request a
money judgment and the Court does not enter one.
22. If in the future the parties do not agree on the cessation of the daily penalty, after
the defendant claims to the County in writing that the property and defendant are no longer in
violation, and after the parties have attempted to resolve the date of cessation in good faith, either
party may apply to the Court for a hearing on determining when the daily penalty should cease.
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Steve Moreno, Clerk and Recorder, Weld County, CO
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DONE BY THE COURT: 10 December 2012
Magistrate
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Steve Moreno, Clerk and Recorder, Weld County, CO
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