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Home My WebLink About20132454.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 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, the Board of County Commissioners previously approved the certification of $14,200.00 to the Weld County Treasurer for the daily penalties accruing between December 11, 2012, and May 1, 2013 (Resolution #2013-1062), and WHEREAS, effective August 12, 2013, Defendants have entered into a stipulation requiring them to take certain steps to come into compliance with the Weld County Code, with the understanding that the daily penalties will be suspended while the stipulation is pending, and WHEREAS, daily penalty assessed by the Court order between May 2, 2013, and August 12, 2013 (103 days), is $10,300.00, and WHEREAS, Section 30-28-124.5(1), C.R.S., and Weld County Code Section 23-10-4.A 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, hereby approves the Certification of $10,300.00 to the Weld County Treasurer to be collected as a special assessment. 3962788 Pages: 1 of 9 09/11/2013 10:47 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111 KAIDLITIOWIVII Kr'G1111 cc: C4 T� f L (*Malty) 2013-2454 PL2158 ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT-ABELARDO AND NANCY VEGA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of August, A.D., 2013. BOARD OF COUNTY COMMISSIONERS, WELD COUP-GQLORADO ATTEST: Weld County Clerk to the Board BY: APP ttorney e Board a RM: �r Date of signatureSEP 0 5 2013 F. Garcia, Chair Douglas Radem qvv an P. Conway USED hael Freeman XCUSED cher, Pro-Tem Barbara Kirkmeyer 3962788 Pages: 2 of 9 09/11/2013 10:47 AM R Fee:$0.00 CO Steve II Kico �1�1L�i leiand miiif v il'i ' Weld hiNA'/IN Y4r , it III (—Cr- 2013-2454 PL2158 WELD COUNTY ATTORNEY'S 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. 16'h Street, Greeley, CO 80631 Mr. and Mrs. Vega: August 8, 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 I I, 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 May I, 2013, at 9:00 a.m., the Weld County Board of County Commissioners approved the certification of these daily penalties to the Weld County Treasurer in accordance with Weld County Code §23-10-40.A. The Board certified the daily penalties for the period between December 11, 2012 and May I, 2013, for a total of 142 days, totaling $14,200.00. At public hearing on August 28, 2013, at 9:00 a.m., the Weld County Board of County Commissioners will determine whether to certify the continuing daily penalties for the period between May 2, 2013 and August 28, 2013. This period totals 119 days and $11,900.00. This request is for an additional amount above the original certification of $14,200.00. The total request at the hearing will be $11,900.00. Such lien would have priority over all other security interests, except for taxes. In addition to the $11,900.00, 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. 3962788 Pages: 3 of 9 09/11/2013 10:47 RM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO M�� M��.IMIG�LI+��flk��i �sJh�Nr<YtiL'r'�IF�4��a`Niat �YL'rh Ill III 2013-2454 Respectfully, Bob Choate Assistant Weld County Attorney Cc: Lorenna McCasland, 1627 E. 16th Street, Greeley, CO 80632 Brett Payton, Otis Coan & Peters, 1812 56th Avenue, Greeley, CO 80634 3962788 Pages: 4 of 9 09/11/2013 10:47 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■III kl�.rl�!~IL�tiLif~'I� L'I�il�l��,i'�i 'AKA SYvh MI III WELD COUNTY ATTORNEY'S OFFICE 1150 0 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 May 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 $14200.00. 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 3962788 Pages: 5 of 9 09/11/2013 10:47 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO ■111 �4�1FU�i�Ll+iGfJADA P,FtW�F'hd��f�h'rYis�■1111 Weld Combined Courts 915 10'" 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. Salzmans' 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 3962788 Pages: 6 of 9 09/11/2013 10:47 All R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO 1111 k!r1M11}!1 'Mu,Itrt'4Jk'�� w�h��^�h� 4haILt 11111 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). 3962788 Pages: 7 of 9 09/11/2013 10:47 Rf1 R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO �IIIIlI�.+Mlall�lPt�,�iv� iJN+l4'iilt�hi�,! f'i i Ni III 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. 3962788 Pages: 8 of 9 09/11/2013 10:47 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO iIII NFAI !LO?Gi1i'IhVO'dr fi L/t I IM' VC tl III DONE BY THE COURT: 10 December 2012 Magistrate 0921 88 2013 10:47g es: 9 of 9 //1AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County, CO Ell FAN Mittligi:K'VA4FdIiNI, III Hello