HomeMy WebLinkAbout20132230.tiffRESOLUTION
RE: APPROVE CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ADOLFO AND BEATRICE
SIMENTAL
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 Adolfo and Beatrice
Simental, 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 allowed the unpermitted parking of a semi -truck
commercial vehicle on the property, 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
$50.00 for each day that the property remained in violation of the Weld County Code, beginning
on January 8, 2013, and
WHEREAS, on Weld County's motion, the Court terminated the daily penalties on
March 25, 2013, because the property was brought into compliance with the Weld County Code,
and
WHEREAS, daily penalty assessed by the Court order between January 8, and
March 25, 2013, is $3,850.00, and
WHEREAS, Section 30-28-124.5(1), C.R.S. and Section 23-10-40.A of the Weld County
Code, allow these costs to be assessed against the property and collected as a special
assessment by the Treasurer, and
WHEREAS, on May 1, 2013, the Board continued to August 7, 2013, at 9:00 a.m., to
allow additional time to achieve compliance, and
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Steve Moreno, Clerk and Recorder, Weld County; CO
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CERTIFICATION OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT -
SIMENTAL
PAGE 2
WHEREAS, on August 7, 2013, the Board heard further testimony and statements of
those present and reviewed the issue and, having been fully informed, deems it advisable to
approve the certification of special assessment.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the certification of $3,850.00 to the Weld County Treasurer to be
collected as a special assessment, be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of August, A.D., 2013.
BOARD O NTY COMMISSIONERS
WELD COLORADO
ATTEST:��^�}�
Weld County Clerk to the Board
BY:
APP
ty
Cle k .o the Board
y Attorney
am rcia, Chair
Date of signatureSEP 0 5 2013
ou. as Radema her, Pro-Tem
Sea j P. Conway
rbara Kirkmeyer
d d j -c- s-t2e
Michael Freeman
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Steve Moreno, Clerk and Recorder, Weld County, CO
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2013-2230
PL0824
WELD COUNTY ATTORNEY'S OFFICE
1150O 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;
Adolfo Simental
Beatrice Simental
200 Abeyta St.
Frederick, CO 80530
Mr. and Mrs. Simental:
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 court granted Weld County's request
to impose daily penalties on your property, based on your continued violation of the Weld
County Code. Specifically, you allowed the unpermitted parking of a semi -truck commercial
vehicle on your property. The $50.00 daily penalty began on January 8, 2013, and continued
until the County filed a motion to terminate the daily penalty, effective March 25, 2013. The
Court granted the motion to terminate the daily penalty, for a total of 77 days.
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 total request at the hearing will be $3,850.00 (77 days multiplied by $50.00 per day). Such
lien would have priority over all other security interests, except for taxes. In addition to the
$3,850.00, 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
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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.
ADOLFO SIMENFAL AND BEATRICE MENTAL
(AKA AMAYA),
Defendants.
Magistrate Randall Lococo
FILED IN
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Case Number: 12-C-454
Division: C
L _
ORDER
The Court, having been apprised of the facts and law related to Plaintiff's Motion to Terminate
Daily Penalties, hereby GRANTS Plaintiffs motion. The previously ordered daily financial civil
penalty is terminated as of March 25, 2013, for a total of 77 days.
SO ORDERED
eg%3
Magistrate Lococo Date
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Steve Moreno, Clerk and Recc-der, Weld County, CO
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