HomeMy WebLinkAbout20132456.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 (Parcel R5500486) 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 an
initial $500.00 financial civil penalty (the Court's order is attached hereto and fully incorporated
herein), and
WHEREAS, after being found in default, but before the Court set any daily penalties, the
Defendants brought their property into compliance, and the court dismissed the case at Weld
County's request, 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, hereby approves the Certification of $500.00 to the Weld County
Treasurer to be collected as a special assessment.
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Steve Moreno, Clerk and Recorder, Weld County, CO
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ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ADOLFO AND
BEATRICE SIMENTAL
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 CO k#f'►W% COLORADO
ATTEST:sw_VN\ taC1_° ---
Weld County Clerk to the Board
Palteputyer
BY:
APP
to the B
Barbara Kirkmeyer
William
G ia, Chair
can P. Conway
XCUSED
Michael Freeman
County Attorney EXCUSED
Date of signatureSEP 0 5 2013
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2013-2456
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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;
Adolfo Simental
Beatrice Simental
200 Abeyta St.
Frederick, CO 80530
Mr. and Mrs. Simental:
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 court granted Weld County's request
to impose an initial financial civil penalty on your property, based on your violation of the Weld
County Code. Specifically, you allowed the unpermitted parking of a semi -truck commercial
vehicle on your property. The court set the penalty at $500.00.
At public hearing on August 28, 2013, at 9:00 a.m., the Weld County Board of County
Commissioners will determine whether to certify this penalty to the Weld County Treasurer in
accordance with Weld County Code §23-10-40.A.
The total request at the hearing will be $500.00. Such lien would have priority over all other
security interests, except for taxes. In addition to the $500.00, 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,
-Kc' 5 cr,tn,-Lc
Bob Choate
Assistant Weld County Attorney
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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
❑
FOR
FILED IN
fn,'"T" COURT
,pn 10 2013
WELD COUNTY, COLO.
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
ADOLFO SIMENTAL AND BEATRICE SIMENTAL,
Defendants.
COURT USE ONLY
Magistrate Randall Lococo
Case Number: 13-C-487
Division: C
ORDER
The Court, being apprised of the facts and law relative to Plaintiff's motions, hereby ORDERS:
• Defendant is ORDERED to immediately pay an initial financial penalty in the amount of
$500.00 to the Weld County Treasurer, in accordance with Weld County Code Sec. 23-
10-40E.
The Parties are ORDERED to appear in Division C at 10:30 a.m. on September 16, 2013,
for a hearing on Plaintiff's Motion for Daily Penalties. Failure to appear by the Plaintiff
may result in the motion being denied. Failure to appear by the Defendants may result in
the motion be granted ex parte.
SO ORDER
Magistrate Lococo Date
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Steve Moreno, Clerk and Recorder, Weld County, CO
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