HomeMy WebLinkAbout20132455.tiffRESOLUTION
RE: APPROVE CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOSE FRANCO AND ROSA
PEREA
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 Jose Franco and Rosa
Perea, 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' property contained an unpermitted noncommercial
junkyard, and more animals than permitted, 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
$10.00 for each day that the property remained in violation of the Weld County Code, beginning
on September 26, 2012, and
WHEREAS, the property is still in violation of the Weld County Code, and Defendants
have not brought the property into compliance, and
WHEREAS, the Board of County Commissioners previously approved the certification of
$2,460.00 to the Weld County Treasurer for the daily penalties accruing between September 26,
2012, and May 29, 2013 (Resolution #2013-1287), and
WHEREAS, daily penalty assessed by the Court order between May 30, 2013, and
August 28, 2013, is $910.00, 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, hereby approves the Certification of $910.00 to the Weld County
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Steve Moreno
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Steve Moreno, Clerk and Recorder, Weld County, CO
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CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT
PAGE 2
Treasurer to be collected as a special assessment.
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 COLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy
APPRO
to the Boar
y Attorney
Date of signatureSEP 0 5 2013
3962791 Pages: 2 of 5
09/11/2013 10:47 AM R Fee.$0.00
Steve Morena, Clerk and Recorder, Weld County, CO
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Barbara Kirkmeyer
2013-2455
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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;
Jose Franco
Rosa Perea
18790 Highway 392
P.O. Box 44
Lucerne, CO 80646
Mr. Franco and Ms. Perea:
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 noncommercial junkyard shall be
restored, removed or completely screened from all adjacent properties and public rights -of -ways
and any trash shall be removed as screening is not an option for the trash. Additionally, the
number of animal units shall be reduced to three (3) or fewer due to the amount of acreage (7.5).
On October 17, 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 $10.00, beginning on September 26, 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 29, 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 September 26, 2012 and May 29, 2013, for a total of 246 days and $2,460.00.
At a 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 30, 2013 and August 28, 2013. This period totals 91 days and $910.00. 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 $910.00. Such lien would have priority over all other
security interests, except for taxes. In addition to the $910.00, the Weld County Treasurer's fee
may increase the lien by 10%, as permitted by law. You may avoid this hearing and the
3962791 Pages: 3 of 5
• 09/11/2013 10:47 RM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
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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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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) 351-7300
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
JOSE FRANCO and ROSA PEREA,
Defendants.
FA C.!?INWELD cou
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10x1 OCT 17 A 8: Cb
FOR COURT USE ONLY 0
Case Number: I2 -C-213
Division: D
ORDER ON PLAINTIFF'S MOTION FOR
THE IMPOSITION OF DAILY PENALTIES
The Court, having considered the Plaintiff's Motion for the Imposition of Daily Penalties, and
after a hearing on the matter,
FINDS, by a preponderance of the evidence:
I . That a violation of a regulation or zoning provision of the Weld County Code has occurred; AND
2. That such violation has not been removed or abated as of the October 15, 2012.
And ORDERS:
1. Defendants shall pay a daily penalty of $10.00, beginning as of the date that Plaintiff filed its
Motion for the Imposition of Daily Penalties - September 26, 2012, until such time as the violation is
removed or abated. Defendants have the duty to arrange an inspection of the property by Plaintiff Upon
inspection, if the violation has been removed or abated, Plaintiff shall file notice of such with the Court
with a request to vacate further daily penalties and dismiss the case.
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Steve Moreo,Cle k and Recorder, Weld County, t���i�i,l11
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