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Home My WebLink About20122591.tiff RESOLUTION RE: APPROVE CERTIFICATION OF SPECIAL ASSESSMENT PURSUANT TO SECTION 25-1-518(3), C.R.S. - CHARLES G. SMITH 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, pursuant to Section 25-1-518(3), C.R.S., the Board of County Commissioners may certify to the Weld County Treasurer a special assessment for the purpose of collecting expenses incurred by Weld County in cleaning, removing, or abating any nuisance found on a lot or premises, and WHEREAS, on July 23, 2012, the Board of County Commissioners issued an order to Charles Smith to abate a nuisance condition within 24 hours, on property located on a three-acre parcel (Parcel #070531100004), located in part of the W1/2 NE1/4 of Section 31, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado, and WHEREAS, Mr. Smith did not comply with the order and Weld County had the nuisance abated on July 27, 2012, and WHEREAS, Weld County paid the direct cost of the abatement to the contractor in the amount of $300.00, and WHEREAS, Troy Swain of the Weld County Department of Public Health and Environment expended time costing $61.04 (two hours at $30.52 per hour for Mr. Swain's time spent on July 27, 2012), and WHEREAS, Weld County paid civil process server fees in the amount of$84.40 to serve two letters, the Notice of Hearing and Abatement Order, after Mr. Smith refused receipt of the letters by certified mail, and WHEREAS, the total cost for the abatement is $445.44; and WHEREAS, Mr. Smith was notified by certified letter dated August 27, 2012, of the total cost and the need for him to reimburse the County for such cost by September 15, 2012; and WHEREAS, to date, Mr. Smith has not made any payment to Weld County for such costs of abatement; and WHEREAS, the total sum for which the Board may certify to the Weld County Treasurer as a special assessment is $445.44. : e,./1 //L1 Sni;t /C- Q3..c 72 2012-2591 HL0039 CERTIFICATION OF SPECIAL ASSESSMENT PURSUANT TO SECTION 25-1-518(3), C.R.S. - CHARLES G. SMITH PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a special assessment, in the amount of $445.44, be and hereby is, certified to the Weld County Treasurer for collection against Parcel #070531100004, located in part of the W1/2 NE1/4 of Section 31, Township 7 North, Range 67 West of the 6th P.M., Weld County, Colorado, pursuant to Section 25-1-518(3), C.R.S. BE IT FURTHER RESOLVED by the Board that the Weld County Treasurer be, and hereby is, authorized to place a lien against said property, in accordance with Section 25-1-518(3), C.R.S., until such lien is paid in full. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of September, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST • E Las P a► X Sean Conw hair Weld County Clerk tot licp ^/ �� / V iam Garcia, ro-Tem BY: - i, t- ��4..1U:, .�`` / NC Deputy Clerk to the Boa ex /*as , v`1 (�,,v Douglas ademache APP AS <, u�(u"� , 11,11' 7, -/L :'Sar Kirkmeyer / ty Attorney u i C David E. Long Date of signature: /O / i. 2012-2591 HL0039 . 1 ♦ 1. - -E.%b/.9••.‘• 1;17.•• if M �� ` Ki •R.• M V' ' JIB t`T `y " 'al-- '1.s,-•'• • .• - 1. • • • >�_ ♦ •`` �V•- • 1, illis r: ••.• Y ♦� � tit �' ,'r' } •• •:.•.te %a.- cr. •:•• . . • r '� I 'e J� e b {. J • t, • • }. y • ;fit->, _f : N •7 1- a\ , ._t t. • d p r:: • .w. -t } 1,7 • r.' ' r 0 j r C� al a.•• b. ` ' it '. ': � ,I -_ti-. .7 l • _ 4:% `"•,.. , IR....lit• #.g!.• . r J . , «r � . � . t ,, II t T Z• t It--≥ ♦s••• j a` 2012-2591 v • • ' 'a- � I ,_ t • �. 11�► r ' (1:t• " ' 1. Q• v . 'i. F. , . • — : �► y C14,,,,4r y. y� aSit %F ir N , , •, • '+ ' ' a• ��+ ' ; ' __Iipip,..„,i. r4� 4 N a - .a • • a • '4 a' -Y • , ( • -,. L .}-tree • . I tt • ;, s 1,- t 1 • it f • •- • ' 11. r'. • I t y C 1 4' A J II 4• • , • • i ` It 4 t. ; Itt Y • Ike Y f tai.,, a G S t d eit Ri a• - .. 4•,• `- C d DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue t86t Greeley, CO 80631 Public Health Web:www.weldhealth_org 'A L ' 1 Health Administration Public Health 6 Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education t Planning t Response Z [ Q Tele 9]03046410 vie 9]0 04 6420 Tele 970 304 6415 vie 9]030169]0 Tee 9]03006920 Fax 9]03046912 Fax 970 3046416 Fax 970 3046411 Fax 970 Fan 970 304 6469 Our axon Together wrth the communities we serve we are working to mate Weld County the hea4Nest dace to are.learn,,sort and may August 27, 2012 Mr. Charles Smith Certified Mail #7005 3110 0003 4878 9279 1 1 16 Grand Avenue Windsor,CO 80550 Reimbursement of Weld County's cost for the Abatement of Nuisance Condition from illegal disposal. Dear Mr. Smith: At a public meeting of the Weld County Board of Commissioners on July 23, 2012,the Board, acting in their capacity as the Weld County Board of Health, per 25-1-518 Colorado Revised Statutes, issued an order to you to abate the nuisance condition on your property within 24 hours. You did not comply with the abatement order and the Board had the nuisance abated on July 27, 2012. Weld County paid the direct cost of the abatement to the contractor in the amount of$300.00 and is seeking reimbursement from you. Weld County also paid Civil Process Server fees in the amount of$84.40 to deliver two letters (Notice of Hearing and Abatement Order)to you after an initial Certified Letter was refused. A copy of the County's payment and the invoice from both the abatement contractor(Northern Colorado Disposal, Inc.),and Civil Process Server (Weld County Sheriff's Office)are attached. Additionally, Mr. Troy Swain of the Weld County Department of Public Health and Environment expended time costing$61.04(2 hours at $30.52 per hour for Mr. Swain's time spent on July 27, 2012). Weld County is seeking reimbursement in the amount of$445.44 for this nuisance abatement. Please send payment in the amount of$445.44, payable to Weld County Government and to my attention at the above address by September 15,2012. Failure to pay within the specified time will result in the abatement cost being assessed against your property or you personally. If you have any questions, please contact this office at(970)304-6415. extension 2219. Sincerely, Troy E. Swain Waste Program Coordinator Environmental Health Services Attachments: 6 pages record of invoice and payment cc: Trevor Jiricek, Director, Planning& Environmental Health Services(via e-mail) Dr. Mark Wallace MD, Director, Weld County Dept. of Public I lealth& Environment(via e-mail) Brad Yatabe,Assistant Weld County Attorney(via e-mail) Mr.Charles Smith I 116 Grand Avenue, Windsor, CO 80550(via U.S. Mail) U.S. Postal Service CERTIFIED MAIL.. RECEIPT r7,i (Domestic Mail Only:No Insurance Coverage Provided) r F•r•elivery inl•rmati•n visit•ur we•site at www.us•s c• r OFFICIAL USE S Posage $ Certified Fee Preens* Pekoe Roc**Fee Here (Ene n emi HeWirecl) Om Reevided Fee (Efdm•emMN�R Delivery e iced) ri m rn Total Postage&Fees $ o M1R,LES.-_SMITH a,PO9ox Na 1116.__iRANU.IYENUL °"•tiaZW NDSOR CO 80550 PS roan IiaO.Jnnr 9PtR Sor Haueur,urinSpucLO'... '�.V. • . N.N m .ter...�— .... _. F + T.} f N, td - 1 Vk 1r• • fA( e!K t .n• t d" a 1. fir•. .i ;14 2ritA, 7005 3110. 0003 4878 9279 ; Northern Colorado Disposal, Inc. INVOICE #537190 P.O. Box 700 DATE 7/30/2012 Greeley, Co 80632 (970-353-4090 WELD COUNTY HEALTH DEPARTMENT 1555 N. 17TH AVE GREELEY,CO 80631 ATTN:TROY SWAIN Qty Description of Service AMOUNT 1 SPEICIAL PICKUP 36656 PAULINE PL. $300.00 Nuisance Abatement-Smith property TOTAL LBS IS 1,660 OF TRASH Thank You for your Business Web Site northerncoloradodisposal.com TOTAL DUE 300.00 t/44,41/-- / . Cana&WELD COUNTY SHERIFF'S OFFICE / FOR PROPER CREDIT A COPY OF THIS STATEMENT MUSE ACCOMPANY PAYMENT Weld County Sheriff- Civil Unit Date:07/26/2012 1950 O Street Greeley, CO 80631 Dept. of Public Health 1555 N. 17th Ave. Greeley, CO 80631 Billing Number: 3616 Docket Number: Defendant: Charles Smith - Current Charges: $ 42.20 Notary S Current Credits: 5 Balance Due: $ 42.20 Refund Due: S Amount Enclosed: X Defendant/Witness Served DefendanUWitness Could Not Be Served X Affidavit and Original Document Attached Affidavit and Original Document Returned To Court FOR PROPER CREDIT A COPY OF THIS STATEMENT MUST ACCOMPANY PAYMENT If you have questions, please call (970) 356-4015 ext. 2823 or 2829 Main Office. Greeley Fart Lupton Sub Station Southwest Complex North Jail Complex 1950"O"Street 2950 9`h Street 4209 WCR 24 '/ 2110"O"Street Greeley,CO 80631 Fort Lupton.CO 80621 Longmont,CO 80504 Greeley.CO 80631 Phone(970)356-4015 Phone(303)857-2465 Phone(720)652-4215 Phone(970)356-4015 Fax (970)304-6467 Fax (303)857-3027 Fax 1720)652-4217 Fax (970)304-6461 CaO WELD COUNTY SHERIFF'S OFFICE / FOR PROPER CREDIT A COPY OF THIS STATEMENT MUST ACCOMPANY PAYMENT Weld County Sheriff- Civil Unit Date:07/18/2012 1950 O Street Greeley, CO 80631 Dept. Public Health 1555 N. 17th Ave. Greeley, CO 80631 Billing Number: 3440 Docket Number: Defendant: Charles Smith Current Charges: S 42.20 Notary: S _ Current Credits: S, Balance Due: S 42.20 Refund Due: S Amount Enclosed: X Defendant/Witness Served DefendantiWitness Could Not Be Served X Affidavit and Original Document Attached Affidavit and Original Document Returned To Court FOR PROPER CREDIT A COPY OF THIS STATEMENT MUST ACCOMPANY PAYMENT If you have questions, please call (970) 356-4015 ext. 2823 or 2829 Main Office, Greeley Fort Lupton Sub Station Southwest Complex North Jail Complex 1950"O"Street 2950 9'Street 4209 W CR 24 '4 2110'4T Street Greeley,CO 80631 Fort Lupton,CO 80621 Longmont,CO 80504 Greeley,CO 80631 Phone(970)356-4015 Phone(303)857-2465 Phone(720)652-4215 Phone(970)356-4015 Fax (970)304-6467 Fax (3031857-3027 Fax (720)652-4217 Fax (970)304-6461 RESOLUTION RE: FINDING AND ORDER: ABATEMENT OF NUISANCE CONDITION ON PROPERTY OWNED BY MR.CHARLES G. SMITH-C.R.S.25-1-518 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, Mr. Charles G. Smith, owns property located on a three (3) acre parcel (Parcel 4070531100004), located in part of the W1/2 NE1/4 of Section 31, Township 7 North, Range 67 West of the 6th P.M.,Weld County,Colorado("the Property"),on which household trash, including food waste,has been deposited,thereby constituting a nuisance in need of abatement in accordance as per provisions of Section 25-1-518,C.R.S., and WHEREAS,despite efforts by the Department of Public Health and Environment('DPHE) staff to resolve said matter,the nuisance was not abated, and WHEREAS, on the 23rd day of July, 2012, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said nuisance condition,and WHEREAS,Mr.Charles G.Smith was not present or represented at said hearing,although he was notified of said hearing by the DPHE, and WHEREAS,the Board of County Commissioners deems it advisable to issue an Order of Abatement against Mr. Charles G. Smith, thereby ordering that the nuisance condition on the Property be abated within 24 hours, and if the abatement is not completed within said 24 hours, ordering that the DPHE arrange for the abatement of said nuisance and assess the cost of said abatement against the Property or against Mr. Smith, as allowed pursuant to Section 25-1-518, C.R.S. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,an Order of Abatement against Mr. Charles G. Smith be, and hereby is, issued whereby Mr.Smith is ordered to abate the nuisance condition on the Property within 24 hours of the date of this hearing and,if said abatement is not completed within said 24 hours,that the DPHE be, and hereby is,ordered to arrange for the abatement of said nuisance and assess the cost of said abatement against the Property or against Mr. Smith, as alowed pursuant to Section 25-1-518, C.R.S. as bun uk, PL, Vio(. ��Z3�IZ 2012-1894HL00 HL0039 HEALTH VIOLATION-CHARLES G. SMITH PAGE 2 The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 23rd day of July, A.O., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO _� ATTEST: .Qp . Se n P. Conw Chair Weld County Clerk to the Board BY: h, I� Nam . arcia, Pro T Deputy -t to Boa Kirkmeyer[i FORM: � yoLi auk - David E. Long \� our*Attorney �G Douglas Radema r Date of signature: 1I Z t L 2012-1894 HL0039 Hello