HomeMy WebLinkAbout20253321 Resolution
Approve Certification to Weld County Treasurer for County Compliance Violation
Penalties as Special Assessment — Jacob Rettenberger and Sherry Louk
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 Department of Planning Services, filed a
complaint in the Weld County Court against Defendants, Jacob Rettenberger and
Sherry Louk, claiming that the 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, and
Whereas, the Defendants failed to bring the property into compliance with the Weld
County Code, in relation to County Compliance Violation, CCV23-00169, and upon Weld
County's motion, the County Court ordered the Defendants to pay $25.00 per day for 31
days, and $50.00 per day for each day that the property remained in violation of the Weld
County Code, beginning on May 6, 2024, and
Whereas, the Board of County Commissioners previously approved the certification of
$5,125.00 to the Weld County Treasurer for the daily penalties accruing period from
May 6, 2024, through and including August 31 , 2024, and
Whereas, C.R.S. §30-28-124.5(1) and Section 23-10-40.A of the Weld County Code
allows these costs to be assessed against the property and collected as a special
assessment by the Weld County Treasurer.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Certification of $21,750.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from September 1 ,
2024, through and including November 9, 2025 (a period of 435 days), be, and hereby is,
approved.
2025-3321
PL0824
Certification to Weld County Treasurer for County Compliance Violation Penalties as
Special Assessment — Jacob Rettenberger and Sherry Louk
Page 2
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 8th day of December, A.D., 2025:
[Insert Resolution Attestation Block Post Meeting]
2025-3321
PL0824
^=*1s61/`=- Weld County Attorney's Office
`�)i,�01a [ = ' 1 (970) 336-7235
J• [i�! jp 1150 O St., P.O. Box 758
c o U N 1" Greeley, CO 80632
NOTICE OF HEARING
November 24, 2025
RETTENBERGER JACOB & LOUK SHERRY
2805 ASPEN LN
ESTES PARK, CO 80517
JACOB RETTENBERGER & SHERRY LOUK,
At a public hearing on December 08,2025 at 9:00 a.m., the Weld County Board of
County Commissioners will determine whether to certify the continuing daily
penalties against your property which have continued to accrue. The hearing will be
held at the Weld County Administration Building at 1150 0 Street, Greeley, CO
80632.
The hearing will address the penalties for the period September 01, 2024 up to and
including November 09, 2025. This period totals 435 days for a total of$21,750.00.
Please note that the daily penalty will continue to accrue until the property is brought
into compliance with the Weld County Code. A lien would have priority over all other
security interests, except for taxes. In addition, the Weld County Treasurer's fee may
increase the lien as permitted by law.
Respectfully,
1iec, 1
dria Schiel
Assistant Weld County Attorney
2025-3321
t Z/`6 PL,c$ZL4
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: June 4, 2024 8:57 AM
Greeley, Colorado 80632 CASE NUMBER: 2023C37073
Phone Number: (970)475-2400
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
A FOR COURT USE ONLY A
v.
JACOB RETTENBERGER and SHERRY LOUK,
Case Number: 23-C-37073
Division: C
Defendants.
ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS
This matter came before the Court on May 6, 2024, for an evidentiary hearing. Plaintiff
was represented by Assistant Weld County Attorney Adria Schiel, and Defendants, Jacob
Rettenberger and Sherry Louk, appeared virtually and pro se. Testimony was heard from Jordan
Cook and Nicole Brick, Weld County Compliance Officers and Defendants Jacob Rettenberger
and Sherry Louk. Based upon the testimony of the parties and Plaintiff's admitted Exhibits A
through E, this Court makes the following findings of fact and conclusions of law:
1. This Court has jurisdiction over the subject matter and the parties herein. This is an
action to enforce zoning and/or building code violations within the unincorporated area of
Weld County pursuant to C.R.S. §30-28-124.5, C.R.S. §30-28-210, Weld County Code
(WCC) §23-10-40. Defendant Jacob Rettenberger was properly served on February 13,
2024.
2. Defendants own and/or occupy the property located at 11780 Deford Street, New Raymer,
Colorado, in unincorporated Weld County (the "Property"). The Property is zoned (A)
Agricultural subdivision in historic townsite.
3. The Court finds that the Plaintiff has proven by a preponderance of the evidence that the
property is in violation of the Weld County Code. The Court finds that while there may be a
dispute as to the property lines, the property is in violation of the Weld County Code due to
the presence of a noncommercial junkyard. on a part of the property Defendants admit they own.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
4. The Court orders a $25.00 per day penalty to begin on May 6, 2024. The daily penalty will
increase on June 6, 2024, to a $50.00 day penalty, if no steps are taken.
jti
ORDEREL
June 4, 2024
• nunc pro tunc May 6, 2024
Annette J. Kundelius Date
Weld County Court Magistrate
WELD COUNTY GOVERNMENT
Department of Planning Services COUNTY,CO
CCV23 - 00169; 23 - C - 37073
Jacob Rettenberger & Sherry Louk
1 1780 Deford St., New Raymer
weld.gov
WELD COUNTY GOVERNMENTo,8(A/'
Department of Planning Services
Violations :
Noncommercial Junkyard without a Principal Use
* May 6, 2024 ($20 daily penalty imposed) to
increase to $50/day on June 6, 2024
* September 01 , 2024 up to and including
November 9, 2025 = 435 days
* $50 / Daily @ 435 days = $21 ,750.00
Last contact 11/20/2023. ATC since without response.
weld.gov
WELD COUNTY GOVERNMENT wEim,,, ,,,,
Department of Planning Services COUNTY,CO
Aerial View a 11;1b/1u2S 91118 AM
f
1.
illitill .
r ....
` -
•
i 1 •
E • }
T. %...s• ...i ..a it
Iti4 i
r _, NIcii„de,,,,,, 3 . ,.......4_ ...
�! �, " / t. .•
•
le
_ •
4 R A5' A
Scale. 1.331 Data,are.,that appear or,it.map nay of na [,`, A Notes
not be accurate current,or otherwise reliable
DISCLAIMER This product has been developed solely for internal use only by Weld County The GIS database applications and data in the product is subject to constant change and the accuracy and
compteteness cannot be and es not guaranteed.The desgnatron of lots or parcels or land uses in the database does not imply that the lots or parcels were legally created of that the land uses comply with
applicable State or Local law UNDER NO CIRCUMSTANCE SHALL ANY PART THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES.EITHER EXPRESSED
OR IMPLIED AS TO THE COMPLETENESS ACCURACY.OR CORRECTNESS OF SUCH PRODUCT,NOR ACCEPTS ANY LIABILITY.ARISING FROM ANY INCORRECT INCOMPLETE OR MISLEADING INFORMATION
CONTAINED THEREIN
weld.gov
WELD COUNTY GOVERNMENT �',t1:
Department of Planning Services iii-ELff
COUNTY,CO
Zoning in the Area a 11/2N20259.12.18 AM
a
UNGRAM TOY, ,LL
CWf.HAM TOY, TE
BEI ...ea.
5664.7 BE UNGHAM TOW)
56/31 -..
,.
'hik..NNNN'
- . tatiatiOnfie _
::,, UNGHAM TOW. y/C�Y`
iowlmleeuIIIIN 9�q
111111111111111111
wee
C5L30139E 11W
� � — —1
Scale. 1201 S Data layers that appear on thin map may or may A Notes.
rot be accurate current or otherwise reliable
DISCLAIMER Th.product has been de.eloped solely for internal use only by Weld County The GIS database applKatrons and data in the product is subject to constant change and the accuracy and —
completeness cannot be and o not guaranteed The designation of lots or parcels or land uses in the database does not imply that the lots or parcels were legally created or that the land uses comply with __�,
applicable State or Local law UNDER NO CIRCUMSTANCE SHALL ANY PART THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES.WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES.EITHER EXPRESSED
OR IMPLIED AS TO THE COMPLETENESS.ACCURACY OR CORRECTNESS OF SUCH PRODUCT,NOR ACCEPTS ANY LIABILITY.ARISING FROM ANY INCORRECT,INCOMPLETE OR MISLEADING INFORMATION weld.gov
T CONTAINED THEREIN
WELD COUNTY GOVERNMENT
Department of of Planning Services
COUNTY,CO
,,.--- i 0/17/2023
r.
1--7-%
,...... z , „ , , 1
_ . .. . . . 01 [r
... 04/02/2024,
• ,.... .
0
,I .4:\
.. ,
_.
, ,•,„,
,
.. , ., - _ i •,,, . . „,.• . _.• . ._ _
., ..._ ..
'4, , • ,, ,,,,, • , , , _. .: ..._.,
11
•:, ,
: -..1.- ., ,,,. !.. _ ,
••• •f,,,,, • ....„...,t :,...:,.: • .., .: ,.. .,,..• ••-.i,, J ....i't . ' ., 'II, ::,1,7,-A . 'o• ., ., , .- .. --, Al,, --,-, ---'---. -1 - ' -
-,,I.,,‘`,'''-'•,'' '1 ', ., A , -S .' •,‘,.:2: V,.:.:"',„i., -'--- , ,
, , ,.Iwo liNin,111
.ke.',..4-p.i.,i'4'..v.i. ....4;..,4 . e:7,..,-, '•.•.: - ..fii:•,.' ' , __
"1-
1,,,,,s, •-#0•:•••- r .vi-, - r ' . • ., • 111 , 1
, -- ' i, 1 •
iiiiltj NPR i ' 1'1 - !-I
. -
, 'r 7,.--.-I-, , ____- '-.•
• , . . , .. . 4 ,,
2023/10/11 1 „, .• ,..... • ‘.,, ,, ..•' .: 4. . - .. ,-! -.'.4.:+''Yr-,,••,-'.-1-'. ,
...
. -, --.. . ,, - -., .- .:. ,, ........ . •... ...
2024/04/02
L131 .-
WELD COUNTY GOVERNMENT ='W x��-"
Department of Planning Services COUNTY,CO
11/25/2025
1
pl, , _ , ,
AI 1
,, i. k ,4 •,_ ,--- 4
,,,i. . ,q ,, , ,..‘,.. • : , ,,.,.
1:„......,..,_-1.1r...,, ,t.,....., iropo—
..70,-....,-,,---;
__ _
.. ....
� 4
,g r
�,, r 202511112
- ti , .= A
wel
d.gov
Hello