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HomeMy WebLinkAbout20253322 Resolution Approve Certification to Weld county Treasurer for County Compliance Violation Penalties as Special Assessment— Homar Manriquez 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 Defendant Homar Manriquez, 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 Defendant failed to bring the property into compliance with the Weld County Code, in relation to County Compliance Violation, CCV23-00177, and upon Weld County's motion, the County Court ordered the Defendant to pay $75.00 for each day that the property remained in violation of the Weld County Code, beginning on August 5, 2024, and Whereas, the Board of County Commissioners previously approved the certification of $2,025.00 to the Weld County Treasurer for the daily penalties accruing period from August 5, 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 $32,625.00 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. 2025-3322 PL0824 Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — Homar Manriquez 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] 2025-3322 PL0824 !r►`' 86_�'w•^- Weld County Attorney's Office ,` i `ill r ! �.%0 (970) 336-7235 J �� , 1150 O St., P.O. Box 758 c o u^T Y Greeley, CO 80632 NOTICE OF HEARING November 24, 2025 MANRIQUEZ HOMAR 3302 39TF' AVE EVANS, CO 80620 HOMAR MANRIQUEZ, 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$32,625.00. 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, `- ett4P; 4//&/"Pre Adria Schiel Assistant Weld County Attorney 2025-3322 ►7A PLOgZ4 COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Colorado 80632 DATE FILED Phone Number: (970) 475-2400 August 13, 2024 12:54 PM CASE NUMBER: 2023C36810 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, A FOR COURT USE ONLY A v. HOMAR MANRIQUEZ, Case Number: 23-C-36810 Division: C Defendant. ORDER FINDING DEFENDANT IN DEFAULT AND IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on August 5, 2024, for an evidentiary hearing. Plaintiff was represented by Assistant Weld County Attorney Adria Schiel, and Defendant, Homar Manriquez, failed to appear. Based upon the Court record and Plaintiff's offer of proof this Court makes the following findings of fact: 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 was properly served on February 5, 2024. 2. Defendant owns and/or occupies the property located at 500 5th St(Parcel: 080127309006) and 27333 4th Street(Parcel: 080127309008),in unincorporated Weld County(the"Property"). 3. The parties entered into a stipulation on May 6, 2024. The Court accepted the stipulation and entered its order on May 8, 2024. 4. The Court finds that the Defendant was sent notice of the daily penalty hearing set for August 5, 2024, and that the Defendant failed to appear. 5. The Court finds that the Defendant failed to comply with the stipulation as ordered by the Court. Specifically, the Defendant failed to (1) submit permits for all structures on the property/properties on or by June 21, 2024; (2) remove or demolish the mobile home on the property by July 1, 2024; (3) remove all items consisting of a Noncommercial Junkyard; (4) failed to pay an initial penalty of$100.00. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 6. The Court orders a $100.00 initial penalty for the violation; 7. A $75.00 per day penalty is ordered due to the continued violation. The penalty will begin on August 5, 2024, and will continue until further order of this Court. SO RDERED. August 13, 2024 Annette J. Kun a ius Date Weld County Court Magistrate WELD COUNTY GOVERNMENT ='= � Department of Planning Services COUNTY,CO CCV23 - OO1 77; 23 - C - 3681 0 Homar Manriquez 500 5th St. & 27333 4th Ave., Gill weld.gov WELD COUNTY GOVERNMENT Department of Planning Services 1117:0 Violations : Unpermitted structures, noncommercial junkyard without a Principal Use, & unauthorized vehicle repair * August 5, 2024 ($75 daily penalty imposed) * September 01 , 2024 up to and including November 9, 2025 = 435 days * $75 / Daily @ 435 days = $32,625.00 Last contact 03/07/2025. ATC since without response. weld.gov WELD COUNTY GOVERNMENT " '= Department of Planning Services Vii-ELff COUNTY,CO 11/26/202S 1004 36 AM Aerial View 406 • • 111111b I y -� 11:::.: F • • s ,::111 77111 sY 7 • — an *47._. ...)1 ,t ° i fir-",-- r i . itt;•.. 4 • 1.-1. ' it • .A.Ad - I .._ o .+ter:;` v. i ib 1 . 14, .. i Scale- 1:471 Data layers that appear on thn map may or may , Notes not be accurate.current.or otherwtse relabk DISCLAIMER Thn product has been developed sokty for internal use only by Weld County The GIS database applKanons and data,n the product n Subject to constant Change and the accuracy and completeness cannot be and,s not guaranteed The desgnatson of lots or parceh or land uses In the database does not imply that the lots or parcels were legally created or that the land uses comply with -_ appbcabie State or Local law UNDER NO CIRCUMSTANCE SHALL ANY PART THE PRODUCT RE USED FOR FINAL DESIGN PURPOSES WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES.EITHER E%PRESSED 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 CONTAINED THEREIN WELD COUNTY GOVERNMENT litEtazs,,..„,,.= Department of Planning Services COUNTY,CO Zoning in the Area s Ti,26/2D25,°os DI AM r - - • Cral E,HI * ?7333 •,,-.4 500 ■ t` ° _. f_A v., a Mit Scale: 1:619 Data layers that appear on thn map may or may A Notes not be accurate current,or otherwise relyble ONIMM DISCLAIMER Thn product has been developed solely for Internal use only by Weld County The GIS database apphcatans and data,n the product n sub1ect to constant change and the accuracy and completeness cannot be and n not guaranteed The desgnatan of lots or parcels or land uses.n the database does not imply that the lots or parcels were legally created or that the Land uses comply wlth _` applroble 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 CONTAINED THEREIN WELD COUNTY GOVERNMENT Department of Planning Services COUNTY,CO • .. • .. 10/17/2023 -..'----, , ------------ ___- . . . _ --, • .... , l'":1?....--'',1'. -4 f: f-s)t. . `,- ;,---=--=.-.,-------- ---------'--- r' -_-= ----_----------%1. -• __ _._,_ , Ili • rtif t ;1: '4' j4i,T •••;!!'!,:tk '.. 07/30/2024 _ .. 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