HomeMy WebLinkAbout20253324 Resolution
Approve Certification to Weld County Treasurer for County Compliance Violation
Penalties as Special Assessment — Kathy Prescher
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 Kathy Prescher, 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, CCV22-00068, and upon Weld
County's motion, the County Court ordered the Defendant to pay $10.00 for each day that
the property remained in violation of the Weld County Code, beginning on January 13,
2025, 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$3,010.00 to the Weld County Treasurer to be collected
as a special assessment for the daily violation penalties from January 13, 2025, through
and including November 9, 2025 (a period of 301 days), be, and hereby is, approved.
2025-3324
PL0824
Certification to Weld County Treasurer for County Compliance Violation Penalties as
Special Assessment — Kathy Prescher
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]
2025-3324
PL0824
•
Weld County Attorney's Office
(970) 336-7235
r! 1150 O St., P.O. Box 758
►`_ c o.� T ' Greeley, CO 80632
NOTICE OF HEARING
NOVEMBER 24, 2025
KATHY PRESCHER
336 DUNMIRE ST
FREDERICK CO 80530
To Whom It May Concern,
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 January 13, 2025, up to and
including November 09, 2025. This period totals 301 days for a total of$3,010.00.
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,
(-$4;171%
Adria Schiel
Assistant Weld County Attorney
2025-3324
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038,
Greeley, Colorado 80632 DATE FILED
Phone Number: (970)475-2400 January 24, 2025 6:48 PM
CASE NUMBER: 2024C35092
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
A FOR COURT USE ONLY A
v.
KATHY PRESCHER, Case Number: 24-C-35092
Division: C
Defendant.
ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS
This matter came before the Court on January 13,2025,for a daily penalty hearing.Plaintiff
was represented by Assistant Weld County Attorney Adria Schiel,and Defendant, Kathy Prescher,
appeared pro se. Testimony was heard from Cynthia Villanueva, Weld County Code Compliance
Officer, and Defendant Kathy Prescher. Based upon the testimony of the parties and Plaintiff's
admitted Exhibit A, 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 was properly served on July 31, 2024.
2. Defendant owns and/or occupies the property located at 336 Dunmire St, Evanston,
Colorado 80530, in unincorporated Weld County(the "Property").
3. The Court took judicial notice of the Amended Stipulation filed on September 26, 2024.
4. The Court finds that the Defendant failed to remove the presence of the non-commercial
junkyard by October 21, 2024, as agreed to in the stipulation. The Court finds that while the
Defendant added a privacy fence to screen the backyard, the fence does not fully screen in the
top of the recreational vehicle. The Court finds that the Defendant failed to contact the zoning
compliance officer as agreed to in the stipulation.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
5. A $10.00 per day penalty is ordered due to the continued violation. The penalty will begin
on January 13, 2025 and will continue until further order of this Court.
SO ORDERED.
January 24, 2025
Ann J. Kun e1 << Date
Weld County Court Magistrate
WELD COUNTY GOVERNMENT
Department of Planning Services COUNTY,CO
CCV22 - 00068; 24 - C - 35092
Kathy Prescher
336 Dunmire St., Frederick
weld.gov
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WELD COUNTY GOVERNMENT "=
Department of Planning Services COUNTY CO
Violations:
Unscreened noncommercial junkyard
* January 13, 2025 ($10 daily penalty imposed)
* January 13, 2025 up to and including
November 9, 2025 = 301 days
* $10 / Daily @ 301 days = $3,010.00
Last contact 12/01/25.
weld.gov
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