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Home My WebLink About20253325 Resolution Approve Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — Manuel Montez 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 Manuel Montez, 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, CCV23-00036, and upon Weld County's motion, the County Court ordered the Defendants to pay $15.00 for each day that the property remained in violation of the Weld County Code, beginning on September 18, 2023, and Whereas, the Board of County Commissioners previously approved the certification of $5,235.00 to the Weld County Treasurer for the daily penalties accruing period from September 18, 2023, 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$6,525.00 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. 2025-3325 PL0824 Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — Manuel Montez 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] 2025-3325 PL0824 • ^``` '86' Weld County Attorney's Office 1,1 */�I LrI' = (970) 336-7235 ',1 •[ IJ; ;r jJ 1150 O St., P.O. Box 758 c o u N T Y Greeley, CO 80632 NOTICE OF HEARING NOVEMBER 24, 2025 MANUEL MONTEZ 19355 CR 52 LASALLE, CO 80645 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 September 01, 2024, up to and including November 09, 2025. This period totals 435 days for a total of$6,525.00. 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, /7171 Adria Schiel Assistant Weld County Attorney 2025-3325 z/Z P L0$2 -1- COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038,DATE -'1LED: September 21, 2023 4:32 PM Greeley, Colorado 80632 CASE NUMBER: 2023C34086 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. Case Number: 23-C-34086 MANUEL J. MONTEZ, Defendant. Division: C ORDER FOR DEFAULT JUDGMENT This matter came before the Court on September 18, 2023 for a nonappearance return date on summons. Plaintiff was represented by Assistant Weld County Attorney Adria Schiel, and Defendant failed to Answer or otherwise appear. Based upon the foregoing, this Court makes the following findings of fact: 1. This Court has jurisdiction over the subject matter and the parties herein. Defendant was properly served on August 2, 2023. Defendant failed to file an Answer or otherwise appear on the return date September 18, 2023. As a result, this Court enters default judgment against Defendant. 2. Plaintiff brings this action for enforcement of zoning violations pursuant to Chapter 23 of the Weld County Code, as permitted by § 30-28-124.5 C.R.S. 3. Defendant owns the property located at 19355 County Road 52, Weld County, Colorado. Therefore, this Court has jurisdiction over the property and venue is proper. The property is being used in violation of the Weld County Zoning Code. Specifically, the property is still in violation due to the continued presence of multiple occupied recreational vehicles, a noncommercial junkyard consisting of trash, debris, loose lumber and furniture all situated in the 100 year flood plain, which is not an allowed use. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. The Defendant is in default. 2. A$15.00 per day penalty is ordered due to the continued violation. The penalty will begin on September 18, 2023 and will continue until further order of this Court. 3. A $25.00 initial penalty is ordered due to the violation. SO,ORDERED. September 21, 2023 Magistrate Annette J. Kudelius Date WELD COUNTY GOVERNMENT Department of Planning Services COUNTY,CO CCV23 - 00036 ; 23 - C - 34086 Manuel Montez 19355 County Road 52, LaSalle weld.gov WELD COUNTY GOVERNMENT Department of Planning Services oNTY, o Violations : Noncommercial junkyard and occupied camper/RV which is not an allowed use * September 18, 2023 ($15 daily penalty imposed) * September 01 , 2024 up to and including November 9, 2025 = 435 days * $15 / Daily @ 435 days = $6,525.00 Last contact 12/12/24. weld.gov =' �� '= WELD COUNTY GOVERNMENT1V- -EffDepartment of Planning Services COUNTY,CO Zoning in the Area 011 '‘,...-..1.''''''% i ` FloodwayN' r . t. f, • yriot 100 Y.,: AE Q ': fr ♦ .. r • `Ats • * _ v 40 9391 F r ; 1 29 '��' -es '" 40 1 1930.1q weld.gov WELD COUNTY GOVERNMENT wEla,,,,,, Department of Planning Services COUNTY,CO Aerial View w _"- _ #-' ''fit �� .. *_ y. r '� }-'fit r �,y:`#. . -. ._. 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