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HomeMy WebLinkAbout20253399 Resolution Approve Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — Francisco Hernandez Valdovinos and Deyanira Torres 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, Francisco Hernandez Valdovinos and Deyanira Torres, 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, CCV24-00058, and upon Weld County's motion, the County Court ordered the Defendants to pay an initial $100.00 fine and $50.00 for each day that the property remained in violation of the Weld County Code, beginning on August 11, 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$4,650.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from August 11, 2025, through and including November 11 , 2025 (a period of 93 days), be, and hereby is, approved. 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 10th day of December, A.D., 2025: [Insert Resolution Attestation Block Post Meeting] 2025-3399 PL0824 1 Weld County Attorney's Office ! `\1,/�', r,'� all (970) 336-7235 .��r, �p / 1150 O St., P.O. Box 758 -4 c o_uH?Y Greeley, CO 80632 4.4 NOTICE OF HEARING November 26, 2025 HERNANDEZ FRANCISCO VALDOVINOS 15077 CAROLINE AVE FORT LUPTON, CO 80621 FRANCISCO HERNANDEZ, At a public hearing on December 10,2025 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 August 11, 2025 up to and including November 11, 2025. This period totals 93 days for a total of$4,650.00. 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, 1/0tf,"10/(41e, Adria Schiel Assistant Weld County Attorney 2025-3399 IZ� () pL0c62-1- 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 18, 2025 4:19 PM CASE NUMBER: 2025C34285 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, A FOR COURT USE ONLY A v. FRANCISCO J. HERNANDEZ VALDOVINOS and Case Number: 25-C-34285 DEYANIRA TORRES, Division: C Defendants. ORDER FOR DEFAULT JUDGMENT This matter came before the Court on August 11, 2025, for a return date on summons. Plaintiff was represented by Assistant Weld County Attorney Adria Schiel, and Defendant Francisco J. Hernandez Valdovinos 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. Plaintiff brings this action for enforcement of building violations pursuant to Chapters 23 and 29 of the Weld County Code, as permitted by §30-28-124.5 C.R.S and § 30-28-210 C.R.S. The subject of this action is property located at 15077 Caroline Ave, Weld County, Colorado. Therefore, this Court has jurisdiction over the property and venue is proper. Defendant Francisco J. Hernandez Valdovinos was properly served on June 25, 2025. Defendant failed to file an Answer or otherwise appear on August 11, 2025. As a result, this Court enters default judgment against Defendant Francisco J. Hernandez Valdovinos. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. The Defendant is in default. 2. A $50.00 per day penalty is ordered due to the continued violation. The penalty will begin on August 11, 2025, and will continue until further order of this Court. 3. A $100.00 initial penalty is ordered due to the violation. SO ORDERED. August 18, 2025 11s tte i een athr}apo stu eenn Goldstein Date Magistrate WELD COUNTY GOVERNMENT Department of Planning Services oNTY, o CCV24 - 00058; 25 - C - 34285 Francisco Hernandez & Deyanira Torres 15077 Caroline Ave., Fort Lupton weld.gov WELD COUNTY GOVERNMENT Department of Planning Services COUNTY,CO Violations : Additions to a modular structure w/o permit(s) * August 11 , 2025 ($50 daily penalty imposed) * August 11 , 2025 up to and including November 11 , 2025 = 93 days * $50 / Daily @ 93 days = $4,650.00 Walk in 9/5/25 & spoke w/building department on how to permit additions weld.gov WELD COUNTY GOVERNMENT "_,r"=" Department of Planning Services VIM} COUNTY,CO Aerial View 4ggil 12/3/202S 12.3128 PM • to � i " a. r ..• ' I • t . n e•t is - — 1. a i ci • i , J. y r�iA, s • aJ « .crj l• f 7i1+3yt7�,� � • Nor- ,yy � . mo . ..._ CAROL INI AVE ,v.,. .r !...era'- -' Scale: 1:762 Data layers that appear on this map may or may 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 r.,,slant change and tot,accuracy and completeness cannot be and is 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 IMPUED AS TO THE COMPLETENESS ACCURACY.OR CORRECTNESS OF SUCH PRODUCT.NOR ACCEPTS ANY LIABILITY.ARISING FROM ANY INCORRECT INCOMPLETE OR MISLEADING INFORMATION weld.gov I CONTAINED THEREIN WELD COUNTY GOVERNMENTT=- INIELE Department of Planning Services COUIJTY,CO Zoning in the Area *yyp 12/3/2025 12 3 7 54 PM 4In 'OM ._.s ai gaHL.itaAan YIELD COUNTY,[�p^m gm • C-AROLINE AVE 1 4 Y iilig 15126 15166 p a ARISTO:RAT RANCEEITES 2ND FG'. Scale- 1 1002 Data Layers that appear on the map may or may A not be accurate.current,or otherwise'elude //�, DISCLAIMER Ths product has been developed solely for Internal use only by Weld County The GIS database.appbcahons and data.n.tfte product Is subtect to constant change and the accuracy and completeness cannot be and is not guaranteed The desrgnahon of lots or parcels or Land uses ec the database dues not mply that the tots or parcels were legally created or that the land uses campy with _ appbode 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 EXPRESSED OR IMPLIED AS TO THE COMPLETENESS.ACCURACY.Oft 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 WEER COUNTY,CO ' - • 40 .6,, $1. 0 a 401:!.., •lg; .g' , p . - it0- • •;,.../t...i.,..... .3644,..;.,- ,•,.-,,,I, • ,* 09/20/2024 -;. .A. -It" ° ..f4 .,\ ' *...• t '.• 4•"°4 •° ' • 4• . 4 1 . • . ., . - • ,, i'' ..1..‘...,.;:g Th--•,—,.,,_( ,__,_, ‘ n 02/04/2025 \ A " .._.,_, r.,,,- - , . , , ...:Y.,s• t 4112'eN Nair _ N N 1 r ...... _ N „ \ , 0 . 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