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HomeMy WebLinkAbout20253402 Resolution Approve Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — Alejandro Rincon and Perla Rodriguez 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, Alejandro Rincon and Perla Rodriguez, 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, CCV24-00108, and upon Weld County's motion, the County Court ordered the Defendants to pay an initial penalty of $100.00, and to pay a penalty of $50.00 for each day that the property remained in violation of the Weld County Code, beginning on September 8, 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$3,250.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from September 8, 2025, through and including November 11 , 2025 (a period of 65 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] 2025-3402 PL0824 • "1/41/4,186 _t, ! Weld County Attorney's Office 1��;,, `4,, Ira , (970) 336-7235 r 'r ; 1150 O St., P.O. Box 758 o u N T Greeley, CO 80632 NOTICE OF HEARING November 26, 2025 RODRIGUEZ PERLA & RINCON ALEJANDRO 16203 BARLEY AVE FORT LUPTON, CO 80621 PERLA RODRIGUEZ & ALEJANDRO RINCON, 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 September 08, 2025 up to and including November 11, 2025. This period totals 65 days for a total of$3,250.00. 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, .‘0:dieerf Adria Schiel Assistant Weld County Attorney 2025-3402 17A0 PLLbSZ- COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Colorado 80632 DATE FILED Phone Number: (970) 475-2400 September 18, 2025 1:55 PM CASE NUMBER: 2025C34276 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, A FOR COURT USE ONLY A v. PERLA J. RODRIGUEZ and ALEJANDRO RINCON, Case Number: 25-C-34276 Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on September 8, 2025, for an evidentiary hearing. Plaintiff was represented by Assistant Weld County Attorney Adria Schiel, and Defendant, Perla J. Rodriguez and Alejandro Rincon, appeared pro se. Testimony was heard from Nicole Brick, Weld County Building Compliance Officer, Phillip Mullins, Joe Roper and Defendant Perla J. Rodriguez. Based upon the testimony of the parties and Plaintiff's admitted Exhibits A through B, 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. Defendants were properly served on June 13, 2025. 2. Defendant owns and/or occupies the property located at 16203 Barley Ave, in unincorporated Weld County(the "Property"). 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 the testimony establishes there are five commercial vehicles on the property, which is not allowed under the Weld County Code. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 4. The Court orders a $100.00 initial penalty for the violation; 5. A $50.00 per day penalty is ordered due to the continued violation. The penalty will begin on September 8, 2025, and will continue until further order of this Court. SO ORDERED. iz,g,A-,--b— September 18, 2025 Kathryn Eileen Goldstein Date Weld County Court Magistrate WELD COUNTY GOVERNMENT '� Department of Planning Services COUNTY.CO CCV24 - OO1 08; 25 - C - 34276 Perla Rodriguez & Alejandro Rincon 16203 Barley Ave., Fort Lupton weld.gov WELD COUNTY GOVERNMENT Department of Planning Services oNTY, o Violations : Multiple commercial vehicles in an Agricultural subdivision * September 08, 2025 ($50 daily penalty imposed) * September 08, 2025 up to and including November 11 , 2025 = 65 days * $50 / Daily @ 65 days = $3,250.00 11/05/25 email from building department regarding structure application submittal weld.gov WELD COUNTY GOVERNMENT lina,. ., ., Department of Planning Services COUNTY,CO Aerial View , 12/3/202519252 PM ■fit .. �.. ar_ Or • r.. .- R .• a #• St YY l 1 vl 1 t I.lie [rid • �, r an'4 • • f •PliMPlh!!'.66.‘ _ ,4 1p 1 ''. < It Akt. •• a r ..�• 1 4 #, s . low, 4. .. . r�y7 or IIILII • 7/9 IiAHII Y AVI l o Scale: 1:1336 Data layers that appear on tars map may or may /� 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 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 torsi 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 UABIUTY.ARISING FROM ANY INCORRECT INCOMPLETE OR MISLEADING INFORMATION weld.gov CONTAINED THEREIN WELD COUNTY GOVERNMENT imodHj Department of Planning Services COUNTY,CO 12/3/2025 1 02 21 PM Zoning in the Area 417658 • • „„,•, • WINO as ton g-fw. Scale: 1:1016 Data layers that appear on thn nap 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 sub/xt to constant change and the accuracy and completeness cannot be and Is not guaranteed The desgnahon 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 -_ appLcable 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 I CONTAINED THEREIN WELD COUNTY GOVERNMENT Department of Planning Services COUNTY,CO • 05/06/2025 • - . ;? y�: 08/02/2025 • tp f �_ • �� . , 2025/05/06 _. :,,, - �r'0. 4 WELD COUNTY GOVERNMENTlegl Department of Planning Services couNnco ,\,,,,.,,'. __.C, Pi0,,.0,,„4t,0„i,'. . 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