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HomeMy WebLinkAbout20253464 Resolution Approve Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — John Krenzelok 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, John Krenzelok, 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, ZCV21-0007, and upon Weld County's motion, the County Court ordered the Defendant to pay $50.00 for each day that the property remained in violation of the Weld County Code, beginning on March 21 , 2022, and Whereas, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: • June 22, 2022: $3,200.00 for the period of March 21, 2022, through and including May 22, 2022; • November 14, 2022: $7,000.00 for the period of May 23, 2022, through and including October 9, 2022; • November 13, 2023: $18,350.00 for the period of October 10, 2022, through and including October 11, 2023; • October 2, 2024: $16,350.00 for the period of October 12, 2023, through and including September 2, 2024 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 $22,000.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from September 3, 2024, through and including November 16, 2025 (a period of 440 days), be, and hereby is, approved. 2025-3464 PL0824 Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — John Krenzelok 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 15th day of December, A.D., 2025: [Insert Resolution Attestation Block Post Meeting] 2025-3464 PL0824 „ ,;. r• : Weld County Attorney's Office r ' - (970)336-7235 ;'! �/”, ;� 1150 0 St., P.O. Box 758 4 _ a u N r'••>- Greeley, CO 80632 fl NOTICE OF HEARING DECEMBER 1, 2025 KRENZELOK JOHN PO BOX 694 GALETON, CO 80622 JOHN KRENZELOK, At a public hearing on December 15,2025 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 03, 2024 up to and including November 16, 2025. This period totals 440 days for a total of$22,000.00. 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, dria Schiel Assistant Weld County Attorney 2025-3464 1215 Pl.. b�24-1 COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: March 29, 2022 9:02 AM Greeley, Colorado 80632 CASE NUMBER: 2021C34313 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. JOHN KRENZELOK Case Number: 21-C-34313 Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on March 21,2022,for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on November 12,2021.Plaintiff was represented by Assistant Weld County Attorney Caitlin Perry, and Defendant, John Krenzelok, failed to appear. Testimony was heard from Hannah Dutrow, Weld County Compliance Officer. Based upon the foregoing,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, and WCC §29-11-10(C). Defendant was properly served on September 10, 2021. Defendant consented to the Court's jurisdiction and entered into a stipulation on November 1, 2021, which was approved and ordered by the Court on November 12, 2021. 2. Defendant owns and/or occupies the property located at 39538 Boulevard B, Eaton, Colorado, 80615 in unincorporated Weld County (the"Property"). The Property is zoned (A) Agricultural. 3. By stipulation, Defendant agreed that the Property was in violation of the Weld County Code due to the continued presence of an occupied camper/trailer-RV; the storage of a manufactured structure (mobile home); the presence of Accessory Uses without a Principal Use including the presence of a noncommercial junkyard including,but not limited to,derelict vehicles, tires, car parts, and other miscellaneous debris; and the addition of accessory structures (storage buildings). Defendant further agreed to 1)submit a complete Residential or Manufactured Building Permit application(if eligible)to permit the manufactured structure by December 6, 2021 or if not eligible to permit the structure then remove the structure from the property and provide evidence of relocation or destruction by December 6, 2021; 2) submit a complete Zoning Permit for a Temp During Construction (ZPMH) to apply to permit the temporary use of the camper/trailer-RV during construction of the residence by December 6, 2021; 3) screen using approved screening materials the noncommercial junkyard including, but not limited to, the derelict vehicles, fluid containers, car parts, scrap materials, windows, rafters,building materials,and other miscellaneous debris by December 6,2021;4)contact the zoning compliance officer to arrange an inspection of the property; and 4) pay an initial financial penalty in the amount of $50.00. Alternatively, instead of submitting the abovementioned permit applications and screening the Defendant had the option to do the following: 1) vacate the occupied camper/trailer-RV including compacting the unit and disconnecting from utilities,or remove the camper/trailer-RV by December 6,2021;2)remove the manufactured structure from the property and provide evidence of relocation or disposal by December 6,2021; and 3)remove the noncommercial junkyard including but not limited to derelict vehicles, fluid containers, car parts, scrap materials, windows, rafters, building materials, and other miscellaneous debris by December 6, 2021. 4. Weld County Compliance Officer, Hannah Dutrow has inspected the property on multiple occasions, including most recently on March 10, 2022. As detailed by the testimony of Ms. Dutrow, and as depicted in the photographs admitted into evidence as Exhibits A-C, the Property still contains an unpermitted manufactured structure (mobile home), an unpermitted occupied camper-trailer-RV, a nonconforming partially screened noncommercial junkyard which is not allowed without a principal use, and accessory structures (storage buildings) not allowed on the property without a principal use. In addition,the stipulated deadline,December 6, 2021, for Defendant to correct the violations expired several months ago. 5. The Court finds that the property still contains an unpermitted manufactured structure (mobile home), an unpermitted occupied camper-trailer-RV, a nonconforming partially screened noncommercial junkyard which is not allowed without a principal use, and accessory structures (storage buildings)not allowed on the property without a principal use, in violation of the Weld County Code, that none of the stipulated terms were completed by December 6, 2021 in violation of the Weld County Code and Stipulation; and thus, the defendant has materially breached the stipulation. 6. The Defendant agreed to remedy all of the violations on the property as set forth in the stipulation but has failed to do so. The Court finds that Plaintiff has proven by a preponderance of evidence that the property is in violation of the Weld County Code and that the defendant has materially breached the stipulation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 7. A $50.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty will begin on March 21,2022 and will continue until further order of this Court. SO ORDER March 29, 2022 Randall C. Lococo Date Weld County Court Magistrate WELD COUNTY GOVERNMENT fi Department of Planning Services COUNTY,CO ZCV21 - 00077; 21 - C - 34313 John Krenzelok 39538 Boulevard B, Eaton weld.gov WELD COUNTY GOVERNMENT Department of Planning Services COUNTY,CO Violations : Occupied camper/RV, unpermitted derelict modular home, & noncommercial junkyard without principal use * March 21 , 2022 ($50 daily penalty imposed) * September 03, 2024 up to and including November 16, 2025 = 440 days * $50 / Daily @ 440 days = $22,000.00 Last contact, Site Visit w/ EH & WCSO 05/15/2025 weld.gov WELD COUNTY GOVERNMENT iir,Eivas.-= Department of Planning Services COUNTY,CO 12/4/202S 249 17 PM Aerial View .416 • BOULEVARD B • t., Ifs `+ ;_...0,„ s • 4 1 I E 1 .s ue Wgrr. • r!"l�` s,_..\,.,,,rer r j Re . Sa, - 4 1 16r ...r!:-... * ,, . . .r, I . 4;n ‘9\ . t,... ..31 . eli,a.. , oril 2. L....... .... . _.._.- Left\ 1y \ .\ -- _ --- Scale: 1416 Data layers that appear on this map may or may A Notes not be accurate,current.or otherwrse reliable DISCLAIMER This product has been developed solely for internal use only by Weld County The GIS database applications and data m the product is subject to constant change and the accuracy and It>•ttim—_ 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 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 GOVERNMENTWaif Department of Planning Services COUNTY,CO Zoning in the Area *We 12/4/202S 2A945 PM go LE A'DD CAMEIELU tOWY4 IL .ndiI SI 3 39536 CAMFIELD Tr - I [ Scale: 1:547 Data layers that appear on Mrs map may or may Notes: not be accurate,current.or otherwise ratable N DISCLAIMER This product has been developed solely for rnternal use orgy by Weld County.The GIS database applicatrons.and data m the product n sub1ect to constant change and the accuracy and completeness cannot be and rs not guaranteed.The desgnatron 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 wdh apphoble State or Local law UNDER NO CIRCUMSTANCE SHALL ANY PART THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES.WELD COUNTY MANES 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 CONTAINED THEREIN i_rst, WELD COUNTY GOVERNMENT COUNTY, Department of Planning Services iiCOa • 01/04/2022 10/20/2023 . . _ . .. , .,. 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