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Home My WebLink About20253465 Resolution Approve Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — Baudel Tortoledo Hernadez 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, Baudel Tortoledo Hernadez, 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, ZCV21-00140, and upon Weld County's motion, the County Court ordered the Defendant to pay $25.00 for each day that the property remained in violation of the Weld County Code, beginning on June 6, 2022, and Whereas, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: • November 9, 2022: $3,450.00 for the period of June 6, 2022, through and including October 9, 2022; • November 11 , 2023: $9,175.00 for the period of October 10, 2022, through and including October 11 , 2023; • October 7, 2024: $8,300.00 for the period of October 12, 2023, through and including September 7, 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 $10,850.00 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 16, 2025 (a period of 434 days), be, and hereby is, approved. 2025-3465 PL0824 Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — Baudel Tortoledo Hernadez 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] 2025-3465 PL0824 {�='80 _ ... Weld County Attorney's Office 1. ,`, ,r\ a' \, (970) 336-7235 �� i 1 r - 1150 O St., P.O. Box 758 f.��}}'��- .c o.u N T -- Greeley, CO 80632 thIsI .i. Jt•I NOTICE OF HEARING DECEMBER 1, 2025 HERNANDEZ BAUDEL TORTELEDO 15125 GOOD AVE FORT LUPTON, CO 80621 BAUDEL HERNANDEZ, 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 October 07, 2024 up to and including November 16, 2025. This period totals 406 days for a total of$10,150.00. 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 -lif'''''fr( dria Schiel Assistant Weld County Attorney 2025-3465 l2/i5 PLO`3Z/-1- COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street,P.O. Box 2038, DATE FILED: June 14, 2022 1:51 PM Greeley, Colorado 80632 CASE NUMBER: 2022C30184 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. BAUDEL TORTOLEDO HERNANDEZ Case Number: 22-C-30184 Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on June 6, 2022, for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on March 14, 2022. Plaintiff was represented by Assistant Weld County Attorney Caitlin Perry, and Defendant, Baudel Tortoledo Hernandez, appeared via Webex with a court interpreter. Testimony was heard from Bethany Pascoe, Weld County Compliance Officer, and the Defendant. 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) §23-3-45, WCC §23-3-50 and WCC §23-3-70. Defendant was properly served on February 5, 2022. Defendant consented to the Court's jurisdiction and entered into a stipulation on March 4, 2022,which was approved and ordered by the Court on March 14, 2022. 2. Defendant owns and/or occupies the property located at 15125 Good Avenue, Fort Lupton, Colorado, 80621 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 construction of a detached accessory structure along with additional structures built on the subject property without permits that do not meet setbacks or offsets and may also exceed the ten percent lot coverage rule. Defendant agreed to resolve the violations by removing, relocating, or permitting (through the Board of Adjustment variance process) all structures on the property that do not meet setbacks or offsets. He specifically agreed to 1) submit a complete Board of Adjustment application or remove the structures violating the code by April 7, 2022; 2) contact the code compliance officer to arrange an inspection of the property; and 4)pay an initial financial penalty in the amount of$25.00. If the Defendant chose to go through the variance process additional terms and deadlines were required but are no longer relevant because the Defendant did not submit a complete Board of Adjustment application by April 7,2022. 4. Weld County Compliance Officer, Bethany Pascoe, inspected the property on May 31, 2022.As detailed by the testimony of Ms. Pascoe,and as depicted in the photographs admitted into evidence as Exhibits 1 and 2, the Property still contains the unpermitted structures that do not meet setbacks or offsets and may also violate the ten percent lot coverage rule. In addition, the stipulated deadline, April 7, 2022, for Defendant to correct the violations expired several months ago. 5. The Court finds that the property still contains unpermitted structures that do not meet setbacks or offsets and may also violate the ten percent lot coverage rule in violation of the Weld County Code, that none of the stipulated terms were completed by April 7, 2022, 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 $25.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty will begin on June 6, 2022, and will continue until further order of this Court. SO June 14, 2022 Randall C. Lococo Date Weld County Court Magistrate WELD COUNTY GOVERNMENT Department of Planning Services COUNTY,CO ZCV21 - 00140; 21 - C - 30184 Baudel Tortoledo Hernandez 15125 Good Ave., Fort Lupton weld.gov WELD COUNTY GOVERNMENT Department of Planning Services COUNTY,CO Violations : Unpermitted structure — does not meet setbacks * June 6, 2022 ($25 daily penalty imposed) * September 08, 2024 up to and including November 16, 2025 = 434 days * $25 / Daily @ 434 days = $ 10,850.00 02/18/2025 email from planning unanswered weld.gov WELD COUNTY GOVERNMENT 1311u1=.-,,,,,-= Department of Planning Services COUNTY,CO Aerial View 4Lps,p 1234202530607 PM p. 1:lliallii r , . . irvtii,„,,,,,,,_,„.,,,,„,... . . ., • Illt , .. • ■ F vim. >* 1 ilip etel,Aii .— _• Ir_•y"�> • ' . :"`t.. + ,'ems �e• }.. ll '. :�■a Scale 1 753 Data layers that appear on thn 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 appinahons and data in the product is subject to constant change and the accuracy and completeness canna be and rs not guaranteed The designation of lots or parcels or land uses in the database does not imply that the lots or parcels were legally cleated or that the land uses comply with app6uble 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.OR 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 COUNTY,CO Zoning in the Area avW 12/4/ s;d5,1 PM • ARISTOCRAT RAkCIETTES 2TD FG • 15175 15075 • • • • • _ _ - -- oDCW Scale 1:573 Data Layers that appear on the map may or may A Notes. not be accurate current or otherwise reliable DISCLAIMER The product has been deoe4oped solely for internal use only by Weld County.The GIS database applcatront and data in the product n subject to constant change and the accuracy and completeness cannot be and n not guaranteed The des gnatwn of lots or parcels or land uses in the database does not imply that the can or parcels were legally created or that the land uses comply wish 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 GOVERNMENT COUNTY,co Department of Planning Services 03/30/2021 . .,. . ‘,.2, ,,, :.,: ,.:ti.:',Itt,. , :,,,,.116; .7.: ,,,..1.4%,-. . ,- --- f‘' • I'''•,„' „ . ... „ ,.,,, •. , jpeiv', .... , ,, ,.,., A 4 .. .•-•:4-.-11...,:".m -1';: - ,r,, ' sA tit'll j ,,,,„ ‘ ;i i'.. ,f,* 1:e.' ., ' ' V...,'-'' '' .•.''.,, ' '1' 4,"k7i. 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