HomeMy WebLinkAbout20253466 Resolution
Approve Certification to Weld County Treasurer for County Compliance Violation
Penalties as Special Assessment — Juan and Silvia Gallardo
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, Juan and Silvia Gallardo, 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, ZCV21-00260, 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 August 8, 2022,
and
Whereas, on the following dates, the Weld County Board of Commissioners certified daily
penalties for the following amounts:
• November 8, 2022: $10,700.00 for the period of August 22, 2022, through and
including October 8, 2023;
• October 2, 2024: $8,250.00 for the period of October 9, 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 $10,975.00 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 439 days), be, and hereby
is, approved.
2025-3466
PL0824
Certification to Weld County Treasurer for County Compliance Violation Penalties as
Special Assessment — Juan and Silvia Gallardo
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]
2025-3466
PL0824
i.* .#� Weld County Attorney's Office
'r (970) 336-7235
1150 O St., P.O. Box 758
' p U N T Greeley, CO 80632
1:fJ r i�
NOTICE OF HEARING
DECEMBER 1, 2025
GALLARDO JUAN & SILVIA
16375 GOOD AVE
FORT LUPTON, CO 80621
JUAN & SILVIA GALLARDO,
At a public !marina 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 02, 2024 up to and
including November 16, 2025. This period totals 411 days for a total of$10,275.00.
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,
Adria Schiel
Assistant Weld County Attorney
2025-3466
IZA5 PL027 -
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Avenue, P.O. Box 2038, DATE FILED: December 23, 2022 11:48 AM
Greeley, CO 80632 CASE NUMBER: 2022C32065
Phone Number: (970)475-2400
♦FOR COURT USE ONLY •
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Case Number: 22-C-32065
Plaintiff,
Division: C
v.
JUAN C. GALLARDO and SILVIA L. GALLARDO,
Defendants.
ORDER FOR DEFAULT JUDGMENT
THIS MATTER comes before the Court on Plaintiff's motion for default
judgement that came before the Court via PPJ sheet on August 8, 2022. The Court has
reviewed the motion as well as the Affidavit filed in this case; and being otherwise fully
advised in the premises, hereby finds:
1. The Plaintiff commenced this suit by filing its Complaint with the Court
on April 13, 2022.
2. The Plaintiff brought this action against the Defendants pursuant 30-28-
124.5(1), C.R.S. and the Weld County Code for violations of sections 23-3-45, 23-3-50,
and 23-3-55 at 16375 Good Avenue, Weld County, Colorado. Specifically the violations
are the parking of at least 1 (one) Commercial Vehicle without the required land use
permit and the presence an occupied camper/trailer-RV.
3. Service was made upon Silvia Gallardo on July 6, 2022, by the service of
the Alias Summons and a copy of the Complaint, Answer, Stipulation and Case
Management Order. A copy of the return of service was properly filed with the Court on
July 7, 2022.
4. The Defendants have not filed an answer as outlined in C.R.C.P. 312, or
any answer as of the date of this Order.
5. The Defendant is in default, and the Plaintiff is entitled to the relief
requested in the Motion for Default Judgement.
6. Venue has been considered and is proper in this Court as the subject
property is within the County of Weld, State of Colorado.
7. The Motion for Default Judgment is HEREBY GRANTED
IT IS ORDERED that the Defendant pay an initial penalty of$50.00 and a daily
penalty of$25.00 which shall begin as of the Minute Order on August 8, 2022, and shall
continue until further order of this Court.
December 23, 2022
DATED:
BY THE COURT:
RANDALL C. LOCOCO
County Court Magistrate, 19th Judicial District
WELD COUNTY GOVERNMENT
Department of Planning Services
ZCV21 - 00260., 22 - C - 32065
Juan & Silvia Gallardo
16375 Good Ave., Fort Lupton
weld.gov
WELD COUNTY GOVERNMENT Department of Planning Servicesvumoa",sri,''
Violations :
Parking of commercial vehicles
* August 8, 2022 ($25 daily penalty imposed)
* September 03, 2024 up to and including
November 16, 2025 = 439 days
* $25 / Daily @ 439 days = $10, 975.00
09/26/24, attempted to contact
weld.gov
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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 PRODUCE NOR ACCEPTS ANY LIABILITY,ARISING FROM ANY INCORRECT INCOMPLETE OR MISLEADING INFORMATION weld.gov
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