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Home My WebLink About20253467 Resolution Approve Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — Mauro and Louisa 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, Mauro and Louisa 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, ZCV21-00317, and upon Weld County's motion, the County Court ordered the Defendants to pay $20.00 for each day that the property remained in violation of the Weld County Code, beginning on December 5, 2022, and Whereas, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: • December 8, 2023: $6,140.00 for the period of December 5, 2022, through and including October7, 2023; • October 2, 2024: $6,620.00 for the period of October 8, 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$8,220.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 2, 2024, through and including November 16, 2025 (a period of 411 days), be, and hereby is, approved. 2025-3467 PL0824 Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — Mauro and Louisa Rodriguez 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] 2025-3467 PL0824 s .r Weld County Attorney's Office p,; 'r,! =i (970)336-7235 "�. F i 1150 O St., P.O. Box 758 �p uN I Greeley,CO 80632 NOTICE OF HEARING DECEMBER 1, 2025 RODRIGUEZ MAURO & LOUISA 6711 COUNTY ROAD 21 FORT LUPTON, CO 80621 MAURO & LOUISA RODRIGUEZ, 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 02, 2024 up to and including November 16, 2025. This period totals 411 days for a total of$8,220.00. 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 2025-3467 COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Colorado 80632 DATE FILED Phone Number: (970)475-2400 January 13, 2023 12:29 PM CASE CASE NUMBER: 2022C32836 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, • Plaintiff, A FOR COURT USE ONLY A v. MAURO RODRIGUEZ and LOUISA RODRIGUEZ, Case Number: 22-C-32836 Division: C Defendants. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on December 5, 2022, for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on July 7,2022.Plaintiff was represented by Assistant Weld County Attorney Matthew Conroy, and Defendants failed to appear. Testimony was heard from Bethany Pascoe, Weld County Code 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). Defendants were properly served on June 14, 2022. Defendants consented to the Court's jurisdiction and entered into a stipulation on July 7, 2022, which was approved and ordered by the Court on July 7, 2022. 2. Defendants own and/or occupy the property located at 6711 County Road 21,Fort Lupton, Colorado 80621, in unincorporated Weld County(the "Property"). The Property is zoned (A) Agricultural. 3. By stipulation, Defendants agreed that the Property was in violation of the Weld County Code due to the presence of a visible noncommerical junkyard, multiple commercial vehicles, an unpermitted accessory building,and unpermitted electrical work.Defendants further agreed to resolve all of these issues by August 19, 2022. Weld County Code Compliance Officer, Bethany Pascoe has inspected the property on multiple occasions, including most recently on November 30, 2022. As detailed by the testimony of Ms. Pascoe, and as depicted in the photographs admitted into evidence as Exhibits 1-5, most of the issues have been resolved as of the date of the inspection, but not the electrical work completed without a permit. 4. The Court finds that the property still contains unpermitted electrical work after the stipulated deadline of August 19, 2022 in violation of the Weld County Code and the Stipulation; and thus Defendants have materially breached the stipulation. 5. Defendants agreed to remedy all of the violations on the property as set forth in the stipulation but have 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 defendants have materially breached the stipulation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 6. At the request of the County, a $20.00 per day penalty is ordered due to the continued violation instead of the stipulated$50.00 per day. The penalty will begin on December 5,2022 and will continue until further order of this Court. At request of the County, execution and collection of this judgement will be stayed for 30 days. SO ORDERED. January 13, 2023 Randall C. Lococo I Date Weld County Court Magistrate WELD COUNTY GOVERNMENTc''NT-td4 Department of Planning Services COUNTY,CO ZCV21 - 00317; 18 - C - 37496 Mario & Louisa Rodriguez 671 1 County Road 21 , Fort Lupton weld.gov WELD COUNTY GOVERNMENT Department of Planning Services COUNTY,CO Violations : Noncommercial Junkyard & unpermitted structures/utilities * December 5, 2022 ($20 daily penalty imposed) * October 02, 2024 up to and including November 16, 2025 = 411 days * $20 / Daily @ 411 days = $8,220.00 09/16/2024 voicemail was left for property owner(s) weld.gov WELD COUNTY GOVERNMENT wma,,,86,., Department of Planning Services COUNTY,CO Aerial View n't I214/202S 32732 PM 4• • i ` ` t•NiillA • II ii \ , • . F• /o ► .rah • • • • Scale: 1:1963 Data layers that appear on the nap may or may A Notes: not be accurate current.or otherwee re aNe DISCLAIMER The product has been developed solely for internal use only by Weld County The GIS database.applications and data in the product n subject to constant change and the accuracy and completeness cannot be and is not guaranteed The designation of lots or parcels or Land uses or the database does not imply that the lots or parcels were legally created or that the land uses comply..nth __ applicable Sate 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 UABIUTY.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 12/4/2025 3.7 04 PM • • :3 • • 6670 a• Pot.LAM • Scale. 1 1493 Data layers that appear on this nap may or man A Notes. not be accurate current or otherwise relable DISCLAIMER The.product has been developed solely for internal use only by Weld County The GIS database.applhat.ons and data in the product is subject to constant change and the accuracy and completeness cannot be and n not guaranteed The desgnahon of lots or parcels or land uses In the database does not.rnply that the lots or parcels were legally created or that the Land uses comply wrth appbcable 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 no6'PIaM ��Z/8'f�l . / ,.+ • , , .- i\ , ` �� _i. t/ f'� F .`F�Lr .+ S,l�,Ft7 t"r'4` 1 7 "7 (r AR�. .°�—�. �.._:. ..._. ._._ (r`7 ?? {{.�,_ ff £w ,4 ., TM • , e ' I C�D(�/O E./6V .x •' • :h Ll:.: ,, ...._ - .-� -._ - _... . .- ____ Aiwa ____ — ' ' .P .F ...—... - a . --..► 'it: 141 lb,L ;r•it j_ . ---- ,...7-_41,a-- i - ri - ---- --_- t - t flisitioD`AiNno3 saainaas bu!uuOId 4o 4uew JodGQ IN3WNN3AO0 A1Nf1O3 a13M WELD COUNTY GOVERNMENT wilm=•_0..,,,,=. 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