HomeMy WebLinkAbout20253468 Resolution
Approve Certification to Weld County Treasurer for County Compliance Violation
Penalties as Special Assessment — Andres Benjamin Hernandez, Jr.
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, Andres Benjamin Hernandez, Jr.,
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, ZCV21-00290, and upon Weld County's
motion, the County Court ordered the Defendant to pay $40.00 for each day that the
property remained in violation of the Weld County Code, beginning on March 7, 2022,
and
Whereas, on the following dates, the Weld County Board of Commissioners certified daily
penalties for the following amounts:
• June 22, 2022: $3,130.00 for the period of March 7, 2022, through May 22,
2022;
• November 14, 2022: $5,600.00 for the period of May 23, 2022, through
October 9, 2022;
• November 13, 2023: $14,680.00 for the period of October 10, 2022, through
and including October 11, 2023;
• October 7, 2024: $13,280.00 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 $17,400.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from September 8,
2024, through and including November 16, 2025 (a period of 435 days), be, and hereby
is, approved.
2025-3468
PL0824
Certification to Weld County Treasurer of County Compliance Violation Penalties as
Special Assessment — Andres Benjamin Hernandez, Jr.
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]
2025-3468
PL0824
•
Weld County Attorney's Office
,r _ 'A'' (970)336-7235
�� r 1150 O St., P.O. Box 758
4;' c o;uN T Greeley, CO 80632
..
NOTICE OF HEARING
DECEMBER 1, 2025
HERNANDEZ ANDRES B
11523 CHRISTIAN ST
FORT LUPTON CO 80621
To Whom It May Concern,
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 07, 2024 up to and
including November 16,2025. This period totals 436 days fora total of$17,440.00.
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>(,/...t.0'224-wre
Adria Schiel
Assistant Weld County Attorney
2025-3468
I ZAS PLODZ4-
COUNTY COURT,WELD COUNTY, COLORADO
Court Address: 915 Tenth Street,P.O. Box 2038, DATE FILED: March 18, 2022 3:09 PM
Greeley, Colorado 80632 CASE NUMBER: 2022C30195
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.
ANDRES BENJAMIN HERNANDEZ JR, Case Number: 22-C-30195
Defendant. Division: C
ORDER CORRECTING CLERICAL ERROR
This matter came before the Court on Plaintiff's Motion for Correction of Clerical Error.
The Court, having reviewed the Plaintiff's Motion and after reviewing the entire record herein,
and being fully advised, DOTH HEREBY ORDERS:
1. The Order for Default Judgment dated March 14, 2022 is amended to read:
"IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
1. The Defendant, ANDRES BENJAMIN HERNANDEZ JR, is in default.
2. A $40.00 per day penalty is ordered due to the continued violation. The penalty
will begin on March 7, 2022 and will continue until further order of this Court.
3. A $50.00 initial penalty is ordered due to the violation."
SO OR
March 18, 2022
Magistrate Randall ococo Date
WELD COUNTY GOVERNMENT "F
Department of Planning Services COUNTY,CO
ZCV21 - 00290; 22 - C - 301 95
Andres Hernandez, Jr.
11523 Christian St., Wattenburg
weld.gov
WELD COUNTY GOVERNMENT 11-1:":0‘U
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Department of Planning Services NTY
Violations:
Occupied camper/RVs & noncommercial junkyard in a 100-year
floodplain
* March 7, 2022 ($40 daily penalty imposed)
* September 08, 2024 up to and including
November 16, 2025 = 435 days
* $40 / Daily @ 435 days = $17,400.00
Last contact 10/09/2024
weld.gov
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