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HomeMy WebLinkAbout20253470 Resolution Approve Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — Ivy Valdez 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, Ivy Valdez, 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, ZCV22-00113, 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 November 6, 2023, and Whereas, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: • September 30, 2024: $7,500.00 for the period of November 6, 2023, through and including August 31, 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 $11 , 050.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from September 1 , 2024, through and including November 16, 2025 (a period of 442 days), be, and hereby is, approved. 2025-3470 PL0824 Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — Ivy Valdez 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] 2025-3470 PL0824 Weld County Attorney's Office i� j r --I g�, (970) 336-7235 T' 1 ,, 1150 0 St., P.O. Box 758 kik 'U N s' Greeley, CO 80632 NOTICE OF HEARING DECEMBER 1, 2025 IVY VALDEZ 19714 CR 50.5 LASALLE CO 80645 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 August 31, 2024 up to and including November 16, 2025. This period totals 443 days for a total of$11,075.00. 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.(f4;-7912 Adria Schiel Assistant Weld County Attorney 2025-3470 2/ 5 PLO 2- -t COUNTY COURT,WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DAT F, FILED: December 1, 2023 4:13 PM Greeley,Colorado 80632 CASE NUMBER: 2023C31567 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. IVY VALDEZ, Case Number: 23-C-31567 Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on November 6, 2023, for an evidentiary hearing. Plaintiff was represented by Assistant Weld County Attorney Adria Schiel, and Defendant, Ivy Valdez, appeared pro se. Testimony was heard from Cynthia Villanueva, Weld County Building Compliance Officer, and Defendant Ivy Valdez. 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). The Court took judicial notice of the Stipulation, which was approved and ordered by the Court on June 7, 2023. 2. Defendant owns and/or occupies the property located at 19714 CR 501/2, Greeley Colorado, in unincorporated Weld County (the "Property"). The Property is zoned (A) Agricultural. 3. Based upon the sworn testimony of the parties and the exhibits filed with the Court, the court finds that the Defendant has violated the stipulated agreement. 4. The Court finds the on October 30, 2023, there was more than two commercial vehicles on the property. 5. The Court finds that Plaintiff has proven by a preponderance of evidence that the property is in violation of the Weld County Code. IT IS THEREFORE ORDERED,ADJUDGED AND DECREED: 6. A $25.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty will begin on November 6, 2023, and will continue until further order of this Court. SO ORDERED. December 1, 2023 A E . 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