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HomeMy WebLinkAbout20253471 Resolution Approve Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — Daniela Flores 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, Daniela Flores, 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, ZCV22-00003, 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 January 8, 2024, and Whereas, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: • September 30, 2024: $5,925.00 for the period of January 8, 2024, 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. 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] 2025-3471 PL0824 ok- Gael '".•• Weld County Attorney's Office ir '-- j (970)336-7235 1150 0 St.,P.O. Box 758 •• Co u N T - ' Greeley, CO 80632 NOTICE OF HEARING DECEMBER 1, 2025 DANIELA FLORES PO BOX 339 MILLIKEN CO 80543 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 02, 2024 up to and including November 16, 2025. This period totals 472 days for a total of$11,800.00. 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, 1:41;41dr/ Adria Schiel Assistant Weld County Attorney 2025-3471 I Z/l 5 P L 6�sL-- COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: January 23, 2024 12:49 PM Greeley, Colorado 80632 CASE NUMBER: 2022C34238 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. DANIELA EDITH FLORES, Case Number: 22-C-34238 Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on January 8,2024, for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on September 19, 2022. Plaintiff was represented by Assistant Weld County Attorney Adria Schiel,. and Defendant, Daniela Flores, appeared pro se. Testimony was heard from Cynthia Villanueva, Weld County Building Compliance Officer, and Defendant Daniela Flores. 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). Defendant was properly served on August 4, 2022. Defendant consented to the Court's jurisdiction and entered into a stipulation on September 16, 2022, which was approved and ordered by the Court on September 19, 2022. 2. Defendant owns and/or occupies the property located at 0 N Ethel Ave (PARCEL NUMBER: 105911101003), 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 presence of un-permitted commercial operation, including but not limited to multiple commercial vehicles parking on site as well as the presence of multiple occupied/trailer-RV's. The Defendant agreed to remove all occupied camper/trailer RV's and commercial vehicles by November 18, 2022. 4. The Defendant agreed to remedy all of the violations on the property as set forth in the stipulation but has failed to do so because there are still occupied RV's and commercial vehicles on the property. 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: 5. A $25.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty will begin on January 8, 2024, and will continue until further order of this Court. SO ERED. _ January 23, 2024 Annette J. Kundelius Date Weld County Court Magistrate WELD COUNTY GOVERNMENT Department of Planning Services COUNTY,CO ZCV22 - 00003; 22 Daniela Flores 0 N . Ethel Ave., Milliken weld.gov WELD COUNTY GOVERNMENT Department of Planning Services COUNTY CO Violations: Occupied camper/RVs & commercial parking/storage without principal use * January 8, 2024 ($25 daily penalty imposed) * September 01 , 2024 up to and including November 16, 2025 = 442 days * $25 / Daily @ 442 days = $11 ,050.00 Last Contact 12/05/2025 weld.gov WELD COUNTY GOVERNMENT wEita,,,,, Department of Planning Services COUNTY,CO Aerial View ' a i ______________<:7 IT s. • r �,// 233 lbw lct , • vh+' IF e ...• ' R NI 4Fra a 's ill . - . ` '! �*4 l, t i 1 •. 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