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HomeMy WebLinkAbout20260313 Resolution Approve Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — Sandra Eskildsen 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, Sandra Eskildsen, 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, CCV24-00182, 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 July 14, 2025, and 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. Whereas, the Board of County Commissioners of Weld County, Colorado, found that the Certification of $3,150.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from July 14, 2025, through and including November 16, 2025 (a period of 126 days) be continued to February 11, 2026, to allow the property owner further time, and Whereas, on February 11 , 2026, the Board of County Commissioners of Weld County, Colorado, found that the Certification of $4,600.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from July 14, 2025, through and including January 13, 2026 (a period of 184 days) be, approved. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Certification of$4,600.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from July 14, 2025, through and including January 13, 2026 (a period of 184 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 11th day of February, A.D., 2026: [Insert Resolution Attestation Block Post Meeting] 2026-0313 PL0824 *►4%.� 86� Weld County Attorney's Office a) (970) 336-7235 I r. !''' p / 1150 O St.,P.O. Box 758 r c o N TY Greeley,CO 80632 (1; NOTICE OF HEARING January 26, 2026 ESKILDSEN SANDRA 3100 COUNTY ROAD 17 BRIGHTON, CO 80603 SANDRA ESKILDSEN, At a public hearing on February 11,2026,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 July 14,2025 up to and including January 13, 2026. This period totals 184 days for a total of$4,600.00. 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 2026-0313 Z PL( Zy- COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Colorado 80632 DATE FILED Phone Number: (970) 475-2400 July 17, 2025 6:58 PM CASE NUMBER: 2025C32403 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, A FOR COURT USE ONLY A v. SANDRA ESKILDSEN, Case Number: 25-C-32403 Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on July 14, 2025, for an evidentiary hearing. Plaintiff was represented by Assistant Weld County Attorney Adria Schiel, and Defendant, Sandra Eskildsen, appeared pro se. Testimony was heard from Nicole Brick, Weld County Building Compliance Officer, and Defendant Sandra Eskildsen. Based upon the testimony of the parties and Plaintiff's admitted Exhibits A through L, 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. Defendant was properly served on April 6, 2025. 2. Defendant owns and/or occupies the property located at 3100 WCR 17 in unincorporated Weld County(the"Property"). The Property is zoned(A)Agricultural. 3. The Court takes judicial notice of an eviction case filed in 25-C-857. 4. The Court finds that the Plaintiff has proven by a preponderance of the evidence that the property is in violation of the Weld County Code due to the presence of a non-commercial junkyard. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 5. A $25.00 per day penalty is ordered due to the violation. The penalty will begin on July 14, 2025, and will continue until further order of this Court. SO ORDERED. July 17, 2025 Annette J. Kundelius Date Weld County Court Magistrate WELD COUNTY GOVERNMENT 1 :40 Department of Planning Services CCV24 - 00182; 24 - C - 32403 Sandra Eskildsen 3100 County Road 17, Brighton weld.gov WELD COUNTY GOVERNMENT Department of Planning Services COUNTY,CO Violations : Unscreened noncommercial junkyard, commercial vehicles, too many semi-trailers * July 14, 2025 ($25 daily penalty imposed) * July 14, 2025 up to and including January 13, 2026 = 184 days * $25 / Daily @ 184 days = $4,600.00 12/09/2025 owner spoke with Attorney's office weld.gov WELD COUNTY GOVERNMENT =-=" Department of Planning Services COUNTY,CO Aerial ViewJAres 12/4/2025 2 3549 Pr., • . R • A 17.10 • er _ �-=11.3 • „„„,= „oa • • • 8,29e004 flm-.s Scale 1 3642 Data layers that appear on this map may or may A Notes. not be accurate current or otherwise reliable DISCLAIMER This product has been developed solely for internal use only by Weld County The G15 database applications and data in the product is subtect to constant change and the accuracy and -_ completeness cannot be and is not guaranteed. The designation of lots or parcels or land uses in the database does not imply that the lots or parcels were legally created or that the land uses comply with 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 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 WELD COUNTY GOVERNMENT Department of Planning Services COUNTY,CO Zoning in the Area '�,.,�OzS"b`y PM MD. DE) osog c Egp 8396 852 Scale: 1 4789 Data layers that appear on this map nyy or may A Notes. not be accurate WI rent.or otherwise reliable !/�\ DISCLAIMER. This product has been developed solely for internal use only by Weld County The GIS database.applications and data in the product is subject to constant change and the accuracy and completeness cannot be and is not guaranteed.The designation of lots or parcels or land uses in the database does not imply that the lots or parcels were legally created or that the Land uses comply with -_ 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 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 WELD COUNTY GOVERNMENT Department of Planning Services COUNTY,CO 02/03/2026 J e � 2026/02/03 weld.gov WELD COUNTY GOVERNMENT " =° Department of Planning Services WELff COUNTY,Cilkip O "' _ N _ ,. Ii it\ fr. . , rwr NW rI • tOSIgN '1266 'i Y . 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