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Home My WebLink About20242612.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOSE MENDOZA 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, Jose Mendoza, 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 Zoning Compliance Violation, ZCV21-00349, 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 September 19, 2022, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: February 27, 2023: $3,150.00 for the period of September 19, 2022, through and including January 22, 2023; November 8, 2023: $6,475.00 for the period of January 23, 2023, through and including October 8, 2023 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 $8,250.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 9, 2023, through and including September 2, 2024 (a period of 330 days), be, and hereby is, approved. Cc :PL(ER/MN/cv/Zc/NB/Wt), CA(88/KM/AS), TRCT3G/RFi to/i442.4 2024-2612 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOSE MENDOZA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of October, A.D., 2024. ATTEST: C.A�,�� J G1 , ✓A:ck Weld County Clerk to the Board Deputy Clerk to the Board APPED A ,. FORM: County, 0 : rney 10 Date of signature: �2 BOARD OF COUNTY COMMISSIONERS WELD COUNT , 2024-2612 PL0824 TO: Board of County Commissioners FROM: Adria Schiel, Assistant County Attorney DATE: October 2, 2024 SUBJECT: Special Assessment Certifications for Zoning and Building Violations. As you know, we periodically request your certification of certain civil penalties as special assessments to be collected along with property taxes. All these requests are based upon orders issued from the Weld County Court after internal review by the Department of Planning Services and the County Attorney's Office. In most cases, the property owner admits that there is a violation of the Weld County Code, agrees to pay an initial fine, and agrees to a plan with deadlines to fix the issue. This plan becomes an order of the court. Even after the deadlines pass, staff works with property owners who are making good faith efforts to fix the problem and does not ask the court to enforce the agreement by entering a daily penalty order. If the deadlines pass and no significant progress is made, then the County Attorney asks the court for a hearing where we prove that the violation still exists, and the property owner hasn't done what they agreed to do. In other cases, the daily penalty was ordered after the County proved the violation to the court at trial, or the property owner refused to engage with the court process and a default judgement was issued. Once the property owner fixes the problem and has paid the initial fine, Planning Services closes the violation, and the County Attorney files a motion with the court to waive any penalties not certified to the Treasurer and dismiss the case. Per Weld County Code section 23-10-40(A), any penalties not paid within 30 days may be certified to the County Treasurer as a special assessment. Hearings Scheduled for October 2, 2024 Jesus Vega (NB1 John Krenzelok (NB} • 1707 Cedar Ave • 39538 Boulevard B, Eaton • Case 19C30835; ZCV18-00172 • 2021C34313 • $50 daily penalties beginning 9/2/2022 • $50.00 per day penalty beginning on • Violations: commercial trucking and 3/21/2022 storage operation without an approved • Violations: unpermitted manufactured Site Plan Review as well as presence of derelict passenger vehicles structure, occupied trailer/rv, noncommercial junkyard, accessory • 10/9/2023 up to and including 9/2/2024 structures without a primary use is 330 days. • 10/12/2023 up to and including 9/2/2024 • $50.00 x 330 = $16,500.00 is 327 days. • $50.00 x 327 = $16,350.00 1 2024-2612 10/7, PLa Z4 Frank and Yrene Martinez (CV) County Road 55 parcel no 029733400009 Case 21C37057; ZCV21-OO159 $50 daily penalties beginning 8/14/2023. Violations: accessory uses without a principal use including a noncommercial junkyard; commercial vehicles, accessory structures without permits and occupied camper/trailer RVs 10/9/2023 up to and including 9/2/2024 is 330 days. $50.00 x 330 = $16,500.00 Steven Wood (CV) 4223 Grand Teton Rd., Greeley Case 23C30192; BCV21-00026 Default Judgment $15 daily penalty ordered to begin on 2/6/2023 Violations: fire damage, no mechanical permits, electrical permits, or plumbing permits 10/9/2023 up to and including 9/2/2024 is 330 days. $15.00 x 330 = $4,950.00 Roger Hill and Sheryl Hill (CV) • 25056 CR 76, Eaton ZCV21-00356; 22C33533 $100.00 daily penalty beginning 5/13/2023 Violations: Commercial storage operation without permit, noncommercial junkyard 10/8/2023 up to and including 9/2/2024 is 331 days. $100.00x331=$33,100.00 Jerry Dill (CV) • 3108 O Street, Greeley 2021C32551 $10.00 per day penalty to begin on 8/20/2021 Violations: unpermitted mobile home, unpermitted commercial storage business, commercial vehicles, noncommercial junkyard, derelict vehicles 10/19/2023 up to and including September 2, 2024 is 320 days. $10.00 x 320 = $3,200.00 Jose Mendoza (CV) 1401 N 26th Ave, Greeley Case 22C31938; ZCV21-00349 $25 daily penalty beginning 9/19/2022 Violations: noncommercial junkyard including derelict vehicles and other debris 10/9/2023 up to and including 9/2/2024 is 330 days. $25.00 x 330 = $8,250.00 Mauro Rodriguez and Louisa Rodriguez (JCS 6711 County Road 21, Fort Lupton Case 22C32836/ ZCV21-OO317 $20.00 daily penalty beginning 12/5/2022 Visible noncommercial junkyard, multiple commercial vehicles, unpermitted accessory building and unpermitted electrical work 10/8/2023 up to and including 9/2/2024 is 331 days $20.00x331=$6,620.00 2 Juan C Gallardo and Silva Gallardo (JC) • 16375 Good Avenue • Case 22C32065/ZCV21-00260 • $25.00 daily penalty beginning 8/8/2022 • Violations: commercial vehicles without required land use permit, occupied RV 10/9/2023 up to and including 9/2/2024 is 330 days. $25.00 x 330 = $8,250.00 Melina Sabanovic (JC) • Unbuilt lot on Good Avenue, Ft. Lupton Case 18C37496; ZCV18-OO166 $25 daily penalty beginning 08/05/19 Violations: noncommercial junkyard, persons living in camper/ry 10/19/2023 up to and including 9/2/2024 is 320 days. $25.00 x 320 = $8,000.00 3 Jose Mendoza 325 23r° Avenue Greeley, CO 80631-1549 Jose Mendoza, WELD COUNTY ATTORNEY'S OFFICE 1150 O STREET P.O. BOX 758 GREELEY, CO 80632-0758 WEBSITE: www.weld.ciov PHONE: (970) 336-7235 FAX: (970) 352-0242 Notice of Certification of Lien to Weld County Treasurer September 18, 2024 SENT VIA CERTIFIED AND FIRST CLASS MAIL This letter is to provide you with notice of Weld County's intent to certify certain liens on your property to the Weld County Treasurer. As you know, the County Court found your property 1401 N. 26th Ave, Greeley, to be in violation of the Weld County Code. On October 5, 2022, the Court granted the County's Motion for Daily Penalties, finding that your property was still in violation of the Weld County Code, and ordered you to pay a daily Penalty of $25.00 per day beginning on September 19, 2022, and continuing until the zoning violation is removed from the property (Court Order attached). Upon information and belief, the zoning violation still exists on your property. At a public hearing on October 2, 2024, 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 9, 2023, up to and including September 2, 2024. This period totals 330 days for a total of $8,250.00. Please note that the daily penalty will continue to accrue until the property is brought into compliance with the Weld County Code. The total request at the hearing will be g 2501(2. Such lien would have priority over all other security interests, except for taxes. In addition to the $8,250.00, the Weld County Treasurer's fee may increase the lien as permitted by law. You may avoid this hearing and the Treasurer's fee by paying the full amount to Weld County prior to the hearing. Alternative arrangements may be made by contacting Cynthia Villanueva at 970-400-3536. Please feel free to contact me with any questions. Respectfully, Adria Schiel Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: October 5, 2022 3:37 PM Greeley, Colorado 80632 CASE NUMBER: 2022C31938 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY A JOSE MENDOZA, Case Number: 22-C-31938 Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on September 19, 2022, for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on June 8, 2022. Plaintiff was represented by Assistant Weld County Attorney Matthew Conroy, and Defendant, Jose Mendoza, did not 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 violations within the unincorporated area of Weld County pursuant to C.R.S. §30-28-124.5 and Weld County Code §23-10-40. Defendant was properly served on April 21, 2022. Defendant consented to the Court's jurisdiction and entered into a stipulation on June 3, 2022, which was approved and ordered by the Court on June 8, 2022 (the "Stipulation"). In the Stipulation, Defendant agreed to obtain a Floodplain Hazard Development Permit and screen the junkyard by July 15, 2022, or in the alternative remove the junkyard by July 15, 2022. 2. Defendant owns and/or occupies the property located at 1401 N 26`h Ave, Greeley, Colorado, 80631, in unincorporated Weld County (the "Property"). The Property is zoned (A) Agricultural. 3. Per the Stipulation, Defendant agreed that the Property was in violation of the Weld County Code Chapter 23 due to the presence of an unscreened noncommercial junkyard. Weld County Code Compliance Officer Bethany Pascoe inspected the property on September 13, 2022. As detailed by the testimony of Ms. Pascoe, and as depicted in the photographs admitted into evidence as Exhibits A and B, the Property still contains a noncommercial junkyard with derelict vehicles, scrap metal, plastic, and other debris. Ms. Pascoe also testified that at this time Mr. Mendoza has not obtained a Floodplain Hazard Development Permit which would be required to screen the junkyard. 4. With the presence of the unscreened derelict vehicles, scrap metal, plastic and other debris, the Court finds that removal or screening of the noncommercial junkyard by July 15, 2022, did not occur. These are both violations of Weld County Code Chapter 23 and material breaches of the Stipulation. 5. Defendant agreed to remedy all the violations on the Property as set forth in the Stipulation but has failed to do so. The Court finds that Plaintiff has proven by a preponderance of the evidence that the Property is in violation of the Weld County Code and that Defendant has materially breached the Stipulation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 6. A $25.00 per day penalty is ordered due to the continuing violation, as stipulated by the parties. The penalty will begin on September 19, 2022, and it will continue until further order of this Court. SO ORDERED. October 5, 2022 Randall C. Lococo `" Date Weld County Court Magistrate ZCV21-00349; 22C31938 Jose Mendoza 1401 NORTH 261H AVENUE Violations: Noncommercial junkyard including derelict vehicles and other debris * September 19, 2022 ($25.00 daily penalty imposed) * October 9, 2023 up to and including September 2, 2024 = 330 days * $25.00 / Daily @ 330 days = $8,250.00 rWELD COUNTY ONLINE MAPPING l 1;r -{r► fir t1 $ r 0 I Motion t: RItskjef Gcrvcr Legend rj Parcels Highway County Boundary 771, WELD COUNTY is ONLINE MAPPING Fort cans • Z o land 3wider Lu • • Legend Parcels Zoning ■ A (Agricultural ) ■ • ■ A-1 (Concentrated Animal) C-1 (Neighborhood Commercial) C-2 (General Commercial) C-3 (Business Commercial) C-4 (Highway Commercial) E (Estate) I-1 (Industrial) 1-2 (Industrial) 1-3 (Industrial) PUD (Planned Unit Development) R-1 (Low Density Residential) R-2 (Duplex Residential) R-3 (Medium Density Residential) R-4 (High Density Residential) R-5 (Mobile Home Residential ) Highway County Boundary rR L in Ui I- Ln IL rR ru ru U.S. Postal Service"' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.cort OFFIC!' _. tb- .slat Certified Mail Fee S Postmark Here Extra D Services & Fees (check box, add fee as appropriate) Return Receipt (harncopy) S • Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery S ❑ Adult Signature Required $ ■ Adult Signature Restricted DOV0rY S 'Postage IS Total Postage and Fees $ Sent To Jose . eese- ,�/.nMendoza• �.'�'. -•+�.eeee. �.N.a N�.Y�YNM\1 _.l eet arxf t • \Y. or PO Sox No. _`'Zyr)M�}�.. 32 23rd Avenue - ;-- -. _ ' abls S ZIP4-44 tee+.ey CO 80631-1549 PS Form 3800, April 2015 PSN 753O -O2-000-9097 See Reverse.for Instructions WELD COUNTY ATTORNEY'S OFFICE 1150 O STREET '" PO BOX 758 GREELEY CO 80632-075 8 �5N i FI �' 11111`n�ll 7022 1670 00101 2659 5351 JOSE MENDOZA 325 23RD AVE GREELEY CO R06' 1-1549 US POSTAGE o QEY BONES 44erreglestaLIWOSINS ZIP 30831 $ 009 64° 02 4fl 0000.335769 SEP 18 2024 ter I It Sam .4. oat/ ;f S. v} .\ v P .•h WISP 0 - Q/. ..m a - N TO D; s 1 Z . irk i tii fi ?V 4"v 1-3 V. l i tJ lit 4- ; t t:s • ,• J#4d41444 3 27 02 981r/63 0910 i• .1t3'.•$• . n7 co 0632075 8P-:Zi 3 d' --' l i ; • i • 3 t •, . gk Houstan Aragon From: Sent: To: Cc: Subject: Attachments: Diane Beckman Monday, September 30, 2024 11:33 AM CTB Adria Schiel Proof of Certified Mail Green Card for Jose Mendoza 1869_001.pdf Good morning, this case is set on the BOCC's agenda for 10/2/24. FYI — the letter sent via regular mail was returned last Thursday, 10/26/24. Adria asked that I send it to the following address that I found on Accurint: 105 23rd Avenue Court, Greeley 80631. Time did not permit us to send another letter certified. Thanks! Please Note: My working hours are Monday -Thursday 8-4:00 p.m. Diane F ecleruavn, Paralegal Weld County Attorney's Office 1150 "O" Street, P.O. Box 758 Greeley, CO 80632 (970) 400-4388 STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. From: CM103-05550@co.weld.co.us <CM103-05550@co.weld.co.us> Sent: Monday, September 30, 2024 11:25 AM To: Diane Beckman <dbeckman@weld.gov> Subject: Attached Image 1 Hello