HomeMy WebLinkAbout20241261.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY
TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT -
CONSUELO HERNANDEZ
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, Consuelo Hernandez, 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, ZCV20-00215, and upon Weld County's
motion, the County Court ordered the Defendant to pay $20.00 for each day that the property
remained in violation of the Weld County Code, beginning on July 12, 2021, and
WHEREAS, on the following dates, the Weld County Board of Commissioners certified
daily penalties for the following amounts:
November 15, 2021: $2,545.00 for the period of July 12,
2021, through November 15, 2021
September 21, 2022: $5,560.00 for the period of
November 16, 2021, through August 21, 2022
November 14, 2022: $980.00 for the period of August 22,
2022, through October 9, 2022
May 20, 2024: $11,160.00 for the period of October 10,
2022, through April 19, 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.
WHEREAS, at a hearing held on the 20th day of November, 2023, the Board found that
the Certification of $7,480.00 to the Weld County Treasurer to be collected as a special
assessment for the daily violation penalties from October 10, 2022, through October 18, 2023,
(a period of 374 days), be continued to May 20, 2024, at 9:00 a.m., to allow the property owner
further time to bring the property into compliance, and
cc:PL(ER/MN/Cv/3C/148), CA(Q8/Km),
TR(86/RFi, TWPL.
06/to tag
2024-1261
PL0824
CONTINUE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - CONSUELO HERNANDEZ
PAGE 2
WHEREAS, at a hearing held on the 20th day of May, 2024, the Board of County
Commissioners of Weld County, Colorado, were presented with a Certification of $11,160.00 to
the Weld County Treasurer to be collected as a special assessment for the daily violation penalties
from October 10, 2022, up to, but not including, April 20, 2024 (a period of 558 days), and found
that the matter should be continued to August 19, 2024, at 9:00 a.m., to allow the property owner
further time to bring the property into compliance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Certification of $11,160.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from October 10, 2022, up to,
but not including, April 20, 2024 (a period of 558 days), be, and hereby is, continued to August 19,
2024, at 9:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of May, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ,i4J `!4C !,
Weld County Clerk to the Board c�
BY:
Deputy Clerk to the Board
APPDAS
ounty A orney
5
Date of signature: ""I
WELD COUN--TY,- G0L
Kevjp-B,,Ross, Chair
Perry L. Bu ro-Tem
.n
Mike reeman
on Saine
2024-1261
PL0824
TO: Board of County Commissioners
FROM: Adria Schiel, Assistant County Attorney
DATE: May 20, 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 also 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 May 20, 2024
Consuelo Hernandez (JC)
•
3223 CR 19, Fort Lupton
•
Case 21C31839; ZCV20-00215
•
$20 daily penalty beginning 7/12/2021
•
Violations: noncommercial junkyard,
installation of multiple cargo containers
without building permits
•
Last certified 8/22/2022 through
10/9/2022 [2022-3184]
•
Continued from November 20, 2023
•
October 10, 2022 up to but not including
April 20, 2024 (558 days)
•
558 days x $20 per day = $11,160.00
1
2024-1261
5/ZO PL d82g
WELD COUNTY ATTORNEYS OFFICE
1150 O STREET
P.O. BOX 758
GREELEY, CO 80632-0758
WEBSITE: www.weld.gov
PHONE: (970) 336-7235
FAX: (970) 352-0242
Notice of Certification of Lien to Weld County Treasurer
May 14, 2024
Consuelo Maria Hernandez
PO Box 462
Fort Lupton, CO 80621-0462
Consuelo Maria Hernandez,
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 233 County Road 19 to be in violation
of the Weld County Code. On July 12, 2021, the Court entered an Order for Default Judgment, and ordered you to
pay a daily Penalty of $20.00 per day beginning on July 12, 2021 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.
On November 20, 2023, the Board of County Commissioners found that the Certification of $7,480.00 for the daily
violation penalties from October 10, 2022, through October 18, 2023 (a period of 374 days), be continued to May
20, 2024 at 9:00 a.m., to allow the property owner further time to bring the property into compliance. You were
present at this hearing.
At a public hearing on May 20 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 O Street, Greeley, CO 80632. The hearing
will address the penalties for the period October 10, 2022, up to but not including April 20, 2024. This period
totals 558 days for a total of $11,160.00. 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 111 160.00. Such lien would have priority over all other security interests,
except for taxes. In addition to the $11,160.00 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 Jordan Cook at (970) 400-3529. Please feel free to contact
me with any questions.
Respectfully,
Ad ria 3'tff>el
Assistant Weld County Attorney
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038,
DATE FILED: July 19, 202! 4;05 I'M
Greeley, Colorado 80632
CASE NUMBER: 2021O 1539
Phone Number: (970) 475-2400
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
A FOR COURT USE ONLY
Consuelo Maria Hernandez,
Case Number: 21-C-31839
Defendant.
Division: C
DEFAULT JUDGMENT
This matter came before the Court on July 12, 2021 for a return date on summons. Plaintiff
was represented by Assistant Weld County Attorney Gabriel Kalousek, and Defendant failed to
appear. Based upon the foregoing, this Court makes the following findings of fact:
1. This Court has jurisdiction over the subject matter and the parties herein. Defendant was
properly served on April 19, 2021. Defendant failed to appear for the return date on
summons on July 12, 2021 and no Answer has been filed. As a result, this Court enters
default judgment against the Defendant.
2. Plaintiff brings this action for enforcement of zoning violations and Chapter 23 of the Weld
County Code, as permitted by § 30-28-124.5, C.R.S. and Weld County Code.
3. Defendant owns the property located at 3223 CR 19, Weld County, Colorado. This Court
has jurisdiction over the property. The property is being used in violation of the Weld County
Building Code. Specifically, the property is in violation due to the presence of cargo containers
and a noncommercial junkyard.
agistrate Ran all Lococo
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
1. The Defendant is in default.
2. A $20.00 per day penalty is ordered due to the continued violation. The penalty will begin
on July 12, 2021 and will continued until further order of this Court.
3. A $25.00 initial penalty is ordered due to the violation.
July 19, 2021
Date
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