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Home My WebLink About20242609.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING PERMIT VIOLATION PENALTIES AS SPECIAL ASSESSMENT - STEVEN WOOD 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, Steven Wood, 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 Building Permit Violation, BCV21-00026, and upon Weld County's motion, the County Court ordered the Defendant to pay $15.00 for each day that the property remained in violation of the Weld County Code, beginning on February 6, 2023, and WHEREAS, the Board of County Commissioners previously approved the certification of $3,685.00 to the Weld County Treasurer for the daily penalties accruing period from February 6, 2023, through and including October 8, 2023, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $4,950.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 9, 2023, through and including September 2, 2024 (a period of 330 days), be, and hereby is, approved. cc In. (ER/M,N/cv/SG/Nt3/WS./RG), cA(Li(ifte- /As), TRCBG/RF) 10/16/24 2024-2609 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING PERMIT VIOLATION PENALTIES AS SPECIAL ASSESSMENT - STEVEN WOOD PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of October, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUN , ': • +• : e ATTEST: deitifvo Weld County Clerk to the Board B • 1f%(' i Deputy Clerk to the Board AP County ' : rneyl 17,4 Date of signature:la`$ oss, Chair Perry L. Bbk, Pro-Tem reeman K. James USED ri Saine 2024-2609 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 (NB) 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 2024-2609 to/z nLoS24 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. $100.00 x 331 = $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 (JC) 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 $20.00 x 331 = $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 Steven Wood 4223 Grand Teton Rd. Greeley, CO 80631 Steven Wood, WELD COUNTY ATTORNEY'S OFFICE 1150 O STREET P.O. BOX 758 GREELEY, CO 80632-0758 WEBStTE: www.weld.gov 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 located 4223 Grand Teton Road, Weld County, Colorado to be in violation of the Weld County Code. On February 27, 2023, the Court entered an Order for Default Judgment, finding that you failed to file an Answer or otherwise appear on the return date February 6, 2023, and ordered you to pay a daily Penalty of $15.00 per day beginning on February 6, 2023, and continuing until further order of the Court (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 $4,950.00. 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 $4,950. Such lien would have priority over all other security interests, except for taxes. In addition to the $4,950.00, 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: February 27, 2023 9:14 PM Greeley, Colorado 80632 CASE NUMBER: 2023C30192 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY STEVEN R WOOD, Case Number: 23-C-30192 Defendant. Division: C ORDER FOR DEFAULT JUDGMENT This matter came before the Court on February 6, 2023 for a nonappearance return date on summons. Plaintiff was represented by Assistant Weld County Attorney Matthew Conroy, and Defendant failed to Answer or otherwise 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. Plaintiff brings this action for enforcement of building violations pursuant to Chapter 29 of the Weld County Code, as permitted by § 30-28-210 C.R.S. The subject of this action is property located at 4223 Grand Teton Road, Weld County, Colorado. Therefore, this Court has jurisdiction over the property and venue is proper. Defendant was properly served on January 17, 2023. Defendant failed to file an Answer or otherwise appear on the return date February 6, 2023. As a result, this Court enters default judgment against Defendant. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. The Defendant is in default. 2. A $15.00 per day penalty is ordered due to the continued violation. The penalty will begin on February 6, 2023 and will continue until further order of this Court. 3. A $25.00 initial penalty is ordered due to the violation. SO ORDERED. February 27, 2023 Magistrate Annette Kundelius Date BCV21-OOO26; 23C3O192 Steven Wood 4223 Grand Teton Road Violations: Fire Damage Repair without Building Permits * February 06, 2023 ($15 daily penalty imposed — default judgement) * October 09, 2023 up to and including September 2, 2024 = 330 days * $15 / Daily @ 330 days = $4,950.00 Contact began in 04/28/2021 throughout and most recent contact 09/16/24 and 09/27/24 via email Parcels Highway 1 --! County Boundary WELD COUNTY ONLINE' MAPPING L54t3244 „aim•4 4 ., 442 3 4 431143 0i..#111/11V.4% `'��': s,NhSHENANDOAH� ST. .4•?,i ;' ;t1rr � �•r" � � < �.,AC.�.•1 � � _, 4liV_�I��'. ►_�'�7r- �1...�r �YL0/_ u�" , �`•. 1•_`�i1.2��i�� /. /(11 �� /i Legend Notes Cr L ru 11 rR a U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com---. Ira Certified Mail Fee Extra Services & Foes (chock box, add fee as .rop+iato) Q Return Receipt (hardcopy) $ Q Return Receipt (e'cctranic) S ❑ Certified Mal Restricted Delivery $ • Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees $ sent To Steven Wood Sitoof arxlApt. No., or PO !lox Jtiv. Pastrnan< Here 42.23_. Grand _.Teton .__RQad. City, State, 2IA+�! 3 Greeley CO 80631 PS Form 3800, April 2015' PSN 7630.4?.;OGo. %47 See Reverse for Instructions 1 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to; Steven Wood 4223 Grand Teton Road Greeley CO 80631 I 9590 9402 7867 2234 5928 43 i 2. Article Number ffransfer from service label 7022 1670 0001 2659 520 COMPLETE SECTION ON DELIVERY THIS nature ■ Agent 7 ■ Addressee B. Received by (Printed Name) / C. Date of Delivery D. if Is deliver/ address different from item YES, enter delivery address below: 1? • Yes No • 3. Service Type ❑ Adult Signature O Adult Signature Restricted Delivery isCertified Mall® �Jtertlfied Mall Restricted Delivery o Collect on Delivery o Collect on Delivery Restricted Delivery CI Insured Mall O Insured Mall Restricted Delivery (over $500) O Q D Priority Mall Express® Registered Mail TM Registered Mall Restricted Delivery Signature Confirmation"' Signature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Hello