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Home My WebLink About20242571.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING 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, Daniels 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 Zoning 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, 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 $5,925.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from January 8, 2024, through and including August 31, 2024 (a period of 237 days), be, and hereby is, approved. cc : pt..(gR./Kwk.viscikitS/wA GA NISI KM /ft TR (Q6/K0 10 /s12.4 2024-2571 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DANIELA FLORES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of September, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board BY:vuc.l I%q • WLYa u314_ Deputy Clerk to the Board APPROVED AS TO FORM: -Peru I 1'. Date of signature: tD13Z`f County Attorney �+w 1,�V:174,4„-tg'ityl`�' EXCUSED Kevin! Ross, Chair (a?,4' Perry L. B;' k, Pro-Tem e reeman K. James i Saine 2024-2571 PL0824 TO: Board of County Commissioners FROM: Adria Schiel, Assistant County Attorney DATE: September 30, 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 September 30, 2024 New Certifications Daniela Flores (CV) Manuel Montez (CV) • O N. Ethel Ave (Parcel Number • 19355 County Road 52 10511101003) • 23C34086 • 22C34238 • $15.00 per day daily penalty beginning • $25.00 per day penalty beginning on on September 18, 2023. 1/8/2024 • Violations: occupied recreational • Violations: vacant property with RV's vehicles, non-commercial junkyard • 1/8/2024 up to and including 8/31/2024 • 9/18/2023 up to and including 8/31/2024 is 237 days. is 349 days. • $25 x 237 = $5,925.00 • $15.00 x 349= $5,235.00 2024-2571 /30 PLO 24 Brian Rector (NB) • 2061 County Road 53, Kersey 22C36441 $50.00 per day penalty beginning 12/4/2023 Violations: commercial vehicles, building without permits, no land use permits 12/4/2023 up to and including 8/31/2024 is 272 days. $50x272=$13,600.00 Homar Manriquez (NB) 23-C-36810 500 5th Street and 27333 4th Street, Gill $75.00 per day penalty to begin on 8/5/2024 Violations: non-commercial junkyard 8/5/2024 up to and including 8/31/2024 is 27 days 27 x $75.00 = $2,025.00 Jacob Rettenberger and Sherry Louk (NB) 11780 Deford Street, New Raymer 23C37073 $25.00 per day penalty beginning on May 6, 2024. Will increase to 50.00 per day on June 6, 2024. Violations: non-commercial junkyard 5/6/2024 up to but not including 6/6/2024 is 31 days 25.00 x 31= 775.00 6/6/2024 up to and including 8/31/2024 is 87 days $50.00x87=4,350.00 $775.00 + $4,350.00 = $5,125.00 Marco Antonio Ruiz Soto and Maria Del Carmen Beiarano Barraza (CV) • 340 Dunmire Street 23C37090 $50.00 per day penalty beginning 2/5/2024 Violations: storage of commercial vehicles and equipment 2/5/2024 up to and including 8/31/2024 is 209 days. $50x209=$10,450.00 Arthur Kohn (CV) 2790 175th Ave, Erie 23C33252 $40.00 per day penalty beginning on March 4, 2024 Violations: non-commercial junkyard 3/4/2024 up to and including 8/31/2024 is 181 days. $40 x 181 = $7,240.00 Ivy Valdez (CV) • 19714 CR 50'A, La Salle 23C31567 $25.00 per day penalty beginning 11/6/2023 Violations: commercial vehicles 11/6/2023 up to and including 8/31/2024 is 300 days. $25 x 300 = $7,500.00 Chevy Truck Parts (NB) • 19570 CR 28 23C37088 $100.00 per day penalty beginning on July 3, 2024 Violations: outdoor storage of commercial equipment, recreation and personal vehicles, semis and semi -trailers without land use permits 7/3/2024 up to and including 8/31/2024 is 60 days $100.00 x 60= $6,000.00 Michael Lopez (JC) 3503 County Road 75, Roggen 23C31410 $25.00 per day penalty beginning 2/26/2024 Violations: non-commercial junkyard 2/26/2024 up to and including 8/31/2024 is 188 days. $25x188=$4,700.00 2 Daniela Flores 731 Grand Ave. Lot 127 Platteville, CO 80651-7602 WELD COUNTY ATTORNEY'S OFFICE 1150 O STREET P.O. BOX 758 GREELEY, CO 80632-0758 WEBSITE: www.weld.qov PHONE: (970) 336-7235 FAX: (970) 352-0242 Notice of Certification of lien to Weld County Treasurer September 16, 2024 SENT VIA CERTIFIED AND FIRST CLASS MAIL Daniela Flores, 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 identified as parcel #105911101003 to be in violation of the Weld County Code. On January 23, 2024, the Court ordered you to pay a daily Penalty of $25.00 per day beginning on January 8, 2024, 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 September 30, 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 January 8, 2024, up to and including August 31, 2024. This period totals 237 for a total of $5,925.00. 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 5 925.00. Such lien would have priority over all other security interests, except for taxes. Inaddition to the $5,925.00, 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 Greeley, Colorado 80632 CASE Phone Number: (970) 475-2400 FILED: January 23, 2024 12:49 PM NUMBER: 2022034238 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY A 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. January 23, 2024 Annette J. Kundelius Date Weld County Court Magistrate ZCV22-O0003; 22C34238 Daniela Flores 0 N. Ethel Avenue Vacant Parcel #105911101003 Violations: Occupied Recreational Vehicle's * January 8th, 2024 ($50 daily penalty imposed) * January 8th, 2024 up to and including August 31, 2024 = 237 days * $25 / Daily @ 237 days = $5,925.00 ()NI INIE MAPPING Legend Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A N Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone Al- Floodplain - 100 Year Zone AC Preliminary Floodplain - 500 Vi Preliminary Floodplain - 100 `el \. Preliminary Floodplain - 100 Yf Preliminary Floodplain - 100 Yi Highway Li County Boundary MT rat 154 Hello