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Home My WebLink About20242655.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DONALD HARRIS AND CHRISTINA ELAM 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 Weld County Department of Planning Services, filed a complaint in the Weld County Court against Defendants, Donald Harris and Christina Elam, claiming that the Defendants' property is 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 Defendants failed to bring the property into compliance with the Weld County Code, in relation to Zoning Compliance Violation, ZCV16-00129, and upon Weld County's motion, the County Court ordered Defendants to pay $20.00 per day that the property remained in violation of the Weld County Code, beginning on August 7, 2017, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: August 8, 2018: $3,620.00 for the period of January 1, 2018, through and including July 1, 2018; June 19, 2019: $6,680.00 for the period of July 2, 2018, through and including May 31, 2019; January 20, 2020: $4,280.00 for the period of June 1, 2019, through and including December 31, 2019; November 16, 2020: $5,480.00 for the period of January 1, 2020, through and including September 30, 2020; July 7, 2021: $4,860.00 for the period of October 1, 2020, through and including May 31, 2021; November 15, 2021: $3,340.00 for the period of June 1, 2021, through and including November 15, 2021; June 22, 2022: $3,760.00 for the period of November 16, 2021, through and including May 22, 2022; November 14, 2022: $2,800.00 for the period of May 23, 2022, through and including October 9, 2022; November 20, 2023: $7,480.00 for the period of October 10, 2022, through and including October 18, 2023 cC:pL( ,MN/cv/Zc/NB/wx), CA (t03/Kti/A 5), TR (BG/RIB) I on,' /2N 2024-2655 PL0824 CONTINUE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DONALD HARRIS AND CHRISTINA ELAM PAGE 2 WHEREAS, C.R.S. §30-28-124.5(1) and Weld County Code Section 23-10-40.A allows these costs to be assessed against the property and collected as a special assessment by the Weld County Treasurer, and WHEREAS, on the 7th day of October, 2024, the Board of Commissioners of Weld County, Colorado, found that the certification of $6,480.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 19, 2023, through and including September 7, 2024 (a period of 324 days), be continued to April 7, 2025, at 9:00 a.m., to allow the property owners 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 $6,480.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 19, 2023, through and including September 7, 2024 (a period of 324 days), be, and hereby is, continued to April 7, 2025, at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of October, P.D., 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: :.dedf,,,$) Weld County Clerk to the Board B(c 415arze-m -kAtAtoYa WELD COUNT K s, Chair (AYE) AYE Perry L. Bu , Pro-Tem Deputy Clerk to the Board (NAY) eman AP JED AS �''s ' •�� t� ♦ (AYE) y Attorney 1� Date of signature: `DI t� "�► i Saine (AYE) 2024-2655 PL0824 TO: Board of County Commissioners FROM: Adria Schiel, Assistant County Attorney DATE: October 7, 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 7, 2024 Dave Sanger Sr (JC) • 565 Dunmire St, Frederick • Case 21C30145; ZCV20-00093 • $10 daily penalties beginning 05/12/21 • Violations: noncommercial junkyard, installation of cargo container without building permits 10/19/2023 up to and including 9/7/2024 is 325 days $10.00 x 325 = $3,250.00 Baudel Tortoledo Hernandez (JC) • 15125 Good Ave, Fort Lupton 80621 • Case 22-C-30184; ZCV21-OO14O • $25 daily penalty beginning 6/6/22 after daily penalty hearing Violations: accessory structures built without permits 10/12/2023 up to and including 9/7/2024 is 332 days $25.00 x 332 = $8,300.00 1 2024-2655 I 0/1 PLoB Zy Aryan Kiani (JC) • 331 Dunmire St, Frederick • Case 20C30918; ZCV19-00192 • $25 daily penalties beginning 10/22/20 • Violations: noncommercial junkyard and derelict vehicles 10/19/2023 up to and including 9/7/2024 is 325 days $25.00 x 325 = $8,125.00 Enrique Jimenez -Gonzales (JC) • 7166 Patrick Street Case 2023C33277; ZCV22-00080 $25 daily penalty beginning 7/10/2023 Violations: Commercial vehicles; second mobile home without a permit 7/10/2023 up to and including 9/7/2024 is 426 days $25.00 x 426 = $10,650.00 Christina Elam and Donald Harris (NB) 20453 CR 54, Greeley • Case 17C30784; ZCV16-00129 • $20 daily penalty beginning 08/07/17 • Violations: noncommercial junkyard, persons living in camper/ry 10/19/2023 up to and including 9/7/2024 is 324 days $20.00 x 324= $6,480.00 Charles Simansky (NB) • 40751 County Road 68 Case 22-C-30037; ZCV19-00292 $10 daily penalty beginning 7/11/22 after daily penalty hearing Violations: Storage of a mobile home 10/12/2023 up to and including 9/7/2024 is 332 days $10.00 x 332 = $3,320.00 Andres Benjamin Hernandez Jr. (CV) 11523 Christian St., Fort Lupton • Case 22C30195; ZCV21-00290 • $40 daily beginning 03/07/22 • Violations: visible noncommercial junkyard within the floodplain 10/12/2023 up to and including 9/7/2024 is 332 days $40.00 x 332 = $13,280.00 2 WELD COUNTY ATTORNEY'S 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 September 23, 2024 Christina Elam and Donald Harris 20453 County Road 54 Greeley, CO 80631-9088 Christina Elam and Donald Harris, 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 20453 County Road 54 to be in violation of the Weld County Code. On August 7, 2017, the Court ordered you to pay a daily Penalty of $20.00 per day beginning on August 7, 2017, 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 7, 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 O Street, Greeley, CO 80632. The hearing will address the penalties for the period October 19, 2023, up to and including September 7, 2024. This period totals 324 days for a total of $6,480.00. 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 $1,30.(_11). Such lien would have priority over all other security interests, except for taxes. In addition to the $6,480.00, 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 Nicole Brick at (970) 400-3551. Please feel free to contact me with any questions. Respectfully, Adria Sc'hiel Assistant Weld County Attorney Enclosure CASE NO. 17C -03.0784 DATE: 08/07/17 HEAR C JO: MARK GONZALES CLERK: l (zip WELD COUNTY COURT MINUTE ORDER COUNTY CODE / ZONING VIOLATION DATE FILED: August 7, 2017 ) BOARD OF WELD COUNTY COMMISS ( ) ELAM, CHRISTI6E NUMBER: 2017C30784 ( ) ) HOW:, KRICAN ugal ( ) ( ) 0 Deft Counsel: T OR CONTINUED SUMMONS RETURN ❑ Zoning Violation §30-28-124.5 & 210 C.R.S.; Cty Code § & narrative based on complaint 0 ❑ Defendant Appears ❑ Motion, Stipulation & Order 0 Stip adopted. Review: 0 Agreed Penalty: $ (paid to county per stipulation; send downstairs) ❑ Continue per parties. Next RDOS: (notice given in court) ❑ Denial/Answer. PTCF set for: (Order PTCF issued in court) ❑ Defendant FTA ❑ Plaintiff request default O Default entered ❑ Initial Penalty Ordered: $ ❑ Motion for Initial &/or daily penalty auth./file w/in 14 Hearing on (Court will issue order & send notice) ❑ Continue per county because: Next RDOS: (county to give notice) POST -DEFAULT OR POST -TRIAL JUDGMENT OR PENALTY HEARING Defendant Appears 0 Defendant FTA (when was notice sent) ❑ Continued at County's request because: to: (county to notice) ❑ Continued at defendant's request because: to: (notice given) ❑ Stipulation: ❑ Agreed Penalty: $ (paid to county per stipulation; send downstairs) ❑ Hearing ❑ Init pen already imposed? $ ❑ Witnesses for County: ❑ Witnesses for Defendant: CoyArtCYJ2- lbI t (4, f) V1\ 4 n '" tc-Al u ‘; 0)44 f ZCV16-OO129; 17C30784 Christina Elam & Donald Harris 20453 County Road 54 Violations: Noncommercial Junkyard, Occupied Campers/RVs * August 7, 2017 ($20 daily penalty imposed) * October 19, 2023 up to and including September 7, 2024 = 324 days * $20 / Daily @ 324 days = $6,480.00 No contact has ever been received from property owners. 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