HomeMy WebLinkAbout20242330.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY
TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT -
BRUCE OLSON AND SUZANNE BRUNSTROM
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 Defendants, Bruce Olson and Suzanne Brunstrom,
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 Defendants failed to bring the property into compliance with the Weld
County Code, in relation to Zoning Compliance Violation, ZCV21-00333, and upon Weld County's
motion, the County Court ordered the Defendants to pay $25.00 for each day that the property
remained in violation of the Weld County Code, beginning on May 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, and
WHEREAS, on the 8th day of November, 2023, the Board of Commissioners of Weld
County, Colorado, found that the Certification of $3,725.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from May 8, 2023, up to and
including October 3, 2023 (a period of 149 days), be continued to August 5, 2024, at 9:00 a.m.,
to allow the property owner further time to bring the property into compliance, and
WHEREAS, on the 5th day of August, 2024, the Board of Commissioners of Weld County,
Colorado, found that the Certification of $3,725.00 to the Weld County Treasurer to be collected
as a special assessment for the daily violation penalties from May 8, 2023, up to and including
October 3, 2023 (a period of 149 days), be continued to September 4, 2024, at 9:00 a.m., to allow
the property owner further time to bring the property into compliance, and
WHEREAS, on the 4th day of September, 2024, the Board of Commissioners of Weld
County, Colorado, found that the Certification of $3,725.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from May 8, 2023, up to and
including October 3, 2023 (a period of 149 days), be continued to December 11, 2024, at
9:00 a.m., to allow the property owner further time to bring the property into compliance.
CC:PL ,cq(gg11.14),
TRC3/a, APP.-
a9/u/2y
2024-2330
PL0824
CONTINUE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - BRUCE OLSON AND SUZANNE BRUNSTROM
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Certification of $3,725.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from May 8, 2023, up to and
including October 3, 2023 (a period of 149 days), be, and hereby is, continued to December 11,
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 4th day of September, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO nRQDO
ATTEST:4,;ok
Weld County Clerk to the
Board
Deputy Clerk to the Board
County orney I
Date of signature: a I 1 D1 Z 4
7c 6)
Kevin D. Ross, Chair
2024-2330
PL0824
TO: Board of County Commissioners
FROM: Adria Schiel, Assistant County Attorney
DATE: September 4, 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 4, 2024
New Certifications
Bruce Olson and Suzanne Brunstrom (CV)
•
5501 Colorado Blvd, Dacano
•
22C32835/ZCV21-00333
•
$25.00 daily penalty beginning 5/8/2023
•
Violations: Building converted into a
dwelling unit without building permits,
does not meet offset bulk requirements
•
Daily penalties suspended effective
10/4/2023
•
149 days x $25/day = $3,725.00
1
2024-2330
9/4-1 PLO $z4
ZCV2 1-0033 3
Bruce Olson & Suzanne Brunstrom
5501 Colorado Blvd
* May 8, 2023 (daily penalty imposed)
* Daily Penalties suspended October 4, 2023
* May 8, 2023 up to and including
October 3, 2023 = 149 days
* $25 / Daily @ 149 days = $3,725.00
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