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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 TM map K a user ;leer sea ctamc output from an Internet map ng site ands for cetaerte on+1 Data tayw . a's appes on LM map may Or may not tae accurate. {ur.fi• ,r •* ret.abte THIS MAP IS NOT TO BE USED FOR NAVIGATION .ar yie, .e.n1 l.di:. 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