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Home My WebLink About20242577.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ARTHUR KOHN 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, Arthur Kohn, being represented by Steven Janssen, Esq., 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, ZCV22-00189, and upon Weld County's motion, the County Court ordered the Defendant to pay $40.00 for each day that the property remained in violation of the Weld County Code, beginning on March 4, 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 $7,240.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from March 4, 2024, through and including August 31, 2024 (a period of 181 days), be, and hereby is, approved. CC:pL(ER/KN/cv/Tc/N8/WZ),CA(88/KM/AS), TRCT3G/RM to/Safi 2024-2577 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT — ARTHUR KOHN 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( --111:1011 Deputy Clerk to the Board APPFjOVED AS TO FOR ,County Attorney Date of signature: 1O15/ EXCUSED Key. D. Ross, Chair a Vei,A , Pro-Tem Perry L. B Mik- Freeman cott K. James Lori Saine 2024-2577 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 2024-2577 G/3U 1 FL0Z4 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. $50 x 272 = $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 $50.00 x 87 = 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. $50 x 209 = $10,450.00 Arthur Kohn (CV) • 2790 1750 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. $40x181=$7,240.00 Ivy Valdez (CV) • 19714CR50Y2, 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. $25 x 188 = $4,700.00 2 Arthur Kohn 2790 175th Ave. Erie, CO 80516-7902 Steven Janssen, Esq. 410 Main Street Longmont, CO 80501 Arthur Kohn, 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 16, 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 2790175th Ave. to be in violation of the Weld County Code. On March 7, 2024, the Court ordered you to pay a daily Penalty of $40.00 per day beginning on March 4, 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 March 4, 2024, up to and including August 31, 2024. This period totals 181 days fora total of $7,240.00. 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 $1,24g,01). Such lien would have priority over all other security interests, except for taxes. In addition to the $7,240.00, 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: March 7, 2024 10:32 AM Greeley, Colorado 80632 CASE NUMBER: 2023C33252 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF TIIE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY A Case Number: 23-C-33252 ARTHUR N. KOHN, Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on March 4, 2024, for an evidentiary hearing. Plaintiff was represented by Assistant Weld County Attorney Adria Schiel, and Defendant was represented by Deborah Ytterberg. Testimony was heard from Cynthia Villanueva, Weld County Building Compliance Officer. Based upon the testimony and Plaintiff's admitted Exhibits A through E, 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. 2. Defendant owns and/or occupies the property located at 2790 175`h Ave., Erie, Colorado 80516, in unincorporated Weld County (the "Property"). The Property is zoned (A) Agricultural Subdivision. 3. The Court finds that the Plaintiff has proven by a preponderance of the evidence that the property is in violation of the Weld County Code due to the presence of a noncommercial junkyard consisting of derelict vehicles, iron/metal and miscellaneous debris. 4. Upon motion of the Defendant, the Court dismisses the allegations in the Complaint regarding un-permitted commercial operations or commercial storage of vehicles or equipment. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 4. The Court orders a $100.00 initial penalty for the violation; 5. A $40.00 per day penalty is ordered due to the continued violation. The penalty will begin on March 4, 2024, and will continue until further order of this Court. March 7, 2024 Annette J. Kundelius Date Weld County Court Magistrate ZCV22-00189; 23C33252 Arthur Kohn 2790 175th AVENUE Violations: Noncommercial Junkyard * March 04, 2024 ($40 daily penalty imposed) * March 04, 2024 up to and including August 31, 2024 = 209 days * $40 / Daily @ 181 days = $7,240.00 Legend Parcels Zoning ■ A i Agnculturai ) A-1 (Concentrated Animan C -I ( Neighborhood Commercial) C-2 (General Commercial) C-3 (Business Commercial) ■ C-4 (Highway Commercial) E (Estate) 1-1 (Industrial) 1-2 (Industrial) 1-3 (Industrial) DPUD (Planned Unit Development) R-1 (Low Density Residential) R-2 (Duplex Residential) R-3 (Medium Density Residential) R-4 (High Density Residential) R-5 (Mobile Home Residential) Highway County Boundary COUNTY COURT, WEL (I COUNTY, STATE OF COLORADO Court Address 915 Tenth Street P O Box 2038 Greeley, CO 80632-2038 PLAINTIFF: A COURT USE ONLY A BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO vs. - DEFENDANT: ARTHUR N. KOHN Case No 2023 C 33252 Attorney for Defendant Steven L_ Janssen, Atty Reg No 10200 Division 4 410 Main Street Longmont, CO 80501 Telephone 303-717-7667 Email Stevenljanssen@cs corn ENTRY OF APPEARANCE AS CO -COUNSEL FOR DEFENDANT PLEASE TAKE NOTICE that Steven L Janssen hereby enters his appearance as co - counsel of record for the Defendant in all further proceedings in this case, Steven L Janssen hereby further requests that he be added to the CCEF e -service list as co -counsel of record for the Defendant, and that he be provided with copies of all future pleadings and notices in this case Respectfully submitted this 13th day of September 2024 en L inss n #1 200 - Co -counsel for D en ant CERTIFICATE OF SERVICE I hereby certify that on this 13th day of September 2024, I served a true and correct copy of the foregoing Entry of Appearance as Co -Counsel for Defendant upon Matthey W Conroy, Assistant Weld County Attorney, as Attorneys for Plaintiff, via electronic service through the Colorado Courts E -filing system 2 1 Cr cC m U.S. Postal Service,., CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) `For delivery information visit our website at www.usps.corn, Postage CJ Certified Fee ❑ Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) U] CI CI Total Postage & Fees Sent To Steven Janssen, Esq. ≤tmot, Apr. No.; or PO Box No. 410 Main Street City, Stew, ZIP -t4 ' Lon mont Co 80501 Postmark Here PS Form 3800, June 2002 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 JANSSEN N ESQ 410 MAIN STREET LONGMONT CO 80501 IIIIIIIIIIII 1 i i 9590 9402 6113 0209 7525 81 i 9. Article Number (Transfer from service label) 7005 1160 9001 4558 5916 PS Form 3811, July 2015 PSN 7530-02-000-9053 See Reverse for Instructions I COMPLETE THIS SECTION ON DELIVERY A. Signature 8. Received b Name) O Agent Addressee C. De of Delivery 1H (6 D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ,( -No 3. Service Type CI Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Maels ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery id Mail c! Mail Restricted Delivery $500) C Priority Mail Express© ❑ Registered Mai1TM o Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise O Signature Confirmation"' o Signature Confirmation Restricted Delivery Domestic Return Receipt Hello