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Home My WebLink About20242652.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - BAUDEL TORTOLEDO HERNANDEZ 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, Baudel Tortoledo Hernadez, 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, ZCV21-00140, 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 June 6, 2022, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: • November 9, 2022: $3,450.00 for the period of June 6, 2022, through and including October 9, 2022; • November 11, 2023: $9,175.00 for the period of October 10, 2022, through and including October 11, 2023 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 $8,300.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 12, 2023, through and including September 7, 2024 (a period of 332 days), be, and hereby is, approved. 4988069 Pages: 1 of 2 10/15/2024 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111Kirai Ji llii IiA,M lliff l'i'tYE'h lY. i k%ii Yivh 11111 cc:PL(EX/MN/cv/s'c/015/wZ) cn (eamcm/A.A TR 066/0 2024-2652 loft 6/24 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - BAUDEL TORTOLEDO HERNANDEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of October, A.D., 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: ddtje,,t) ;ok Weld County Clerk to the Board BY: • !Liam Ids �l C Deputy Clerk to the Board APED A County Atto Date of signature: ID WELD COUN Perry L. BuOk, Pro-Tem 4988069 Pages: 2 of 2 10/15/2824 01:06 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 11111 ike Fr eman i Saine 2024-2652 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 (JCS 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; ZCV21-00140 $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 2024-2652 1 0/1 P1_0$29- Aryan Kiani (JC) • 331 Dunmire St, Frederick • Case 20C30918; ZCV19-OO192 • $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 Baudel Tortoledo Hernandez 15125 Good Ave Fort Lupton, CO 80621-4664 Baudel Tortoledo Hernandez., 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 15125 Good Ave. to be in violation of the Weld County Code. On June 14, 2022, the Court entered an Order and ordered you to pay a daily Penalty of $25.00 per day beginning on June 6, 2022 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 0 Street, Greeley, CO 80632. The hearing will address the penalties for the period October 12, 2023 up to and including September 7, 2024. This period totals 332 days for a total of $8,300.00. 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 $1,11). Such lien would have priority over all other security interests, except for taxes. In addition to the $8,300.00, 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 Jordan Cook at (970) 400-3529. Please feel free to contact me with any questions. Respectfully, Adria Scfiiel Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: June 14, 2022 1:51 PM Greeley, Colorado 80632 CASE NUMBER: 2022C30184 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY BAUDEL TORTOLEDO HERNANDEZ Case Number: 22-C-30184 Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on June 6, 2022, for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on March 14, 2022. Plaintiff was represented by Assistant Weld County Attorney Caitlin Perry, and Defendant, Baudel Tortoledo Hernandez, appeared via Webex with a court interpreter. Testimony was heard from Bethany Pascoe, Weld County Compliance Officer, and the Defendant. 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) §23-3-45, WCC §23-3-50 and WCC §23-3-70. Defendant was properly served on February 5, 2022. Defendant consented to the Court's jurisdiction and entered into a stipulation on March 4, 2022, which was approved and ordered by the Court on March 14, 2022. 2. Defendant owns and/or occupies the property located at 15125 Good Avenue, Fort Lupton, Colorado, 80621 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 construction of a detached accessory structure along with additional structures built on the subject property without permits that do not meet setbacks or offsets and may also exceed the ten percent lot coverage rule. Defendant agreed to resolve the violations by removing, relocating, or permitting (through the Board of Adjustment variance process) all structures on the property that do not meet setbacks or offsets. He specifically agreed to 1) submit a complete Board of Adjustment application or remove the structures violating the code by April 7, 2022; 2) contact the code compliance officer to arrange an inspection of the property; and 4) pay an initial financial penalty in the amount of $25.00. If the Defendant chose to go through the variance process additional terms and deadlines were required but are no Randall C. Lococo Weld County Court Magistrate longer relevant because the Defendant did not submit a complete Board of Adjustment application by April 7, 2022. 4. Weld County Compliance Officer, Bethany Pascoe, inspected the property on May 31, 2022. As detailed by the testimony of Ms. Pascoe, and as depicted in the photographs admitted into evidence as Exhibits 1 and 2, the Property still contains the unpermitted structures that do not meet setbacks or offsets and may also violate the ten percent lot coverage rule. In addition, the stipulated deadline, April 7, 2022, for Defendant to correct the violations expired several months ago. 5. The Court finds that the property still contains unpermitted structures that do not meet setbacks or offsets and may also violate the ten percent lot coverage rule in violation of the Weld County Code, that none of the stipulated terms were completed by April 7, 2022, in violation of the Weld County Code and Stipulation; and thus, the defendant has materially breached the stipulation. 6. The Defendant agreed to remedy all of the violations on the property as set forth in the stipulation but has failed to do so. The Court finds that 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: 7. A $25.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty will begin on June 6, 2022, and will continue until further order of this Court. June 14, 2022 Date ZCV21-OO14O; 22C30184 Baudel Tortoledo Hernandez 15125 Good Avenue Violations: Accessory structures built without permits * June 6, 2022 ($25 daily penalty imposed) * October 12, 2023 up to and including September 7, 2024 = 332 days * $25 / Daily @ 332 days = $8,300.00 First contact established 04/28/2021. Last contact 12/12/2022 with Max Nader and Bethany Pascoe. Reached out through voicemail and daily penalty letters. BOA21-0009 still in process. MG map a a si r garmratai tit atlas Porn r, t•mrat mixing sbe end d ter Marna on*. Dar.e lacers fl JICCISII on ttls map may of mar r'a to a[a,zc a -c rt Or rcr-wtss rd t*a TiC MAP S NOT TO BE tEED FOR MVIGAT►Oh r ti ••• • .44141p.os,, 4r .z a.f f • t {• r• \ A r 1 • .. Hello