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Home My WebLink About20242615.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MELINA SABANOVIC 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, Melina Sabanovic, 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, ZCV18-00166, 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 August 5, 2019, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: January 20, 2020: $3,700.00 for the period of August 5, 2019, through and including December 31, 2019; November 16, 2020: $6,850.00 for the period of January 1, 2020, through and including September 30, 2020; July 7, 2021: $6,075.00 for the period of October 1, 2020, through and including May 31, 2021; November 15, 2021: $4,175.00 for the period of June 1, 2021, through and including November 15, 2021; June 29, 2022: $4,700.00 for the period of November 16, 2021, through and including May 22, 2022; November 14, 2022: $3,500.00 for the period of May 23, 2022, through and including October 9, 2022; November 20, 2023: $9,350.00 for the period of October 10, 2022, through and including October 18, 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. cc:PLCER/MN/cV/SC/NT3/W=), CAC88/KM"VASS, TRCRG/R») lo/I6/2'{ 2024-2615 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MELINA SABANOVIC PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $8,000.00 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 2, 2024 (a period of 320 days), be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of October, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNT ATTEST: (,l `�,�,/` :4 Weld County Clerk to the Board Deputy Clerk to the Board oun y '__= ney 101 Date of signature: Kevin D. Ross, Chair 2024-2615 PL0824 TO: Board of County Commissioners FROM: Adria Schiel, Assistant County Attorney DATE: October 2, 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 2, 2024 Jesus Vega (NB) John Krenzelok (NB) • 1707 Cedar Ave • 39538 Boulevard B, Eaton • Case 19C30835; ZCV18-00172 • 2021C34313 • $50 daily penalties beginning 9/2/2022 • $50.00 per day penalty beginning on • Violations: commercial trucking and 3/21/2022 storage operation without an approved • Violations: unpermitted manufactured Site Plan Review as well as presence of derelict passenger vehicles structure, occupied trailer/rv, noncommercial junkyard, accessory • 10/9/2023 up to and including 9/2/2024 structures without a primary use is 330 days. • 10/12/2023 up to and including 9/2/2024 • $50.00 x 330 = $16,500.00 is 327 days. • $50.00 x 327 = $16,350.00 1 2024-2615 punz4 Frank and Yrene Martinez (CV) County Road 55 parcel no 029733400009 Case 21C37057; ZCV21-00159 $50 daily penalties beginning 8/14/2023. Violations: accessory uses without a principal use including a noncommercial junkyard; commercial vehicles, accessory structures without permits and occupied camper/trailer RVs 10/9/2023 up to and including 9/2/2024 is 330 days. $50.00 x 330 = $16,500.00 Steven Wood (CV) • 4223 Grand Teton Rd., Greeley • Case 23C30192; BCV21-00026 • Default Judgment • $15 daily penalty ordered to begin on 2/6/2023 Violations: fire damage, no mechanical permits, electrical permits, or plumbing permits 10/9/2023 up to and including 9/2/2024 is 330 days. $15.00 x 330 = $4,950.00 Roger Hill and Sheryl Hill (CV) • 25056 CR 76, Eaton ZCV21-OO356; 22C33533 $100.00 daily penalty beginning 5/13/2023 Violations: Commercial storage operation without permit, noncommercial junkyard 10/8/2023 up to and including 9/2/2024 is 331 days. $100.00 x 331 = $33,100.00 Jerry Dill (CV) • 3108 O Street, Greeley 2021C32551 $10.00 per day penalty to begin on 8/20/2021 Violations: unpermitted mobile home, unpermitted commercial storage business, commercial vehicles, noncommercial junkyard, derelict vehicles 10/19/2023 up to and including September 2, 2024 is 320 days. $10.00 x 320 = $3,200.00 Jose Mendoza (CV) • 1401 N 26th Ave, Greeley • Case 22C31938; ZCV21-00349 • $25 daily penalty beginning 9/19/2022 • Violations: noncommercial junkyard including derelict vehicles and other debris 10/9/2023 up to and including 9/2/2024 is 330 days. $25.00 x 330 = $8,250.00 Mauro Rodriguez and Louisa Rodriguez (JC) • 6711 County Road 21, Fort Lupton Case 22C32836/ ZCV21-OO317 $20.00 daily penalty beginning 12/5/2022 Visible noncommercial junkyard, multiple commercial vehicles, unpermitted accessory building and unpermitted electrical work 10/8/2023 up to and including 9/2/2024 is 331 days $20.00 x 331 = $6,620.00 2 Juan C Gallardo and Silva Gallardo (JC) • 16375 Good Avenue • Case 22C32065/ZCV21-00260 • $25.00 daily penalty beginning 8/8/2022 • Violations: commercial vehicles without required land use permit, occupied RV 10/9/2023 up to and including 9/2/2024 is 330 days. $25.00 x 330 = $8,250.00 Melina Sabanovic (JC) Unbuilt lot on Good Avenue, Ft. Lupton Case 18C37496; ZCV18-00166 $25 daily penalty beginning 08/05/19 Violations: noncommercial junkyard, persons living in camper/ry 10/19/2023 up to and including 9/2/2024 is 320 days. $25.00 x 320 = $8,000.00 3 WELD COUNTY ATTORNEYS 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 18, 2024 Melina Sabanovic 11755 Helena St. Commerce City, CO 80022-8757 SENT VIA CERTIFIED AND FIRST CLASS MAIL Melina Sabanovic, 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 3AR L3 BLK 67 ARISTOCRAT RANCHETTES 3 FG to be in violation of the Weld County Code. On August 5, 2019 the Court granted the County's Motion for Daily Penalties, finding that your property was still in violation of the Weld County Code, and ordered you to pay a daily Penalty of $25.00 per day beginning on August 5, 2019 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 2. 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 19, 2023 up to and including September 2, 2024. This period totals 320 days for a total of $8,000.00. 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 $8,000.00. Such lien would have priority over all other security interests, except for tunes. In addition to the $8,000.00, 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. Res ctfully,, Adria Schiel Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Colorado 80632 LATE FILED: August 15, 2019 2:45 PM Phone Number: (970) 475-2400 FILING ID: 799E6BD1AEB59 AEB59 CASE NUMBER: 2018C37496 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. Q FOR COURT USE ONLY O MELINA AKA MELIHA SABANOVIC and MAHIC Case Number: 18-C-37496 SABAHUDIN, Division: C Defendants. Karin McDougal, 048541, Assistant County Attorney 1150 `O' Street, P.O. Box 758, Greeley, CO 80632 Phone (970) 336-7235; Fax (970) 352-0242 Email kmcdougal@weldgay.com NOTICE OF IMPOSITION OF DAILY PENALTIES YOU ARE HEREBY NOTIFIED that at a review hearing which was held on Monday, August 5, 2019, it was ordered by Magistrate Randall Lococo that a daily penalty fine of $25.00 per day was imposed. Both Plaintiff and Defendant were present. 1. On January 7, 2019, Defendant Melina aka Meliha Sabanovic entered into a Stipulation to remove or completely screen the Noncommercial Junkyard from all adjacent properties and public rights -of -ways and to discontinue on -site utilization of the camper/trailer, remove items around it and ensure that it is road -worthy and registered at all times on or before March 26, 2019. 2. A review hearing was heard on April 1, 2019 at 10:00 a.m. It was determined that the property was not in compliance and a daily penalty of $25 per day was ordered but stayed until the next review date of June 17, 2019 at 10:00 a.m. 3. The review was heard on June 17, 2019 and it was determined that Defendants were making progress and would be granted additional time to bring the property into compliance. The case was continued to August 5, 2019. 4. At the August 5, 2019 review Defendant Mahic Sabahudin stated that he believed the property was in compliance. 5. The Parties agreed to forgo the previously accrued penalties because progress has continued to be made on the property, and agreed to impose the $25.00 per day penalty beginning on August 5, 2019 with no stay in place and will continue to accrue until the property is in compliance. 6. It is the Plaintiffs best knowledge and belief that such violation still exists as of the date of this notice. DATED this 15;h` day of August, 2019. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO BRUCE T. BARKER WELD COUNTY ATTORNEY K OHM DOUGAL' #4 541 A "sisttt 7t Wend County Attorney CERTIFICATE OF MAILING/DELIVERY I certify that on the 15th day of August, 2019, a true copy of this NOTICE OF DAILY PENALTIES was mailed to: Mahic Sabahudin 5000 Butte Street — Lot 215 Boulder Co 80301 Melina Sabonovic 11755 Helena Street Commerce City, CO 80022 DATED this 16`h day of August, 2019. ZCV18-00166; 18C37496 Melina Sabanovic 0 GOOD AVENUE Violations: Noncommercial junkyard w/o principal use * August 5, 2019 ($25.00 daily penalty imposed) * October 19, 2023 up to and including September 2, 2024 = 320 days * $25.00 / Daily @ 320 days = $8,000.00 NV 1: I . I_) C O Ll N' I' Y gar or, L!h 139 6 3 WCiS_19BA_ Web Marotta AsaVwri_Spram C Weid County Colorado 5rt i 39 5 ivy .� . a eSoc a cat from r flare rnappriga orb is tic. •✓ cr .. ate . axon Ti its an tns map m, y Or CM)' not S aaa ag a. ant or Murata rotts r. MAP 4 NOT TO BE USED FOR NAVIGATION intr+r• a Fete b a fli t .' Legend Paf>S rt1gnway Li County Boundary • 4:-41/0:1.' ' h�� r r ' 11/12/2020 .— ltjr S • • •r r. �•i"r +R . . • s • i.. a -• w -+ w r • M \a Sia — _.—_ -._ia SS 11•11m am ii Abler etiAlPilla • -04111741:1111L.011112 am. am a Via Sia :•_ _ as sass • la • —.I- •.� v, „.RC . T : • '.V • r, wi r• \4.r4~ •' • �.'4• ._. ./.l.J;•.•• - .. - i I. •: r Mw• •• �.• r far ''to -•K p. •♦ 4- • . . S. r .,rt. '4'44 .7.‘ ', • j • • •. . of, ...• 7 rarre Th•t•. +., • b.�•.. . •1 .-_ 1 • - _ -r 4. - • r V• • --• C"." l ••• M._ • 2112 [J • as.- • . +...•+•t- M� • - Houstan Aragon From: Sent: To: Cc: Subject: Jordan Cook Monday, September 30, 2024 8:41 AM Houstan Aragon; Nicole Brick Adria Schiel; Wendi Inloes; Cynthia Villanueva; Karin McDougal RE: Certifications 10/2/2024 Good morning, In 2014 Mahic Sabahudin sold the property to Meliha Sabanovic. Apologies for any confusion. Thank you, Jordan Cook Code Compliance Officer Weld County Department of Planning Services 1402 N 17th Ave Greeley, CO 80631 970-400-3529 (direct) 970-400-6100 (general) 970-304-6498 (fax) jcook@weld.gov From: Houstan Aragon <haragon@weld.gov> Sent: Monday, September 30, 2024 8:35 AM To: Nicole Brick <nbrick@weld.gov> Cc: Adria Schiel <aschiel@weld.gov>; Wendi Inloes <winloes@weld.gov>; Cynthia Villanueva <cvillanueva@weld.gov>; Jordan Cook <jcook@weld.gov>; Karin McDougal <kmcdougal@weld.gov> Subject: RE: Certifications 10/2/2024 Wonderful! Thank you so much! I do have one (1) property ownership to clarify regarding ZCV18-0166 for Melina Sabanovic, as all records thus far also have Mahic Sabahudin as an additional property owner. Did something happen between the last certification and this recommendation? Houstan Aragon Deputy Clerk to the Board Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4224 Email: haragon(dJ weld. qov 1 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Nicole Brick <nbrick@weld.gov> Sent: Monday, September 30, 2024 8:00 AM To: Houstan Aragon <haragon@weld.gov> Cc: Adria Schiel <aschiel@weld.gov>; Wendi Inloes <winloes@weld.gov>; Cynthia Villanueva <cvillanueva@weld.gov>; Jordan Cook <jcook@weld.gov> Subject: Certifications 10/2/2024 Good morning, Houstan, The certification slideshow for 10/2/24 is complete and in the Z -Drive. Have a great day! NJicote Brick? Code Compliance Officer 1402 N 17th Ave. Greeley, CO 80631 Phone: 970-400-3551 2 Hello