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Home My WebLink About20242086.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 owners 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 owners further time to bring the property into compliance. 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 September 4, 2024, at 9:00 a.m. CC :PL(ER/NN/OA/cV/SC/N8), CA(LNB/KM), TR(86/RF), twa. oq/oS 2024-2086 PL0824 CONTINUE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - BRUCE OLSON AND SUZANNE BRUNSTROM PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of August, A.D., 2024. ATTEST:dailuA) ;4 Weld County Clerk to the Board my At : rney Date of signature: 0102 /24 BOARD OF COUNTY C MMISSIONERS WELD COUN , OLORAD O Kevi D. Ross, Chair 4a,e.4 Perry L. Bupj(, Pro-Tem EXCUSED Mike 6Jreeman 2024-2086 PL0824 TO: Board of County Commissioners FROM: Adria Schiel, Assistant County Attorney DATE: August 5, 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 August 5, 2024 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 • Daily penalties for the period of May 8, 2023 up to and including October 3, 2023 • 149 days x $25/day = $3,725.00 1 2024-2086 5/5 Qt,o7sz4 COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: May 17, 2023 8:47 AM Greeley, Colorado 80632 CASE NUMBER: 2022C32835 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY BRUCE OLSON and SUZANNE BRUNSTROM Case Number: 22-C-32835 Division: C Defendant. ORDER IMPOSING PENALTIES FOR BUILDING AND ZONING VIOLATIONS This matter came before the Court on May 8, 2023, for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on August 15, 2022. Plaintiff was represented by Assistant Weld County Attorney Matthew Conroy, and Defendants, Suzanne Brunstrom and Bruce Olson, both appeared pro se. Testimony was heard from Bethany Pascoe, Weld County Code Compliance Officer, as well as Defendants Suzanne Brunstrom and Bruce Olson. 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) §23-10-40, and WCC §29-11-10(C). Defendants waived service on July 21, 2022 and consented to the Court's jurisdiction and entered into a stipulation on August 4, 2022. The stipulation was approved and ordered by the Court on August 15, 2022. 2. Defendants own and/or occupy the property located at 5501 Colorado Blvd, Dacono, Colorado 87065, 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 presence of a building converted into a dwelling unit without building permits and that after conversion does not meet offset bulk requirements in the zoning code. Defendants agreed to submit a lot line adjustment by November 18, 2022, to correct the offset issue and submit a complete building permit application before February 6, 2023. Ms. Pascoe testified that the building is still there and that neither condition has been satisfied which was corroborated by the photograph admitted into evidence as Exhibit A, the aerial map admitted as Exhibit B, and the 2020 building application admitted as Exhibit C and D. The assertions were undisputed by both Ms. Brunstrom and Mr. Olson. 4. The Court finds by a preponderance of the evidence that the property still contains a building modified into a dwelling unit without building permits in violation of the Weld County Code and that Defendants have failed to comply with the procedural steps contained in section 5 of the stipulation which is a material breach of the stipulation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: A $25.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty will begin on May 8, 2023 and will continue until further order of this Court. 47 SO (L RDERED. , r May 17, 2023 Annette Kundelius Date Weld County Magistrate COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE Greeley, Colorado 80632 CASE Phone Number: (970) 475-2400 FILED: October 6, 2023 11:39 AM NUMBER: 2022C32835 BOARD OF COUNTY COMMISSIONERS OF THE ♦ FOR COURT USE ONLY • COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. Case Number: 22C32835 BRUCE OLSON and SUZANNE BRUNSTROM, Division: C Defendant. ORDER TO SUSPEND DAILY PENALTIES THE COURT, having read the Motion to Suspend Daily Penalties filed with this Court and being otherwise fully advised in the premises, DOTH ORDER that the daily penalties will be suspended effective October 4, 2023. October 6, 2023 DATED: BY THE COURT: r+ 5 ANNETTE J. KUNDELIUS Magistrate, 19th Judicial District WELD COUNTY ATTORNEY'S OFFICE 1150 O STREET P.O. BOX 758 GREELEY, CO 80632-0758 WEBSITE: www.co,weld,co.u9 PHONE: (970) 336-7235 FAX: (970) 352-0242 Notice —of _Certification of Lien to Weld .CountnTreasurer October 25, 2023 Bruce Olson Stacey L. Shea, Attorney for Bruce Olson 2725 Rocky Mountain Avenue, Suite 300 Loveland, CO 80538 Bruce Olson, 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 located 5501 Colorado Blvd, Weld County, Colorado to be in violation of the Weld County Code. On May 17, 2023, the Court granted the County's Motion to Impose Daily Penalties, finding that your property was in violation of the Weld County Code, and ordered you to pay a daily penalty of $25.00 per day to begin on May 8, 2023, until further order of the Court (Court Order Attached.) The Court Ordered the daily penalty be suspended effective October 4, 2023. Upon information and belief, the zoning violation still exists on your property. At a public hearing. on August 5,2024, at 9:00 a.rn. 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 May 8, 2023, through October 3, 2023. This period totals 149 days for a total of $3,725.00. 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 S3,72500. Such lien would have priority over all other security interests, except for taxes. In addition to the $3,725.00, 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 ZCV2 1-00333 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 This map is a user generate a statc output from an ;Memel map" site and 4 kx rerrenie only On layers that appear on thrs, map may or may not be accurate. current, or othenmse rebate* THIS MAP IS NOT TO BE USED FOR NAVIGATION This map is a user generated static output from an tnternet mama' site and 6 tOf reference ony Data Layers that appear On MA map may or may roe be accurate. current or otherwise rd+able THIS MAP IS NOT TO BE USED FOR NAVIGATION e . :in: ♦'tr..0 . At 11 s ' r I 6 . : : •I IV. .1. - Isida: T:714: .5) : i . ti I: - `III I I : •..-11111 I,' .''.. 1.1, ' ', ,. ' - atr.1:;111- i - !. 4.' li'l.:7'11‘1:•:1‘:`U_•ti1J� 111. FLrr,, I I _ -I' n Hello