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Home My WebLink About20242608.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - FRANK AND YRENE MARTINEZ 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, Frank and Yrene Martinez, 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, ZCV21-00159, and upon Weld County's motion, the County Court ordered the Defendants to pay $50.00 for each day that the property remained in violation of the Weld County Code, beginning on August 14, 2023, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, previously approved the certification of $2,750.00 to the Weld County Treasurer for the daily penalties accruing period from August 14, 2023, through and including October 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 2nd day of October, 2024, the Board of Commissioners of Weld County, Colorado, found that the certification of $16,500.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 9, 2023, through and including September 2, 2024 (a period of 330 days), be continued to April 2, 2025, at 9:00 a.m., to allow the property owner 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 $16,500.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 9, 2023, through and including September 2, 2024 (a period of 330 days), be, and hereby is, continued to April 2, 2025, at 9:00 a.m. Cc : PL(ER/MN/cv/scfwE/01), CA(BBIlot/AS), TR(BG/RE) i0/04/24 2024-2608 PL0824 CONTINUE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT — FRANK AND YRENE MARTINEZ PAGE 2 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., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUeOI oRADO ATTEST: C� ) G1 , ✓�� Weld County Clerk to the Board Bkittutni Deputy Clerk to the Board ounty Attorney Date of signature: , pI I Z`F' 1) (AYE) Kevii q. Ross, Chair Perry L. Bulk, Pro-Tem (AYE) 2024-2608 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, staffworks 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-OO172 • 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 2024-2608 pa) n4 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 ZCV21-00356; 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/ ZCV21-00317 $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 Sgva 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 Frank Martinez Yrene Martinez PO Box 511 Ault, CO 80610 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 18, 2024 SENT VIA CERTIFIED AND FIRST CLASS MAIL Frank and Yrene Martinez, 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 known as street address and number VACANT 0297-33-4-00-009 to be in violation of the Weld County Code. On August 14, 2023, the Court entered an Order Imposing Daily Penalties, and ordered you to pay a daily Penalty of $50.00 per day beginning on August 14, 2023, 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 9, 2023, up to and including September 2, 2024.This period totals 330 days for a total of $16,500.00. 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 $16.500.00. Such lien would have priority over all other security interests, except for taxes. In addition to the $16,500.00, 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: August 23, 2023 Greeley, Colorado 80632 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY FRANK MARTINEZ and YRENE MARTINEZ Case Number: 21-C-37057 Division: C Defendants. ORDER IMPOSING DAILY PENALTIES This matter came before the Court on August 14, 2023 for a hearing. Plaintiff was represented by Assistant Weld County Attorney Adria Schiel, and Defendant, Frank Martinez appeared in person, pro se. Yrene Martinez did not appear. Testimony was heard from Cynthia Villanueva, Weld County Zoning Compliance Officer, and Frank Martinez. Based upon the sworn testimony and exhibits filed with the court, the court makes the following findings: 1. This Court has jurisdiction over the subject matter and the parties herein. This is an action to enforce zoning and building code violations with the unincorporated area of Weld County pursuant to C.R.S. §30-28-124.5 and Weld County Code (WCC). Defendant's entered into a stipulation on January 4, 2023, which was approved and ordered by the Court on January 12, 2023. The Court takes judicial notice of the stipulation. 2. Defendants owns or occupies the property know as street address and number as VACANT (0297-33-4-00-009) 3. The Court finds that the defendants have breached the stipulation for failing to submit a zoning or building permit and for not contacting the zoning compliance officer to arrange an on - site inspection of the property. 3. The Court finds that the Plaintiff has not met their burden of proof with regards to presence of a non-commercial junkyard, presence of more than one commercial vehicle, or occupied recreational vehicles. 4. Both parties were informed of the right to appeal. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 5. A $50.00 per day penalty is ordered due to the continued code violation, as stipulated by the 2308233019 0663 1-62-1008 2 parties. The penalty will begin on August 14, 2023, and will continued until further order of this Court. August 23, 2023 Annette J. Kundelius Date Weld County Court Magistrate 2306233019 0863 1-62-10083 ZCV2 1-00 159; 21C37O57 Frank & Yrene Martinez 0 COUNTY ROAD 55 Parcel # 029733400009 Violations: Accessory uses without a Principal Use, Noncommercial Junkyard & structures without a permit, Occupied Camper/RV * August 14, 2023 ($50 daily penalty imposed) * October 09, 2023 up to and including September 2, 2024 = 330 days * $50 / Daily @ 330 days = $16,500.00 Initial contact 05/27/2021— have been in communication throughout with most recent contact 09/30/2024 PPP WELD COUNTY ONLINE MAPPING V vs -4 • 4 'i! s•1 r re .:-.---�eM--..sotr `- - ti 1: 2,587 n I Legend Parcels Highway County Boundary Notes 1 r-ic•t •tt- FIZ WELD COUNTY ONLINE MAPPING - "1 Collins Lowland soulder 'A.-. 1 Denver • Ste Legend Parcels Zoning ■ A (Agncultural A-1 (Concentrated Animal) C-1 (Neighborhood Commercial) C-2 (General Commercial) C-3 (Business Commercial) C-4 (Highway Commercial) E (Estate) I-1 (Industrial) l-2 (Industrial) 1-3 (Industrial) PUD (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 Homo Residential) Highway Ell County Boundary 09/25/2024 rn U, cr Ui nJ rR Q is a N U.S. Postal Service" CERTIFIED MAIL' RECEIPT Domestic Mail Only For delivery lrttorntrition, visit our website nt www.tisps.com Certified Mail Fee Extra Services & Fees (chock bor. add lee fly dpprOpfiarQ) ❑ Return Receipt (hardcopy) $ — ❑ Return Receipt (electronic) • Certtged Mall Restricted Delivery AdiAt Signature Required []Adult Signature Restricted Dellve Postage, Total Postage and Fees S Sent To Fra &__ sne, Ma etimez ntirpooiin O1 pNo �or Box No. Postmark Here J1tIt2ttO1 80 610 PS Form 3800: A ril 2015 PSt475ao O2.00e.9aa7 M1ser • r•••• 1 lb Ne DHMlli- 4 Seep R©vorse: tor-lrlstructions ENDER: COMPLETE THIS SECTION a Complete items 1, 2, and 3. e 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: Frank & Yrene Martinez PO Box 511 Ault CO 80610 1111111111111111111111 9590 9402 7867 2234 5929 11 i i COMPLETE THIS SECTION ON DELIVERY A. Signature X B. 7eceived by (Print d Name) A .. de 1-1 gent Addressr ate of Delivers D. Is delivery address different from item 1? ■ Yes If YES, enter delivery address below: ❑ No 2. Ariejlt fain% 67 sIgi3Cblain 4 4 PS Form 3811, July 2020 PSN 7530-02-000-8053 3. Service Type ❑ Adult Signature E Adult Signature Restricted Delivery Certified Mall® edified Mall Restricted Delivery ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery D Insured Mail O Insured Mail Restricted Delivery (over $50C) ❑ Priority Mall Express® C Registered MailTM ❑ Registered Mall Restricted Delivery ❑ Signature ConflrmationhM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt Hello