HomeMy WebLinkAbout20242654.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY
TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT -
ENRIQUE JIMENEZ-GONZALES
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, Enrique Jimenez -Gonzales, 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, ZCV22-00080, 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 July 10, 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 7th day of October, 2024, the Board of Commissioners of Weld
County, Colorado, found that the certification of $10,650.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from July 10, 2023, through and
including September 7, 2024 (a period of 426 days), be continued to April 7, 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 $10,650.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from July 10, 2023, through and
including September 7, 2024 (a period of 426 days), be, and hereby is, continued to April 7, 2025,
at 9:00 a.m.
cc: PL(ER/MN/cv/3'c/NB/wx), CA(t /1CM/As),
T R(8G/RF)
to /W /2L(
2024-2654
PL0824
CONTINUE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - ENRIQUE JIMENEZ-GONZALES
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
WELD COUNTYr
ATTEST: —/ J C.1 4%,de
Weld County Clerk to the Board
.mot
Deputy Clerk to the Board
APP' e ED AS
County •rney
Date of signature:
CI9u141.
Kevin D. Ross, Chair
Pro-Tem
on Saine
2024-2654
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 (JCII
• 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-OO14O
• $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
2024-2654
b/1 P IAny-
Aryan Kiani (JC)
• 331 Dunmire St, Frederick
• Case 20C30918; ZCV19-00192
• $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-OO292
$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
Enrique Jimenez -Gonzalez
7750 Henry St.
Fort Lupton, CO 80621-4250
Enrique Jimenez -Gonzalez,
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 7166 Patrick Street to be in violation
of the Weld County Code.
On August 11, 2023, the Court entered an Order for Default Judgment, and ordered you to pay a daily Penalty of
$25.00 per day beginning on July 10, 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 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 O Street, Greeley, CO 80632. The
hearing will address the penalties for the period July 10, 2023, through September 7, 2024. This period totals 426
days fora total of $5,480.00. 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 10 650.00. Such lien would have priority over all other security interests,
except for taxes. In addition to the $10,650.00, 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,
Assistant Weld County Attorney
Enclosure
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038, DAME
Greeley, Colorado 80632 CASE
FILED: August 11, 2023 10:57 AM
NUMBER: 2023C33277
Phone Number: (970) 475-2400
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
A FOR COURT USE ONLY
ENRIQUE JIMENEZ-GONZALEZ
Case Number: 23-C-33277
Defendant.
Division: C
ORDER FOR DEFAULT JUDGMENT
This matter came before the Court on July 10, 2023, for a nonappearance return date on
summons. Plaintiff was represented by Assistant Weld County Attorney Matthew Conroy, and
Defendant failed to Answer or otherwise appear. Based upon the foregoing, this Court makes
the following findings of fact:
1 This Court has jurisdiction over the subject matter and the parties herein. Plaintiff brings
this action for enforcement of building violations pursuant to Chapters 23 of the Weld County
Code, as permitted by §30-28-124.5 C.R.S. The subject of this action is property located at
7166 Patrick St, Weld County, Colorado. Therefore, this Court has jurisdiction over the
property and venue is proper. Defendant was properly served on June 16, 2023. Defendant
failed to file an Answer or otherwise appear on the return date July 10, 2023. As a result,
this Court enters default judgment against Defendant.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
1. The Defendant is in default.
2. A $25.00 per day penalty is ordered due to the continued violation. The penalty will begin on
July 10, 2023 and will continue until further order of this Court.
3. A $25.00 initial penalty is ordered due to the violation.
SO OIIC
DERED.
August 11, 2023
Magistrate Annette Kundelius Date
ZCV22-00080; 2023033277
Enrique Jimenez -Gonzales
7166 Patrick Street
Violations:
Commercial vehicles in a Subdivison & second
mobile home without proper permits
* July 10, 2023 ($25 daily penalty imposed)
* July 10, 2023 up to and including
September 7, 2024 = 426 days
* $25 / Daily @ 426 days = $10,650.00
First contact established 10/06/2022. Last contact 09/20/2023. Reached
out through daily penalty and voicemail.
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S 1t To
Enrique Jimenez Gonzalez
.S1racf and Apt. No., or Pe gox M.
7750 HenryStreet
'it`oretutpon CO 80621
PS Form 3800, April 2015 PSN 7530.0? -000-9047 See Reverse for Instructions
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Postmark
Here
110 SSW S.
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 mailplece,
or on the front if space permits.
1. Article Addressed to:
Enrique Jimenez Gonzalez
7750 Henry Street
Fort Lupton Co 80621
1111111111111 111111 Iii
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9590 9402 7867 2234 5929 66
2. Article Number (Transfer from service label)
7022 1670 0001 2659 5368
PS Form 3811, July 2020 PSN 7530-02-000-9053
COMPLETE THIS SECTION CV DELIVERY
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B. Received by ranted Name)
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❑ No
3. Service Type
O Adult Signature
Adult Signature Restricted Delivery
Certified Mali®
Certified Mail Restricted Delivery
❑ Collect on Delivery
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(over $500)
❑ Priority Mall Express®
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❑ Signature Confirmation
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Domestic Return Receipt
STRUCTURAL GENERAL NOTES (2018 IRC):
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foundation.
3. Concrete for foundations shall have an ultimate compressive
strength (f'c) of 3000 psi at 28 days. Use type 1 -II cement and
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4. XI -2 systems & anchors shall be as provided by Tie Down
Engineering or equal, and shall be installed in accordance with the
manufacturer's recommendations for wind zone 1. OTI system is
approved equal.
5. Unless otherwise shown, installation shall be in conformance with
MANUFACTURERS Installation Manual.
6. Utilities and hook-ups not shown.
7. Contractor shall be responsible for verifying all conditions and
dimensions. Consult with the Engineer for any discrepancies
8. UFER ground consists of #4 rebar encased in concrete for 20'
min., and extending out of footing.
9. Engineer's stamp pertains to the Foundation and new deck
structure only.
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7166 PATRICK ST
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FORT LUPTON, COLORADO
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