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Home My WebLink About20242611.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JERRY DILL 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, Jerry Dill, 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, ZCV20-00124, and upon Weld County's motion, the County Court ordered the Defendant to pay $10.00 for each day that the property remained in violation of the Weld County Code, beginning on August 20, 2021, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: November 15, 2021: $920.00 for the period of August 20, 2021, through and including November 15, 2021; June 22, 2022: $1,880.00 for the period of November 16, 2021, through and including May 22, 2022; February 13, 2023: $2,340.00 for the period of May 23, 2022, through and including January 11, 2023; November 20, 2023: $2,800.00 for the period of January 12, 2023, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $3,200.00 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. cc FL(ER/MN/cam/sc/NBiw=), CA0313/10t/ASS, TR(.8G/RF" to/i6/2N 2024-2611 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT — JERRY DILL 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 ATTEST:.rlis,) •.�('.htD%� Weld County Clerk to the Board BY: • 1,dobtuncL Deputy Clerk to the Board Coun ,/"' orney D11'41 Date of signature: 4 WELD COU , OL ri reeman 2024-2611 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 2024-2611 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 0 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 Jerry Dill 3108 W. 0 Street Greeley, CO 80631-9129 Jerry Dill, 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 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 3108 0 Street to be in violation of the Weld County Code. On August 20, 2021 the Court entered an Order for Default Judgment, and ordered you to pay a daily Penalty of $10.00 per day beginning on August 20, 2021 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 $3,200.00. 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 $3,200.00. Such lien would have priority over all other security interests, except for taxes. le addition to the $3,200.00, 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: 901 9t' Avenue, P.O. Box 2038, DATE Greeley, CO 80632 CASE Phone Number: (970) 475-2400 FILED: August 20, 2021 3:25 PI, NUMBER: 2021C32551 ♦FOR COURT USE ONLY BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Case Number: 21-C-32551 Plaintiff, v. Division: C JERRY G. DILL and LYNNE M. KELLY, Defendant. ORDER FOR DEFAULT JUDGMENT THIS MATTER comes before the Court on Plaintiff's Motion for Default Judgment. The Court has reviewed the Motion with all Affidavits attached, as well as the file in this case; and being otherwise fully advised in the premises, hereby finds: 1. The Plaintiff commenced this suit by filing its Complaint with the Court on May 12, 2021. 2. The Plaintiff brought this action against the Defendant pursuant 30-28- 124.5(2), C.R.S. and the Weld County Code due to the presence of a visible noncommercial junkyard, storage of a mobile home, commercial storage and the presence of commercial vehicles that appear to be derelict. 3. Service was not made but Defendant Jerry Dill acquiesced to the Court's jurisdiction by appearing pro se by WebEx on July 12, 2021 and August 9, 2021. 4. The Defendant has not filed an answer as outlined in C.R.C.P. 312, or any answer as of the date of this Order. 5. The Defendant is in default, and the Plaintiff is entitled to the relief requested in the Motion for Default Judgement. 6. Venue has been considered and is proper in this Court as the subject property is within the County of Weld, State of Colorado. 7. The Motion for Default Judgment is HEREBY GRANTED IT IS ORDERED that the Defendant pay an initial penalty of $50.00 and a daily penalty of $10.00 which shall begin on the date of this Order. DATED: August 20, 2021 BY THE COURT: County Court Magistrate, 19th Judicial District ZCV2O-OO124; 2021032551 Jerry Dill 3108 O STREET Violations: Noncommercial junkyard, unpermitted mobile home, commercial vehicles * August 20, 2021 ($10.00 daily penalty imposed) * October 19, 2023 up to and including September 2, 2024 = 320 days * $10.00 / Daily @ 300 days = $3,200.00 PILIM WELD COUNTY ONLINE MAPPING 141 �w samela• 3109 .4 EP s • SI it 1 A 4My--✓j- ,i - a I r C ►ie tr-nr I- t >Ulder r " C envier._ Legend Parcels Highway ri County Boundary r WELD COUNTY Sari ONLINE MAPPING a( Fort colkns c • Loveland 71 11 )..I test Denver Ste, Legend Parcels Zoning ■ A (Agncutturai) 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) 1-2 (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 Home Residential) Highway County Boundary _f _ • Mme: t .=v.▪ C▪ r, Y a t `.,'.�- ,.'�^ .cam ('K _ _ `- ...1)‘.' • \ Jr •. ,•. i ��_ •.-", ••_ . 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