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Home My WebLink About20242579.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF COUNTY COMPLIANCE VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CHEVY TRUCK PARTS, LLC, C/O DOUGLAS RUPPEL 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, Chevy Truck Parts, LLC, c/o Douglas Ruppel, 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 County Compliance Violation, CCV23-00124, and upon Weld County's motion, the County Court ordered the Defendant to pay $100.00 for each day that the property remained in violation of the Weld County Code, beginning on July 3, 2024, 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 30th day of September, 2024, the Board of Commissioners of Weld County, Colorado, found that the certification of $6,000.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from July 3, 2024, through and including August 31, 2024 (a period of 60 days), be continued to March 31, 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 $6,000.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from July 3, 2024, through and including August 31, 2024 (a period of 60 days), be, and hereby is, continued to March 31, 2025, at 9:00 a.m. GG:PL. aR/KW/cV/sc/N8/w=/g(,), CA(BS/KM/RS), TR(BG /RF) to/g/24 2024-2579 PL0824 CONTINUE CERTIFICATION TO WELD COUNTY TREASURER OF COUNTY COMPLIANCE VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CHEVY TRUCK PARTS, LLC, C/O DOUGLAS RUPPEL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of September, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk to the Board A (i Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney Date of signature: 10151 7.1`f EXCUSED Kevin D. Ross, Chair Perry L. i ck, Pro-Tem rircQ‘Lra, ike Freeman tt K. James on Saine 2024-2579 PL0824 TO: Board of County Commissioners FROM: Adria Schiel, Assistant County Attorney DATE: September 30, 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 September 30, 2024 New Certifications Daniela Flores (CV) Manuel Montez (CV) • O N. Ethel Ave (Parcel Number • 19355 County Road 52 10511101003) • 23C34086 • 22C34238 • $15.00 per day daily penalty beginning • $25.00 per day penalty beginning on on September 18, 2023. 1/8/2024 • Violations: occupied recreational • Violations: vacant property with RV's vehicles, non-commercial junkyard • 1/8/2024 up to and including 8/31/2024 • 9/18/2023 up to and including 8/31/2024 is 237 days. is 349 days. • $25 x 237 = $5,925.00 • $15.00 x 349= $5,235.00 2024-2579 cv3o PLO2-1- Brian Rector (NB) 2061 County Road 53, Kersey 22C36441 $50.00 per day penalty beginning 12/4/2023 Violations: commercial vehicles, building without permits, no land use permits 12/4/2023 up to and including 8/31/2024 is 272 days. $50 x 272 = $13,600.00 Homar Manriquez (NB) • 23-C-36810 • 500 5' Street and 27333 4th Street, Gill • $75.00 per day penalty to begin on 8/5/2024 Violations: non-commercial junkyard 8/5/2024 up to and including 8/31/2024 is 27 days 27 x $75.00 = $2,025.00 Jacob Rettenberger and Sherry Louk (NB) 11780 Deford Street, New Raymer 23C37073 $25.00 per day penalty beginning on May 6, 2024. Will increase to 50.00 per day on June 6, 2024. Violations: non-commercial junkyard 5/6/2024 up to but not including 6/6/2024 is 31 days 25.00 x 31= 775.00 6/6/2024 up to and including 8/31/2024 is 87 days $50.00 x 87 = 4,350.00 $775.00 + $4,350.00 = $5,125.00 Marco Antonio Ruiz Soto and Maria Del Carmen Bejarano Barraza (CV) • 340 Dunmire Street 23C37090 $50.00 per day penalty beginning 2/5/2024 Violations: storage of commercial vehicles and equipment 2/5/2024 up to and including 8/31/2024 is 209 days. $50x209=$10,450.00 Arthur Kohn (CV) 2790 175th Ave, Erie 23C33252 $40.00 per day penalty beginning on March 4, 2024 Violations: non-commercial junkyard 3/4/2024 up to and including 8/31/2024 is 181 days. $40 x 181= $7,240.00 Ivy Valdez (CV) • 19714 CR 50 %, La Salle 23C31567 $25.00 per day penalty beginning 11/6/2023 Violations: commercial vehicles 11/6/2023 up to and including 8/31/2024 is 300 days. $25 x 300 = $7,500.00 Chevy Truck Parts (NB) • 19570 CR 28 • 23C37088 $100.00 per day penalty beginning on July 3, 2024 • Violations: outdoor storage of commercial equipment, recreation and personal vehicles, semis and semi -trailers without land use permits • 7/3/2024 up to and including 8/31/2024 is 60 days • $100.00 x 60= $6,000.00 Michael Lopez (JC) 3503 County Road 75, Roggen 23C31410 $25.00 per day penalty beginning 2/26/2024 Violations: non-commercial junkyard 2/26/2024 up to and including 8/31/2024 is 188 days. $25 x 188 = $4,700.00 2 Chevy Truck Parts LLC C/0 Douglas Ruppel 1479 S Jasper St Aurora, CO 80017-4028 Douglas Ruppel, 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 16, 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 19570 County Road 28 to be in violation of the Weld County Code. On June 13, 2024, the Court ordered you to pay a daily Penalty of $100.00 per day beginning on July 3, 2024, 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 September 30, 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 of July 3, 2024, up to and including August 31, 2024. This period totals 60 days for a total of $6,000.00. 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 SAANCIILO. Such lien would have priority over all other security interests, except for taxes. In addition to the $6,000.00, 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 Nicole Brick at (970) 400-3551. Please feel free to contact me with any questions. Respgctfuli Adria Scchiel Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: June 13, 2024 9:12 AM Greeley, Colorado 80632 CASE NUMBER: 2023C37088 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY A CHEVYTRUCK PARTS LLC, Case Number: 23-C-37088 Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on June 3, 2024, for an evidentiary hearing. Plaintiff was represented by Assistant Weld County Attorney Adria Schiel, and Defendant, Chevy Truck Parts LLC, appeared pro se. Testimony was heard from Nicole Brick, Weld County Compliance Officer, and Diana Martinez and Douglas Ruppel for Chevy Truck Parts LLC. Based upon the testimony of the parties and Plaintiffs admitted Exhibits A through H, 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. Defendant was properly served on December 14, 2023. 2. Defendant owns and/or occupies the property located at 19570 CR 28, in unincorporated Weld County (the "Property"). 3. The Court finds that the Plaintiff has proven by a preponderance of the evidence that the Defendant has failed to comply with the stipulation that was Ordered by the Court on February 5, 2024. The Defendant failed to pay the initial civil penalty of $250.00 and a complete USR draft application was not submitted by May 1, 2024, as agreed to in the stipulation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 5. A $100.00 per day penalty is ordered due to the continued violation. The penalty will begin on July 3, 2024, and will continue until further order of this Court. June 13, 2024 ANNETTE J. KUNDELIUS Date Weld County Court Magistrate CCV23-OO124; 23-C-37088 ChevyTruck Parts c/o Doug Rupple 19570 COUNTY ROAD 28 Violations: Outdoor Storage of Commercial Equipment, Recreational/Personal Vehicles, & Semis and Semi - Trailers without Land Use Permit * July 3, 2024 ($100 daily penalty imposed) * July 3, 2024 up to and including August 31, 2024 = 60 days * $100/ Daily @ 60 days = $6,000.00 This map is a .At reef at d static tvtput fra n an Interne: twang sate and rent* only Data levers mat swear M on thls nap may Or may act be accurate Curren. Of otheratserliial THIS MAP IS NOT TO BE USED FOR NAVIGATION rZ WELD COUNTY ONLINE MAI' INc Case: C0112-0001 1-3 I tionem i 0 558.56 1,1171 Feet WGS.1984 _ Web Mercator Auxiliary Sphere C Weld County Colorado TM map K a ul r ger ate° static output from an Internet frIXOng Site And s reference only Data layers ?Ng appear on this map may or may not be accu i . • current, or cttlervn%t rNtatsr THIS MAP IS NOT TO BE USED FOR NAVIGATION Cteygnne Fort COhns t nw4tnd floulder Denver • Str.. Legend Parcels Zoning ■ A'Agrcvtu►ai t A.1 a Carcentrattd Menai. ■ C-1 i hic y itkahoua Comrneroal ■ C4 (Gerr.at Commensal) ■ C-3 tautness Cornnrercal I C-4 (►lrgtrway Ca'nmecnst E (Estate) filLt (Initntrali f~2ttmaniatt 1.3 ()Musty" i PUD 'Pirtle(' lint Oeii eloprnert R.1 It dr Oensdy Reiaaerra R.2 iDWkz fessienhai R.3 (itecburn Denny Resectertai R-4 (Mr Densttr Resroertai, • tltrdr, wvrr Pinicir+vteri Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone At- Floodplain - 100 Year Zone AC Preliminary Floodplain - 500 Yt P.oltmrnan' Ctnntlnlnin _ 1(111 V, Notes 09/24/2024 a,. 2024/09/2 -n co co co rn 1 a L.J D ri N U.S. Postal Servicerr., CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For, delivery information visit our website at www.usps.com, Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here Sant To Chevy Truck Parts LLC - C/0 Douflas Threat, pp rLiar. N • oeoxNoo.1479 S Jasper St oPo Ruppel City, State, zIP+a Aurora CO 80017-4028 PS Form 3800, June 2002 See Reverse for Instructions 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 mailpiecq or on the front if space permits. 1. Article Addressed to: CHEVYTRUCK PARTS LLC C/O DOUGLAS RUPPEL 1479 S JASPER ST AURORA CO 80017 i 11111111 111111' 111111 i i i 9590 9402 6113 0209 7526 11 i • Actinic Number (Transfer from. c" ?005 1160 0❑01 4 538 3886 PS Form 3811, July 2015 PSN 7530-02-000-9053 • COMPLETE THIS SECTION ON DELIVERY Nine) C� Agent dressee C. Opof ii ery D. Is delivery address dfrferent from Item 1?/O"Yekt If YES, enter delivery address below: [] No 3. Service Type ❑ Mutt Signature o Mutt Signature Restricted Delivery D Certified Mali® ❑ Certified Mall Restricted Delivery C] Collect on Delivery 't on Delivery Restricted Delivery Mall s Mall Restricted Delivery 5OO) O Priority Mall Expresso ❑ Registered MaliT" o Registered Mall Restricted Delivery • Return Receipt for Merchandise ❑ Signature Confirmation?" D Signature Confirmation Restricted Delivery Domestic Return Receipt Hello