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Home My WebLink About20242610.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ROGER AND SHERYL HILL 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, Roger and Sheryl Hill, 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, ZCV21-00356, and upon Weld County's motion, the County Court ordered the Defendants to pay $100.00 for each day that the property remained in violation of the Weld County Code, beginning on May 13, 2023, and WHEREAS, the Board of County Commissioners previously approved the certification of $14,800.00 to the Weld County Treasurer for the daily penalties accruing period from May 13, 2023, through and including October 7, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $33,100.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 8, 2023, through and including September 2, 2024 (a period of 331 days), be, and hereby is, approved. cc :PL(ER/MW/cv/'sc/Nns/Ws), c (88/KM/AS), TR(EG/Rri 10/I6/2.4 2024-2610 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ROGER AND SHERYL HILL 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 COUN.TO ATTEST: V.dticio G1 m:ok Weld County Clerk to the Board APP 0a,tuna- Deputy Clerk to the Board ounty ' ' orney I Date of signature: 1°1'8174 Kevin D. Ross, Chair n reeman Pro-Tem (AYE) (NAY) (AYE) (AYE) 2024-2610 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 2024-2610 0/Z Frank and Yrene Martinez (CV) County Road 55 parcel no 029733400009 Case 21C37057; ZCV21-OO159 $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 26.1 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 Roger Hill and Sheryl Hill 25056 County Road 76 Eaton, CO 80615-9508 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 Roger Hill and Sheryl Hill, 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 at 25056 County Road 76, Eaton, Colorado to be in violation of the Weld County Code. On March 24, 2023, the Court granted the County's Motion for Daily Penalties, finding that your property was still in violation of the Weld County Code, and ordered you to pay a daily Penalty of $100.00 per day beginning on May 13, 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 O Street, Greeley, CO 80632. The hearing will address the penalties for the period October 8, 2023 up to and including September 2, 2024. This period totals 331 days for a total of $33,100.00. 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 $33,100.00. Such lien would have priority over all other security interests, except for taxes. In addition to the $33,100.00, 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 (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: March 24, 2023 11:19 AM Greeley, Colorado 80632 CASE NUMBER: 2022C33533 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY ROGER HILL and SHERYL HILL Case Number: 22-C-33533 Defendants. Division: C ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on March 13, 2023 for a hearing. Plaintiff was represented by Assistant Weld County Attorney Matthew Conroy and Defendant Roger Hill appeared pro se. Defendant Sheryl Hill did not appear. The Court heard testimony from Diana Aungst, Planner with the Weld County Department of Planning Services, and testimony from Mr. Hill. 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 violations within the unincorporated area of Weld County pursuant to C.R.S. §30-28-124.5 and Weld County Code (WCC) Chapter 23. Defendants consented to the Court's jurisdiction and entered into a stipulation on August 5, 2022, which was approved and ordered by the Court on August 15, 2022. By the terms of the stipulation, Defendants admitted to the violations and agreed to fix them by October 3, 2022. 2. Defendants own and occupy the property located at 25056 County Road 76, Eaton, Colorado, 80615, in unincorporated Weld County (the "Property"). 3. Based on the testimony of Ms. Aungst and Mr. Hill, the property is in violation due to the continued presence of a commercial storage operation without the appropriate permit as well the presence of a visible noncommercial junkyard, and the Defendants have not at this time complied with the terms of the stipulation. Mr. Hill also testified that Defendants have made significant progress in fixing the violations, and that sixty days is a reasonable time to complete everything. 4. The Parties agreed in the stipulation to a daily penalty of $100.00 upon a finding of noncompliance with the terms of the stipulation. At the request of the County, execution of the judgment will be stayed for sixty (60) days to allow Defendants to complete coming into compliance with the Weld County zoning code. stay in the United States. 8. Any person convicted of a Class 2 petty offense pursuant to Section 14-4-20(A), (B), or (D) shall be subject to the following penalties: $50.00 fine for the first conviction, $130.00 fine for the second conviction, a $250.00 fine for the third conviction, and a $300.00 fine and imprisonment for no more than 90 days in the county jail for a fourth conviction. 9. Any person convicted of a Class 2 Misdemeanor under Section 14-4-20(C) shall be fined not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000.00) and/or imprisoned in the County Jail for not more than one hundred eighty (180) days. (Weld County Code Ordinance 2007-9; Weld County Code Ordinance 2008- 12). WELD COUNTY, by the Assistant County Attorney, and DEFENDANT, jointly move this court to accept the following stipulation: 1. Defendant shall plead guilty to the charge(s). 2. Defendant waives his/her right to a speedy trial. 3. Defendant shall confine his/her dog(s) on his/her property either by using a leash, chain, or pen, or keep the dog(s) within voice control for a period of TWELVE (12) months from today's date. Further, Defendant shall pay mandatory costs as assessed by the Court. 4. Defendant shall have no violations of any provision of Weld County Code Chapter 14, Article IV, or of C.R.S. 18-9-204.5 for a period of TWELVE (12) months from today's date. 5. On or before March 27, 2022 Defendant shall pay restitution through the Weld County Combined Courts in the amount of $1,360.00. Reserve to: Mark Rospierski, 10485 WCR 110, Carr, Colorado 80612 Interest Rate: Further, Defendant shall pay mandatory costs as assessed by the Court. $ in total. 6. If Defendant complies with the above requirements, the County Attorney shall file a Motion to Dismiss the charge(s) filed against Defendant. If the Court grants that Motion, the charge(s) will be dismissed with prejudice. If Defendant violates these requirements, the County may file a motion for conviction and the Defendant is entitled to a hearing on the issue of whether a requirement has been violated. Following a hearing the Court may enter conviction against Defendant and impose a sentence of fines and/or jail. The Defendant shall keep the County Attorney and the Court informed of any change of address before the date above. Page 2 of 3 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. A $100.00 per day penalty as agreed to by the parties is imposed but stayed until May 13, 2023. 2. If this matter is not dismissed before May 13, 2023, then the daily penalty will begin accruing on that date and will continue until further order of the Court. SO • RDERED. March 24, 2023 Annette Kundeli s Date Weld County Magistrate ZCV21-00356; 22C33533 Roger & Sheryl Hill 25056 COUNTY ROAD 76 Violations: Commercial storage operation without land use permit, Noncommercial junkyard * May 13, 2023 ($100 daily penalty imposed) * October 8, 2023 up to and including September 2, 2024 = 331 days * $100 / Daily @ 330 days = $33,100.00 * Contact began 10/31/2023 thru 09/17/2024 via email and phone calls made with Diana Aungst i,•_ . i WELD COUNTY ONLINE MAPPING very fit It f.nc Collins Legend rL I Parcels Highway County Boundary Legend Parcels Zoning . A (Agncuttural ) aA-1 (Concentrated Animal) 11 Gi (Neighborhood Commercial i In C-2 (General Commercial; C-3 (Business Commercial) C-4 (Highway Commercial) E (Estate) 1-1 (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 (Mobilo Home Residential) Highway County Boundary ■ 09/25/2024 Hello