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Home My WebLink About20242576.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF COUNTY COMPLIANCE VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MARCO ANTONIO RUIZ SOTO AND MARIA DEL CARMEN BEJARANO-BARRAZA 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, Marco Antonio Ruiz Soto and Maria Del Carmen Bejarano-Barraza, 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, CCV23-00077, 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 February 5, 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 $10,450.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from February 5, 2024, through and including August 31, 2024 (a period of 209 days), be continued to November 25, 2024, 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 $10,450.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from February 5, 2024, through and including August 31, 2024 (a period of 209 days), be, and hereby is, continued to November 25, 2024, at 9:00 a.m. cc: PL(ER/MN/Cv/Sc/N'5/W /RG) C A(Bt3 /Km/AS) TR.(t36/RF) to/%/2.4 2024-2576 PL0824 CONTINUE CERTIFICATION TO WELD COUNTY TREASURER OF COUNTY COMPLIANCE VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MARCO ANTONIO RUIZ SOTO AND MARIA DEL CARMEN BEJARANO BARRAZA 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: C.(, je. 1 Weld County Clerk to the Board K BkAett4-iyi 1,00A. Deputy Clerk to the Boar APPROVED AS TO FOR Att • rney g°131Z14 Lori Saine Date of signature: EXCUSED KD. Ross, Chair erry L. ck, Pro-Tem ike _ reeman K. James 2024-2576 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 2024-2576 A/30 1 PLOSZ4 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 5th 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. $50 x 209 = $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) • 19714CR50%,LaSalle 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. $25x188=$4,700.00 2 WELD COUNTY ATTORNEY'S OFFICE 1150 O STREET P.O. BOX 758 GREELEY, CO 80632-0758 WEBSITE: www.weld.qov 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 Marco Antonio Ruiz Soto and Maria Del Carmen Bejarano Barraza 340 Dunmire Street Frederick, CO 80530 Marco Antonio Ruiz Soto and Maria Del Carmen Bejarano Barrraza, 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 340 Dunmire Street to be in violation of the Weld County Code. On February 15, 2024, the Court ordered you to pay a daily Penalty of $50.00 per day beginning on February 5, 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 February 5, 2024, up to and including August 31, 2024. This period totals 209 days at 50.00 per day for a total of $10,450.00. 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 $10.450.00. Such lien would have priority over all other security interests, except for taxes. In addition to the $10,450.00, 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. Res ectfu Ily,, Adria Schiel Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE Greeley, Colorado 80632 CASE Phone Number: (970) 475-2400 FILED: February 15, 2024 12:39 PM NUMBER: 2023C37090 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY MARCO ANTONIO RUIZ SOTO and MARIA DEL Case Number: 23-C-37090 CARMEN BEJARANO BARRAZA, Division: C Defendants. ORDER FOR DEFAULT JUDGMENT This matter came before the Court on February 5, 2024, for a nonappearance return date on summons. Plaintiff was represented by Assistant Weld County Attorney Adria Schiel, and Defendants 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. Defendants were properly served on January 17, 2024. Defendants failed to file an Answer or otherwise appear on the return date February 5, 2024. As a result, this Court enters default judgment against Defendants. 2. Plaintiff brings this action for enforcement of zoning violations pursuant to Chapter 23 of the Weld County Code, as permitted by § 30-28-124.5 C.R.S. 3. Defendant owns the property located at 340 Dunmire Street, Weld County, Colorado. Therefore, this Court has jurisdiction over the property and venue is proper. The property is being used in violation of the Weld County Zoning Code. Specifically, the property is still in violation due to the continued presence of Commercial Vehicles and Commercial equipment including commercial storage such as iron/metal and miscellaneous debris on the property. Additionally, a building permit has not been submitted for the structure located on the Northeast side of the property. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. The Defendant is in default. 2. A $50.00 per day penalty is ordered due to the continued violation. The penalty will begin on February 5, 2024, and will continue until further order of this Court. 3. A $50.00 initial penalty is ordered due to the violation. SO pRDERED. February 15, 2024 Magistrate Annette J.udelius Date CCV23-OOO77; 23C37090 Marco Antonio Ruiz Soto & Maria Del Carmen Bejarano Barraza 340 DUNMIRE STREET Violations: Storage of Commercial Vehicles and equipment in a subdivision * February 5, 2024 ($50 daily penalty imposed) * February 5, 2024 up to and including August 31, 2024 = 209 days * $50 / Daily @ 209 days = $10,450.00 Fr? WELD COUNTY ONLINE MAPPING t 1 rten, 1f Fort Collins Loveland Souldr • �4 t Denver ;r. Legend • Parcels Zoning A (tetra,) A-1 (Concentrated Antmal) ■ C-1 (Neighborhood Commercial) ■ C-2 (General Commercial) ■ C-3 (Business Commercial) C-4 (Highway Carnmeraal ■ E 'Estate ► I-1 (Industrial) 1-2 (Industrial) ■ 1-3 (Industrial) PUD (Planned Und Oevebptnent R-1 (Low Density Residential) R-2 ( Duplex Residential) ■ R-3 (Medium Density Resedent►al) R-4 (High Density Resdant&ali ■ R-5 (Mobile Homo Residential, Highway County Boundary Notes Hello