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Home My WebLink About20242656.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CHARLES SIMANSKY 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, Charles Simansky, 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, ZCV19-00292, 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 July 11, 2022, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: • November 9, 2022: $910.00 for the period of July 11, 2022, through and including October 9, 2022; • November 13, 2023: $3,670.00 for the period of October 10, 2022, through and including October 11, 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, and WHEREAS, on the 7th day of October, 2024, the Board of Commissioners of Weld County, Colorado, found that the certification of $3,320.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 12, 2023, through and including September 7, 2024 (a period of 332 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. Cc:Pl. CER/14u/cV/Tchit5IWA CA(BB/KH/AS), TR(WG/RF) 1o/my/2A 2024-2656 PL0824 CONTINUE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CHARLES SIMANSKY PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $3,320.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 12, 2023, through and including September 7, 2024 (a period of 332 days), be, and hereby is, continued to April 7, 2025, at 9:00 a.m. 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 COUNTY. ATTEST: dik‘tiftmj C.l xi :ok Weld County Clerk to the Board evl14 •lt_�jtu�1G�. APP Deputy Clerk to the Board ounty ID Date of signature: 124 0 Ke ' D. Ross, Chair laeev/A Perry L. B sine , Pro-Tem man 2024-2656 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 (JC) • 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 2024-2656 (0/1 Aryan Kiani (JC) • 331 Dunmire St, Frederick Case 20C30918; ZCV19-OO192 $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 Charles Simansky 40751 County Road 68 Briggsdale, CO 80611 Charles Simansky, WELD COUNTY ATTORNEYS 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 23, 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 40751 County Road 68 to be in violation of the Weld County Code. On July 19, 2022 the Court entered an Order and ordered you to pay a daily Penalty of $10.00 per day beginning on July 11, 2022 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 October 12, 2023, up to and including September 7, 2024. This period totals 332 days for a total of $3,320.00. 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 3 320.00. Such lien would have priority over all other security interests, except for taxes. In addition to the $3,320.00, 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. Respectfully, Adri`5chiel Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: July 19, 2022 8:35 AM Greeley, Colorado 80632 CASE NUMBER: 2022C30037 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 CHARLES SIMANSKY Case Number: 22-C-30037 Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on July 11, 2022, for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on March 3, 2022. Plaintiff was represented by Assistant Weld County Attorney Caitlin Perry who appeared via Webex. Defendant, Charles Simansky, failed to appear. Testimony was heard from Tonya Johnson, Weld County Compliance Officer. 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 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) §23-3-45, WCC §23-3-50 and WCC §23-3-70. Defendant was properly served on January 22, 2022. Defendant consented to the Court's jurisdiction and entered into a stipulation on March 2, 2022, which was approved and ordered by the Court on March 3, 2022. 2. Defendant owns and/or occupies the property located at 40751 County Road 68, Briggsdale, Colorado, 80611 in unincorporated Weld County (the "Property"). The Property is zoned (A) Agricultural. 3. By stipulation, Defendant agreed that the Property was in violation of the Weld County Code due to the continued storage of a manufactured structure (mobile home) after the associated building permits expired. Defendant agreed to resolve the violations on the property. He specifically agreed to 1) relocate the manufactured structure from the property by April 25, 2022 and notify the Compliance officer of the proposed location where the structure would be relocated to in order to confirm no new violation would be created on another property; 2) in the alternative, the Defendant agreed to submit a complete demolition building permit by April 13, 2022 and pay for the permit to be issued by April 29, 2022; 3) contact the code compliance officer to arrange an inspection of the property; and 4) pay an initial financial penalty in the amount of $25.00. 4. Weld County Compliance Officer, Tonya Johnson, inspected the property on June 30, 2022. As detailed by the testimony of Ms. Johnson, and as depicted in the photographs admitted into evidence as Exhibits A, B, C, and D, the Property still contains the manufactured structure. In addition, the stipulated deadline, April 29, 2022, for Defendant to apply for a new demolition permit and pay for issuance passed several months ago. 5. The Court finds that the property still contains the manufactured structure in violation of the Weld County Code, that none of the stipulated terms were completed by April 29, 2022, in violation of the Weld County Code and Stipulation; and thus, the defendant has materially breached the stipulation. 6. The Defendant agreed to remedy all of the violations on the property as set forth in the stipulation but has failed to do so. The Court finds that Plaintiff has proven by a preponderance of evidence that the property is in violation of the Weld County Code and that the defendant has materially breached the stipulation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 7. A $10.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty will begin on July 11, 2022, and will continue until further order of this Court. SO ORD July 19, 2022 Randall C. Lococo Date Weld County Court Magistrate ZCV19-00292; 22C3OO37 Charles Simansky 40751 County Road 68 Violations: Storage of a Derelict Mobile Home * July 11, 2022 ($10 daily penalty imposed) * October 12, 2023 up to and including September 7, 2024 = 332 days * $10 / Daily @ 332 days = $3,320.00 First contact established 12/22/2021. Voicemail and email 09/12/2024 with no response. This map is r u-wi generated statt oft tram an Internet mapprg site and 6 sof reference wy Data layers that appear on tra6 map may or mitt not De accuse. current to cr-.ens c,e recatich THIS MAP IS NOT TO BE USED FOR NAVIGATION 05/11/2022 m e nJ r - MO t1 0 OM ru r -R ru 0 l- i U.S. Postal ServiceTM CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.corn '. Codified Mail Fee Extra Servicos & Pecs (chock box, add lad as appropriate) Return Receipt (hardcopy) $ CI Return Receipt (electronic) [� Certified Mail Restricted Delivery Adult Signature Required $ O Adult Signature Restricted Delivery $ - Postage S Total Postage and Fees J Postmark Here Sent To Charles Simansky • �—IN1�1111NN1�1�11111111�11�1• ►�a.751 CR ;taro, Z►A+aa Bri. : sdale CO 80611 ps Form -31360, April 2015 PSN 7530-02.000-9047 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 mailpiece, or on the front if space permits. 1. Article Addressed to: Charles Simansky 40751 CR 68 Briggsdale CO 80611 NI 11111 IIII 111111 III IIIII UI' 9590 9402 7867 2234 5930 17 • COMPLETE THIS SECTION ON DELIVERY A. Signature e7,41 cr. Elent O Addressee BReceivedrpy (Printed Name) •-"toikt1t S.4 . r *'lit pf Delivery Yes D. Is delivery address different from item 1? If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from service label) 7022 1670 0001 2659 5382 PS Form 3811, July 2020 PSN 7530-02-000-9053 3. Service Type O Adult Signature Adult Signature Restricted Delivery Certified Mail® riffled Mall Restricted Delivery O Collect on Delivery O Collect on Delivery Restricted Delivery O Insured Mall O Insured Mall Restricted Delivery (over 5500) D Priority Mail Express® Cl Registered Ma1lTM [� Registered Mail Restricted Delivery CI Signature Confirmation'"' ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt Houstan Aragon From: Sent: To: Subject: Charles Symanski <simanskycharles@gmail.com> Friday, October 4, 2024 3:43 PM CTB Property at 40751 cr 68 ut% My name is Charles Simansky and my mom died on June 9th of this year and the addition that is in violation was hers. Her stuff is in the addition and when she was alive she would not let us move it because it would upset her and we didn't want her upset at her age. I'm disabled and getting SSI each month and that is what my wife and I live on. We are trying to sell the place because she has a lot of bills that are coming against her estate and we can't afford to pay them. We have been trying to empty the addition and trying to get the property in compliance but it a lot for two people. We are hoping to sell by the end of the year or first thing next year but we don't have a closing date yet. I can let Nicole know as soon as we have a closing date so you will know what is going on. Thank you for your time. Hello