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Home My WebLink About20242607.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOHN KRENZELOK 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, John Krenzelok, claiming that the Defendant's property was in violation of the Weld County Code, and WHEREAS, the County Court found the Defendant's 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, ZCV21-00077, and upon Weld County's motion, the County Court ordered the Defendant to pay $50.00 for each day that the property remained in violation of the Weld County Code, beginning on March 21, 2022, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: • June 22, 2022: $3,200.00 for the period of March 21, 2022, through and including May 22, 2022; • November 14, 2022: $7,000.00 for the period of May 23, 2022, through and including October 9, 2022; • November 13, 2023: $18,350.00 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $16,350.00 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 2, 2024 (a period of 327 days), be, and hereby is, approved. cc :PL (ER/t4W /cV/zc/Nt5/OS), c A (138/ m/As), TR(BG/RF) lo/16/29 2024-2607 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOHN KRENZELOK 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 COUNTLORADO ATTEST: G{ •61, gin• Weld County Clerk to the Board By:entatnuatitati Deputy Clerk to the Board APP:: ED County ney 101% Date of signature: t "� 1) KevirlDRoss, Chair Perry L. B Pro-Tem man ott ' . James CUSED on Saine 2024-2607 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 2024-2607 I 0/Z 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 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' 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 John Krenzelok 39538 Boulevard B Eaton, CO 80615-9539 John Krenzelok, WELD COUNTY ATTORNEY'S OFFICE 1150 O STREET P.O. BOX 758 GREELEY, CO 80632-0758 WEBSITE: www.weld.ciov 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 39538 Boulevard B to be in violation of the Weld County Code. On March 29, 2022, the Court entered ordered you to pay a daily Penalty of $50.00 per day beginning on March 21, 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 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 12, 2023, through September 2, 2024. This period totals 327 days for a total of $16,350.00. 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 16 350.00. Such lien would have priority over all other security interests, except for taxes. In addition to the $16,350.00, 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, Adria Sc iel Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: March 29, 2022 9:02 AM Greeley, Colorado 80632 CASE NUMBER: 2021C34313 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY JOHN KRENZELOK Case Number: 21-C-34313 Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on March 21, 2022, for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on November 12, 2021. Plaintiff was represented by Assistant Weld County Attorney Caitlin Perry, and Defendant, John Krenzelok, failed to appear. Testimony was heard from Hannah Dutrow, 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) §23-10-40, and WCC §29-11-10(C). Defendant was properly served on September 10, 2021. Defendant consented to the Court's jurisdiction and entered into a stipulation on November 1, 2021, which was approved and ordered by the Court on November 12, 2021. 2. Defendant owns and/or occupies the property located at 39538 Boulevard B, Eaton, Colorado, 80615 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 presence of an occupied camper/trailer-RV; the storage of a manufactured structure (mobile home); the presence of Accessory Uses without a Principal Use including the presence of a noncommercial junkyard including, but not limited to, derelict vehicles, tires, car parts, and other miscellaneous debris; and the addition of accessory structures (storage buildings). Defendant further agreed to 1) submit a complete Residential or Manufactured Building Permit application (if eligible) to permit the manufactured structure by December 6, 2021 or if not eligible to permit the structure then remove the structure from the property and provide evidence of relocation or destruction by December 6, 2021; 2) submit a complete Zoning Permit for a Temp During Construction (ZPMH) to apply to permit the temporary use of the camper/trailer-RV during construction of the residence by December 6, 2021; 3) screen using approved screening materials the noncommercial junkyard including, but not limited to, the derelict vehicles, fluid containers, car parts, scrap materials, windows, rafters, building materials, and other miscellaneous debris by December 6, 2021; 4) contact the zoning compliance officer to arrange an inspection of the property; and 4) pay an initial financial penalty in the amount of $50.00. Alternatively, instead of submitting the abovementioned permit applications and screening the Defendant had the option to do the following: 1) vacate the occupied camper/trailer-RV including compacting the unit and disconnecting from utilities, or remove the camper/trailer-RV by December 6, 2021; 2) remove the manufactured structure from the property and provide evidence of relocation or disposal by December 6, 2021; and 3) remove the noncommercial junkyard including but not limited to derelict vehicles, fluid containers, car parts, scrap materials, windows, rafters, building materials, and other miscellaneous debris by December 6, 2021. 4. Weld County Compliance Officer, Hannah Dutrow has inspected the property on multiple occasions, including most recently on March 10, 2022. As detailed by the testimony of Ms. Dutrow, and as depicted in the photographs admitted into evidence as Exhibits A -C, the Property still contains an unpermitted manufactured structure (mobile home), an unpermitted occupied camper -trailer -RV, a nonconforming partially screened noncommercial junkyard which is not allowed without a principal use, and accessory structures (storage buildings) not allowed on the property without a principal use. In addition, the stipulated deadline, December 6, 2021, for Defendant to correct the violations expired several months ago. 5. The Court finds that the property still contains an unpermitted manufactured structure (mobile home), an unpermitted occupied camper -trailer -RV, a nonconforming partially screened noncommercial junkyard which is not allowed without a principal use, and accessory structures (storage buildings) not allowed on the property without a principal use, in violation of the Weld County Code, that none of the stipulated terms were completed by December 6, 2021 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 $50.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty will begin on March 21, 2022 and will continue until further order of this Court. SO ORDER March 29, 2022 Randall C. Lococo Date Weld County Court Magistrate ZCV21-0OO77; 2021-C-34313 John Krenzelok 39538 BOULEVARD B Violations: Noncommercial Junkyard & Structures without a Principal Use, Manufactured Structure without Permits, Occupied Camper/RV * March 21, 2022 ($50 daily penalty imposed) * October 12, 2023 up to and including September 2, 2024 = 327 days * $50 / Daily @ 327 days = $16,350.00 Floodplain - Floodplain - Floodplain • Floodplain - Floodplain - Floodplain - Preliminary Preliminary Preliminary Preliminary This map is a user generated staat output tram an inter -yet mapp ng site and a't,. 'Offence atiy Data layers that appear on t*tis rft30 airy or Mit riot be accurate current or 9rhee-s4e Witte THIS MAP IS NOT TO BE USED FOR NAVIGATION 500 Year 100 Year Zone A 100 Year Floodwa 100 Year Zone AE 100 Year Zone Al - 100 Year Zone AC Floodplain - 500 Y. Floodplain - 100 Y. Floodplain - 100 Y. Floodplain - 100 Nei I is WELD emu.. (ONLINE COUNTY MAPPING Cheyenne itt`f s w . F-vt Colnns Boulder CAMFIEL3 TOWNSITE CAMFIELD TOWNSITE Denver Legend Parcels Histonc Townsite Zoning ■ A (Agiwturat) Art (Canouterated Arsons - _... _ ._ G,�� us . ■ Ce2 (General Cornered C4 awes* Comrnerca e Case: AG A _ _ _ .. - TOWNSITE ■ C -a (Highway Ccrnrnerwl i III E (Estate} 41 (usIna►) ki0CAMFIELD CAMFIELD TC>WNS1iE " 1.2 (Indusltarl II1.3 (Industtar 1 ■ P1.10 1 Planned Unit pe.eicprrerr .. i R-1 (awer t0n.ty RrsaentsS R•2 PasiLcsidentwi 1 .. 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