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Home My WebLink About20242575.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF COUNTY COMPLIANCE VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JACOB RETTENBERGER AND SHERRY LOUK 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, Jacob Rettenberger and Sherry Louk, 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 County Compliance Violation, CCV23-00169, and upon Weld County's motion, the County Court ordered the Defendants to pay $25.00 per day for 31 days, and $50.00 per day for each day that the property remained in violation of the Weld County Code, beginning on May 6, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $5,125.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from May 6, 2024, through and including August 31, 2024 (a period of 117 days), be, and hereby is, approved. cc•Pi-CE'R/Mu/cV/ScA46/Z/(Z6.), CA0313/KK/RS), 2024-2575 TRCi3G/RO PL0824 to /Sts/LH CERTIFICATION TO WELD COUNTY TREASURER OF COUNTY COMPLIANCE VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JACOB RETTENBERGER AND SHERRY LOUK 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: Wsw:A.4) Weld County Clerk to the Board BY: Gto- . tiaAu3)-r-if, Deputy Clerk to the Board APPROVED AS TO FOR {.y County Attorney I0 Date of signature: Perry L._uck, Pro-Tem Mike reeman t K. James on Saine 2024-2575 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) • 0 N. Ethel Ave (Parcel Number • 19355 County load 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= $5,235.00 2024-2575 1/30 PL O$-14 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 1750 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. $40x181=$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. $25 x 188 = $4,700.00 2 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 Jacob Rettenberger and Sherry Louk 11780 Deford Street New Raymer, CO 80742 SENT VIA CERTIFIED AND FIRST CLASS MAIL lacob Rettenberger and Sherry Louk, 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 11780 Deford Street to be in violation of the Weld County Code. On May 6, 2024, the Court ordered you to pay a daily Penalty of $25.00 per day beginning on May 6, 2024. Additionally, the Court ordered that the daily penalty will increase on June 6, 2024 to a $50.00 per day penalty, 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 O Street, Greeley, CO 80632. The hearing will address the penalties for the period May 6, 2024, up to and including August 31, 2024. This period totals (31 days at $25.00 per day and 87 days at $50.00 per day) for a total of $5,125.00. 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 $5,125.00. Such lien would have priority over all other security interests, except for taxes. In addition to the $5,125.00, 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 Schiel Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: June 4, 2024 8.57 AM Greeley, Colorado 80632 CASE NUMBER: 2023O37073 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF TILE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY • JACOB RETTENBERGER and SHERRY t,OUK, Case Number: 23-C-37073 Division: C Defendants. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on May 6, 2024, for an evidentiary hearing. Plaintiff was represented by Assistant Weld County Attorney Adria Schiel, and Defendants, Jacob Rettenberger and Sherry Louk, appeared virtually and pro se. Testimony was heard from Jordan Cook and Nicole Brick, Weld County Compliance Officers and Defendants Jacob Rettenberger and Sherry Louk. Based upon the testimony of the parties and Plaintiff's admitted Exhibits A through E. this Court makes the following findings of fact and conclusions of law: I. 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 Jacob Rettenberger was properly served on February 13, 2024. 2. Defendants own and/or occupy the property located at 11780 Deford Street, New Raymer, Colorado, in unincorporated Weld County (the "Property"). The Property is zoned (A) Agricultural subdivision in historic townsite. 3. The Court finds that the Plaintiff has proven by a preponderance of the evidence that the property is in violation of the Weld County Code. The Court finds that while there may be a dispute as to the property sines, the property is in violation of the Weld County Code due to the presence of a noncommercial junkyard. on a part of the property Defendants admit they own. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 4. The Court orders a $25.00 per day penalty to begin on May 6, 2024. The daily penalty will increase on June 6, 2024, to a $50.00 day penalty, if no steps are taken. June 4, 2024 nunc pro tunc May 6, 2024 Annette J. Kundelius Date Weld County Court Magistrate CCV23-00169; 23 -C -37O73 Jacob Rettenberger & Sherry Louk 11780 DEFORD STREET Violations: Noncommercial Junkyard without a Principal Use * May 6, 2024($25 daily penalty imposed) - Will increase to $50/day on June 6, 2024. * May 6, 2024 up to but not including June 6, 2024 = 31 days * $25 / Daily @ 31 days = $775.00 * May 6, 2024 up to and including August 31, 2024 = 87 days * $50 / Daily @ 87 days = $4,350.00 * $775.00 + $4,350.00 = 5,125.00 Floodplain - Floodplain - Floodplain - Floodplain - Floodplain - Prellminary Preliminary Preliminary Preliminary This map as a us*► gvneretd state output horn an Internet rnapp ng site and s for forrenat cref Data tayrn tral! appear on fl nip may a May not be accurate c n*nt. a ottionowse rtbair* THIS MAP IS NOT TO BE USED FOR NAVIGATION 10O Year Zone A 100 Year Floodwa 10O Year Zone AE 10O Year Zone At - 100 Year Zone AC Floodplain - 500 Y. Floodplain - 1OO Y. Floodplain - 1OO Y. Floodplain - 1OO Y. WGS .1984 Web Mercator__ Au salary _Sphere C Weld County Colorado The map K a user retard sea slat output frown an Interne mappng site and a kw reference ony Data t tree appear on etas map may or may rot be actuate. currant. Or Otheesne rt4tabar THIS MAP IS NOT TO 6E USED FOR NAVIGATION Legend Parcels Huston Townsite Zoning A (Agicinal AI (Concentrated An C.1 (ttgtorhoao Canrrreresal C-3lGerrerai Carnrneras► C4 (Business Commercial) C4 Pt vwa)r Cornme rnal i E (Estate) 1-1 (UNustuil 1.2 (Wants al) 1-3 (ItOuf,ar) Pub (Planned tint a rr,rnr l R• 1 (Los Density Mesadert1S R-2 (Duplex Residential R4 (Uainr Denser Ressaer tsar R4 1► oar, Denny Residents' R -S Moor Picnic Reslaew,oat Floodplain Floodplain Floodplain Floodplain Floodplain Floodplain - 500 Year - 100 Year Zone A - 100 Year Floodwa - 100 Year Zone AE - 100 Year Zone Al- - 100 Year Zone AC Dral.rn,naru t=lnnrinit,n _ CJVI V. Notes 09/25/2024 ai • sale- -"eras' r _ ... 1.},-y., a - It a • :,C . .'�L 44 r,e., • ,a.'•l �. 3.. isrlaiet...tglidt,141,YasteE4,ii; ',4•114 ;Shit akfAVIAilIan F. . • •i� Hello