HomeMy WebLinkAbout20243062.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY
TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT -
CONSUELO HERNANDEZ
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, Consuelo Hernandez, 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, ZCV20-00215, and upon Weld County's
motion, the County Court ordered the Defendant to pay $20.00 for each day that the property
remained in violation of the Weld County Code, beginning on July 12, 2021, and
WHEREAS, on the following dates, the Weld County Board of Commissioners certified
daily penalties for the following amounts:
November 15, 2021: $2,545.00 for the period of July 12,
2021, through November 15, 2021
September 21, 2022: $5,560.00 for the period of
November 16, 2021, through August 21, 2022
November 14, 2022: $980.00 for the period of August 22,
2022, through October 9, 2022
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.
WHEREAS, at a hearing held on the 20th day of November, 2023, the Board found that
the Certification of $7,480.00 to the Weld County Treasurer to be collected as a special
assessment for the daily violation penalties from October 10, 2022, through October 18, 2023,
(a period of 374 days), be continued to May 20, 2024, at 9:00 a.m., to allow the property owner
further time to bring the property into compliance, and
WHEREAS, at a hearing held on the 20th day of May, 2024, the Board of County
Commissioners of Weld County, Colorado, found that the Certification of $11,160.00 to the Weld
County Treasurer to be collected as a special assessment for the daily violation penalties from
October 10, 2022, up to, but not including April 20, 2024 (a period of 558 days), be continued to
August 19, 2024, at 9:00 a.m., to allow the property owner further time to bring the property into
compliance, and
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121.5/24
2024-3062
PL0824
CONTINUE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - CONSUELO HERNANDEZ
PAGE 2
WHEREAS, at a hearing held on the 19th of August, 2024, the Board of County
Commissioners of Weld County, Colorado, found that the Certification of $12,960.00 to the Weld
County Treasurer to be collected as a special assessment for the daily violation penalties from
October 10, 2022, up to, but not including July 19, 2024 (a period of 648 days), be continued to
November 18, 2024, at 9:00 a.m., to allow the property owner further time to bring the property
into compliance, and
WHEREAS, at a hearing held on the 18th of November, 2024, the Board of County
Commissioners of Weld County, Colorado, found that the Certification of $12,960.00 to the Weld
County Treasurer to be collected as a special assessment for the daily violation penalties from
October 10, 2022, up to, but not including July 19, 2024 (a period of 648 days), be continued to
February 19, 2025, 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 $12,960.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from October 10, 2022, up to,
but not including July 19, 2024 (a period of 648 days), be, and hereby is, continued to February 19,
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 18th day of November, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD CO O
ATTEST: Vdtcs)
Weld County Clerk to the Board
BY:
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Deputy Clerk to the Board
APPBAVED AS T
County Aney
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Date of signature: "
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Ke 1n -BB Ross, Chair
erry L. uck, Pro-Tem
Mike Freeman
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Lori Saine
2024-3062
PL0824
TO: Board of County Commissioners
FROM: Adria Schiel, Assistant County Attorney
DATE: November 18, 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 also 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 November 18, 2024
Consuelo Hernandez (JC)
•
3223 CR 19, Fort Lupton
•
Case 21C31839; ZCV20-00215
•
$20 daily penalty beginning 7/12/2021
•
Violations: noncommercial junkyard,
installation of multiple cargo containers
without building permits
•
Continued from May 20, 2024
•
October 10, 2022 up to but not including
July 19, 2024 (648 days)
•
648 days x $20 per day = $12,960.00
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2024-3062
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MARIA HERNANDEZ CONSUELO
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