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Home My WebLink About20242614.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JUAN AND SILVIA GALLARDO 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, Juan and Silvia Gallardo, 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 Zoning Violation, ZCV21-00260, and upon Weld County's motion, the County Court ordered the Defendants to pay $25.00 for each day that the property remained in violation of the Weld County Code, beginning on August 8, 2022, and WHEREAS, the Board of County Commissioners previously approved the certification of $10,700.00 to the Weld County Treasurer for the daily penalties accruing period from August 8, 2022, through and including October 8, 2023, 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 2 the Weld County Treasurer. U .c NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $8,250.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 9, 2023, through Nm3 and including September 2, 2024 (a period of 330 days), be, and hereby is, approved. Lft LL o� a-1�N 6i U J QN N F 1' aP1 N o i Cc: pLCER/MN/CV/Zc/NF3/WI, cA(8B/KM/A5), 2024-2614 TR(Bei Re) PL0824 I o/16/2N CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JUAN AND SILVIA GALLARDO 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 COUNT ATTEST: , do Weld County Clerk to the Board Deputy Clerk to the Board AP' IWED AS County .rney Date of signature:1al O tZ`C Kevin D. Ross . James CUSED Lori Saine Ch it 2024-2614 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 2024-2614 PUW.(-1. Frank and Yrene Martinez (CV) County Road 55 parcel no 029733400009 Case 21C37057; ZCV21-OO159 $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 26th 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 22C32O65/ZCV21-OO26O • $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 WELD COUNTY ATTORNEYS 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 18, 2024 Juan Gallardo Silvia Gallardo 16375 Good Ave Fort Lupton, CO 80621-4752 Juan Gallardo and Silvia Gallardo, 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 located at 16375 Good Ave., Weld County, Colorado to be in violation of the Weld County Code. On December 23, 2022, the Court entered an Order for Default Judgment, and ordered you to pay a daily Penalty of $25.00 per day beginning on August 8, 2022, and continuing until further order of the Court (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 9, 2023, up to and including September 2, 2024. This period totals 330 days for a total of $8,250.00. 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 $8,250.00. Such lien would have priority over all other security interests, except for taxes. In addition to the $8,250.00, 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 Jordan Cook at (970) 400-3529. Please feel free to contact me with any questions. Respectfully, Adria Schiel Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 901 9th Avenue, P.O. Box 2038, DATE Greeley, CO 80632 CASE Phone Number: (970) 475-2400 FILED: December 23, 2022 11:48 AM NUMBER: 2022C32065 ♦ FOR COURT USE ONLY A BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. Case Number: 22-C-32065 Division: C JUAN C. GALLARDO and SILVIA L. GALLARDO, Defendants. ORDER FOR DEFAULT JUDGMENT THIS MATTER comes before the Court on Plaintiff's motion for default judgement that came before the Court via PPJ sheet on August 8, 2022. The Court has reviewed the motion as well as the Affidavit filed in this case; and being otherwise fully advised in the premises, hereby fords: 1. The Plaintiff commenced this suit by filing its Complaint with the Court on April 13, 2022. 2. The Plaintiff brought this action against the Defendants pursuant 30-28- 124.5(1), C.R.S. and the Weld County Code for violations of sections 23-3-45, 23-3-50, and 23-3-55 at 16375 Good Avenue, Weld County, Colorado. Specifically the violations are the parking of at least 1 (one) Commercial Vehicle without the required land use permit and the presence an occupied camper/trailer-RV. 3. Service was made upon Silvia Gallardo on July 6, 2022, by the service of the Alias Summons and a copy of the Complaint, Answer, Stipulation and Case Management Order. A copy of the return of service was properly filed with the Court on July 7, 2022. 4. The Defendants have not filed an answer as outlined in C.R.C.P. 312, or any answer as of the date of this Order. 5. The Defendant is in default, and the Plaintiff is entitled to the relief requested in the Motion for Default Judgement. 6. Venue has been considered and is proper in this Court as the subject property is within the County of Weld, State of Colorado. 7. The Motion for Default Judgment is HEREBY GRANTED IT IS ORDERED that the Defendant pay an initial penalty of $50.00 and a daily penalty of $25.00 which shall begin as of the Minute Order on August 8, 2022, and shall continue until further order of this Court. December 23, 2022 DATED: BY THE COURT: RANDALL C. LOCOCO County Court Magistrate, 19th Judicial District ZCV21-00260; 22C32O65 Juan & Silvia Gallardo 16375 GOOD AVENUE Violations: Commercial vehicle parking w/o proper zoning permit * August 8, 2022 ($25.00 daily penalty imposed) * October 9, 2023 up to and including September 2, 2024 = 330 days * $25.00 / Daily @ 330 days = $8,250.00 arigcht.i. is UhLih_ l . O COUNTY NIA :l'tNt' - c 4 � 69 : ;, r !� ?: • -.., _'' ;.r Legend I? z _ _ u w Parcels 1 .- i_ ivy- • • a i • . 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