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Home My WebLink About20242651.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DAVE SANGER, SR. 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, Dave Sanger, Sr., 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, ZCV20-00093, and upon Weld County's motion, the County Court ordered the Defendant to pay an initial $50.00, and an additional $10.00 for each day that the property remained in violation of the Weld County Code, beginning on May 12, 2021, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: November 15, 2021: $1,920.00 for the period of May 12, 2021, through and including November 15, 2021; June 29, 2022: $1,880.00 for the period of November 16, 2021, through and including May 22, 2022; November 14, 2022: $1,400.00 for the period of May 23, 2022, through and including October 9, 2022; November 20, 2023: $3,740.00, for the period of October 10, 2022, through and including October 18, 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. 4988350 Pages: 1 of 2 10/16/2024 10:57 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO F1Q'XIICI N V AU II ec:fq..(othwicv/sch,s/ws.), CAC88/kM/AS), Tit036/Rff 10/2.1-4.41 2024-2651 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DAVE SANGER, SR. PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $3,250.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 19, 2023, through and including September 7, 2024 (a period of 325 days), be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of October, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD CO , COLORAl ATTEST:5+^1�: Weld County Clerk to the Board BY: QA►,�1Z,C_ Deputy Clerk to the Board APP SVED A ounty At 1() Date of signature: 4988350 Pages: 2 of 2 10/16/2024 10:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII l cenCl Illiki tiNiAll�lri �IYrrh 11111 Kevin D. Ross, Chair Perry L. Bpi k, Pro-Tem ike Freeman Saine 2024-2651 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; ZCV2O-OOO93 • $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; ZCV21-00140 • $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 2024-2651 iO/1 Itt0/ PLbszci_ Aryan Kiani (JC) 331 Dunmire St, Frederick Case 20C30918; ZCV19-00192 $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 (JCS • 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; ZCV19-00292 $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 Dave Sanger PO Box 883 Frederick, CO 80530-8051 Dave Sanger, WELD COUNTY ATTORNEY'S 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 20622 L1 THRU 17 BLK A EVANS ADD EXC MINS & COAL (565 Dunmire St.) to be in violation of the Weld County Code. On May 12, 2021 the Court entered an Order for Default Judgment, and ordered you to pay a daily Penalty of $10.00 per day beginning on May 12, 2021 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 0 Street, Greeley, CO 80632. The hearing will address the penalties for the period October 19, 2023, up to and including September 7, 2024. This period totals 325 days for a total of $3,250.00. 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 $115.20. Such lien would have priority over all other security interests, except for taxes. In addition to the $3,250.00, 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, Adria5efiiel Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 901 9`h Avenue, P.O. Box 2038, Greeley, CO 80632 Phone Number: (970) 475-2400 DATE FILED. May 12, 2021 10:06 A CASE NUMBER: 2021C30145 ♦FOR COURT USE ONLY • BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Case Number: 21-C-30145 Plaintiff, v. Division: C DAVE SANGER, SR., Defendant. ORDER FOR DEFAULT JUDGMENT THIS MATTER comes before the Court on Plaintiff's Motion for Default Judgment. The Court has reviewed the Motion with all Affidavits attached, as well as the file in this case; and being otherwise fully advised in the premises, hereby finds: 1. The Plaintiff commenced this suit by filing its Complaint with the Court on January 13, 2021. 2. The Plaintiff brought this action against the Defendant pursuant 30-28- 124.5(2), C.R.S. and the Weld County Code due to the presence of a visible noncommercial junkyard and an unpermitted cargo container located at 565 Dunmire Street, Weld County, CO. 3. Service was made upon Respondent, DAVE SANGER, SR., on February 1, 2021, by the service of the Summons and a copy of the Complaint, Answer, Stipulation and Advisement. A copy of the return of service was properly filed with the Court on February 3, 2021. 4. The Defendant has 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 $10.00 which shall begin on the date of this Order. DATED: May 12, 2021 County Court Magistrate, 19th Judicial District ZCV2O-00093; 21C30145 Dave Sanger SR. 565 Dunmire Street Violations: Noncommercial junkyard * May 12, 2021 ($10 daily penalty imposed) * October 19, 2023 up to and including September 7, 2024 = 325 days * $10 / Daily @ 325 days = $3,250.00 First contact established 10/06/2020. Last contact 09/17/2024. Sent monthly daily penalty letters. , 1 {1 • 1 j..n.. ...1 I. Er ti J3 ru a a r� U.S. Postal Service"' CERTIFIED MAIL' RECEIPT Domestic Mail Only For delivery informat on, visit our website at www.trsps.com . a Certified Mail Fee Extrarvtce &Fees (check ooX ,ni fee n g *r t ) ❑ Return Receipt (Itardcopy) $ ❑ Return Receipt (electronic) S ❑ Certified Mail Restricted Delivery $ oAdult Signature sired $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here (U . Ssont To ru Dave Sanger, Sr. ❑ fStro i -i rid Apt. 'No., or PO box r I PO Box 883 °Ix darick Co 80530 • do• -M_ ..... "C *PS Form 3800, April 2015 PSN 1520 -02 -000 -sal: See Reverse for Instructions SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. I 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 mafpiece, or on the front if space permits. Article Addressed to: Dave Sanger, Sr, PO Box 883 Frederick CO 80530 111111111 IHI�IN IIi 11l11I111JlIJ1I III V I III 9590 9402 7867 2234 5929'3 Atc�e urn§ ffr85sfer Iom service label) 2659 5'36 PS Form 3811, July 2020 PSN 7530-02-000.9053 COMPLETE THIS SECTION ON DELIVERY A. S. attire Mitt B. Received P'.�Iti j d Warns, Q Agent W�essee Cr'Qate of Delivery t D is dell if YE Very address different from itern\j ?cJ_ { Yes enter 4leflivejy dresq e.iow: ❑',No 6114 1 3. Service Type r, ❑ Adult Signature 0 Adult Signature Restricted Delivery o Certified Mali® rtified Mali Restricted Delivery Q o Collect on Delivery O Collect or. Delivery Restricted Delivery ❑ Insured Mall O Insured Mail Restricted Delivery (over $500) Priority Mall Express® Registered MaIITM Registered Mall Restricted Delivery Signature ContlrmatlonTM Signature Confirmation Restricted Delivery Domestic Return Receipt Hello