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Home My WebLink About20242853.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MICHAEL LOPEZ 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, Michael Lopez, 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, ZCV22-00212, and upon Weld County's motion, the County Court ordered the Defendant to pay $25.00 for each day that the property remained in violation of the Weld County Code, beginning on February 26, 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, and WHEREAS, at a hearing held on the 30th day of September, 2024, the Board of County Commissioners found that the certification of $4,700.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from February 26, 2024, through and including August 31, 2024 (a period of 188 days), be continued to October 28, 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 28th day of October, 2024, staff recommended the certification of $5,425.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from February 26, 2024, through and including September 29, 2024 (a period of 217 days), be dismissed, and the civil penalties be declared no longer due or owing, as the property is now in compliance with the Weld County Code and the court ended the daily penalties. cc: PL (ER/nm/cv/sc/wB/ws', cA(t58IxM/ASS, TR,(8('ArzF) t/5 /2.1 2024-2853 PL0824 DISMISS CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MICHAEL LOPEZ PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $5,425.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from February 26, 2024, through and including September 29, 2024 (a period of 217 days), be, and hereby is, dismissed, and the civil penalties, be, and hereby are, declared no longer due or owing. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of October, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: .....„;e4..),) Weld County Clerk to the Board BYOt-CCMI V`Ja4en Deputy Clerk to the Board County At orney Date of signature: Perry`L.fck, Pro-Tem ott K. James Lori Saine 2024-2853 PL0824 TO: Board of County Commissioners FROM: Adria Schiel, Assistant County Attorney DATE: October 28, 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 28, 2024 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 9/29/2024 is 188 days. • $25 x 217 = $5,425.00 • Property is in compliance and dismissed on 10/21/2024 • Recommendation: no certification to the Weld County Treasurer 1 2024-2853 I0/2 PL0824 Michael Lopez 3503 County Road 75 Roggen, CO 80652 Michael Lopez, 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 October 10, 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 3503 County Road 75 to be in violation of the Weld County Code. On February 29, 2024, the Court ordered you to pay a daily Penalty of $25.00 per day beginning on February 26, 2024, 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 28, 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 February 26, 2024, up to and including September 29, 2024. This period totals 217 days for a total of $5,425.00. 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 $1,11,210. Such lien would have priority over all other security interests, except for taxes. In addition to the $5,425.00, 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 Sc9iel Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: February 29, 2024 9:08 AM Greeley, Colorado 80632 CAS NUMBER: 2023O31410 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY A MICHAEL ANTHONY LOPEZ, Case Number: 23-C-31410 Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on February 26, 2024, for an evidentiary hearing. Plaintiff was represented by Assistant Weld County Attorney Adria Schiel, and Defendant, Michael Anthony Lopez, appeared pro se. Testimony was heard from Jordan Cook, Weld County Building Compliance Officer, and Defendant Michael Anthony Lopez. Based upon the testimony of the parties and Plaintiff's admitted Exhibits A through H, 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. Defendant was properly served on June 15, 2023. 2. Defendant owns and/or occupies the property located at 3503 County Road 75, Roggen, Colorado 80652, in unincorporated Weld County (the "Property"). The Property is zoned (A) Agricultural. 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. Exhibits A through H show a number of derelict vehicles on the property. Additionally, Exhibit H shows a palette and wood that can be considered construction debris. The Court finds that the derelict vehicles and construction debris are considered a non-commercial junkyard and the evidence shows the non-commercial junkyard is not properly screened, as required by Weld County Code. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 4. The Court orders a $50.00 initial penalty for the violation; 5. A $25.00 per day penalty is ordered due to the continued violation. The penalty will begin on February 26, 2024, and will continue until further order of this Court. February 29, 2024 Annette J Kundelius Date Weld County Court Magistrate U, L ru rR a 0 a EP ten r -R ru ru N 1 I 1 I I I 1 I en -ten - cr ..D nJ rR tai a Fri Ui r-1 Elli C:41 Q N N r- R r--1 ru ru a ru ru U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com'. Certified Mall Fee ii 4 Extra Services & Fees (check box, add fee as a riaru) Q Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) (? Certified Mail Restricted Delivery 0 Adult Signature Required Q Adult Signature Restricted Delivery $ $ Postage S Total Postage and Foes senivrichaele Lopez tireat and Apt. No., or PO Yox No. 3503 CR 75 c�ryRs r C0 80652 Postmark Here a. - :PS F.orrn3800,;April;2015;f?SN76.3o42-OW-,9tyt<Y See Reverse for Instructions SENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. IN 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 mailpiece, or on the front if space permits. Article Addressed to: Michael Lopez 3503 CR 75 Roggen CO 80652 111111111111111110 II I II I II 11 I 9590 9402 7867 2234 5930 31 2, Article Number (Transfer from service label) 7022 1670 0001 2659 5443 PS Form 3811, July 2020 PSN 7530-02-000-9053 r 1 COMPLETE THIS SECTION ON DELIVERY A. Signature x 8. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery J D. is delivery address different from item 1? 0 Yes If YES, enter delivery address below: p No 3. Service Type O Adult Signature ❑ Adult Signature Restricted Delivery n Certified Mall® O Certified Mall Restricted Delivery ❑ Collect on Delivery O Collect on Delivery Restricted Delivery ❑ Insured Mall o Insured Mall Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MallT" O Roistered Mail Restricted' Delivery ❑ Signature Confirmation TM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt • 12;2 Michael Lopez 3503 COUNTY ROAD 75 Vioatio: s: Noncommercial Jnkyard * February 26, 2024 ($25 daily penalty imposed) * February 26, 2024 up to and including September 30, 2024 = 217 days * $25 / Daily @ 217 days = $5,425.00 T`*s mac s a at 9anora sa Can: outaS tram ar nano r cvt g Etuo ana is t' faints all, Oaa taysrs tt'5,1t aiar on tin fra) maR Of -my not to scoots oat Jr a'a",4 l rotxi 1145MAP 5 NOT TO 8E USED FOR NAVIGATION This map a a sat gararatw risk: calla born an Slats maccin3 Ito ar o V. t( ro ena onto, Cara lair tar at:+Caar on du my mei or enay rot t antes, oar( of fl 4i4 rata TH6 MAP 6 NOT TO BE USED FOR NAVIGATION Hello