HomeMy WebLinkAbout20243103.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY
TREASURER OF COUNTY COMPLIANCE VIOLATION PENALTIES AS SPECIAL
ASSESSMENT - MARCO ANTONIO RUIZ SOTO AND MARIA DEL CARMEN
BEJARANO-BARRAZA
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, Marco Antonio Ruiz Soto and
Maria Del Carmen Bejarano-Barraza, 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 County Compliance Violation, CCV23-00077, and upon Weld County's
motion, the County Court ordered the Defendants to pay $50.00 for each day that the property
remained in violation of the Weld County Code, beginning on February 5, 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, on the 30th day of September, 2024, the Board of Commissioners of Weld
County, Colorado, found that the certification of $10,450.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from February 5, 2024, through
and including August 31, 2024 (a period of 209 days), be continued to November 25, 2024,
at 9:00 a.m., to allow the property owner further time to bring the property into compliance, and
WHEREAS, on the 14th day of November, 2024, a Code Compliance Officer for the
Department of Planning Services, obtained photographs and determined the property is still in
violation of the Weld County Code, and
WHEREAS, the County Attorney's Office recommends dismissal of Certification of
$13,300.00 to the Weld County Treasurer to be collected as a special assessment for the daily
violation penalties from February 5, 2024, up to and including October 27, 2024 (a period of 266
days), and the civil penalties be declared no longer due or owing, as the property owners
acknowledged their understanding for steps needed for compliance with the Weld County Code
and the court ended the daily penalties.
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2024-3103
PL0824
DISMISS CERTIFICATION TO WELD COUNTY TREASURER OF COUNTY COMPLIANCE
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MARCO ANTONIO RUIZ SOTO AND
MARIA DEL CARMEN BEJARANO BARRAZA
PAGE 2
WHEREAS, after review, the Board deems it advisable to dismiss said certification, based
on copies of photographs which are attached hereto and incorporated herein by reference, and
testimony heard.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Certification of $13,300.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from February 5, 2024, up to
and including October 27, 2024 (a period of 266 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 25th day of November, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ._.,d44) xim:
Weld County Clerk to the Board
BY • t()?it u) cL
Deputy Clerk to the Board
ounty A orney
IZ
Date of signature:
2024-3103
PL0824
TO: Board of County Commissioners
FROM: Adria Schiel, Assistant County Attorney
DATE: November 25, 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 November 25, 2024
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; shed without
permit
• Continued from 9/30/2024
• 2/5/2024 up to and including
10/27/2024 is 266 days.
• $50 x 266 = $13,300.00
1 2024-3103
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
November 6, 2024
Marco Antonio Ruiz Soto and Maria Del Carmen Bejarano Barraza
340 Dunmire Street
Frederick, CO 80530
Marco Antonio Ruiz Soto and Maria Del Carmen Bejarano Barrraza,
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 340 Dunmire Street to be in violation
of the Weld County Code.
On February 15, 2024, the Court ordered you to pay a daily Penalty of $50.00 per day beginning on February 5,
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 November 25, 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 5, 2024, up to and including October 27, 2024. This
period totals 266 days at $50.00 per day for a total of $13,300.00. 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 $13,300.00. Such lien would have priority over all other security interests,
except for taxes. In addition to the $13,300.00, 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 Cynthia Villanueva at (970) 400-3536. Please feel free to
contact me with any questions.
Respectf
•
Adria Sc iel
Assistant Weld County Attorney
Enclosure
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038, DATE
Greeley, Colorado 80632 CASE
Phone Number (970) 475-2400
FILED February 15, 2024 12 39 PM
NUMBER 2023C37090
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
A FOR COURT USE ONLY A
MARCO ANTONIO RUIZ SOTO and MARIA DEL
Case Number 23-C-37090
CARMEN BEJARANO BARRAZA,
Division C
Defendants
ORDER FOR DEFAULT JUDGMENT
This matter came before the Court on February 5, 2024, for a nonappearance return date
on summons Plaintiff was represented by Assistant Weld County Attorney Adna Schiel, and
Defendants failed to Answer or otherwise appear Based upon the foregoing, this Court makes
the following findings of fact
1. This Court has jurisdiction over the subject matter and the parties herein Defendants were
properly served on January 17, 2024 Defendants failed to file an Answer or otherwise appear
on the return date February 5, 2024 As a result, this Court enters default judgment against
Defendants
2. Plaintiff brings this action for enforcement of zoning violations pursuant to Chapter 23 of the
Weld County Code, as permitted by § 30-28-124 5 C R.S
3 Defendant owns the property located at 340 Dunmire Street, Weld County, Colorado
Therefore, this Court has junsdiction over the property and venue is proper The property is
being used in violation of the Weld County Zoning Code Specifically, the property is still in
violation due to the continued presence of Commercial Vehicles and Commercial equipment
mcludmg commercial storage such as iron/metal and miscellaneous debris on the property
Additionally, a building permit has not been submitted for the structure located on the
Northeast side of the property
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED'
1 The Defendant is in default.
2 A $50 00 per day penalty is ordered due to the continued violation The penalty will begin on
February 5, 2024, and will continue until further order of this Court.
3. A $50.00 initial penalty is ordered due to the violation
SO IIDERED
4++,_� February 15, 2024
Magistrate Annette S I udelius Date
2303
Marco Antonio Ruiz Soto & Maria Del Carmen Bejarano Barraza
340 DUNMIRE STREET
Violations:
Stora:e of Comm rci I /ehicks nd e uiprnent a
subdivision
* February 5, 2024 ($50 daily penalty imposed)
* February 5, 2024 up to and including
October 27, 2024 = 266 days
* $50 / Daily @ 266 days = $13,310.00
Zri. WELD COUNTY
ONLINE MArt'IN(;
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Deriver
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Legend
Parcels
Zoning
A lAgricultural
Al - (Concentrated Animal)
C-1 (Neighborhood Commercial)
C-2 (General Commercial)
C-3 (Business Commercial)
C-4 (Highway Commercial)
E (Estate)
I-1 (Industrial)
1-2 (Industrial)
1-3 (Industrial)
PUD (Planned Unit Development)
R-1 (Low Density Residential)
R-2 (Duplex Residential
R-3 (Medium Density Residential)
R-4 (High Density Residentiali
R-5 (Mobile Home Residential)
Highway
[ 1 County Boundary
•
Notes
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