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Home My WebLink About20242573.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - BRIAN RECTOR 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, Brian Rector, 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, ZCV22-00217, and upon Weld County's motion, the County Court ordered the Defendant to pay $50.00 for each day that the property remained in violation of the Weld County Code, beginning on December 4, 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 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 $13,600.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from December 4, 2023, through and including August 31, 2024 (a period of 272 days), be continued to March 31, 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 $13,600.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from December 4, 2023, through and including August 31, 2024 (a period of 272 days), be, and hereby is, continued to March 31, 2025, at 9:00 a.m. cc:PI,(ER/MN/Cv/sc/1413/KixACA CBB/KM/ ft5), TR(13G/RF) 1o/%/2Lf 2024-2573 PL0824 CONTINUE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT — BRIAN RECTOR PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of September, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: C! vej4K ` Weld County Clerk to the Board n1. tuutal. Deputy Clerk to the Board APPROVED AS TO FORM: EXCUSED Kevi!. Ross, Chair '1,6Zve-h Perry L. B,%ck, Pro-Tem ATtalfriP'S; ike • County 'ttorn y \UWII) IDate of signature: reeman . James on Saine 2024-2573 PL0824 TO: Board of County Commissioners FROM: Adria Schiel, Assistant County Attorney DATE: September 30, 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 September 30, 2024 New Certifications Daniela Flores (CV) Manuel Montez (CV) • O N. Ethel Ave (Parcel Number • 19355 County Road 52 10511101003) • 23C34086 • 22C34238 • $15.00 per day daily penalty beginning • $25.00 per day penalty beginning on on September 18, 2023. 1/8/2024 • Violations: occupied recreational • Violations: vacant property with RV's vehicles, non-commercial junkyard • 1/8/2024 up to and including 8/31/2024 • 9/18/2023 up to and including 8/31/2024 is 237 days. is 349 days. • $25 x 237 = $5,925.00 • $15.00 x 349= $5,235.00 2024-2573 9/30 1 PL OSZe-1- 4 - Brian Rector (NB) • 2061 County Road 53, Kersey 22C36441 $50.00 per day penalty beginning 12/4/2023 Violations: commercial vehicles, building without permits, no land use permits 12/4/2023 up to and including 8/31/2024 is 272 days. $50 x 272 = $13,600.00 Homar Manriquez (NB) • 23-C-36810 • 500 5th Street and 27333 40 Street, Gill • $75.00 per day penalty to begin on 8/5/2024 Violations: non-commercial junkyard 8/5/2024 up to and including 8/31/2024 is 27 days 27 x $75.00 = $2,025.00 Jacob Rettenberger and Sherry Louk (NB) • 11780 Deford Street, New Raymer 23C37073 $25.00 per day penalty beginning on May 6, 2024. Will increase to 50.00 per day on June 6, 2024. Violations: non-commercial junkyard 5/6/2024 up to but not including 6/6/2024 is 31 days 25.00 x 31= 775.00 6/6/2024 up to and including 8/31/2024 is 87 days $50.00 x 87 = 4,350.00 $775.00 + $4,350.00 = $5,125.00 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 2/5/2024 up to and including 8/31/2024 is 209 days. $50 x 209 = $10,450.00 Arthur Kohn (CV) • 2790 175th Ave, Erie 23C33252 $40.00 per day penalty beginning on March 4, 2024 Violations: non-commercial junkyard 3/4/2024 up to and including 8/31/2024 is 181 days. $40x181=$7,240.00 Ivy Valdez (CV) • 19714CR5014, La Salle 23C31567 $25.00 per day penalty beginning 11/6/2023 Violations: commercial vehicles 11/6/2023 up to and including 8/31/2024 is 300 days. $25 x 300 = $7,500.00 Chevy Truck Parts (NB) • 19570 CR 28 23C37088 $100.00 per day penalty beginning on July 3, 2024 Violations: outdoor storage of commercial equipment, recreation and personal vehicles, semis and semi -trailers without land use permits 7/3/2024 up to and including 8/31/2024 is 60 days $100.00 x 60= $6,000.00 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 8/31/2024 is 188 days. $25x188=$4,700.00 2 Brian Rector 20601 County Road 53 Kersey, CO 80644 Brian Rector, WELD COUNTY ATTORNEY'S OFFICE 1150 O STREET P.O. BOX 758 GREELEY, CO 80632-0758 WEBSITE: www.weld.aov PHONE: (970) 336-7235 FAX: (970) 352-0242 Notice of Certification of Lien to Weld County Treasurer September 16, 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 20601 County Road 53 to be in violation of the Weld County Code. On December 14, 2023, the Court ordered you to pay a daily Penalty of $50.00 per day beginning on December 4, 2023, 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 September 30. 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 December 4, 2023, up to and including August 31, 2024. This period totals 272 days for a total of $13,600.00. 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 13 600.00. Such lien would have priority over all other security interests, except for taxes. In addition to the $13,600.00, 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 Nicole Brick at (970) 400-3551. Please feel free to contact me with any questions. Respectfully, Adria Schiel 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: December 14, 2023 8:50 AM NUMBER: 2022C36441 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY BRIAN RECTOR, Case Number: 22-C-36441 Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on December 4, 2023, for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on March 10, 2023. Plaintiff was represented by Assistant Weld County Attorney Adria Schiel, and Defendant, Brian Rector, appeared pro se. Testimony was heard from Nicole Brick, Weld County Building Compliance Officer, and Defendant Brian Rector. Based upon the foregoing, 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, and WCC §29-11-10(C). Defendant consented to the Court's jurisdiction and entered into a stipulation on March 9, 2023, which was approved and ordered by the Court on August 5, 2021. 2. Defendant owns and/or occupies the property located at 2061 County Road 53, Kersey, Colorado 80644, in unincorporated Weld County (the "Property"). The Property is zoned (A) Agricultural. 3. By stipulation, Defendant agreed that the Property was in violation of the Weld County Code due to the visible presence of parking and maintenance of multiple commercial vehicles without proper land use permits as well as unpermitted structures. 4. The Court fmds that the Defendant did not complete all the actions as agreed to in the stipulation. The Defendant did not submit building permit applications or submit the required land use permits, and commercial vehicles are still on the property. 5. The Court finds that Plaintiff has proven by a preponderance of evidence that the property is in violation of the Weld County Code and that the defendant has materially breached the stipulation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 6. A $50.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty will begin on December 4, 2023, and will continue until further order of this Court. SO ORDERED. December 14, 2023 Annette J. Kund`clius ' `" ` Date Weld County Court Magistrate ZCV22-OO217; 23-C-36441 Brian Rector 20601 COUNTY ROAD 53 Violations: Parking of Commercial Vehicles, Unpermitted Structure, no Land Use Permit * December 4, 2023 ($50 daily penalty imposed) * December 4, 2023 up to and including August 31, 2024 = 272 days * $50 / Daily @ 272 days = $13,600.00 f a, ;e^.va:e.O :tau Pant -two -y : te ar+d !br "ff! rc. O" t'. . 3:) tl . e ?'31 aka! On MI R'L1p era> Or May net to accuraut. c%rrt r carrot* 'etave TH;S MAP IS NOT TO BE USED FOR NAVIGATCON W1 COUNTY Liserrittot F. •; , -:ID •.. ONLINE MAPPING y:. F '1 C- Warn Denver Legend Parcels Zoning ___ sA INA•1 ICOrantritiKlAftirnX# illC-1 (MegneorM+oo Comentrttat I .! / 111 C-2 (Genera. C c�I-Two ): i ■ C-3 (hotness Ccer'ntrtia0 ■ c-os 4*e9r m a C cynrncrcts+! j ff/ 0 E (EstateI ►-1 ¶lnlil) I-2 l,rnmatrta) f I QUO (l)tannea and OevhoOmeru: di • ■ Highway R-1 (t.0* Densty Rndeca ; R-2 (Duple* Re6)0enturi R•3 (Yedum Dent) Residents: R-i to r Dense, Raider:la R-6 (1.100't morn* Resaerta3 County Boundary U r i 1:2.532 0 Notes 42' 9 0 ..... a .:19 Feet ''••: stio : 3 a• ;reittC :tatc OJtotit fr nt in (ettf"4t "won; n; i4 ind :: iv r,frrce LW: a'J U; t^- rat i 43' On en: 'nc 'nay Or "1!.' IV: tit bCCtsrftt WGS_198d_Web_Mercator_Awxrlwry$Phere is •eft or xnro+ :e •e+•a C Weld County Colorado THIS MAP :5 NOT TO BE USED FOR NAVIGATION iriff *et saa7 I! III1111111 111111T I 111,1PIIMIIIII ::! _ft.:its!!! of;.; lilt+ it ;; mint urifir II "III !Inn 11 Intl tin min Wills's it 03/08/2023 to. Awe i 'NOP I= ��I'I"�I1��J��J,'It1J�;J�J fljj1jj11�lll�''�11TI1P1�!!1!!!lill lllfffflll IIIIIIIlil1!:,ila[ lIIIlI 11�67�i79l911l�1 IIIIIII 1111111111 IMI Ni11 !!11"'V '"" U.S. Postal Service,1. CERTIFIED MAIL, RECEIPT (Domestic Mail Only: No Insurance Coverage Provided) -For delivery information visit our website at www.usps.corn.- Posta9 e 1 Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees S gent To Brian Rector Postmark Here Steer, Apt We. or PO Box No. 20601 CR 53 City. State, BPI -4 Kerse CO 80644 PS Form 3800, June 2002 SENDER: COMPLETE THIS SECTION I Complete items 1, 2Eand 3. • 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. 1. Article Addressed to: BRIAN RECTOR 20601 COUNTY ROAD 53 KERSEY CO 80644 HUH im u 9590 9402 6113 0209 7525 43 i n A r+tnln Al* srrshnr (Trancfar• ;rnrn CP1VIr o IRhafl See Reverse for Instructions COMPLETE THIS SECTION ON DELIVERY A. Signature X/ In Agent i� O Addressee B. Received by (Printed Name) C. Date of Delivery r-, 114 -"Li D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: Q No 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ❑ Certified Mail Restricted Delivery n roltect on Delivery ulleot . fl-'lvery Restricted DeIlvery 7005 1160 000 1 11.538 3954 Restricted Delivery CI Priority Mall Express® Cl ;Registered Mallta ❑ Registered Mail Restricted Delivery LI Return Receipt for Merchandise ❑ Signature ConflrmationtM CI Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt Hello