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Home My WebLink About20242580.tiffCORRECTED RESOLUTION (Corrected to Reflect Continuance of this Matter to October 28, 2024) 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, on September 30, 2024, the Board of Commissioners of Weld County, Colorado, 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, the Resolution dated September 30, 2024, for 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), did not accurately reflect the Findings of the Board of Commissioners of Weld County, Colorado, and was recorded at Reception Number 4986375, in the records of the Weld County Clerk and Recorder. 4988349 Pages: 1 of 2 10/16/2024 10:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII res4L'lwlLIRI+ '41 4IU f it Kit Up rJtA S ilk III II CG',P(.(ER/MN/cv/30.113/(4% , CAMS/KM/AS),' g(p�� Io/32/2'4 2024-2580 PL0824 ACTION OF THE BOARD CONCERNING 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 $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, and hereby is, continued to October 28, 2024, at 9:00 a.m. 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: ) Weld County Clerk to the Board Deputy Clerk to the Board APP: ED County torney Date of signature: 1�I 5114 4988349 Pages: 2 of 2 10/16/2024 10:57 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO qa Lk 111111 EXCUSED Key.+ r-4. Ross, Chair erry L. Bock, Pro-Tem ike F eeman i Saine 2024-2580 PL0824 RESOLUTION RE: APPROVE 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, 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, and hereby is, approved. cc:Pi- (ER/Kw/cv/3c/N8/wz., CA(.83/KM(AA TRC136/m ) 2024-2580 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MICHAEL LOPEZ 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: .4.0cosj Weld County Clerk to the Board B .iP Deputy Clerk to the Board APPROVED AS TO FORM: -papa "County Attorney 10/ Date of signature: Perry L. Uck, Pro-Tem Mike reeman K. James on Saine 2024-2580 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 2024-2580 9/30 1 PLOS24 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 4° 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 1750 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. $40 x 181= $7,240.00 Ivy Valdez (CV) • 19714CR50'A, 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. $25 x 188 = $4,700.00 2 Michael Lopez 3503 County Road 75 Roggen, CO 80652 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 16, 2024 SENT VIA CERTIFIED AND FIRST CLASS MAIL Michael Lopez, 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 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 0 Street, Greeley, CO 80632. The hearing will address the penalties for the period February 26, 2024, up to and including August 31, 2024. This period totals 188 days for a total of $4,700.00. 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 $4,700.00. Such lien would have priority over alt other security interests, except for taxes. In addition to the $4,700.00, 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'3'cFilel 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. ♦ FOR COURT USE ONLY 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 ZCV22-00212; 23C31410 Michael Lopez 3503 COUNTY ROAD 75 Violations: Noncommercial Junkyard * February 26, 2024 ($25 daily penalty imposed) * February 26, 2024 up to and including August 31, 2024 = 188 days * $25 / Daily @ 188 days = $4,700.00 Trn Map a 4 ha 91nliritis.: c.elt& ..1.:A..t •'s,rr j'• nitre: Marc XII Nn3 6 "Of 'Strut ony Data lags that &00 1► on ttls map rear of mai r+at to acne curet of rifled rli a me MAP IS NOT TO BE LASED FOR P AV1GA1)3t ,E \'till: 1.0 COUN.IY •�� ohLIh 'tA!'I'1\C :110 10549 2110 fed WGS_1984_Web Marcata Autbwy SGwe G W. Canty Cdorada Tits map e a a goraratn] ait c,.aga Porn ar• rare napping al and et t nalaranca Cara late% trat accost an dm map mayor mip 'a ta aoarata ant or flea rdtM TF$ MAPES ter TO 81 1.5W FOR NAV1GATIph t 'Wyrrr • Fier eat a ail Ate • Legend Farce s Zoning Li a ■ • • ■ S A iftcnaarafs A.1 ;::crcar,ersaki Annuli C -I 1 Pasina #afl C..... . d I C-? Maul Ge•r•n C-3 Isea•e Gnat C..I►three• CcmnraiIl t ita w) OW Mowed unit banoxi .r ti 0'1 (Lair arsti 't wrlet K-: I Us. rtuatbnle) 11.s IYodium, Ira Ranres;ar1 P4-4 I'fl' Croft Nn I M-9 I Wavle ►tan. Racist I Higrrolay County Bouncary Notes a a AL wet e _ WELD COUNTY ATTORNEY'S OFFICE 1150 O STREET PO BOX 758 GREELEY CO 80632-0758 �3 %ke c3k/o SS) ,\\\S`%‘. 9pel PN•ttoSP'S t- ,c#,‘*(.\ -•so �� /5 2 `'5 80652-91 0S03 is • 1 r; ir? ww-• 1, fel 11111.• 110 •) 0� 02 •i 44 N x}000335769 SEP 16 2024 oyfi6 \Acc/ ,,gossek R\13 j�Ili�u��r�i, fii�,�r�,i,.11t�l�i��i�f1i��bi��il�r1llf�►��#HI 3NI103LLOO IV 010i 3HOOV Ntlf i3ki 3111 AO 1HOld 3H1 01 3d0.13AN3 dO dO1 IV d3N3(1S 3OY1d 1 I SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 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: MICHAEL LOPEZ 3 503 COUNTY ROAD 75 ROGGEN CC€0652 i i i 9590 9402 6113 0209 7526 04 i I. . ^'-- a t L —S —Ste► 1►�—a 7005 1160 0001, 4538 • 4 COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: O No 3. Service Type ❑ Adult Signature O Adult Signature Restricted Delivery o Certified Mail® D Certified Mall Restricted Delivery O Collect on Delivery n r'n!!pct on Delivery Restricted Delivery 5895 ail ail Restricted Delivery tut r tztrac) ❑ Priority Mail Express® O ^t�istered Mail,M ❑ g-ed Mail Restricted Cl Return Receipt for Merchandise O Signature Confirmation?" o Signature Confirmation Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic Return Receipt j Hello