HomeMy WebLinkAbout20242657.tiffRESOLUTION
RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ANDRES BENJAMIN
HERNANDEZ, JR.
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, Andres Benajmin Hernandez, Jr., claiming
that the Defendant's property was in violation of the Weld County Code, and
WHEREAS, the County Court found the Defendant's 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, ZCV21-00290, and upon Weld County's
motion, the County Court ordered the Defendant to pay $40.00 for each day that the property
remained in violation of the Weld County Code, beginning on March 7, 2022, and
WHEREAS, on the following dates, the Weld County Board of Commissioners certified
daily penalties for the following amounts:
June 22, 2022: $3,130.00 for the period of March 7, 2022,
through and including May 22, 2022;
November 14, 2022: $5,600.00 for the period of May 23,
2022, through and including October 9, 2022;
November 13, 2023: $14,680.00 for the period of
October 10, 2022, through and including October 11, 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Certification of $13,280.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from October 12, 2023, through
and including September 7, 2024 (a period of 332 days), be, and hereby is, approved.
4988071 Pages: 1 of 2
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Carly Koppes, Clerk and Recorder, Weld County , CO
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CA(68/KM/Ft TR(t36/Rf) PL0824
10/16/2'{
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT - ANDRES BENJAMIN HERNANDEZ, JR.
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of October, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COU LOR 6l
ATTEST:
Weld County Clerk to the Board
BY.
1,0amaa,
Deputy Clerk to the Board
AP' .o ED AS
County A ey I
Date of signature: 111` Z4
4988071 Pages: 2 of 2
10/15/2024 01:06 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
Kevi . Ross, Chair
Perry L. B , , Pro-Tem
ike F eeman
i
Saine
2024-2657
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
$10.00x325=$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
2024-2657
(0 /1
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 (JC)
• 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
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 23, 2024
Andres Benjamin Hernandez Jr.
11523 Christian St.
Fort Lupton, CO 80621-7805
Andres Benjamin Hernandez Jr.,
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 11523 Christian St. to be in violation
of the Weld County Code.
On March 18, 2022 the Court entered an Order for Default Judgment, and ordered you to pay a daily Penalty of
$40.00 per day beginning on March 27, 2022 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 O Street, Greeley, CO 80632. The
hearing will address the penalties for the period October 12, 2023, up to and including September 7, 2024. This
period totals 332 days for a total of $13,280.00. 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 13 280.00. Such lien would have priority over all other security interests,
except for taxes. In addition to the $13,280.00, 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 tope hearing.
Alternative arrangements may be made by contacting Cynthia Villanueva at (970) 400-3536. Please feel free to
contact me with any questions.
Assistant Weld County Attorney
Enclosure
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038, DATE
FILED: March 18, 2022 3:09 PM
Greeley, Colorado 80632 CASE
NUMBER: 2022C30195
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
ANDRES BENJAMIN HERNANDEZ JR,
Case Number: 22-C-30195
Defendant.
Division: C
ORDER CORRECTING CLERICAL ERROR
This matter came before the Court on Plaintiffs Motion for Correction of Clerical Error.
The Court, having reviewed the Plaintiff's Motion and after reviewing the entire record herein,
and being fully advised, DOTH HEREBY ORDERS:
1. The Order for Default Judgment dated March 14, 2022 is amended to read:
"IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
1. The Defendant, ANDRES BENJAMIN HERNANDEZ JR, is in default.
2. A $40.00 per day penalty is ordered due to the continued violation. The penalty
will begin on March 7, 2022 and will continue until further order of this Court.
3. A $50.00 initial penalty is ordered due to the violation."
SO OR
Magistrate Randall Lococo
March 18, 2022
Date
ZCV21-00290; 22C30195
Andres Benjamin Hernandez JR.
11523 Christian Street
Violations:
Visible noncommercial junkyard within the
floodplain
• March 07, 2022 ($40 daily penalty imposed)
* March 07, 2022 up to and including
October 12, 2024 = 332 days
* $40 / Daily @ 332 days = $13,280.00
• Only contact made is monthly daily penalty notices
T' WELD C O U N TY
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