HomeMy WebLinkAbout20250917.tiffResolution
Action of the Board Concerning Certification to Treasurer of County Compliance
Violation Penalties as Special Assessment — Jesus Vega
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, Jesus Vega, 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, ZCV18-00172, 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 September 2,
2022, and
Whereas, on the following dates, the Weld County Board of Commissioners certified daily
penalties for the following amounts:
June 23, 2021: $6,000.00 for the period of February 1, 2021, through
and including May 31, 2021;
November 9, 2022: $1,850.00 for the period of September 2, 2022,
through and including October 9, 2022;
November 8, 2023: $18,150.00 for the period of October 10, 2022,
through and including October 8, 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, and
Whereas, on the 2nd day of October, 2024, the Board of Commissioners of Weld County,
Colorado, found that the certification of $16,500.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from October 9, 2023,
through and including September 2, 2024 (a period of 330 days), be continued to April 2,
2025, at 9:00 a.m., to allow the property owner further time to bring the property into
compliance, and
cC : in.6n/MN/CV/AR/NB/wsICA(BB/KK/AS), 2025-0917
TR(136/5K) PL0824
0,06/25
Continue Certification to Treasurer of County Compliance Violation Penalties as Special
Assessment — Jesus Vega
Page 2
Whereas, the Board of County Commissioners of Weld County, Colorado, to the Weld
County Treasurer to be collected as a special assessment for the daily violation penalties
of $25,650.00 to the Weld County Treasurer for the daily violation penalties from
October 9, 2023, through and including March 4, 2025 (a period of 513 days), be
continued to October 1, 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 $25,650.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from October 9, 2023,
through and including March 4, 2025 (a period of 513 days), be, and hereby is, continued
to October 1, 2025, at 9:00 a.m.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 2nd day of April, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppler: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-0917
PL0824
TO: Board of County Commissioners
FROM: Adria Schiel, Assistant County Attorney
DATE: April 2, 2025
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 April 2, 2025
i
Frank and
Yrene
Martinez
Jesus
Vega
•
County
Road
55
parcel
no 029733400009
•
1707
Cedar
Ave
•
Case 21C37057;
ZCV21-OO159
•
Case
19C30835; ZCV18-OO172
•
$50
per day
penalty
beginning
8/14/2023
•
$50
per day
penalty
beginning 9/2/2022
•
•
junkyard;
Violations:
principal
structures
caper/trailer
Penalties
2023
up
to
use
for
accessory
commercial
without
and
including
RV's
the
including
period
permits
uses
vehicles,
a
of
noncommercial
March
without
October
and
accessory
occupied
4,
a
9,
2025
•
•
•
storage
site
Violations:
derelict
Penalties
up
513
to
plan
days
and
operation
passenger
commercial
review
for
including
x $50/day
the
without
as well
vehicles
period
=
March
$25,650.00
trucking
as
October
an
presence
4,
approved
2025
and
9,
of
2023,
•
513
days
x $50/day
= $25,650.00
1
2025-0917
Jesus Vega
PO Box 2104
Greeley, CO 80632-2104
Jesus Vega,
WELD COUNTY ATTORNEY'S OFFICE
1150 O STREET
P O BOX 758
GREELEY, CO 80632-0758
WEBSITE www weld ciov
PHONE (970) 336-7235
FAX (970) 352-0242
Notice of Certification of Lien to Weld County Treasurer
March 5, 2025
SENT VIA 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 1707 Cedar Ave , Weld County, to
be in violation of the Weld County Code
On May 12, 2021, the Court entered an Order to Lift Suspension and Reimpose Daily Penalties, and ordered you
to pay a daily Penalty of $50 00 per day beginning on May 12, 2021 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 April 2. 2025, 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 9, 2023, up to and including March 4, 2025 This period totals
513 days for a total of $25,650.00 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 $11.610,91 Such lien would have priority over all other security interests,
except for taxes In addition to the $25,650 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,
Adna 3"chiel
Assistant Weld County Attorney
Enclosure
I
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 September 2, 2022 4 45 PM
NUMBER 2019C30835
A FOR COURT USE ONLY A
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v
JESUS VEGA,
Defendant
Case Number 19-C-30835
Division C
ORDER TO LIFT SUSPENSION AND REIMPOSE DAILY PENALTIES
THE COURT, having read the Motion to Lift Suspension and Reimpose Daily Penalties
filed with this Court, and being otherwise fully advised in the premises, DOTH ORDER that the
daily penalties of $50 00 per day will begin again on September 2, 2022, and will continue until
further order of this Court
DATED
September 2, 2022
BY THE COURT
RANDALL C LOCO O
Magistrate, 19th Judicial District
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.Q. Box 2038,
Greeley, Colorado 80632
Phone Number: (970) 475-2400
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
Jesus Vega,
Defendant.
DATE FILED
February 11, 2021 5:38 PM
CASE NUMBER: 2019O30835
L FOR COURT USE ONLY ❑
Case Number: 19-C-30835
Division: C
ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS
This matter came before the Court on February 1, 2021 for a Hearing. Plaintiff was
represented by Assistant Weld County Attorney Gabriel Kalousek, and Defendant, Jesus Vega, was
pro se. Testimony was heard from Hannah Dutrow, Weld County Zoning Compliance Officer.
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.
2. The Court took judicial notice of the stipulation that was approved by the Court on
December 2, 2019.
3. The action is based on the Plaintiff's claims of zoning violations and Chapter 23 of the
Weld County Code, as permitted by § 30-28-124.5, C.R.S. and Weld County Code Section
23-10-40. In the Stipulation the parties agree that there are violations of the Weld County
Code. In the Stipulation, the Defendant agreed, among other things, to complete all
requested items and record the Site Plan Review Application by June 3, 2020.
4. Testimony at hearing established the following: Defendant owns the property located at
street address 1705 Cedar Avenue and 1707 Cedar Avenue, Weld County, Colorado.
Exhibits 1 through 4 showed that the Defendant had not yet completed what was required in
the stipulation, and that the Site Plan was ultimately rescinded. Ms. Dutrow testified that she
inspected the property on January 28, 2021, and that the commercial business is still there.
Ms. Dutrow requested the $50.00 daily penalty be imposed.
5. There is a material breach by the Defendants of the obligations and conditions of the
Stipulation and Order.
6. The parties agreed to daily penalties of $50.00 per day
ORDER
1 Plamttff proved by a preponderance of evidence a mater>al breach of the Stipulation and
Order
2 A $50 00 per day penalty is ordered due to the continued violation The penalty will begin on
February 1, 2021 and will continued until further order of this Court
DONE THIS DAY February 11, 2021
C
Magistrate
This document was filed pursuant to C R C P Rule 121 §1-26 A printable version is available in the Court's electronic file This document was
served on panto and/or counsel as indicated in the Court's electronic file
WELD COUNTY GOVERNMENT
Department of Planning Services
'.••• � StiI
COUNTY, CO
ZCV18 00172; 19C30835
Jesus Vega
17O5 & 17O7 CEDAR AVENUE
weld.gov
WELD COUNTY GOVERNMENT
Department of Planning Services
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COUNTY, CO
Violations:
Commercial Trucking and Storage Operations
without Land Use Permit
September 2, 2022 ($50 daily penalty imposed)
October 9, 2023 up to and including
March 4, 2025 = 513 days
$50 / Daily @ 330 days = $25,650.00
First contact established 04/02/2019. Met with Planning 4 times. First land use
request, resubdivison application, received 01/31/25 and is in review.
weld.gov
WELD COUNTY GOVERNMENT
Department of Planning Services
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COUNTY, CO
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completeness cannot be and r not guaranteed. The de:rgnatton of lots or parcel: or land use:. in the database does not imply that the lot: or parcel: were legally created or that the land use: comply with
applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL ANY PART THE PRODUCT 6E USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES. EITHER EXPRESSED
OR IMPLIED AS TO THE COMPLETENESS. ACCURACY OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY, ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION
CONTAINED THEREIN.
WELD COUNTY GOVERNMENT
Department of Planning Services
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Zoning in the Area
3/26/2025 12:58:39 PM
Scale: 1:2526
Data layers that appear on th+s map may or may
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A Notes
DISCLAIMER This product has been developed sulely for internal use only by Weld County The GIS database, applecat+orm and data in the product is subject to constant change and the accuracy and
completeness cannot be and is not guaranteed The des+gnation of lots or parcels or land uses in the database does not imply that the lots or parcels were legally created or that the land uses comply with
applicable State or local law UNDER NO CIRCUMSTANCE SHALL ANY PART THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES. EITHER EXPRESSED
OR IMPLIED AS TO THE COMPLETENESS. ACCURACY OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY. ARISING FROM ANY INCORRECT. INCOMPLETE OR MISLEADING INFORMATION
CONTAINED THEREIN
WELD COUNTY GOVERNMENT
Department of Planning Services
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COUNTY, CO
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03/25/2025
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