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Home My WebLink About20250504.tiffResolution Action of the Board Concerning Certification to Weld County Treasurer of Zoning Violation Penalties as Special Assessment — Consuelo Hernandez 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, Consuelo Hernandez, 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, ZCV20-00215, and upon Weld County's motion, the County Court ordered the Defendant to pay $20.00 for each day that the property remained in violation of the Weld County Code, beginning on July 12, 2021, and Whereas, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: November 15, 2021: $2,545.00 for the period of July 12, 2021, through November 15, 2021 September 21, 2022: $5,560.00 for the period of November 16, 2021, through August 21, 2022 November 14, 2022: $980.00 for the period of August 22, 2022, through October 9, 2022 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 20th day of November, 2023, the Board found that the Certification of $7,480.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 10, 2022, through October 18, 2023, (a period of 374 days), be continued to May 20, 2024, at 9:00 a.m., to allow the property owner further time to bring the property into compliance, and Whereas, on the 20th day of May, 2024, the Board of County Commissioners of Weld County, Colorado, found that the Certification of $11,160.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 10, 2022, up to, but not including, April 20, 2024 (a period of 558 days), be continued to August 19, 2024, at 9:00 a.m., to allow the property owner further time to bring the property into compliance, and 5012745 Pages : 1 of 3 Cc PL of/w,►/cv/AR/N5/ws) 2025-0504 02/24/2025 03:18 PM R Fee:$0.00 CA B8/KM/As-,�1-R(8G)� PL0824 Carly KoRPes, Clerk and Recorder, Weld Count' , CO B1(RC.) VIII kirofMl� ��Ir�� t�� N 1114l�4'1K1�r�5�� I %Id Bill o2/24M5 Action of the Board Concerning Certification to Weld County Treasurer of Zoning Violation Penalties as Special Assessment — Consuelo Hernandez Page 2 Whereas, on the 19th of August, 2024, the Board of County Commissioners of Weld County, Colorado, found that the Certification of $12,960.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 10, 2022, up to, but not including, July 19, 2024 (a period of 648 days), be continued to November 18, 2024, at 9:00 a.m., to allow the property owner further time to bring the property into compliance, and Whereas, on the 18th of November, 2024, the Board of County Commissioners of Weld County, Colorado, found the defendant failed to bring the property into compliance with the Weld County Code, and upon Weld County's motion, Certification of $12,960.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 10, 2022, up to, but not including, July 19, 2024 (a period of 648 days) be continued to February 19, 2025, at 9:00 a.m., to allow the property owner further time to bring the property into compliance, and Whereas, on the 19th day of February, 2025, the County Attorney's Office and Department of Planning Services, provided evidence that the property owner had made progress but failed to bring the property completely into compliance with the Weld County Code and recommended that the Board not allow an additional continuance and certify all or a portion of the $16,660.00 which had accrued in penalties to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 10, 2022, up to, but not including, January 20, 2025 (a period of 833 days), and Whereas, after review and consideration of testimony presented, the Board of Commissioners of Weld County, Colorado, found that the property owner has made progress towards compliance with the Weld County Code but the property remains in violation due to a small non-commercial junkyard, and elected to certify $1,660.00, or ten percent (10%), of the recommended penalties to be certified. Now, Therefore, Be It Resolved by the Board of County Commissioners of Weld County, Colorado, that the Certification of $1,660.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 10, 2022, up to, but not including, January 20, 2025 (a period of 833 days), be, and hereby is, approved. 5012745 Pages: 2 of 3 02/24/2025 03:18 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO VIII l�.rlI�hh�l6'EA�� lS:��I� h�'� 14�G k��Y4�h III II 2025-0504 PL0824 Action of the Board Concerning Certification to Weld County Treasurer of Zoning Violation Penalties as Special Assessment — Consuelo Hernandez Page 3 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 19th day of February, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppier: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5012745 Pages: 3 of 3 02/24/2025 03:18 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO !III MIEI 'Ik L'La l PAiNi t1 lIVILiIII4 Bill 2025-0504 PL0824 TO: Board of County Commissioners FROM: Adria Schiel, Assistant County Attorney DATE: February 19, 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 also 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 February 19, 2025 Consuelo Hernandez(JC) • 3223 CR 19, Fort Lupton • Case 21C31839; ZCV20-00215 • $20 daily penalty beginning 7/12/2021 • Violations: noncommercial junkyard, installation of multiple cargo containers without building permits, Occupied RV • October 10, 2022 up to but not including January 210, 2025 (833 days) • 833 days x $20 per day = $16,660.00 1 2025-0504 2./1 °I PL0$24 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 January 30, 2025 Consuelo Maria Hernandez PO Box 462 Fort Lupton, CO 80621-0462 Consuelo Maria Hernandez, 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 233 County Road 19 to be in violation of the Weld County Code. On July 12, 2021 the Court entered an Order for Default Judgment, and ordered you to pay a daily Penalty of $20.00 per day beginning on July 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 February 19. 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. Please note that the hearing was continued from February 17, 2025 to February 19, 2025. The hearing will address the penalties for the period October 10, 2022 up to but not including January 20, 2025. This period totals 833 days for a total of $16,660.00. 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 $16,660.00. Such lien would have priority over all other security interests, except for taxes. In addition to the $16,660.00, 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. Respectfully, Adria Schiel Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: July 19, 2021 4:05 PM Greeley, Colorado 80632 CASE NUMBER: 2021C31839 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY Consuelo Maria Hernandez, Case Number: 21-C-31839 Defendant. Division: C DEFAULT JUDGMENT This matter came before the Court on July 12, 2021 for a return date on summons. Plaintiff was represented by Assistant Weld County Attorney Gabriel Kalousek, and Defendant failed to 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. Defendant was properly served on April 19, 2021. Defendant failed to appear for the return date on summons on July 12, 2021 and no Answer has been filed. As a result, this Court enters default judgment against the Defendant. 2. Plaintiff brings this action for enforcement 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. 3. Defendant owns the property located at 3223 CR 19, Weld County, Colorado. This Court has jurisdiction over the property. The property is being used in violation of the Weld County Building Code. Specifically, the property is in violation due to the presence of cargo containers and a noncommercial junkyard. Magistrate Randall Lococo IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. The Defendant is in default. 2. A $20.00 per day penalty is ordered due to the continued violation. The penalty will begin on July 12, 2021 and will continued until further order of this Court. 3. A $25.00 initial penalty is ordered due to the violation. July 19, 2021 Date ZCV2O-OO215 CONSUELO MARIA HERNANDEZ Case 21C31839 ***VIOLATIONS*** NONCOMMERCIAL JUNKYARD- NO PRINCIPAL USE CARGO CONTAINERS - NO PRINCIPAL USE OCCUPIED RECREATIONAL VEHICLE • $20 daily penalty beginning 7/12/2021 • October 10, 2022 up to but not including January 20, 2025 (833 days) • 833 days x $20 per day = $16,660.00 • /It is •' • is _ �. -.y _` t.,q ti 4:: • IT.. ti i• '7 _ 1 J4.�t:;,a+►s c is. Hello