HomeMy WebLinkAbout20250894.tiffResolution
Action of the Board Concerning Certification to Treasurer of County Compliance
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, and
Whereas, the Board of County Commissioners of Weld County, Colorado, found that the
certification of $22,700.00 to the Weld County Treasurer to be collected as a special
assessment for the daily violation penalties from December 4, 2023, through and
including March 1, 2025 (a period of 454 days), be continued to September 29, 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 $22,700.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from December 4, 2023,
through and including March 1, 2025 (a period of 454 days), be, and hereby is, continued
to September 29, 2025, at 9:00 a.m.
cC .pL(temoacv/AR/IJB / W=), TR036 f 54,
�a (s6/KK /As)
�H /03/25
2025-0894
PL0824
Continue Certification to Treasurer of County Compliance Violation Penalties as Special
Assessment — Brian Rector
Page 2
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 31st day of March, 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
2025-0894
PL0824
TO: Board of County Commissioners
FROM: Adria Schiel, Assistant County Attorney
DATE: March 31, 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 March 31, 2025
Chevy
Truck
Parts c/o
Douglas
Ruppel
Brian Rector
•
19570 CR
28
•
2061
County
Road
53,
Kersey
•
23C37088
3
•
22C36441
•
$100.00
per day
penalty
beginning on
•
$50.00
per day
penalty
beginning
July
3, 2024
12/4/2023
•
Violations:
commercial
personal
without
vehicles,
land
outdoor
equipment,
use
storage
semis
permits
recreation
and
of
semi
-trailers
and
•
•
•
Violations:
12/4/2023
454
without
days
commercial
permits,
up
x $50.00/day
no
to and
land
including
vehicles,
=
use
$22,700.00
permits
3/1/2025
building
•
7/3/2024
up
to and
including
3/1/2025
•
242 days
x $100/day
= $24,200.00
1
2025-0894
3/at
PLa74
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 gov
PHONE (970) 336-7235
FAX (970) 352-0242
Notice of Certification of Lien to Weld County,Treasurer
r_er
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 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 March 31, 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 December 4, 2023, up to and including March 1, 2025 This period
totals 454 days for a total of $22,700.00 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 $22,700.00 Such lien would have priority over all other security interests,
except for taxes In addition to the $22,700 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 Nicole Brick at (970) 400-3551 Please feel free to contact
me with,any questions
Respectfully,
Adna chiel
Assistant Weld County Attorney
Enclosure
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038, DATE
Greeley, Colorado 80632 CASE
FILED: December 14, 2023 8:50 AM
NUMBER: 2022C36441
Phone Number: (970) 475-2400
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
♦ 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 =permitted structures.
4. The Court finds 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 fords 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 rRDERED
December 14, 2023
Annette J Kundettus Date
Weld County Court Magistrate
WELD COUNTY GOVERNMENT
Department of Planning Services
�� IRhIlr�•
COUNTY, CO
ZCV22 00217; 22C36441
Brian Rector
20601 COUNTY ROAD 53
weld.gov
WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
Violations:
Parking of Commercial Vehicles, Structure (Permit Issued),
no Land Use Permit (in review)
December 4, 2023 ($50 daily penalty imposed)
December 4, 2023 up to and including
March 1, 2025 = 454 days
$50 / Daily @ 454 days = $22,700.00
First contact established 03/09/2023. Met with Planning 2 times. Land use permit
submitted and corrective documents requested 02/19/2025. Documents received
03/17/25 and final permit application in review.
WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
Aerial View
:1097 421 9 feet
anaa : ) .411" {e^r):ec ar: '-cra -tr-r. ^voony ::t :'�
^e tvin:e 0'Fti a:a :^.1 4=er V+ 71: "U? "Vj V' "'till, ^.:C df acciert
:rest crrirra rel
MRS MAP IS NOT TO BE USED FOR NAV GA?ION
Legend
Parcels
Haghw3y
n County Boundary
Notes
WELD COUNTY GOVERNMENT
Department of Planning Services
�s 61.o -
COUNTY, CO
Zoning in the Area
"e rtra re, Ca'a iyet". i^JC axca^ Or :'1: "VC "Vry Or "%PI NX D+ acCa'R
C..intx ororNt^A•:a aoM
Trill; MAD iS NOT TO 8E USED FOR NAVvGATION
WELD COUNTY GOVERNMENT
Department of Planning Services
"1:‘ /r
COUNTY, CO
eer.'.
ft
�.�..._ .` .� ' ,i---•—��__._ T�T�� 1____ [L-..i�..� 4ii�IR�. ( 1! 1 . �; 1'1� %rl'' 1 i �.4• i ,Il" kir' U.
t ! "1 !r. 1� JILT .�` 1. r � „i (' i"VI"
Ul; 1 rl:)�� � I11 ��(/11((O11�S 1 r�4} 1 it�I{l a.1 r � lilr
.. Ir I. t I ..1 1� �I(1. ;I.I� I`1( It r 1lf 1jt� 1 11�I�IlI,=/II�IiI���''J��������1� }��SS`II��',�
I 11 f�1�.f1 I pi 1)�IrS 7 11:1 " lir�l f J 1 1 r Illttt
'�Iji1�I�i� it stn{�ttt(!IIl4(1{tits'-'���
Hello