HomeMy WebLinkAbout20250445.tiffResolution
Action of the Board Concerning Certification to Weld County Treasurer of Zoning
Violation Penalties as Special Assessment — Bruce Olson and Suzanne Brunstrom
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 Defendants, Bruce Olson and
Suzanne Brunstrom, 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 Defendants failed to bring the property into compliance with the Weld
County Code, in relation to Zoning Compliance Violation, ZCV21-00333, and upon Weld
County's motion, the County Court ordered the Defendants to pay $25.00 for each day
that the property remained in violation of the Weld County Code, beginning on May 8,
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 8th day of November, 2023, the Board of Commissioners of Weld
County, Colorado, found that the Certification of $3,725.00 to the Weld County Treasurer
to be collected as a special assessment for the daily violation penalties from May 8, 2023,
up to and including October 3, 2023 (a period of 149 days), be continued to August 5,
2024, at 9:00 a.m., to allow the property owner further time to bring the property into
compliance, and
Whereas, on the 5th day of August, 2024, the Board of Commissioners of Weld County,
Colorado, found that the Certification of $3,725.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from May 8, 2023, up
to and including October 3, 2023 (a period of 149 days), be continued to September 4,
2024, at 9:00 a.m., to allow the property owner further time to bring the property into
compliance, and
Whereas, on the 4th day of September, 2024, the Board of Commissioners of Weld
County, Colorado, found that the Certification of $3,725.00 to the Weld County Treasurer
to be collected as a special assessment for the daily violation penalties from May 8, 2023,
up to and including October 3, 2023 (a period of 149 days), be continued to December 11,
2024, at 9:00 a.m., to allow the property owner further time to bring the property into
compliance, and
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2025-0445
PL0824
Dismiss Certification to Weld County Treasurer of Zoning Violation Penalties as Special
Assessment — Bruce Olson and Suzanne Brunstrom
Page 2
Whereas, on the 11th day of December, 2024, the Board of Commissioners of Weld
County, Colorado, found that the Certification of $3,725.00 to the Weld County Treasurer
to be collected as a special assessment for the daily violation penalties from May 8, 2023,
up to and including October 3, 2023 (a period of 149 days), be continued to February 12,
2025, at 9:00 a.m., to allow the property owner further time to bring the property into
compliance, and
Whereas, on the 12th day of February, 2025, staff recommended the certification of
$3,725.00 to the Weld County Treasurer to be collected as a special assessment for the
daily violation penalties from May 8, 2023, through and including October 3, 2023
(a period of 149 days), be dismissed, and the civil penalties be declared no longer due or
owing, as the property is now in compliance with the Weld County Code.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the that the Certification of $3,725.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from May 8, 2023,
through and including October 3, 2023 (a period of 149 days), be, and hereby is,
dismissed, and the civil penalties, be, and hereby are, declared no longer due or owing.
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 12th 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
2025-0445
PL0824
TO: Board of County Commissioners
FROM: Adria Schiel, Assistant County Attorney
DATE: February 12, 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 February 12, 2025
New Certifications
Bruce Olson and Suzanne Brunstrom (CV)
•
5501 Colorado Blvd, Dacano
•
22C32835/ZCV21-00333
•
$25.00 daily penalty beginning 5/8/2023
•
Violations: Building converted into a
dwelling unit without building permits,
does not meet offset bulk requirements
•
Daily penalties suspended effective
10/4/2023
•
Penalties for the period of May 8, 2023
through October 3, 2023
•
149 days x $25/day = $3,725.00
1
2025-0445
Z A Z PU3824
WELD COUNTY ATTORNEYS OFFICE
1150 0 STREET
P.O. BOX 758
GREELEY, CO 80832-0758
WEBSITE: www.co.+waid.00.t6i
PHONE: (970) 336-7235
FAX: (970) 352-0242
fin taco of Certifk»ation of.Llen to Weld County Treasurer
October 25, 2023
Brice Olson
Stacey L. Shea, Attorney for Bruce Olson
2725 Rocky Mountain Avenue, Suite 300
Loveland, CO 80538
Bruce Olson,
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 located 5501 Colorado Blvd, Weld
County, Colorado to be in violation of the Weld County Code.
On May 17, 2023, the Court granted the County's Motion to Impose Daily Penalties, finding that your property
was in violation of the Weld County Code, and ordered you to pay a daily penalty of $25.00 per day to begin on
May 8, 2023, until further order of the Court (Court Order Attached.) The Court Ordered the daily penalty be
suspended effective October 4, 2023. Upon information and belief, the zoning violation still exists on your
ProPeft1/.
At a public hearing on August S, 2024,. et 9:00 a.rnu 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 May 8, 2023, through October 3, 2023. This
period totals 149 days fora total of 53,725.00. 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 ,$3.725,00. Such lien would have priority over all other security interests,
except for taxes. In addition to the 53,725.00, 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 5chiel
Assistant Weld County Attorney
Enclosure
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Boa 2038,
DATE FILED: May 17, 2023 8:47 AM
Greeley, Colorado 80632
CASE NUMBER: 2022C32835
Phone Number: (970) 475-2400
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
A FOR COURT USE ONLY •
BRUCE OLSON and SUZANNE BRUNSTROM
Case Number: 22-C-32835
Division: C
Defendant.
ORDER IMPOSING PENALTIES FOR BUILDING AND ZONING VIOLATIONS
This matter came before the Court on May 8, 2023, for an evidentiary hearing to review
the stipulation agreed upon by the parties and ordered by the Court on August 15, 2022. Plaintiff
was represented by Assistant Weld County Attorney Matthew Conroy, and Defendants, Suzanne
Brunstrom and Bruce Olson, both appeared pro se. Testimony was heard from Bethany Pascoe,
Weld County Code Compliance Officer, as well as Defendants Suzanne Brunstrom and Bruce
Olson. 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). Defendants waived service on July 21, 2022
and consented to the Court's jurisdiction and entered into a stipulation on August 4, 2022.
The stipulation was approved and ordered by the Court on August 15, 2022.
2. Defendants own and/or occupy the property located at 5501 Colorado Blvd, Dacono,
Colorado 87065, 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 presence of a building converted into a dwelling unit without building permits
and that after conversion does not meet offset bulk requirements in the zoning code.
Defendants agreed to submit a lot line adjustment by November 18, 2022, to correct the offset
issue and submit a complete building permit application before February 6, 2023. Ms. Pascoe
testified that the building is still there and that neither condition has been satisfied which was
corroborated by the photograph admitted into evidence as Exhibit A, the aerial map admitted
as Exhibit B, and the 2020 building application admitted as Exhibit C and D. The assertions
were undisputed by both Ms. Brunstrom and Mr. Olson.
4. The Court finds by a preponderance of the evidence that the property still contains a
building modified into a dwelling unit without building permits in violation of the Weld
County Code and that Defendants have failed to comply with the procedural steps contained
in section 5 of the stipulation which is a material breach of the stipulation.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
A $25.00 per day penalty is ordered due to the continued violation, as stipulated by the parties.
The penalty will begin on May 8, 2023 and will continue until further order of this Court.
RDER ED. l '
May 17, 2023
Annette Kundelius Date
Weld County Magistrate
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Bo: 2038, DATE
Greeley, Colorado 80632 CASE
Phone Number: (970) 475-2400
FILED: October 6, 2023 11:39 AM
NUMBER: 2022C32835
BOARD OF COUNTY COMMISSIONERS OF THE
♦ FOR COURT USE ONLY •
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v'
Case Number: 22C32835
BRUCE OLSON and SUZANNE BRUNSTROM,
Division: C
Defendant.
ORDER TO SUSPEND DAILY PENALTIES
THE COURT, having read the Motion to Suspend Daily Penalties filed with this Court
and being otherwise fully advised in the premises, DOTH ORDER that the daily penalties will be
suspended effective October 4, 2023.
October 6, 2023
DATED:
ANNETTE J. KUNDELIUS
Magistrate, l9. Judicial District
ZCV2 1-00333
Bruce Olson & Suzanne Brunstrom
5501 Colorado Blvd
* May 8, 2023 (daily penalty imposed)
* Daily Penalties suspended October 4, 2023
* May 8, 2023 up to and including
October 3, 2023 = 149 days
* $25 / Daily @ 149 days = $3,725.00
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