HomeMy WebLinkAbout20250918.tiffResolution
Action of the Board Concerning Certification to Treasurer of County Compliance
Violation Penalties as Special Assessment — Frank and Yrene Martinez
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, Frank and Yrene Martinez,
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 County Compliance Violation, ZCV21-00159, and upon Weld
County's motion, the County Court ordered the Defendants to pay $50.00 for each day
that the property remained in violation of the Weld County Code, beginning on August 14,
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 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
Whereas, the Board of County Commissioners of Weld County, Colorado, has been
presented with testimony and found the property is in substantial compliance with the
Weld County Code, and 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 dismissed, and the
civil penalties be declared no longer due or owning.
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, dismissed,
and the civil penalties, be, and hereby are, declared no longer due or owning.
cc: pt.(t•E/Kokv/fut/wwwx), CA(sz/KN/As).
T R (SG/s►c)
04/16/25
2025-0918
PL0824
Dismiss Certification to Treasurer of County Compliance Violation Penalties as Special
Assessment — Frank and Yrene Martinez
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 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
2025-0918
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
8....
•
County
Road
55
parcel
no 029733400009
•
1707
Cedar
Ave
•
Case 21C37057;
ZCV21-OO159
•
Case
19C30835; ZCV18-00172
•
$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
review
commercial
for
including
x $50/day
the
as
without
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
2025-0918
y/z PLZ
Frank Martinez
Yrene Martinez
PO Box 511
Ault, CO 80610
Frank and Yrene Martinez,
WELD COUNTY ATTORNEY'S OFFICE
1150 O STREET
P O BOX 758
GREELEY, CO 80632-0758
WEBSITE www weld goy
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 known as street address and number
VACANT 0297-33-4-00-009 to be in violation of the Weld County Code
On August 14, 2023, the Court entered an Order Imposing Daily Penalties, and ordered you to pay a daily Penalty
of $50 00 per day beginning on August 14, 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 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 $25,650.00 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 heanng
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,
DUE FILED August 23, 2023
Greeley, Colorado 80632
Phone Number (970) 475-2400
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plamtiff,
v
A FOR COURT USE ONLY A
FRANK MARTINEZ and YRENE MARTINEZ
Case Number 21-C-37057
Division C
Defendants
ORDER IMPOSING DAILY PENALTIES
This matter came before the Court on August 14, 2023 for a hearing Plaintiff was
represented by Assistant Weld County Attorney Adria Schiel, and Defendant, Frank Martinez
appeared in person, pro se Yrene Martinez did not appear Testimony was heard from Cynthia
Villanueva, Weld County Zoning Compliance Officer, and Frank Martinez Based upon the sworn
testimony and exhibits filed with the court, the court makes the following findings
1 This Court has jurisdiction over the subject matter and the parties herem This is an
action to enforce zoning and building code violations with the unincorporated ai ea of Weld
County pursuant to C R S §30-28-124 5 and Weld County Code (WCC) Defendant's
entered into a stipulation on January 4, 2023, which was approved and ordered by the Court
on January 12, 2023 The Court takes judicial notice of the stipulation
2 Defendants owns or occupies the property know as street address and number as VACANT
(0297-33-4-00-009)
3 the Court finds that the defendants have breached the stipulation for failing to submit a
zoning or butldmg permit and for not contacting the zomng compliance officer to arrange an on -
site inspection of the property
3 The Court finds that the Plaintiff has not met their burden of proof with regards to presence
of a non-commercial iunkyard, presence of more than one commercial vehicle, or occupied
recreational vehicles
4 Both parties were informed of the nght to appeal
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED
5 A $50 00 per day penalty is ordered due to the continued code violation, as stipulated by the
2308239019 0663 1-62-1008 2
parties The penalty will begun on August 14, 2023, and will continued until further order of this
Court
SO Qi2DERED
_ �-
Annette J Kundehus
Weld County Court Magistrate
els-\ -
August 23, 2023
Date
23082330,9 0663 1 62 10083
WELD COUNTY GOVERNMENT
Department of Planning Services
`ear
COUNTY, CO
ZCV21 00159; 21C37057
Frank and Yrene Martinez
54021 CR 55
weld.gov
WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
Violations: Accessory uses without a Principal Use,
Noncommercial Junkyard & structures without a
permit, Occupied Camper/RV
*August 14, 2023 ($50 daily penalty imposed)
*October 09, 2023 up to and including
March 4, 2025 =513 days
* $50/Daily@ 513 = $25,650.00
weld.gov
WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
weld.gov
WELD COUNTY GOVERNMENT
Department of Planning Services
r
COUNTY, CO
weld.gov
WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
A
T
03/26/2025
M F P25-0009
weld.gov
WELD COUNTY GOVERNMENT
Department of Planning Services
wig
COUNTY, CO
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