HomeMy WebLinkAbout20250951.tiffResolution
Action of the Board Concerning Certification to Treasurer of County Compliance
Violation Penalties as Special Assessment — Charles Simansky
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, Charles Simansky, 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 County Compliance Violation, ZCV19-00292, and upon Weld County's
motion, the County Court ordered the Defendant to pay $10.00 for each day that the
property remained in violation of the Weld County Code, beginning on July 11, 2022, and
Whereas, on the following dates, the Weld County Board of Commissioners certified daily
penalties for the following amounts:
November 9, 2022: $910.00 for the period of July 11, 2022, through and
including October 9, 2022;
November 13, 2023: $3,670.00 for the period of October 10, 2022,
through and including October 11, 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 7th day of October, 2024, the Board of Commissioners of Weld County,
Colorado, found that the certification of $3,320.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from October 12, 2023,
through and including September 7, 2024 (a period of 332 days), be dismissed, and the
civil penalties be declared no longer due or owning.
Whereas, the Board of County Commissioners of Weld County, Colorado, has been
presented with testimony that the property is under new ownership„ and that the
certification of $5,150.00 to the Weld County Treasurer to be collected as a special
assessment for the daily violation penalties from October 12, 2023, through and including
March 9, 2025 (a period of 515 days), be, and hereby is, dismissed, and the civil penalties,
be, and hereby are, declared no longer due or owning.
cc . PLOximw/cv/AR fiveIWI)/cA(sgixM/As) 2025-0951
TR (SG/50 PL0824
04/s 6/25
Dismiss Certification to Treasurer of County Compliance Violation Penalties as Special
Assessment — Charles Simansky
Page 2
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Certification of $5,150.00 to the Weld County Treasurer to be collected
as a special assessment for the daily violation penalties from October 12, 2023, through
and including March 9, 2025 (a period of 515 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 7th day of April, 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
2025-0951
PL0824
TO: Board of County Commissioners
FROM: Adria Schiel, Assistant County Attorney
DATE: April 7, 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 7, 2025
Donald
Harris and
Christina
Elam
Charles
Simansky
•
20453
CR
54, Greeley
•
40751
County
Road
68
•
17C30784;
ZCV16-OO129
IS •
Case 22-C-30037; zcv19-00292
•
$20.00 daily
penalty
beginning 8/7/2017
•
$10
daily
penalty
beginning
7/11/2022
•
Violations:
noncommercial
junkyard,
•
Violations:
storage of
a mobile
home
•
persons
Penalties
living
for the
in camper/RV
period
of
10/19/2023
•
Penalties
up
to
and
for
including
the
period
3/9/2025
of
10/12/2023
up
to and
including
3/9/2025
•
515
days
x $10/day
= $5,150.00
•
508 days
x $20/day
= $10,160.00
1
2025.0951
PL(214
4/-1
Enrique Jimenez -Gonzales
• 7166 Patrick Street
i
Case 2023033277, ZCV22-00080
$25 00 daily penalty beginning
7/10/2023
Violations Commercial Vehicles, second
mobile home without a permit
Penalties for the period of 7/10/2023 up
to and including 3/9/2025
609 days x l$25/day = $15,225 00
2
Charles Simansky
40751 County Road 68
Briggsdale, CO 80611
Charles Simansky,
WELD COUNTY ATTORNEY'S OFFICE
1150 O STREET
P O BOX 758
GREELEY, CO 80632-0758
WEBSITE www weld qov
PHONE (970) 336-7235
FAX (970) 352-0242
Notice of Certification of Lien to Weld County Treasurer
March 20, 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 40751 County Road 68 to be in
violation of the Weld County Code
On July 19, 2022 the Court entered an Order and ordered you to pay a daily Penalty of $10 00 per day beginning
on July 11, 2022 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 7, 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 12, 2023, up to and including March 9, 2025 This period totals
515 days for a total of $5,150.00. 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 $5,150 00 Such lien would have priority over all other security interests,
except for taxes In addition to the $5,150 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,
Adria`Sthiel
Assistant Weld County Attorney
Enclosure
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P O. Box 2035,
DATE FILED July 19, 2022 8 35 AM
Greeley, Colorado 80632
CASE NUMBER 2022O30037
Phone Number (970) 475-2400
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v
A FOR COURT USE ONLY A
CHARLES SIMANSKY
Case Number 22-C-30037
Division C
Defendant
ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS
This matter came before the Court on July 11, 2022, for an evidentiary hearing to review
the stipulation agreed upon by the parties and ordered by the Court on March 3, 2022 Plaintiff
was represented by Assistant Weld County Attorney Caitlin Perry who appeared via Webex
Defendant, Charles Simansky, failed to appear Testimony was heard from Tonya Johnson, Weld
County Compliance Officer 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) §23-3-45, WCC §23-3-50 and WCC §23-3-70 Defendant was properly served on
January 22, 2022 Defendant consented to the Court's jurisdiction and entered into a
stipulation on March 2, 2022, which was approved and ordered by the Court on March 3,
2022
2 Defendant owns and/or occupies the property located at 40751 County Road 68,
Bnggsdale, Colorado, 80611 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 continued storage of a manufactured structure (mobile home) after the
associated building permits expired Defendant agreed to resolve the violations on the property
He specifically agreed to 1) relocate the manufactured structure from the property by April 25,
2022 and notify the Compliance officer of the proposed location where the structure would be
relocated to in order to confirm no new violation would be created on another property, 2) in
the alternative, the Defendant agreed to submit a complete demolition building permit by April
13, 2022 and pay for the permit to be issued by April 29, 2022, 3) contact the code compliance
officer to arrange an inspection of the property, and 4) pay an initial financial penalty in the
amount of $25 00
4 Weld County Compliance Officer, Tonya Johnson, inspected the property on June 30,
2022 As detailed by the testimony of Ms Johnson, and as depicted in the photographs
admitted into evidence as Exhibits A, B, C, and D, the Property still contains the manufactured
structure In addition, the stipulated deadline, April 29, 2022, for Defendant to apply for a new
demolition permit and pay for issuance passed several months ago
5 The Court finds that the property still contains the manufactured structure in violation of
the Weld County Code, that none of the stipulated terms were completed by April 29, 2022, in
violation of the Weld County Code and Stipulation, and thus, the defendant has materially
breached the stipulation
6 The Defendant agreed to remedy all of the violations on the property as set forth in
the stipulation but has failed to do so The Court finds 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 matenally breached the stipulation
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED
7 A $10 00 per day penalty is ordered due to the continued violation, as stipulated by the
parties The penalty will begin on July 11, 2022, and will continue until further order of this
Court
SO ORD
6-,,--,/,,_
i
Randall C Lococo Date
Weld County Court Magistrate
July 19, 2022
WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
ZCV19 00292; 22C30037
Charles Simansky
40751 County Road 68
weld.gov
WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
Violations:
Storage of a Derelict Mobile Home
July 11, 2022 ($10 daily penalty imposed)
October 12, 2023 up to and including
March 9, 2025 = 515 days
$10 / Daily @ 515 days = $5,150.00
First contact established 12/22/2021. Property sold 02/27/2025.
weld.gov
WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
Aerial View
3/26/202S 3 16 36 PM
Scale 1.3788
Data layers that appear on this reap may or may
not be accurate_ current ur otherwise reliable
ANotes:
DISCLAIMER This product has been developed solely for internal use only by Weld County The GIS database. applications and data in the product is subTect to constant change and the accuracy and
completeness cannot be and is not guaranteed The designation 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 compty 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
COUNTY, CO
Zoning in the Area
Scale: 1.4981
Data layers that appear on this map may or may
not be accuratecurrent, or otherwise reliable
ANotes.
3/26/2825 3.19=34 PM
DISCLAIMER This product has been developed solely for internal use only by Weld County The GIS database. applications and data in the product is subject to constant change and the accuracy and
completeness cannot be and is not guaranteed. The desgnatron 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 ur 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
COUNTY, CO
WELD COUNTY GOVERNMENT
Department of Planning Services
N.\ /Jr
'vit• . �\ l861 /
COUNTY, CO
03/25/2025
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