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Home My WebLink About20250950.tiffResolution Action of the Board Concerning Certification to Treasurer of County Compliance Violation Penalties as Special Assessment — Donald Harris and Christina Elam 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, Donald Harris and Christina Elam, 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, ZCV16-00129, and upon Weld County's motion, the County Court ordered the Defendants to pay $20.00 for each day that the property remained in violation of the Weld County Code, beginning on August 7, 2017, and Whereas, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: August 8, 2018: $3,620.00 for the period of January 1, 2018, through and including July 1, 2018; June 19, 2019: $6,680.00 for the period of July 2, 2018, through and including May 31, 2019; January 20, 2020: $4,280.00 for the period of June 1, 2019, through and including December 31, 2019; November 16, 2020: $5,480.00 for the period of January 1, 2020, through and including September 30, 2020; July 7, 2021: $4,860.00 for the period of October 1, 2020, through and including May 31, 2021; November 15, 2021: $3,340.00 for the period of June 1, 2021, through and including November 15, 2021; June 22, 2022: $3,760.00 for the period of November 16, 2021, through and including May 22, 2022; November 14, 2022: $2,800.00 for the period of May 23, 2022, through and including October 9, 2022 November 20, 2023: $7,480.00 for the period of October 10, 2022, through and including October 18, 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 cc : p 1. (vE/NW /cam /AR/NT3/frA, x(88 /KM/AS) TRO36/ SK) off h 6/A5 2025-0950 PL0824 Continue Certification to Treasurer of County Compliance Violation Penalties as Special Assessment — Donald Harris and Christina Elam Page 2 Whereas, on the 7th day of October, 2024, the Board of Commissioners of Weld County, Colorado, found that the certification of $6,480.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 19, 2023, through and including September 7, 2024 (a period of 324 days), be continued to April 7, 2025, at 9:00 a.m., to allow the property owners 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 still in violation and that the certification of $10,160.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 19, 2023, through and including March 9, 2025 (a period of 508 days), be continued to August 4, 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 $10,160.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 19, 2023, through and including March 9, 2025 (a period of 508 days), be, and hereby is, continued to August 4, 2025, at 9:00 a.m. 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 Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-0950 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 4.,• 20453 CR 54, Greeley • 40751 County Road 68 • 17C30784; ZCV16-00129 • Case 22-C-30037; zcv19-00292 • $20.00 daily penalty beginning 8/7/2017 • $10 daily penalty beginning 7/11/2022 • Violations: persons noncommercial living in camper/RV junkyard, • • Violations: Penalties storage for the of period a mobile of 10/12/2023 home • Penalties up to and for including the period 3/9/2025 of 10/19/2023 • up 515 to days and including x $10/day 3/9/2025 = $5,150.00 • 508 days x $20/day = $10,160.00 1 2025-0950 PLO3N Enrique Jimenez -Gonzales 7166 Patrick Street Case 2023C33277,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 $25/day = $15,225 00 2 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 20, 2025 Christina Elam and Donald Harris 20453 County Road 54 Greeley, CO 80631-9088 SENT VIA FIRST CLASS MAIL Christina Elam and Donald Harris, This letter's 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 20453 County Road 54 to be in violation of the Weld County Code On August 7, 2017, the Court ordered you to pay a daily Penalty of $20 00 per day beginning on August 7, 2017, 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 19, 2023, up to and including March 9, 2025 This period totals 508 days for a total of $10,160 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 $10,160.00 Such lien would have priority over all other secunty interests, except for taxes In addition to the $10,160 00, the Weld County Treasurer's fee may increase the lien as permitted by law You may avoid this heanng 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 Schiel Assistant Weld County Attorney Enclosure CASE NO. 17C -030784 DATE 08/07/17 HEAR C JO- MARK GONZALES CLERK 0;06 IOD WELD COUNTY COURT MINUTE ORDER COUNTY CODE / ZONING VIOLATION DATE FILED August 7, 2017 --1) BOARD OF WELD COUNTY COMMISS ( ) ELAM, CHRISTINASE NUMBER 2017C30784 ( ) ( ) { ( ) HVRM, KCAIRuaal { ) ❑ Deft Counsel. l T OR CONTINUED SUIWMONS RETURN( ATTY: ❑ Zoning Violation §30-28-124 5 & 210 C.R S ; Cty Code § & narrative based on complaint ❑ ❑ Defendant Appears ❑ Motion, Stipulation & Order ❑ Stip adopted Review. ❑ Agreed Penalty S (paid to county per stipulation; send downstairs) ❑ Continue per parties. Next RDOS: (notice given in court) ❑ Denial/Answer PTCF set for: (Order PTCI~ issued in court) ❑ Defendant FTA ❑ Plaintiff request default ❑ Default entered ❑ Initial Penalty Ordered $ ❑ Motion for Initial &/or daily penalty auth /file w/in 14 Hearing on (Court will issue order & send notice) ❑ Continue per county because: Next RDOS (county to give notice) POST -DEFAULT OR POST -TRIAL JUDGMENT OR PENALTY HEARING ❑ Defendant Appears ❑ Defendant FTA (when was notice sent) ❑ Continued at County's request because to. (county to notice) ❑ Continued at defendant's request because: to (notice given) ❑ Stipulation ❑ Agreed Penalty S (paid to county per stipulation, send downstairs) ❑ Hearing ❑ Ina pen already imposed, $ ❑ Witnesses for County /❑ Witnesses for Defendant. LGL._ V r lblvk d,olbil umv\; WELD COUNTY GOVERNMENT Department of Planning Services COUNTY, CO ZCV16 00129; 17C30784 Christina Elam & Donald Harris 20453 County Road 54 WELD COUNTY GOVERNMENT Department of Planning Services COUNTY, CO Violations: Noncommercial Junkyard & Occupied Campers/RVs in a 100 -year Floodway August 7, 2017 ($20 daily penalty imposed) October 19, 2023 up to and including March 9, 2025 = 508 days $20 / Daily @ 508 days - $10,160.00 No contact has ever been received from property owners. WELD COUNTY GOVERNMENT Department of Planning Services COUNTY, CO I861t , �_'. y 1. are Aerial View 3/26/2025 1.33 19 PM Scale: 1.869 Data layers that appear on thrs map may or may not be accurate current, or otherwise reliable ANotes: DISCLAIMER This product has been developed solely for internal use only by Weld County The GIS database, applecatrons. and data in the product is subject to corntant change and the accuracy and completeness cannot be and is not guaranteed The desecration of lots or parcels or land uses in the database does not imply that the tots or parcels were legally aeatecl or that the land uses comply with applicable State or Local taw UNDER NO CIRCUMSTANCE SHALL ANY PART THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES WELD COUNTir 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 44.4- t) 3/20/M12S 1 3423 PM Scale- 1 114 3 Data Layers that appear on tho nap may or may not be accurate_ current or otherwise retail* A Notes DISCLAIMER Thu product has been destloped solely Tor internal use tatty by Weld County The GIS database. applications, and data in the product is subject to constant change and the accuracy and completeness cannot Iv and is not guaranteed the designation of lots or parcels or laud uses an the database does not empty that the lots or parcels were legally created or that the land uses compty wrth applicable State or Local law UNDER NO CIRCUMSTANCE SHALL ANY PART THE PRODUCT BE USED FOR SINAI DESIGN PURPOSES WELD COUNTY IvtA►;ES NO WARRANTIES OR GUARANTEES. EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS ACCURACY Oft CORRECTNESS OF SUCH PRODUCT NOR ACCEPTS ANY LIABILITY. ARISING FROM ANY INCORRECT. INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREIN Avoid it 3/26/2025 133:20 PM Scale. 1:1503 Data layers that Matt on this map may or may not ten accurate current, or ornerwne rehab* A Notes DISCLAIMER. Ih•s product has D eo developer, volt). to Internal use only by Yield County the GIS database apprcatwns and oats an the pnact.xt is saw* to constant change and the accuracy and completeness cannot the and is not gatemen* The desr9netlon of lots or patters or land uses to the database does not imply that the lots or parcels were legal./ created or that the Lend uses comply with aoplacable State or Local taw UNDER NO CURCUMSIANCE SHALL ANY PART THE PRODt1C t BE USW FOR FINAL DESIGN PURPOSES WEED COUNTY MAKES NO WARRANTIES OR GUARANTEES. EITHER EXPRESSED OR IMPLIED AS TO THE C°MP IitaiESS ACCURACY. OR CORRECTNESS Of SUCH PRODUCT NCHt ACCEPTS ANY LIABILITY. ARISING FROM ANY INCORRECT INCO►,tPLE tE CIR MISLEADING INFORMATION CONTAINED IHER.EIN WELD COUNTY GOVERNMENT Department of Planning Services COUNTY, CO iC`�i� 8 a tfi • if, `sal t Ma* fib "- z • r- - _ "iilw I •.�.� M• .,�. Ft • Y I • L4• 1 • 03/25!2025 • w ..„-T........ --• 2025/03/25 • WELD COUNTY GOVERNMENT Department of Planning Services COUNTY, CO Hello