HomeMy WebLinkAbout20252179.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 :PL(TAE/MN/cv/A v. B/WI),TR(6/SK), 2025-2179
cA(1313/xr-ORPL0824
ow/22-(25
Action of the Board Concerning 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, on the 7th day of April, 2025, 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 March 9, 2025 (a period of 508 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 that a Treasure's Deed was issued on July 17, 2025,
and the property is under new ownership with said property being conveyed to
Buffalo Plains 22, LLC, and the certification of $12,540.00 to the Weld County Treasurer
to be collected as a special assessment for the daily violation penalties from October 19,
2023, through and including July 6, 2025 (a period of 627 days), be dismissed, and the
civil penalties be declared no longer due or owing.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Certification of $12,540.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from October 19, 2023,
through and including July 6, 2025 (a period of 627 days), be and hereby are, dismissed,
and the civil penalties be, and hereby are, declared no longer due or owing.
2025-2179
PL0824
Action of the Board Concerning Certification to Treasurer of County Compliance Violation
Penalties as Special Assessment — Donald Harris and Christina Elam
Page 3
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 4th day of August, 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
2025-2179
PL0824
TO: Board of County Commissioners
FROM: Adria Schiel, Assistant County Attorney
DATE: August 1, 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
Coce, agrees to pay an initial fine, and also 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 August 4, 2025
Donald Harris & Christina Elam
• 20453 County Road 54
• 17C30784; ZCV16-OO129
• $20 daily penalty beginning 8/7/2017
• Violations: noncommercial junkyard,
persons living in camper/RV
• Penalties for the period of October 19,
2023, up to and including July 6, 2025
(627 days)
• 627 days x $20 per day = $12,540.00
• Recommendation: A treasurer deed was
issued on 7/17/2025. The property was
conveyed to Buffalo Plains 22 LLC. Since
the property has a new owner, our
recommendation is to not certify any
outstanding penalties.
1
2025-2179
P C) .1_44
Weld County Attorney's Office
(970) 336-7235
1150 O St., P.O. Box 758
Greeley, CO 80632
Notice of Certification of Lien to Weld County Treasurer
July 10, 2025
Donald Harris and Christina Elam
20453 County Road 54
Greeley, CO 80631-9088
Donald Harris and Christina Elam,
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 at 20453
County Road 54, Weld County, Colorado to be in violation of the Weld County Code.
On August 8, 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 August 4, 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 July 6, 2025. This period totals 627 days for a total of $12,540.00. 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 $12,540.00. Such lien would have priority over all other security
interests, except for taxes. In addition to the $12,540.00, 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 (970) 400-3551. Please feel
free to contact me with any questions.
Respectfully,
Assistant Weld County Attorney
Enclosure
CASE NO 17C -030784
DATE 08/07/17 HEAR C
JO• MARK GONZALES
CLERK
WELD COUNTY COURT
MINUTE ORDER
COUNTY CODE / ZONING VIOLATION
DATE FILED August 7, 2017
`ifj ) BOARD OF WELD COUNTY COMMISS ( ) ELAM, CHRISTIN,EL NUMBLE 2017C30704
( ) ( ) Wi Gic, KaDi t sgal
( ) ( ) ❑ Deft Counsel
( )ik OR CONTINUED SUMMONS RETURN.
❑ Zoning Violation §30-28-124 5 & 210 C.R S , Cty Code § & narrative based on complaint
O
O
O
O
❑ Defendant Appears
❑ Motion, Stipulation & Order O Stip adopted Review.
O Agreed Penalty- $ (paid to county per stipulation; send downstairs)
❑ Continue per parties Next RDOS (notice given in court)
❑ Denial/Answer PTCF set for. (Order PTCF issued in court)
❑ Defendant FTA
❑ Plaintiff request default O 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 O Defendant FTA (when was notice sent)
❑ Continued at County's request because to (county to notice)
O Continued at defendant's request because to (notice given)
❑ Stipulation
❑ Agreed Penalty $ (paid to county per stipulation, send downstairs)
❑ Hearing
❑ Init pen already imposed? $
❑ Witnesses for County:
❑ Witnesses for Defendant.
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WELD COUNTY GOVERNMENT
Department of Planning Services
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COUNTY, CO
ZCV16 00129; 17C30784
Christina Elam & Donald Harris
20453 County Road 54
weld.gov
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
July 6, 2025 = 627 days
$20 / Daily @ 627 days = $12,540.00
Property owners appeared for certification hearing 10/07/24. Continuance requested
and granted April 7, 2025 due to pending sale of property. Public auction and sale June
18, 2025. New deed recorded 07/17/25.
WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
Aerial View
4YEES
Scale 1.869
Data layers that appear on thrs map may or may
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A Notes
3/26!2025 1.33 19 PM
DISCLAIMER Th,s product has been developed solety for internal use only by Wei() County The US database, applications and data en the product is subject to constant change and the accuracy and
completeness cannot be and is not guaranteed The designation of lots or parcels or land uses in the database does not imply that the tots or parcels were legally created or that the land uses comply with
applicable State or Local taw UNDER NO CIRCUMSTANCE SHALL ANY PART THE PRODUCT SE USED FOR FINAL DESIGN PURPOSES WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES. EITHER EXPRESSED
OR IMPLIED AS TO THE COMPLETENESS. ACCURACY OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY ARISING FROM ANY INCORRECT. INCOMPLETE OR MISLEADING INFORMATION
CONTAINED THEREIN
WELD COUNTY GOVERNMENT
Department of Planning Services
1861/
COUNTY, CO
Zoning in the Area
3/26/202$ 134.23 PM
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not be accurate tuner* Of ottefssne re4obl!
A Notes
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DISCLAIMER Ths product ha been dr .loped witty for .nterrta use only by Weld County The GIS databaseappMcatront, and data ,n the product is subpkt to tonsure change and the accuracy and
completeness cannot be and a nut guaranteed The dttrgr atron of lots or parcels or land uses os the database does not enpfy that the kit or parcels men *gaily created or that the land uses comply with
appnuble State or Local taw UNDER NO CIRCUMSTANCE SHALL ANY MAI THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES WELD COUNTY MAXIS 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 MSLEADNNG INFORMATION
CONTAINED THEREIN
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apprcalde State a total taw UNDER NOCIRCUPAStANCE SHALL ANY PART THE PRUOUC I BE USE[) FOR FINAL DESIGN PURPOSES WELD COUNTY MARES NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED
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CONTAINED MERLIN
WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
03/25/2025
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WELD COUNTY GOVERNMENT
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WELD COUNTY GOVERNMENT
Department of Planning Services
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COUNTY, CO
COL?NtY
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5041768 Pages 1 1
07/17/2025 03 23 PSI R Feoef $0 00
Carly Kopper, Clerk and Recorder, Weld County CO
Form #2405
Revised 4/9/2025
TREASL REAR'S OFFICE COEN S OF WFI D STATE OF COLORADO
TREASURER'S DEED
Treasurer's Deed No 4607
The following described real property is the subject of this Treasurer's Deed
Legal Description 12803-C PT SW4 21-5-65 BEG S89D45'W 133 58' FROM S4 COR
N0D50'E 310 50' S89D45'W 400' S0D50'W 310 50' N89D45'E 400' TO BEG (25R)
Also known by street address as 20453 COUNTY ROAD 54 WELD
Assessor Schedule/Account No R3915386
Original Assessed Owner
ELAM CHRISTINA KAY (50%),
HARRIS DONALD LEE (50%)
The taxes assessed upon this property for the year 2019 remained due and unpaid at the date of the
Public Tax Lien Sale ("Sale")
The Weld County Treasurer, by virtue of the authority vested in them by law, conducted the Sale on
October 30, 2020, in substantial conformity with statutory requirements
A Tax Lien Certificate of Purchase was issued to Buffalo Plains 22 LLC, ("Lawful 1 folder") for this
property for the payment of the taxes, delinquent interest, and costs then due and remaining unpaid
More than three years have elapsed since the date of the Sale, the statutory redemption period has
expired, and the property has not been redeemed,
1 he Lawful Holder filed an Application for a Certificate of Option for Treasurer's Deed for the
above -described property on December 2, 2024 Said Application was recorded on December 11,
2024, in the real estate records of Weld County, Colorado at Reception No 4999396
The Treasurer provided notice of the public auction as required by law and then proceeded to hold a
public auction on June 18, 2025 At said auction, Kidist Abire, ("Purchaser"), whose address is 17
Logo Vista East, Wylie, Texas 75098, bid the sum of $51,100 00 for said property Being the person
who submitted the winning bid at the public auction and who timely submitted proper funds, the
Treasurer awarded a Certificate of Option for 1 reasurer's Deed to the Purchaser,
The Lawful Holder subsequently redeemed the Certificate of Option for Treasurer's Deed by paying
to the 1 reasurer the amount the Purchaser paid at the public auction, with interest from the date of
sale, along with all applicable fees or costs The redemption was made on July 17, 2025, and, after
redeeming the above -described property, the Lawful Holder is entitled to a Treasurer's Deed
All statutory provisions prescribing prerequisites to obtaining a Treasurer's Deed have been fulfilled
at this time
Now, therefore, in consideration of the above, I, Brigitte C Grimm, Treasurer of Weld County, in
the state of Colorado, convey to Buffalo Plains 22 LLC whose address is, 1000 Riverside Ave
#400, Jacksonville, FL 32204 all right, title, and interest in the described real property, subject to any
encumbrances and restrictions of record
Executed on July 17, 2025, by
Brigitte Grimm, Treasurer of Weld County, State of Colorado
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