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HomeMy WebLinkAbout20250895.tiffResolution Approve Certification to Treasurer of County Compliance Violation Penalties as Special Assessment — Chevy Truck Parts, LLC, c/o Douglas Ruppel 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, Chevy Truck Parts, LLC, c/o Douglas Ruppel, 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, CCV23-00124, and upon Weld County's motion, the County Court ordered the Defendant to pay $100.00 for each day that the property remained in violation of the Weld County Code, beginning on July 3, 2024, 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. Whereas, on the 30th day of September, 2024, the Board of Commissioners of Weld County, Colorado, found that the certification of $6,000.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from July 3, 2024, through and including August 31, 2024 (a period of 60 days), be continued to March 31, 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 still in violation and that the certification of $24,200.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from July 3, 2024, through and including March 1, 2025 (a period of 242 days), be approved. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Certification of $24,200.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from July 3, 2024, through and including March 1, 2025 (a period of 242 days), be, and hereby is, approved. 5021725 Pages: 1 of 2 04/09/2025 10:14 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Mari. !III cC : P ..(DE/MN/o//AR/Viii W t) TR(gG/34, CANE/KM/AS) 411S�/2.5 2025-0895 P L0824 Certification to Treasurer of County Compliance Violation Penalties as Special Assessment — Chevy Truck Parts, LLC, c/o Douglas Ruppel 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 31st day of March, A.D., 2025: Perry L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Nay Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 5021725 Pages: 2 of 2 04/09/2025 10:14 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 2025-0895 PL0824 1111 FATIANhl iiit 1.,11, Vida 11111 TO: Board of County Commissioners FROM: Adria Schiel, Assistant County Attorney DATE: March 31, 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 March 31, 2025 Chevy Truck Parts c/o Douglas Ruppel Brian Rector • 19570 CR 28 • 2061 County Road 53, Kersey • 23C37088 • 2X36441 • $100.00 per day penalty beginning on • $50.00 per day penalty beginning July 3, 2024 12/4/2023 • Violations: commercial personal without vehicles, land outdoor equipment, use semis permits storage recreation and of semi -trailers and • Violations: • 12/4/2023 • 454 without days commercial permits, up x $50.00/day no to and land including vehicles, = use $22,700.00 permits 3/1/2025 building • 7/3/2024 up to and including 3/1/2025 • 242 days x $100/day = $24,200.00 1 2025_Q895 3/3\ PLM4 Chevy Truck Parts LLC C/O Douglas Ruppel 1479 S Jasper St Aurora, CO 80017-4028 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 Countv Treasurer March 5, 2025 SENT VIA FIRST CLASS MAIL Douglas Ruppel, 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 19570 County Road 28 to be in violation of the Weld County Code On June 13, 2024, the Court ordered you to pay a daily Penalty of $100 00 per day beginning on July 3, 2024, 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 March 31, 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 of July 3, 2024, up to and including March 1, 2025 This period totals 242 days ,for a total of $24,20000 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 $24,200.00 Such lien would have pnonty over all other security interests, except for taxes in addition to the $24,200 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 Bn_ck at (970) 400-3551 Please feel free to contact me with any questions Respec tfully Adria Sc lel Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, F.O. Box 2038, DATE FILED June 13, 2024 9 12 AM Greeley, Colorado 80632 CASE NUMBER 2023C37088 Phone Number (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v ® FOR COURT] USE ONLY A CHEVYTRUCK PARTS LLC, Case Number 23-C-37088 Division C Defendant ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on June 3, 2024, for an evidentiary hearing Plaintiff was represented by Assistant Weld County Attorney Adria Schiel, and Defendant, Chevy Truck Parts LLC, appeared pro se Testimony was heard from Nicole Bnck, Weld County Compliance Officer, and Diana Martinez and Douglas Ruppel for Chevy Truck Parts LLC Based upon the testimony of the parties and Plaintiff's admitted Exhibits A through H, this Court makes the following findings of fact and conclusions of law 1 This Court has junsdiction 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 Defendant was properly served on December 14, 2023 2 Defendant owns and/or occupies the property located at 19570 CR 28, in unincorporated Weld County (the "Property") 3 The Court finds that the Plaintiff has proven by a preponderance of the evidence that the Defendant has failed to comply with the stipulation that was Ordered by the Court on February 5, 2024 The Defendant failed to pay the imtial civil penalty of $250 00 and a complete USR draft application was not submitted by May 1, 2024, as agreed to in the stipulation IT IS THEREFORE ORDERED, ADJUDGED AND DECREED 5 A $100 00 per day penalty is ordered due to the continued violation The penalty will begin on July 3, 2024, and will continue until further order of this Court June 13, 2024 ANNETTE J KUNDELIUS Date Weld County Court Magistrate WELD COUNTY GOVERNMENT Department of Planning Services COUNTY, CO CCV23 00124; 23C37088 ChevyTruck Parts c/o Doug Rupple 19570 COUNTY ROAD 28 WELD COUNTY GOVERNMENT Department of Planning Services ‘1. . ,r; COUNTY, CO Violations: Commercial Junkyard Storage and Tire Recycling Facility without land use permits July 3, 2024 ($100 daily penalty imposed) July 3, 2024 up to and including March 1, 2025 = 242 days $100/ Daily @ 242 days = $24,200.00 First contact established 11/17/2023. Met with Planning 5 times, new meeting set. Last contact 03/26/2025 with additional land uses. No complete submission at this time. weld.gov WELD COUNTY GOVERNMENT Department of Planning Services COUNTY, CO Aerial View .� WELD COUNTY ONLINE MAPPING • I'iye, M'lp _ - -it. - -- Z I +�. .. Ini01,404 - ♦unu..• t .. n� i • Fort OAtn Lowriand 'S i6ider Denver • .. - W.B. ...� , i'. 16:' S . � .., .. a . .c - - - , + .. �`.� Legend ;4.. _ - ,: _ --•_ ;• �28 �_ - "� `� Parcels M1 e:, , `'' Y� j Highway •tv , . 70 � _ !� i f Ill I h .. • . .. -, ;... . ,. ■ County BOurlaary 1, i • Mir, fill i. ll I' i � 4 L' 11 C • 19640 ,• _. • •: l• _ - i�{l� s.,^ _ . �• _ � -._ - ; _ tie e- 1- taw • ' . ►� 111 _. - :� ♦. -- � • :. f •.} 1i .. `� + • l a1C'+�. • I I I I I I I I( III ( `v.Jk .. f' i a� T r` '� ,- r. , ♦ �. 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Notes WELD COUNTY GOVERNMENT Department of Planning Services 1861 /dr- COUNTY, CO 10/17/2023 09/24/2024 WELD COUNTY GOVERNMENT Department of Planning Services IL\ tz, Via" COUNTY, CO 03/18/2025 :II ,•,,,. • �•, ,1. •ay•,� .. •,'•' WELD COUNTY GOVERNMENT Department of Planninc Services No.„. ro lame - COUNTY, CO WELD COUNTY GOVERNMENT Department of Planning Services 03/18/2025 WELD COUNTY GOVERNMENT Department of Planning Services COUNTY, CO CONNECT WITH US! V)/j1Pliil _� www .weld . o v g couNt tr) @WeldCountyGovernment @weldgov @WeldCountyCO @weld -county @WeldCountyCO weld.gov Hello