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
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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
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WELD COUNTY GOVERNMENT
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WELD COUNTY GOVERNMENT
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WELD COUNTY GOVERNMENT
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WELD COUNTY GOVERNMENT
Department of Planning Services
COUNTY, CO
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