HomeMy WebLinkAbout20250952.tiffResolution
Action of the Board Concerning Certification to Treasurer of County Compliance
Violation Penalties as Special Assessment — Enrique Jimenez -Gonzales
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, Enrique Jimenez -Gonzales,
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, ZCV22-00080, and upon Weld County's
motion, the County Court ordered the Defendant to pay $25.00 for each day that the
property remained in violation of the Weld County Code, beginning on July 10, 2023, 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, and
Whereas, on the 7th day of October, 2024, the Board of Commissioners of Weld County,
Colorado, found that the certification of $10,650.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from July 10, 2023,
through and including September 7, 2024 (a period of 426 days), be continued to April 7,
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 in substantial compliance with the
Weld County Code, and that the certification of $15,225.00 to the Weld County Treasurer
to be collected as a special assessment for the daily violation penalties from July 10,
2023, through and including March 9, 2025 (a period of 609 days), be dismissed, and the
civil penalties be declared no longer due or owning.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Certification of $15,225.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from July 10, 2023,
through and including March 9, 2025 (a period of 609 days), be, and hereby is, dismissed,
and the civil penalties, be, and hereby are, declared no longer due or owning.
Cc : PL(DE/MW Icy /Ark/MS /wz), CA (BB /KM /AS),
TR(€4 /SK)
04 /16/25
2025-0952
PL0824
Dismiss Certification to Treasurer of County Compliance Violation Penalties as Special
Assessment — Enrique Jimenez -Gonzales
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 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
2025-0952
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
•
Case 22-C-30037; zcv19-00292
•
$20.00 daily
penalty
beginning 8/7/2017
•
$10
daily
penalty
beginning 7/11/2022
•
•
Violations:
persons
Penalties
up
to
and
living
noncommercial
for
including
the
in
camper/RV
period
3/9/2025
of
10/19/2023
junkyard,
•
•
•
Violations:
Penalties
up
515
to
days
and
x
storage
for
including
$10/day
the
of
period
3/9/2025
=
10/12/2023
home
a mobile
of
$5,150.00
•
508 days
x $20/day
= $10,160.00
1
2025-0952
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 qov
PHONE (970) 336-7235
FAX (970) 352-0242
Notice of Certification of Lien to Weld County Treasurer
March 20, 2025
Enrique Jimenez -Gonzalez
7750 Henry St
Fort Lupton, CO 80621-4250
Enrique Jimenez -Gonzalez,
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 7166 Patrick Street to be in violation
of the Weld County Code
On August 11, 2023, the Court entered an`Order for Default Judgment and ordered you to pay a daily Penalty of
$25 00 per day beginning on July 10, 2023, 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 July 10, 2023, through March 9, 2025 This period totals 609 days for a
total of $15,225.00 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 '515,225.00 Such lien would have priority over all other security interests,
except for taxes. In addition to the $15,225 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 Scniel
Assistant Weld County Attorney
Enclosure
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038,
Greeley, Colorado 80632
Phone Number: (970) 475-2400
DA
CA
~E FILED: August 11, 2023 10:57 AM
E NUMBER: 2023O3.3277
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
ENRIQUE JIMENEZ-GONZALEZ
Defendant.
A. FOR COURT USE ONLY
Case Number: 23-C-33277
Division: C
ORDER FOR DEFAULT JUDGMENT
This matter came before the Court on July 10, 2023, for a nonappearance return date on
summons. Plaintiff was represented by Assistant Weld County Attorney Matthew Conroy, and
Defendant failed to Answer or otherwise appear. Based upon the foregoing, this Court makes
the following findings of fact:
1 This Court has jurisdiction over the subject matter and the parties herein. Plaintiff brings
g
this action for enforcement of building violations pursuant to Chapters 23 of the Weld County
Code, as permitted by *30-28-124.5 C.R.S. The subject of this action is property located at
7166 Patrick St, Weld County, Colorado. Therefore, this Court has jurisdiction over the
property and venue is proper. Defendant was properly served on June 16, 2023. Defendant
failed to file an Answer or otherwise appear on the return date July 10, 2023. As a result,
this Court enters default judgment against Defendant.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
1. The Defendant is in default.
2. A $25.00 per day penalty is ordered due to the continued violation. The penalty will begin on
July 10, 2023 and will continue until further order of this Court.
3. A $25.00 initial penalty is ordered due to the violation.
SO OfiDERED
i\e
tik�.
August 11, 2023
Magistrate Annette Kundelius Date
WELD COUNTY GOVERNMENT
Department of Planning Services
ya_r! r
COUNTY, CO
ZCV22 00080; 23C33277
Enrique Jimenez -Gonzales
71 bb Patrick Street
WELD COUNTY GOVERNMENT
Department of Planning Services
�• 861 .r..
COUNTY, CO
Violations:
Multiple commercial Vehicles in a Subdivision in violation of
Zoning Permit for single Commercial Vehicle
July 10, 2023 ($25 daily penalty imposed)
July 10, 2023 up to and including
March 9, 2025 = 609 days
$25 / Daily @ 609 days = $15,225.00
First contact established 10/06/2022. Has maintained constant contact with planning
and removed modular structure. Vehicle reported to be removed 03/26/25.
weld.gov
WELD COUNTY GOVERNMENT
Department of Planning Services
NA„ \ 861 /r%.
COUNTY, CO
Aerial View
3/26/2025 3:42.58 PM
Scale: 1:558
Data layers that appear on thn map may or rna;
not be accurate, current, or otherwise reliable
ANotes.
DISCLAIMER This product has been developed solely for internal use arty 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 designation of tots or parcels or land uses in the database does not imply that the tots or parcelb were legally created or that the land uses comply 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
aEtiThase
Scale 1.558
Data layers that appear on thrs map may or may
not be accurate current or others nc reliable
ANotes.
3/26/202S 3 47 36 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 anti is not guaranteed The desrgnatron of lots or parcels or land uses an the database does not empty that the lots or pmcels were legally created or that the land uses comply 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
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WELD COUNTY GOVERNMENT
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