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Home My WebLink About20230524.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOSE MENDOZA 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, Jose Mendoza, 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 Zoning Compliance Violation, ZCV21-00349, 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 September 19, 2022, and WHEREAS, C.R.S. §30-28-124.5(1) and Section 23-10-40.A of the Weld County Code allow these costs to be assessed against the property and collected as a special assessment by the Weld County Treasurer. WHEREAS, at a hearing held on the 9th day of November, 2022, the Board of Commissioners of Weld County, Colorado, found that the Certification of $525.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from September 19, 2022, through October 9, 2022 (a period of 21 days), be continued to December 7, 2022, at 9:00 a.m., to allow the property owner further time to bring the property into compliance, and WHEREAS, at a hearing held on the 7th day of December, 2022, the Board of Commissioners of Weld County, Colorado, found that the Certification of $1,225.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from September 19, 2022, through November 6, 2022 (a period of 51 days), be continued to February 22, 2023, at 9:00 a.m., to allow the property owner further time to bring the property into compliance, and 4886659 Pages: 1 of 2 03/15/2023 10:43 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIIII MIC lidilihe lig 14 MikliAI 'p iti llkIYklk II II1 Cc: Pt.(-rrf► /BP/us) cA(86/rnt) TR(Pf), APPI.. O312I /2-3 2023-0524 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOSE MENDOZA PAGE 2 WHEREAS, the hearing to be held on the 22nd day of February, 2023, was cancelled by the Board of Commissioners of Weld County, due to inclement weather, and was rescheduled to February 27, 2023, at 9:00 a.m., and WHEREAS, at said hearing held on the 27th day of February, 2023, the Board of Commissioners of Weld County, Colorado, finds that the Certification of $3,150.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from September 19, 2022, through January 22, 2023 (a period of 126 days), be approved. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $3,150.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from September 19, 2022, through January 22, 2023 (a period of 126 days), be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of February, A.D., 2023. BOARD OF COUNTY COMMISSIONERS ,,,,,,// WELD COUNTY, COLORADO ATTEST: a ', ade0;c1 Mike an, Chair Weld County Clerk to the Board Deputy Clerk to the Board APPROVED AS TO FOR A -County Attorney Date of signature: 03 /09/2:, 4886659 Pages: 2 of 2 03/15/2023 10:43 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII I�.rI�II �14+M1�Wh� I �IIL�+��k'hL1GE�i44�iuh� Y4rJti "Ill 2023-0524 PL0824 TO: Board of County Commissioners FROM: Matt Conroy, Assistant County Attorney DATE: February 27, 2023 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 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. As the hearings today are continued from Wednesday February 22, 2023, due to the closure of the County, all requested certifications are for the period from either the date of the court order or the last certification through January 22, 2023. Hearings Scheduled for 2/27/23 The first case on the agenda is Weld County v Jose Mendoza, 22-C-31938/ZCV21-OO349. The Weld County Court ordered a daily penalty of $25 per day beginning September 19, 2022, due to the presence of a non-commercial junkyard on the property at 1401 N 26th Avenue in Greeley. This property is within the floodplain. The certification previously came before the Board on November 14, 2022 at which time the Board continued the case until today. The current outstanding penalty that can be certified is $3,150.00 (126 days). As there has been no visible progress on cleaning up the property, Staff's recommendation is to certify. The second case on the agenda is Weld County v Lucina Flores. The violation was a building constructed/expanded without permits which housed too many animal units per the Weld County Code. This certification came before the Board on February 13, 2023, where a representative of Ms. Flores, Mr. Modesto Flores, indicated that the building had been removed and the animals were moved off the o2aa.3-o 6ec17t property between the time Code Compliance Officer Bethany Pascoe inspected the property in preparation for the hearing and the hearing itself. The Board continued the matter until today to give staff time to verify Mr. Flores' claims. Ms. Pascoe revisited the property and confirrred that a substantial portion of the building had been removed and that there was no evidence of exceeding the allowable number of animal units. It is Staff's position that the remaining portions of the building still need to be permitted, but staff is requesting time to work with the property owner and her family to bring about a resolution. It is therefore Staff's recommendation that the Board does not certify the outstanding penalty against Ms. Flores' property. TO: Board of County Commissioners FROM: Matt Conroy, Assistant County Attorney DATE: November 9, 2022 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 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. As such, all requested certifications are for the period from either the date of the court order or the last certification through October 9, 2022. Hearings Scheduled for 11/9/22 The first four cases we have today have never been certified by the Board as a special assessment, though the first has come before the Board several times in the past. New Certifications Jesus Vega 1707 Cedar Ave Case 19-C-30835; ZCV18-OO172 $50 daily penalties beginning 9/2/22 Violations: Commercial trucking and storage operation without an approved Site Plan Review as well as presence of derelict passenger vehicles Penalties waived by the Board 2/23/22 and then suspended by the Court until Jose Mendoza • 1401 N 26th Ave, Greeley • Case 22-C-31938; ZCV21-OO349 • $25 daily penalty beginning 9/19/22 after daily penalty hearing • Violations: Noncommercial junkyard including derelict vehicles and other debris • 21 days x $25/day = $525 2023-0524 11/O9 12/-1 $ 2/27 PLO g�I 9/1/22 with the assumption that a site plan review would be completed. [2022- 0645] • No SPR as of 9/1/22 so suspension lifted, and penalties reimposed. • 37 days x $50/day = $1,850 Daudet Tortoledo Hernandez Charles Simanskv • 15125 Good Ave, Fort Lupton 80621 • 40751 County Road 68 • Case 22-C-30184; ZCV21-OO14O • Case 22-C-30037; ZCV19-00292 • $25 daily penalty beginning 6/6/22 after • $10 daily penalty beginning 7/11/22 after daily penalty hearing daily penalty hearing • Violations: accessory structures bulls • Violations: Storage of d 'nubile liurne without permits and exceeding maximum • Still in violation and no new permits have allowed lot coverage been applied for. • 126 days x $25 per day = $3,450 • 91 days x $10/day = $910 The next four cases were all previously certified in June 2022. Previously Certified Rolando and Eloise Castillo Graciela Quinonez and Veronica Gutierrez • 8588 CR 21, Fort Lupton • 10 case: 17C37227; BCV16-00012 • Case 21C31829; BCV20-00048/ZCV20- • $10 daily penalty beginning 05/17/18 00023 • Violations: unpermitted structures not • $25 daily penalties beginning 10/12/21 meeting setback requirements • Violations: noncommercial junkyard, too • 2"d case: 19C32661; ZCV18-00258 many animals onsite, and electrical work • $10 daily penalty beginning 09/16/19 completed without a permit • Violations: noncommercial junkyard and • Certified on 06/22/22 through 05/22/22 derelict vehicles [2022-1808] • Certified 06/29/22 through 05/22/22 • Property is still in violation [2022-1874] • 140 days x $25/day = $3,500 • 140 days x $20/day = $2,800 Luis Armando Lopez Bruce Brotemarkle • 2717 49th Street, Evans • 1708 CR 32, Platteville • Case 21C33085; BCV20-00071; ZCV2O- • Case 20C32497; ZCV19-00290 00287 • $50 daily penalties ordered to begin • $10 daily penalties beginning 12/13/21 12/10/20 • Violations: multiple unpermitted detached accessory structures that do • Violations: noncommercial junkyard, occupied camper/RV not meet setbacks, offsets, or lot • Certified 6/22/22 through 5/22/22 [2022 - coverage requirements; multiple onsite 1807] commercial vehicles and equipment • Property is still in violation • Certified $1645 on 06/29/22 through • 140 days x $50/day = $7,000 05/22/22. Paid $1645 on 8/8/22. [2022- 1870]. • Property is still in violation. • 140 days x $10/day = $1,400 Hearings Scheduled for 11/14/22 The 14 cases here have all been previously certified by the Board as a special assessment. Previously Certified Susan Beasley • 17930 CR 12, Fort Lupton • Case 21C31827; ZCV20-00097 • $50 daily penalties ordered to begin 02/07/22 Violations: occupied camper/trailer-rvs; unscreened derelict vehicles and camper/trailer-rv's Property is still in violation Certified 06/22/22 through 05/22/22 [2022-1803] 140 days x $50/day = $7,000 Andres Benjamin Hernandez Jr. 11523 Christian St., Fort Lupton Case 22C30195; ZCV21-00290 $40 daily beginning 03/07/22 Violations: visible noncommercial junkyard within the floodplain Certified 6/22/22 through 05/22/22 [2022-1804] Property is still in violation 140 days x $40/day = $5,600 Vince Holton • 22795 Hwy 392 • Case 21C37085; ZCV20-00078 • $10 daily penalty beginning 03/07/22 • Violation: storage of a mobile home without a permit • Certified on 06/22/22 through 05/22/22 [2022-1805] • Property is still in violation • 140 days x $10/day = $1,400 John Krenzelok 39538 Boulevard B, Eaton Case 21C34313; ZCV21-00077 $50 daily penalty beginning 03/21/22 Violations: unpermitted manufactured structure, occupied camper/trailer-rv, noncommercial junkyard without a primary use, accessory structures without a primary use Certified on 06/22/22 through 05/22/22 [2022-1806] 140 days x $50/day = $7,000 • Jerry Dill and Lynne Kelly • 3108 O Street, Greeley Case 21C32551; ZCV2O-OO124 $10 daily penalties beginning 08/20/21 Violations: unpermitted mobile home, unpermitted commercial storage business, unpermitted commercial vehicles, noncommercial junkyard and derelict vehicles Certified on 06/22/22 through 05/22/22 [2022-1809] 140 days x $10/day = $1,400 Christina Elam and Donald Harris 20453 CR 54, Greeley Case 17C30784; ZCV16-00129 $20 daily penalty beginning 08/07/17 Violations: noncommercial junkyard, persons living in camper/ry Certified on 06/22/22 through 05/22/22 [2022-1810] 140 days x $20/day = $2,800 • Consuelo Hernandez • 3223 CR 19, Fort Lupton Case 21C31839; ZCV2O-OO215 Aryan Kiani and Matthew Irvin • 331 Dunmire St, Frederick • Case 20C30918; ZCV19-00192 • $20 daily penalty beginning 07/12/21 • Violations: noncommercial junkyard, installation of multiple cargo containers without building permits • Certified on 09/21/22 through 08/21/22 [2022-2692] • 49 days x $20/day = $980 • $25 daily penalties beginning 10/22/20 • Violations: noncommercial junkyard and derelict vehicles • Certified on 06/22/22 through 05/22/22 [2022-1812] • 140 days x $25/day = $3,500 Frank and Yrene Martinez County Road 55 parcel no 029733400009 • Case 21C37057; ZCV21-00159 • $50 daily penalties beginning 03/07/22 • Violations: accessory uses without a principal use including a noncommercial junkyard; multiple commercial vehicles, accessory structures, and occupied camper/trailer RVs Certified on 06/29/22 through 05/22/22 [2022-1871] 140 days x $50/day = $7,000 Jesus Salas and Tiffany Brown • 15979 Nancy Ave, Ft. Lupton • Case 21C33090; ZCV21-00001 • $25 daily penalties beginning 09-03-21 Violations. noncommercial junkyard, derelict vehicles, unpermitted semi- trailers Certified on 06/29/22 through 05/22/22 [2022-1876] 110 days x $25/day = $3,500 Mahic Sabahudin and Melina Sabanovic Unbuilt lot on Good Avenue, Ft. Lupton Case 08C37496; ZCV18-00166 $25 daily penalty beginning 08/05/19 Violations: noncommercial junkyard, persons living in camper/RV Certified on 06/29/22 through 05/22/22 [2022-1875] 140 days x $25/day = $3,500 Dave Sanger Sr • 565 Dunmire St, Frederick Case 21C30145; ZCV20-00093 $10 daily penalties beginning 05/12/21 Violations: noncommercial junkyard, installation of cargo container without building permits Certified on 06/29/22 through 05/22/22 [2022-1877] 140 Hays x$10/day=$1,400 Justin Walden • 4730 Kings Canyon Dr., Greeley • Case 21C31191; ZCV2O-OO174 • $25 daily penalties beginning 09/29/21 • Violations: noncommercial junkyard, derelict vehicle Certified on 06/29/22 through 05/22/22 [2022-1878] 140 days x $25/day = $3,500 Lucina Flores • 112 N Grace Ave, Milliken • Case 20C31602; ZCV19-OO279 • $25 daily penalties beginning 08/04/21 • Violations: Exceeding maximum allowable lot coverage and too many animals on the property Certified on 07/18/22 through 06/15/22 [2022-2018] 116 days x $25/day = $2,900 WELD COUNTY ATTORNEY'S OFFICE 1150 O STREET P.O. BOX 758 GREELEY, CO 80632-0758 WEBSITE: www.weld.gov PHONE: (970) 336-7235 FAX: (970) 352-0242 Notice of Certification of Lien to Weld County Treasurer February 8, 2022 Jose Mendoza 325 23`d Avenue Ct Greeley, CO 80631 Mr. Mendoza: This letter is a courtesy reminder of Weld County's intent to certify certain liens on your property to the Weld County Treasurer on February 22, 2023. Previously, the County Court found your property to be in violation of the Weld County Code. On September 19, 2022, the Court entered an Order Imposing Daily Penalties, finding that your property was still in violation of the Weld County Code, and ordered you to pay a daily penalty of $25.00 per day beginning on September 19, 2022, and continuing until the zoning violation is removed from the property. Upon information and belief, the zoning violation still exists on your property. At a public hearing on February 22.2023. at 9:00 a.m. the Weld County Board of County Commissioners will determine whether to certify the daily penalties against your property which have accrued.The hearing will be held at the Weld County Administration Building at 1150 "0" Street, Greeley, CO 80631. The hearing will address the penalties for the period from September 19, 2022, through January 22, 2023. This period totals 126 days and amounts to $3,150.00. 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 SILVIO. Such lien will have priority over all other security interests, except for taxes. In addition to the $3,150.00, 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. Alternatively, arrangements may be made by contacting Bethany Pascoe at (970) 400-3529. Please feel free to contact me with any questions. Respectfully, Matthew Conroy Assistant Weld County Attorney 69114/0.11 ZCV2 1-00349 Jose Mendoza 1401 N 26th Ave * September 19, 2022 (daily penalty imposed) * $25 / Daily @ 126 days = $3,150.00 * September 19, 2022 —January 22, 2023 History: 11/16/2021 11/24/2021 12/17/2021 02/01/2022 03/10/2022 04/19/2022 04/26/2022 06/08/2022 06/10/2022 09/19/2022 10/26/2022 11/01/2022 11/09/2022 ZCV21-00349 Initiated. Violation Notification letter sent. Notice of Intent to Proceed letter sent. Pending Court case courtesy letter sent. Pending Court case courtesy letter sent. Pending Court case courtesy letter sent. Court Courtesy Packet sent. Motion, Stipulation & Order entered by DVSN C (22-C-31938). Courtesy Flood Letter sent by Diana Aungst. Daily Penalties ($25 per day) imposed by DVSN C. Notice of Certification of Lien to Weld County Treasurer letter sent by Matthew Conroy. Daily Penalty reminder letter sent. Certification of Daily Penalties hearing before Board of County Commissioners continued to 12/07/2022. 11/30/2022 12/07/2022 Inspection conducted. Certification of Daily Penalties hearing before Board of County Commissioners. 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