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Home My WebLink About20230525.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - LUCINA FLORES 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, Lucina Flores, 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, ZCV19-00279, 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 August 4, 2021, and WHEREAS, the Board of County Commissioners previously approved the certification of $7,900.00 to the Weld County Treasurer for the daily penalties accruing period from August 4, 2021, through June 15, 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, and WHEREAS, at a hearing held on the 14th day of November, 2022, the Board found that the Certification for $2,900.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from June 16, 2022, through October 9, 2022 (a period of 116 days), be continued to February 13, 2023, 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 13th day of February, 2023, the Board found that the Certification for $5,250.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from June 16, 2022, through January 11, 2023 (a period of 210 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 CC: pL(T/Nu/tip/w=), c A (68 MAI TR(RF), APML. o3 /13/)3 2023-0525 PL0824 DISMISS CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - LUCINA FLORES 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, staff is recommending the Certification of $5,250.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from June 16, 2022, through January 11, 2023 (a period of 210 days), be dismissed and the civil penalties be declared no longer due or owing, as the property has made significant progress and is working with the property owner to permit the rest of the structures on the property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $5,250.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from June 16, 2022, through January 11, 2023 (a period of 210 days), be, and hereby is dismissed and daily civil penalties, be, and hereby are, declared no longer due or owing. 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: 4t,/j4,„ w xii„);(1 Weld County Clerk to the Board Deputy Clerk to the Boar APPROVED AS TO FOR A i- CountSl Attorney Date of signature: 03/oq /2 2023-0525 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 e ntering 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 o wner 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 e ither 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 doa3- O5a eD 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 confirmed 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; ZCV18-00172 $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; ZCV21-00349 • $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 2023-0525 "7( $ 213 z/21 PLo4sawl 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; ZCV2O-OOO97 • $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-OO29O $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-OOO77 $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; ZCV20-00124 $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-OO129 $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 ZCV19-00279 Porfirio & Lucina Flores 112 N Grace Ave * August 4, 2021 (daily penalty imposed) * $25 / Daily @ 210 days = $5,250.00 * June 16, 2022 —January 11, 2023 = 210 days History: 09/19/2019 06/19/2020 02/01/2021 08/03/2021 08/04/2021 12/02/2021 11/15/2021 01/31/2022 02/14/2022 04/18/2022 06/01/2022 07/18/2022 07/19/2022 08/01/2022 09/01/2022 09/16/2022 10/01/2022 10/12/2022 11/01/2022 11/02/2022 11/08/2022 11/14/2022 12/01/2022 01/01/2023 02/01/2023 02/07/2023 ZCV19-00279 Violation initiated. Kim Ogle & Staff met with Lucina Flores for PRE20-0088 regarding lot coverage USR. Demolition Permit (DEM21-0008) application submitted. Warning of DEM21-0008 expiration. Daily Penalties ($25) imposed (21-C-31191). DEM21-0008 Extension approved until February 28, 2022. Board of County Commissioners continued certification hearing to February 14, 2022. DEM21-0008 Expired. Board of County Commissioners continued certification hearing to April 18, 2022. Board of County Commissioners continued certification hearing to July 18, 2022. Daily Penalty reminder letter sent. Board of County Commissioners certified $7,900.00 Modesto Flores came into the office and discussed this hearing & case with Tonya Johnson Daily Penalty reminder letter sent. Daily Penalty reminder letter sent. Daniels Flores came to the Weld County Planning Office to discuss her cases. Daily Penalty reminder letter sent. Anonymous complaint reached out. Daily Penalty reminder letter sent. Notice of Certification of Lien to Weld County Treasurer sent by Matthew Conroy. I conducted an inspection from the road ROW. Still in violation. Certification of Daily Penalties hearing before Board of County Commissioners continued to 02/13/2023. Daily Penalty reminder letter sent. Daily Penalty reminder letter sent. Daily Penalty reminder letter sent. Property Inspected. No visible progress regarding structures. TN: snap C a ,cr Wert: :tric 0+.404.4 from an ire +nu: = -y sfcr arc : sty re!renc+ Cnly. 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