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Home My WebLink About20230437.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - FRANK AND YRENE MARTINEZ 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 Defendants, Frank and Yrene Martinez, 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 Defendants failed to bring the property into compliance with the Weld County Code, in relation to Zoning Compliance Violation, ZCV21-00159, and upon Weld County's motion, the County Court ordered the Defendants to pay $50.00 for each day that the property remained in violation of the Weld County Code, beginning on March 7, 2022, and WHEREAS, the Board of County Commissioners previously approved the certification of $3,875.00 to the Weld County Treasurer for the daily penalties accruing period from March 7, 2022, through May 22, 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 $7,000.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from May 23, 2022, through October 9, 2022 (a period of 140 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. WHEREAS, at said hearing held on the 13th day of February, 2023, staff recommended the Certification for $7,000.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from May 23, 2022, through October 9, 2022 (a period of 140 days), be dismissed and the civil penalties be declared no longer due or owing, as the County has entered into a Stipulations Agreement, with the intent for the property owners to build a house and bring the property into compliance, and the court ended the daily penalties. C C :PLO-rho:/Nn /8P), CA (8a/stA TR(Rv), APPL. 02/23/23 2023-0437 PL0824 DISMISS CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - FRANK AND YRENE MARTINEZ PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $7,000.00 to the Weld County Treasurer, be, and hereby is, dismissed and the civil pentalties, 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 13th day of February, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditAt,„ .aC�to•� Weld County Clerk to the Board unty Attorney Date of signature: O2/17/23 Mike -e an, Chair 2023-0437 PL0824 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 2023-0437 t 7A 1/43 pLowa9 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 Baudel Tortoledo Hernandez Charles Simansky • 15125 Good Ave, Fort Lupton 80621 • 40751 County Road 68 • Case 22-C-30184; ZCV21-OO14O • Case 22-C-30037; ZCV19-OO292 • $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 built • Violations: Storage of a mobile home 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 Eloisa Castillo Graciela Quinonez and Veronica Gutierrez • 8588 CR 21, Fort Lupton • 1st 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 49'11Street, 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-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; ZCV21-00290 $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-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-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; ZCV20-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 Frank and Yrene Martinez County Road 55 parcel no 029733400009 • Case 21C37057; ZCV21-OO159 • $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] 140 days x $25/day = $3,500 • $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 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 days 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 = $2,900 ZCV2 1-00159 Frank & Yrene Martinez 0 CR 55 (Parcel: 0297-33-400009) COUNTY COURT, WELD COUNTY, COLORADO Court Address: 818 Tenth Street, P.O. Box 2038, Greeley, Colorado 80882 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, FRANK MARTINEZ and YRENE MARTINEZ Defendant(s). TE ILIZ January t2, 2023 5" PM SI' AUMAER: 2021('37057 ❑ FOR COURT USE ONLY ❑ Matthew Conroy, Assistant Weld County Attorney 1150 "O"Street P.O. Box 758 Greeley, CO 80832 Phone Number(84)751412;1135 Fax Number, E -Mall: mconroy@weidgov.com Attorney Registration S 57065 Defendant(#) FRANK 8 RENE MARTINEZ PO BOX 511Y AULT CO 80810 Case Number: 21-C-37057 Division: C MOTION, STIPULATION, AND ORDER COMES NOW the Plaintiff, by and through its attorney, and Defendant(s) and moves this Court to accept the following stipulation as agreed upon by the parties. 1. This Court has subject matter and personal jurisdiction herein. 2. That the defendant(s), FRANK and YRENE MARTINEZ Ware the owners of the property described as: PT SE4 33-10434 COMM SE COR S. SEC TH S88D28W 1325.38 S88D28W 433.39 N00D05E 888.71 N88D24E 1758.77 S00D05W 887.78 TPOB also known as street address and number as VACANT (0297-33-4.00-009), Colorado 80810 3. There have been violations of the Weld County Code Chapter 23, due to the continued presence of Accessory Uses without a Principal Use including the presence of a NONCOMMERCIAL JUNKYARD, multiple COMMERCIAL VEHICLES and Accessory Structures as well as at least one occupied camperltraiter-RV as stated in the Complaint. 4. Defendants) acknowledges that it is passible to correct the violation$ on the property, and Defendant(#) has the present ability to comply with the terms of thin stipulation. 6. Defendant(s) agrees to complete the following actions by the following dates: if a Principal Dwelling Unit Is not planned to be constructed, Defendants agree to complete the following: Defendants agree to vacate the occupied campeNtraBer-RV's and to disconnect the camper/trailor-RV's from a8 ut0itiae and/or remove the camperltrailor-RV's from the property by April 01, 2023. • Defendants agree to remove all Accessory Uses Including but not limited to a NONCOMMERCIAL JUNKYARD including but not limited to DERELICT VEHICLES, scrap metal, construction materials and other miscellaneous debris, all COMMERCIAL VEHICLES and ACCESSORY STRUCTURES by April 01, 2023. If a Principal Dwelling Unit Is planned to be constructed, Defendants agree to complete the following: • Defendant agrees to submit a building permit fora Principal Dwelling Unit to the Weld County Building Department by April 01, 2023 and the building permit must be paid for and issued by May 15, 2023. • Defendant agrees to also submit a Zoning Permit fora Temp During Construction (ZPMH) to allow occupancy of one camper/trailer-RV on April 01, 2023. Any other occupied camper/trailer-RV's must be vacated and/or removed from the property. • Defendant agrees to screen the NONCOMMERCIAL JUNKYARD of personal items only using approved screening materials or remove all visible storage from the property by May 15, 2023. • Defendant agrees to reduce to no more than one COMMERCIAL VEHICLE by May 15, 2023. • Flnelly, Defendant agrees that If required, buikting permits for the ACCESSORY STRUCTURES b# submitted to the Wedd County Bullring Department by April 01, 2023 and paid for and issued by May 15, 2023. • Defendant(s) agree to contact the Zoning Compliance Officer assigned to this case to arrange an on site inspection of the property. 17th Pena sh mud be Paid wants rMra(3o1 days. n nre amovM w na pa d wr1hM mmy/3o1 days, rnd amovm wur b. ce/tlaelr fa Me Weld County Treasurer. who ahea (seats me asaesameM, iPT•EElar wnh a Ern PsroeM (10961 P•n•aY hn me cad orcolads n, N Me same mennerea olhe property taxes en caw. The pane ly may ba par by cash, chaos, m trade card b Wehl County. 5. Defendant()) also agrees: To appear in this Court at any future court dates associated with this case, unless the case has been dismissed by Weld County. That this Stipulation is just and equitable and not a result of duress. That failure tof comply with the above deadline# may 'au" in the County Attorney reque8ting a hearing for the imposition of Dairy Penaties. 7. Plaintiff Weld County agrees: To file a motion to dismiss this case, if Defendant(#) complies with the (arms 0f this atlpo)#) on. Plaintiff further agrees to refrain from submitting previously certified parities to the Weld County Treasurer until the Board of County Commissioners has reconsidered the matter on March 1, 2023, at the earliest. If the Board grants Defendant additional time, the Plaintiff shall not certify such penalties while Defendant is in compliance with this stipulation. 8. Daily Penalty. The Courthas previously issued a dally penalty order in the amount of $5o per day. The Parties agree that such penalty shag be suspended as of Noverr 9#,14, 2022, and shall not accrue additional penalties until further order of the court. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO, By: 'Nut (r ed u rs► . MATTHEW CONROY # 57065 Assistant Weld County Attorney Flank Martinez, Defendant ne Martinez, Defen Date: The foregoing Motion and Stipulation is ACCEPTED and ORDERED. CD The Daily Penalty ordered by the Court on March 14, 2022 Is terminated as of November 14, 2022. As agreed by the parties, Plaintiff can move for a new daily penalty hearing if the terms of this Stipulation are not met. SO ORDERED. j 1c rnt1a r?.1!)coce Magistrate January 12, 2023 Date mow. 1A • "art ., _ ' 4 • tea C-1.---Aembefibr r • `S z e a -Cora a • ♦ -_- ry to 4 y� _. ace cstatailme t —Mt a : St .r • _ dime 0 0 This map is a user generated static output from an Internet mapping site and is for reference only Data layers that appear on this map may or may not be accurate, current or otherwise reliable. THIS MAP IS NOT TO 8E USED FOR NAVIGATION This map is a user generated static output from an Internet mapping site and is for reference only Data layers that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION Hello