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Home My WebLink About20230436.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JERRY DILL AND LYNNE KELLY 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, Jerry Dill and Lynne Kelly, 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, ZCV20-00124, and upon Weld County's motion, the County Court ordered the Defendants to pay $10.00 for each day that the property remained in violation of the Weld County Code, beginning on August 20, 2021, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: • November 15, 2021: $920.00 for the period of August 20, 2021, through November 15, 2021; June 22, 2022: $1,880.00 for the period of November 16, 2021, through May 22, 2022 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 $1,400.00 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, the Board found that the Certification for $2,340.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from May 23, 2022, through January 11, 2023 (a period of 234 days), be approved. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $2,340.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from May 23, 2022, through January 11, 2023 (a period of 234 days), be, and hereby is, approved. 4883425 Pages: 1 of 2 02/24/2023 02:26 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII �1R t � I�h �1i4+� N�Ll�1h t �4aL�P� �Krr�Y4uJ� 11 II I o� izT(/23 PL0824 Cc:PL(TP/MN/W=/8P), CA (B8f CH), TRCRF), APPL. 2023-0436 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT — JERRY DILL AND LYNNE KELLY PAGE 2 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: dstif.A.) W je;4. Weld County Clerk to the Board BY: AP unty torney Date of signature: • Z / 1? 4883425 Pages: 2 of 2 02/24/2023 02:26 PM R Fee:$0.00 iilikKailialliMIUiielirckliiiiitiaid eld CountyCO��Rlii tIkiy�'Y4d II III -lin:S., 1-,,_—__ Mike eernan, Chair Perr L. Bu tt K. James Pro-Tem EXCUSED evin D. Ross ;: . alomx. Lori Saine 2023-0436 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 26`h 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 2023-0436 11/Het2A3 PLO' -1 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; ZCV19-00292 • $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 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 • 2nd 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; Z/19-00290 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 Andres Benjamin Hernandez Jr. • 17930 CR 12, Fort Lupton • 11523 Christian St., Fort Lupton • Case 21C31827; ZCV20-00097 • Case 22C30195; ZCV21-00290 • $50 daily penalties ordered to begin • $40 daily beginning 03/07/22 02/07/22 • Violations: visible noncommercial • Violations: occupied camper/trailer-rvs; junkyard within the floodplain unscreened derelict vehicles and • Certified 6/22/22 through 05/22/22 camper/trailer-rv's [2022-1804] • Property is still in violation • Property is still in violation • Certified 06/22/22 through 05/22/22 • 140 days x $40/day = $5,600 [2022-1803] • 140 days x $50/day = $7,000 Vince Holton John Krenzelok • 22795 Hwy 392 • 39538 Boulevard B, Eaton • Case 21C37085; ZCV2O-OOO78 • Case 21C34313; ZCV21-OOO77 • $10 daily penalty beginning 03/07/22 • $50 daily penalty beginning 03/21/22 • Violation: storage of a mobile home • Violations: unpermitted manufactured without a permit structure, occupied camper/trailer-rv, • Certified on 06/22/22 through 05/22/22 noncommercial junkyard without a [2022-1805] primary use, accessory structures • Property is still in violation without a primary use • 140 days x $10/day = $1,400 • Certified on 06/22/22 through 05/22/22 [2022-1806] • 140 days x $50/day = $7,000 Jerry Dill and Lynne Kelly Christina Elam and Donald Harris • 3108 O Street, Greeley • 20453 CR 54, Greeley • Case 21C32551; ZCV20-00124 • Case 17C30784; ZCV16-00129 • $10 daily penalties beginning 08/20/21 • $20 daily penalty beginning 08/07/17 • Violations: unpermitted mobile home, unpermitted commercial storage • Violations: noncommercial junkyard, persons living in camper/ry business, unpermitted commercial • Certified on 06/22/22 through 05/22/22 vehicles, noncommercial junkyard and [2022-1810] derelict vehicles • 140 days x $20/day = $2,800 • Certified on 06/22/22 through 05/22/22 [2022-1809] • 140 days x $10/day = $1,400 Consuelo Hernandez Aryan Kiani and Matthew Irvin • 3223 CR 19, Fort Lupton • 331 Dunmire St, Frederick • Case 21C31839; ZCV2O-OO215 • 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 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 Jesus Salas and Tiffany Brown 15979 Nancy Ave, Ft. Lupton • Case 21C33090; ZCV21-OOOO1 • $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 Justin Walden • 4730 Kings Canyon Dr., Greeley • Case 21C31191; ZCV20-00174 • $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 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 Lucina Flores • 112 N Grace Ave, Milliken Case 20C31602; ZCV19-00279 $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 ZCV2O-OO 124 Jerry Dill & Lynne M Kelly 3108 O ST August 20, 2021 (daily penalty imposed) $10 / Daily @ 234 days = $2,340.00 May 23, 2022 —January 11, 2023 = 234 days History: 06/04/2020 08/21/2021 11/15/2021 06/22/2022 07/01/2022 08/01/2022 09/01/2022 10/01/2022 11/01/2022 11/02/2022 11/07/2022 11/14/2022 12/01/2022 01/01/2023 02/01/2023 ZCV20-00124 Violation Initiated. Daily Penalties ($10) imposed (21-C-32551). Board of County Commissioners certified penalties $920.00. Board of County Commissioners certified penalties $1,880.00. Daily Penalty reminder letter sent. Daily Penalty reminder letter sent. Daily Penalty reminder letter sent. Daily Penalty reminder letter sent. Daily Penalty reminder letter sent. Notice of Certification of Lien to Weld County Treasurer sent by Matthew Conroy. Inspection conducted from the road ROW. Still in violation. Certification of Daily Penalties hearing before Board of County Commissioners, continued to February 13, 2023. Daily Penalty reminder letter sent. Daily Penalty reminder letter sent. Daily Penalty reminder letter sent. PM" WELD COUNTY Dill Zoning Aerial Map p ONLINE MAPPING 1,622.3 0 811.15 1622.3 Not WGS_198 Web_MerratorJ4wdliery_Sphere C Weld County Colorado This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, curre4 orothensise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION r et rc Der!:c' s Legend Parcels Zoning ■ I • es I A (ApicuRua)) A-1 (Concentrated Mimi) C-1 (Mrlphborhood Carnnrrdd) C-2 (General Corrrnert$&) C -S (Business Commercial) C�4 (Hphwey Commercial) E (Estate) I-1 (Industrial) -2 (industrial) 1-3 (Induatrinl) PUD (131trined Unit Dwvdalxnent) R-1 (Low Denetty Reel de rtlel ) R-2 (Duplex Raakiontld) Rr8 (Medurt Density Mesedarrtta') RA (Fiji Dangly Reside tlal) tt-S (Mobile Home Reddentld) Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zane AE Floodplain - 100 Year Zone Al- Floodplaln - 100 Year Zone AC Preliminary Floodplain - 500 Yi Droliminary Clanektialn - 1t'141 V. Notes Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone AI- Floodplain - 100 Year Zone AC Preliminary Fbodplain -500 Yi Preliminary Floodplain -100 Yi Preliminary Floodplain -100 Yi Preliminary Floodplain -100 Yi Preliminary Floodplain -100 Yi Fault Lines Depth of Cover Above Abend° c-49 This map is a user generated slat c output from an Internet mapping site and is for reference arty Data lays +a* appear on this map may or may not be accurn, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Fbodwa Floodplaln - 100 Year Zone AE Floodplain - 100 Year Zone Al- Floodplain - 100 Year Zone AC Preliminary Floodplain - 500 Yi Preliminary Fbodplain -100 Yi Preliminary Floodplain -100 Yi Preliminary Floodplain -100 Yi Preliminary Floodplain -100 Yi Fault Lines Depth of Cover Above Abend° This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on tnis map may or may not be accurate, ct:rreni, or otnec ise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION WELD COUNTY ATTORNEYS OFFICE 1150 O STREET P O BOX 758 GREELEY, CO 80632-0758 WEBSITE vwuw weld cloy PHONE (970) 336-7235 FAX (970) 352-0242 NVoticeoftettification of Lien to Weld County Treasurer, January 31, 2023 Jerry Dill and Lynne Kelly 2141 Bluebell Avenue Greeley, CO 80631 Mr Dill and Ms. Kelly. 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 to be in violation of the Weld County Code and the Board of County Commissioners continued your certification hearing until February 13, 2023 On August 20, 2021, the Court granted the County's 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 $10 00 per day beginning on August 20, 2021, 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,hearine onfebruary 13.2023 at`9100 a,n1. the Weld County Board of County Commissioners will determine whether to certify the 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 80631 The hearing will address the penalties for the period from May 23, 2022, through January 11, 2023 This period totals 234 days and amounts to $2,340 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 $2.340.00, Such hen will have priority over all other security interests, except for taxes. In addition to the $2,340 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) 400-3555. Please feel free to contact me with any questions Respectfully, 'r"d 4r 1 Matthew Conroy Assistant Weld County Attorney Enclosure Hello