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Home My WebLink About20223124.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING 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 allows 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 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $525.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from September 19, 2022, through October 9, 2022 (a period of 21 days), be, and hereby is, continued to December 7, 2022, at 9:00 a.m. CC: pl.(TP/MN/,I/$P), CA (BBI KM), TR(RF), APPL. 11/22/22. 2022-3124 PL0824 CONTINUE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOSE MENDOZA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of November, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO ATTEST: diced,A,jd,„•;4„ Weld County Clerk to the Board ounty Att•rney Date of signature: I I /I b /7..2_ ScoK. James, Chair Mips-RKeeman, Pro -Tern 2022-3124 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 2022-3124 11/O9 pro gatI 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; ZCV21-00140 • 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; ZCV20- • 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; ZCV21-00077 • $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; 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; 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 • $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 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; 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 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 ZCV2 1-00349 Jose Mendoza 1401 N 26th Ave * September 19, 2022 (daily penalty imposed) * $25 / Daily @ 21 days = $525.00 * September 19, 2022 — October 9, 2022 History: 11/16/2021 ZCV21-00349 Initiated 11/24/2021 Violation Notification letter sent. 12/17/2021 Notice of Intent to Proceed letter sent. 02/01/2022 Pending Court case courtesy letter sent 03/10/2022 Pending Court case courtesy letter sent. 04/19/2022 Pending Court case courtesy -letter sent 04/26/2022 Court Courtesy Packet sent. 06/08/2022 Motion, Stipulation & Order entered by DVSN C (22-C-31938) 06/10/2022 Courtesy Flood Letter sent by Diana Aungst. 09/19/2022 Daily Penalties ($25 per day) imposed by DVSN C. 10/26/2022 Notice of Certification of Lien to Weld County Treasurer letter sent by Matthew Conroy 11/01/2022 Daily Penalty reminder letter sent 11/09/2022 Certification of Daily Penalties hearing before Board of County Commissioners. 500 Year 100 Year Zone A 100 Year Floodwa 100 Year Zone AE 100 Year Zone Al 100 Year Zone AC Fl000pcaln - 500 Y Flooaptatn - 100 Y Floodphln - 100 Y Floodptaln - 100 Y Rooap�aln - 100 Y • ice • tar % • 44 1 V r i • 1* 2022/11/01 �Nr1y'., �•.. ti , • • - l 1 May&. YV �I►b!��{ I.F , . • ? M et.Lenahttivorof47:: A. et Lsi 1 114411Mt•.""„ 1St k�� -'4 ti } _ a tp' .flt L .kw 4 ,� ✓,�1 / i I 1 .1,41- :ad: iligg �tP :41.14:41:t1:711:-si , r; :I At, s 1 ' 4, rc 6 , r 4,40,..: . r,4 4 :1.._,,..\ob..! _ { ` ,l fe •'1 r.‘,:st..kitejf+ 1'1 111lIVO9::.,,,,,,.r+4 1. R*41' = r -T l- , J yatilt gym-,• •_,,-�sj)*'Stt . : ,,, .R.,•.ii .ge: 4e 1, r'''jl•?, r:.,.4.r,4♦, t 11�cr ft/islitwa4:� •1 :- l'�-rte 44.'<a�1.4t '_ rte f1:11:411:4 4.1". 71 PO %1:14,:es txt, • ;* :IL% .44H:41,:t;t6.:141 t. <Lilt::: Ts tirb t. 1: " let ILL • " WELD COUNTY 1401 N 26th Ave OlwLike %AA. Parts Fboc>plafn - Floo4ilatn - Flaoaplatn - Flooc>plan - Floodplan - Flooclan - Prelminary Preliminary Preirninary Prelminary Preirninary 500 Year 100 Year Zone A 100 Year Flooctwa 100 Year Zone AE 100 Year Zone At 100 Year Zone AC Ftooapialn - 500 Ys Floodptatn - 100 116 F?oodplaln - 100 VI F1oodptatn - 10016 Flooxptatn - 100 V WELD COUNTY ATTORNEY'S OFFICE 1150 O STREET P.O. BOX 758 GREELEY, CO 80632-0758 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 Notice of Certification of Lien to Weld County Treasurer October 26, 2022 Jose Mendoza 325 23. Avenue Ct Greeley, CO 80631 Mr. Mendoza: This letter is to notify you of Weld County's intent to certify certain liens on your property to the Weld County Treasurer on November 9, 2022. 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 Penalties for Zoning Violations, 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 November 9.2022. 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 "O" Street, Greeley, CO 80631. The hearing will address the penalties for the period from September 19, 2022, through October 9, 2022. This period totals 21 days and amounts to $525.00. 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 25.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $525.00, 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 Tonya Johnson at (970) 400-3529. Please feel free to contact me with any questions. Respectfully, Matthew Conroy Assistant Weld County Attorney COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: October 5, 2022 3:37 PM Greeley, Colorado 80632 CASE NUMBER: 2022031938 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY A JOSE MENDOZA, Case Number: 22-C-31938 Division: C Defendant. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on September 19, 2022, for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on June 8, 2022. Plaintiff was represented by Assistant Weld County Attorney Matthew Conroy, and Defendant, Jose Mendoza, did not appear. Testimony was heard from Bethany Pascoe, Weld County Code Compliance Officer. Based upon the foregoing, this Court makes the following findings of fact and conclusions of law: 1. This Court has jurisdiction over the subject matter and the parties herein. This is an action to enforce zoning violations within the unincorporated area of Weld County pursuant to C.R.S. §30-28-124.5 and Weld County Code §23-10-40. Defendant was properly served on April 21, 2022. Defendant consented to the Court's jurisdiction and entered into a stipulation on June 3, 2022, which was approved and ordered by the Court on June 8, 2022 (the "Stipulation"). In the Stipulation, Defendant agreed to obtain a Floodplain Hazard Development Permit and screen the junkyard by July 15, 2022, or in the alternative remove the junkyard by July 15, 2022. 2. Defendant owns and/or occupies the property located at 1401 N 26`h Ave, Greeley, Colorado, 80631, in unincorporated Weld County (the "Property"). The Property is zoned (A) Agricultural. 3. Per the Stipulation, Defendant agreed that the Property was in violation of the Weld County Code Chapter 23 due to the presence of an unscreened noncommercial junkyard. Weld County Code Compliance Officer Bethany Pascoe inspected the property on September 13, 2022. As detailed by the testimony of Ms. Pascoe, and as depicted in the photographs admitted into evidence as Exhibits A and B, the Property still contains a noncommercial junkyard with derelict vehicles, scrap metal, plastic, and other debris. Ms. Pascoe also testified that at this time Mr. Mendoza has not obtained a Floodplain Hazard Development Permit which would be required to screen the junkyard. 4. With the presence of the unscreened derelict vehicles, scrap metal, plastic and other debris, the Court finds that removal or screening of the noncommercial junkyard by July 15, 2022, did not occur. These are both violations of Weld County Code Chapter 23 and material breaches of the Stipulation. 5. Defendant agreed to remedy all the violations on the Property as set forth in the Stipulation but has failed to do so. The Court finds that Plaintiff has proven by a preponderance of the evidence that the Property is in violation of the Weld County Code and that Defendant has materially breached the Stipulation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 6. A $25.00 per day penalty is ordered due to the continuing violation, as stipulated by the parties. The penalty will begin on September 19, 2022, and it will continue until further order of this Court. SO ORDERED. October 5, 2022 Randall C. Loc`oco Date Weld County Court Magistrate Hello