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Home My WebLink About20221809.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 November 15, 2021, the Weld County Board of Commissioners certified daily penalties for $920.00 for the period of August 20, 2021, through November 15, 2021, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $1,880.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from November 16, 2021, through May 22, 2022 (a period of 188 days), be, and hereby is, approved. 4842539 Pages: 1 of 2 Cc:PL(TP/MN/W /BP), CR(Q8/KM), 07/18/2022 11:13 AM R Fee:$0.00 TR(RF)' APPL. Carly Koppas, Clark and Recorder, Wald County CO I 2022-1809 VIII I�.rll�� I� �+4k'4��IL MrYti{, W�L �4�«rr'uFh'�ii �I II �/5 X22 PL0824 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 22nd day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditto%) C .p:� Weld County Clerk to the Board County ttorney Date of signature: 7/7/22- 4842539 Pages: 2 of 2 07/18/2022 11:13 AM R Fee:$0.00 cc., Clerk and VIII �1k« ILh�I Recorder, 4mhta mho, �'rJ�Y h II II S of K. James, Chair 2022-1809 PL0824 TO: FROM: DATE: Board of County Commissioners Caitlin Perry, Assistant County Attorney June 22, 2022 SUBJECT: Special Assessment Certifications As you know, we periodically request your certification of certain civil penalties as special assessments to be collected along with property taxes. All of these requests are based upon orders issued from the Weld County Court after a trial, or a stipulation / agreement between the parties, or the refusal of the property owner to participate in the court process. In each case, the Court has found that the property is in violation of either Chapter 23 (Zoning Code) or Chapter 29 (Building Code), or both. The Court issues an order imposing a continuing daily penalty that accrues until the property is brought into compliance with the code. In most cases the property owner agrees that the property is in violation, and we file a stipulation with the court which outlines what needs to happen to bring the property into compliance, and sets deadlines. This becomes an order of the court. Even when they miss those deadlines, we always work with property owners who are making good faith efforts to comply. We only seek a daily penalty order when the property owner fails or refuses to bring the property into compliance. When they do bring it into compliance, we file a motion to end the daily penalties and dismiss the case. So today you see we have lots of cases to certify. These special assessments will be placed on the tax roll next year. The first four on the list are new cases for which you have never certified daily penalties as special assessments. 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 02/07/22 • $40 daily penalties ordered to begin 03/07/22 • Violations: occupied camper/trailer-rv; multiple • Violations: visible noncommercial junkyard within the derelict vehicles and camper/trailer-rv's that are floodplain unscreened and/or not owned by Ms, Beasley • Property is still in violation • Property is still in violation • $40/day x 77 days + $50 initial penalty = $3,130 • $50/day x 105 days + $50 initial penalty = $5,300 Vince Holton John Krenzelok • 22795 Hwy 392 • 39538 Boulevard B, Eaton • Case 21C37085; ZCV20-00078 • Case 21C34313; ZCV21-00077 • $10 daily penalties ordered to begin 03/07/22 • $50 daily penalties ordered to begin 03/21/22 • Violations: storage of a mobile home without a permit • Violations: unpermitted manufactured structure, • Property is still in violation occupied camper/trailer-rv, nonconforming • $10/day x 77 days + $25 initial penalty = $795 noncommercial junkyard w/o a principal use, accessory structures without a principal use • Property is still in violation $50/day x 63 days + $50 initial penalty = $3,200 The next seven are continuing cases for which you have previously certified daily penalties as special assessments. Our zoning and building enforcement officers routinely attempt to make contact with these property owners to remind them that they are continuing to accrue daily penalties. Bruce Brotemarkle • 1708 CR 32, Platteville • Case 20C32497; ZCV 19-00290 • $50 daily penalties ordered to commence 12/10/20 Charles Bennett and Manuel Gallegos • 1100 Fern Ave., Greeley • Case 17C36110; ZCV 17-00017 • $25 daily penalties ordered to begin 07/09/19 Page 1 of 2 2022-1809 00/12, PL 08Z4 • Violations: noncommercial junkyard, persons living in Camper/RV • Last certification for this property was 2/14/22 • Property is still in violation $50/day x 97 days = $4,850 Rolando and Eloisa Castillo • 8588 CR 21, Fort Lupton • Case 21C31829; BCV20-00048/ZCV20-00023 • $25 daily penalties ordered to begin 10/12/21 • Violations: noncommercial junkyard, too many animals on site, and electrical work completed without an electrical permit • Last certification for this property was 11/15/21 • Property is still in violation • $25/day x 188 days = $4,700 • Violations: unpermitted commercial business (truck parking, salvage / storage yard, tire sales), persons living in camper/RV • Last certification for this property was 11/15/21 • Property is still in violation • $25/da x 188 da s = $4,700 Jerry Dill and Lynne Kelly • 3108 O St., Greeley • Case 21C32551; ZCV20-00124 • $10 daily penalties ordered to begin 08/20/21 • Violations: unpermitted mobile home, unpermitted commercial storage business, unpermitted commercial vehicles, noncommercial junkyard, derelict vehicles • Last certification for this property was 11/15/21 • Property is still in violation • $10/day x 188 days = $1,880 • Christina Elam and Donald Harris • 20453 CR 54, Greeley • Case 17C30784; ZCV16-00129 • $20 daily penalty ordered to begin 08/07/17 • Violations: noncommercial junkyard, persons living in Camper/RV • Last certification for this property was 11/15/21. • Property is still in violation • $20/day x 188 days = $3,760 Consuelo Hernandez • 3223 CR 19, Ft. Lupton • Case 21C31839; ZCV20-00215 • $20 daily penalties ordered to begin 07/12/21 • Violations: noncommercial junkyard, installation of multiple cargo containers without building permits • Last certification for this property was 11/15/21 • Property is still in violation • $20/day x 188 days = $3,760 Aryan Kiani and Matthew Irvin • 331 Dunmire Street, Frederick • Case 20C30918; ZCV19-00192 • $25 daily penalties ordered to begin 10/22/20 • Violations: noncommercial junkyard, derelict vehicles • Last certification for this property 11/15/21 • Property is still in violation • $25/day x 188 days = $4,700 Page 2 of 2 ZCV2O-OO124 Jerry Dill 3108 O ST * August 20, 2021 (daily penalty imposed) * $10 / Daily @ 188 days = $1880.00 * November 16, 2021— May 22, 2022 to WELD COUNTY Lo Pzf JosP ZC1/17-0O-119 - Site Sart ONLINE: MAPPING 279.3 Wry_1984_Web_Mercator_Auxilrary_Sphere © Weld County Colorado 0 139 t:•1 279.3 Feet 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 ran Collin; S f Legend Parcels Highway o County Boundary ' = _f '--- ' It 9 �� '�• / (• 4y 1 - •f // . .. 1 •. 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TNT WELD COUNTY Jose Z0/1/-00119 �f _ ONLINE MAPPING; Lopez, Aerial l 8,936.9 0 4,468.46 2,936.9 Feet HORSE TRAINING USR14-0035 USR18-0019 1 MUSR 18-12-0074 10INCH.NAT GAS 1 PUMPSTATION WGS_1984_Web_Mercator_Auxiliary_Sphere O Weld County Colorado a, BOARDING USR 12-0006 NON -1041 MAJOR FACILITY USR-896 100.000 TURKEYS USR COMPRESSOR STATION NATURAL GAS 100 Year A U�I\ 16-0088 GASWANT This map is a user generated static output IT orn an Internet mapping site and is for reference only Data layers that appear on this map may or many not be accurate; current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION ro,t C -it en; O Denver Legend Parcels USR - Uses by Special Reviev% Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone AI- M Floodplain - 100 Year Zone AC Highway Road Road Highway County Boundary Notes 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 June 3, 2022 Jerry Dill 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. 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 plus an initial penalty of $50 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 hearing on June 22.2022 at 9:00 a.m. the Weld County Board of County Commissioners will determine whether to certify the continuing 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 November 16, 2021 through May 22, 2022. This period totals 188 days and amounts to $1,880.00. 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 51.88Q.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $1,880.00, 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, aitlin Perry Assistant Weld County ttorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 901 9`s Avenue, P.O. Box 2038, Greeley, CO 80632 Phone Number: (970) 475-2400 DATE FILED: August 20, 2021 3:25 P CASE NUMBER: 2021C32551 A FOR COURT USE ONLY A BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. JERRY G. DILL and LYNNE M. KELLY, Defendant. Case Number: 21-C-32551 Division: C ORDER FOR DEFAULT JUDGMENT THIS MATTER comes before the Court on Plaintiff's Motion for Default Judgment. The Court has reviewed the Motion with all Affidavits attached, as well as the file in this case; and being otherwise fully advised in the premises, hereby finds: 1. The Plaintiff commenced this suit by filing its Complaint with the Court on May 12, 2021. 2. The Plaintiff brought this action against the Defendant pursuant 30-28- 124.5(2), C.R.S. and the Weld County Code due to the presence of a visible noncommercial junkyard, storage of a mobile home, commercial storage and the presence of commercial vehicles that appear to be derelict. 3. Service was not made but Defendant Jerry Dill acquiesced to the Court's jurisdiction by appearing pro se by WebEx on July 12, 2021 and August 9, 2021. 4. The Defendant has not filed an answer as outlined in C.R.C.P. 312, or any answer as of the date of this Order. 5. The Defendant is in default, and the Plaintiff is entitled to the relief requested in the Motion for Default Judgement. 6. Venue has been considered and is proper in this Court as the subject property is within the County of Weld, State of Colorado. 7. The Motion for Default Judgment is HEREBY GRANTED IT IS ORDERED that the Defendant pay an initial penalty of $50.00 and a daily penalty of $10.00 which shall begin on the date of this Order. DATED: August 20, 2021 BY THE COURT: County Court Magistrate, 19th Judicial District Hello