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Home My WebLink About20223130.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - BRUCE BROTEMARKLE 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, Bruce Brotemarkle, 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, ZCV19-00290, and upon Weld County's motion, the County Court ordered the Defendant to pay $50.00 for each day that the property remained in violation of the Weld County Code, beginning on December 10, 2020, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: July 7, 2021: $6,650.00 for the period of December 10, 2020, through May 31, 2021; February 14, 2022: $12,900.00 for the period of June 1, 2021, through February 14, 2022; June 22, 2022: $4,850.00 for the period of February 15, 2022, through May 22, 2022 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 $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, and hereby is, approved. 4869254 Pages: 1 of 2 11/29/2022 10:54 AM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County , CO VIII PrairrighigiCida�i�h�'��1h�'I MkJYW�h �I III ec :PL(TP/ tw/,J 0/er),cA(e6/nc), TRLQF), APPL. 12/2.1/22 2022-3130 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - BRUCE BROTEMARKLE 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 WELD COUNTY, COLORADO ATTEST: W,ititeij G�'..aC,llD• Weld County Clerk to the Board Count ttorney Date of signature: i i /23 2.2- 4869234 Pages: 2 of 2 11/29/2022 10:54 AM R Fee:$0.00 cerly Koppel, clerk and Recorder, Weld County , c0 iled1�i i i 141,1 i. U III Sco K. James, Chair ^ Ja Mike ___= an, Pro-Te 2022-3130 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 2022-3130 P1-0 8'&,-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; ZCV21-00140 • 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 • 15t 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 4. Bruce Brotemarkle • 2717 49th Street, Evans • 1708 CR 32, Platteville • Case 21C33085; BCV20-00071; ZCV2O- • Case 20C32497; ZCV19-OO29O 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; ZCV20-00097 $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-OO192 • $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; ZCV21-00001 $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 Dave Sanger Sr • 565 Dunmire St, Frederick • Case 21C30145; ZCV2O-OOO93 • $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 ZCV19-00290 Bruce Brotemarkle 17080 CR 32 * December 10, 2020 (daily penalty imposed) * $50 / Daily @ 97 days = $7,000.00 * May 22, 2022 — October 9, 2022 kAforye 03/25/2016 ZCV16-00030 issued due to a visible Noncommercial Junkyard, multiple occupied camper/trailer-RV's & Commercial Vehicles 11/07/2016 Motion Stipulation & Order approved by Court (16-C-35125). 06/14/2018 ZCV16-00030 and 16-C-35125 Closed 10/09/2019 ZCV19-00290 Violation initiated 03/11/2020 ZCV19-00290 was forwarded to the County Attorney's Office for legal action 08/18/2020 Motion, Stipulation & Order imposed by DVSN C (20-C-32497). 12/10/2020 Daily Penalty ($50 daily) imposed by DVSN C (20-C-32497). 07/07/2021 Board of County Commissioners certified $6,650 00 to Treasurer's Office 02/14/2022 Board of County Commissioners certified $12,900.00 to Treasurer's Office 06/22/2022 Board of County Commissioners certified $4,850.00 to Treasurer's Office 07/01/2022 Daily Penalty reminder letter sent. 08/01/2022 Daily Penalty reminder letter sent 09/01/2022 Daily Penalty reminder letter sent. 10/01/2022 Daily Penalty reminder letter sent 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 WELD COUNTY ITIT„ girtONLINE &SAPPING p a CV V t 3 M atil) ' ..- ti U) r . .,. • Parcels iHighway Road WCR 34 - 4Highway 0C• .■ Boundary r • fir N W€3 w, ,• M. i'swe w • 2 le Ei‘ei ‘ ('): 9 . \... •If - , e , • el 8,936.9 0 4,468.46 8,936.9 Feet This map is a user genet Awl 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, • • . . .here , otherwise reliable 0 Weld County Colorado • • IS NOT TO BE -. FOR NAVIGATION `'C'1•3.C"i i y�i 1,J V., a.�' 2�l"'�,rh •.l�! ; 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 cx may not be accurate, current or otherwise 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: 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 Bruce Brotemarkle 17080 CR 3 Platteville, CO 80651 Mr. Brotemarkle: 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 December 17, 2020, the Court granted the County's Motion for Daily Penalties, finding that your property was still in violation of the Weld County Code, and ordered you to pay a daily penalty of $50.00 per day beginning on December 10, 2020, 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 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 May 22, 2022, through October 9, 2022. This period totals 140 days and amounts to $7,000.00. 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 $7,000.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $7,000.00, 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, Matthew Conroy Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DAT : FILED: December 17, 2020 6:33 PM Greeley, Colorado 80632 CASE NUMBER: 2020C32497 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. ♦ FOR COURT USE ONLY Bruce Brotemarkle Case Number: 20-C-32497 Division: C Defendant. PROPOSED ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on December 10, 2020 for a Hearing. Plaintiff was represented by Assistant Weld County Attorney Gabriel Kalousek, and Defendant, Bruce Brotemarkle, was pro se. Testimony was heard from Bethany Pascoe, Weld County Zoning Compliance Officer, and Bruce Brotemarkle. Based upon the foregoing, this Court makes the following findings of fact: 1. This Court has jurisdiction over the subject matter and the parties herein. Defendant was properly served on July 1, 2020. The Court took judicial notice of the stipulation. 2. At the hearing the Court took judicial notice of the Weld County Code. 3. The action is based on the Plaintiffs claims of zoning violations and Chapter 23 of the Weld County Code, as permitted by § 30-28-124.5, C.R.S. and Weld County Code Section 23-10-40. Plaintiff alleged violation of Weld County Code Sections 23-3-20 and 23-3-30. In the Stipulation the parties agree that there are violations of the Weld County Code due to the continued utilization of camper/trailer RVs for occupancy purposes and the presence of a visible noncommercial junkyard. In the Stipulation, the Defendants agree, among other things, to "completely remove or screen the visible noncommercial junkyard with approved screening material and to ensure that the campers, trailers and RVs are not utilized on the property for residential purposes on or before October 27, 2020." 4. Testimony at the hearing established the following: Defendant owns the property located at street address 17080 CR 32, Platteville, Weld County, Colorado 80651. Exhibits 1— 7 show that there remain, after October 27, 2020, a visible noncommercial junkyard and campers/trailers/RVs that are occupied. Exhibit 1 shows a light illuminated on a camper trailer. Exhibit 2 shows a camper that is extended. Exhibits 3-7 show various noncommercial junkyards. Ms. Pascoe testified that she visited the property on December 2, 2020 and December 9, 2020 and it was still in violation of the stipulation. Defendant testified that the noncommercial Magistr'ste Randall Lococo Randall Lococo Magistrate junkyard consisting of lumbar is for home heating purposes. The Defendant also testified that the campers are not occupied, and that people use them as storage, The Defendant alleged that the light on the camper is solar powered, and it only comes on at night, The Court does not find the Defendant's representations credible. The lumbar depicted in the pictures is of sufficient quantity to heat several homes for over a year. The size and way the lumbar is stacked also suggests it is not for borne heating purposes. Exhibit 1 shows the camper light on during the day, which is in contract to the Defendant's testimony. The Defendant agreed to remedy the violations on the property as set forth in the stipulation, but has failed to do so. 5. There is a material breach by the Defendants of the obligations and conditions of the Stipulation and Order. 6. The parties agreed to daily penalties of $50,00 per day. ORDER 7. Plaintiff proved by a preponderance of evidence a material breach of the Stipulation and Order. 8. A $50.00 per day penalty is ordered due to the continued violation. The penalty will begin on December 10, 2020 and will continued until further order of this Court. DON • - D of Decemb ; 2020 December 17, 2020 Date Hello