HomeMy WebLinkAbout20220645.tiffRESOLUTION
RE: APPROVE DISMISSAL OF CERTIFICATION TO WELD COUNTY TREASURER OF
ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JESUS VEGA, SR.
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 Weld County Department of Planning Services,
filed a complaint in the Weld County Court against Defendant Jesus Vega, Sr., claiming that the
Defendants' property is 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, ZCV18-00172, and upon Weld
County's motion, the County Court ordered Defendant to pay $50.00 per day that the property
remained in violation of the Weld County Code, beginning on February 1, 2021, and
WHEREAS, on June 23, 2021, the Weld County Board of Commissioners certified daily
penalties of $6,000.00 for the period of February 1, 2021, through May 31, 2021, and
WHEREAS, C.R.S. §30-28-124.5(1) and Weld County Code Section 23-10-40.A 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 15th day of November, 2021, the Board of County
Commissioners of Weld County, Colorado, found that the Certification of $8,350.00 to the Weld
County Treasurer to be collected as a special assessment for the daily violation penalties from
June 1, 2021, through November 15, 2021 (a period of 167 days), be continued to February 14,
2022, at 9:00 a.m., to allow the property owner further time to bring the site into compliance, and
WHEREAS, on the 14th day of February, 2022, the Board found that the Certification of
$12,900.00 to the Weld County Treasurer to be collected as a special assessment for the daily
violation penalties from June 1, 2021, through February 14, 2022 (a period of 265 days), be
continued to February 23, 2022, at 9:00 a.m., to allow the property owner further time to bring the
site into compliance, and
CC:PL(TP(wx/6p/HP) Cp►(13B/kKa, 2022-0645
TR(RF), APPL. PL0824
3 Iz I /22
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT - JESUS VEGA, SR.
PAGE 2
WHEREAS, staff is recommending the Certification of $12,900.00 to the Weld County
Treasurer as a special assessment for the daily violation penalties from June 1, 2021, through
February 17, 2022 (a period of 261 days), be dismissed and the civil penalties be declared no
longer due or owing, as the property is now in compliance and the court ended the daily penalties.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Certification to the Weld County Treasurer, be, and hereby is,
dismissed and the civil penalties, 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 23rd day of February, A.D., 2022.
ATTEST: �. ►,J W .kook.
Weld County Clerk to the Board
Date of signature:
BOARD OF COUNTY COMMISSIONERS
WELD OUNT , COLORADO
Sc t K. James, Chair
2022-0645
PL0824
TO: Board of County Commissioners
FROM: Caitlin Perry, Assistant County Attorney
DATE: February 23, 2022
SUBJECT: Special Assessment Certifications (Previously heard and
continued from February 14, 2022)
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 hearing,
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.
• Jesus Vega
• 1705 & 1707 Cedar Ave., Greeley
• Case 19C30835; ZCV18-00172
• $50 daily penalties ordered to begin 02/01/21
• Violations: unpermitted commercial trucking and
storage business, derelict vehicles
• Last certification for this property in June 2021
• Property is in substantial compliance as of 2/17/22
inspection. Motion to suspend daily penalties is
pending in County Court. NO ACTION NECESSARY
$50/day x 258 days = $12,900.00
2022-0645
Page 1 of 1
TO: Board of County Commissioners
FROM: Caitlin Perry, Assistant County Attorney
DATE: February 14, 2022
SUBJECT: Special Assessment Certifications (Previously heard and
continued from November 15, 2021)
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 hearing,
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 post 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.
The first two on the list are new cases for which you have never certified daily penalties as special assessments.
• Daniela Flores and Paula Grado
• 9659 CR 44, Milliken
• Case 20C33562; ZCV20`00109
• $50 daily penalties ordered to begin 07/12/21
• Violations: unpermitted commercial vehicles and
equipment, unpermitted cargo containers, unauthorized
storage of construction materials
• Property is still in violation
$50/day x 217 days = $10,850.00
• Lucina Flores
• 112 Grace Ave., Milliken
• Case 20C31602; ZCV 19-00279
• $25 daily penalty ordered to begin 08/04/21
• Violations: too many animals on site, too much lot
coverage for structures
• Property is still in violation
• $25/day x 194 days = $4,850.00
The next two 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.
• Jesus Vega
• 1705 Cedar Ave., Greeley
• Case 19C30835; ZCV18-00172
• $50 daily penalties ordered to begin 02/01/21
• Violations: unpermitted commercial trucking
storage business, derelict vehicles
• Last certification for this property in June 2021
• Property is still in violation
$50/day x 258 days = $12,900.00
• Bruce Brotemarkle
• 1708 CR 32, Platteville
• Case 20C32497; ZCV19-00290
• $50 daily penalties ordered to commence 12/10/20
and • Violations: noncommercial junkyard, persons living in
Camper/RV
• Last certification for this property in July 2021
• Property is still in violation
$50/day x 258 days = $12,900.00
2022-0539
Page 1 of 1
oz -/14 PLO 8Z4
February 01, 2022
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 N 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.weldgov.com
E-MAIL: hdutrow@weldgov.com
PHONE: 970-400-3536
FAX: 970-304-6498
VEGA JESUS
1025 E 18 ST
GREELEY CO 80631
Zoning Violation Case: ZCV18-00172
Legal Description: 12248-G PT L3 NE4SE4 9 5 65 and
PT L3 NE4SE4 9-5-65 LOT A REC EXEMPT RE -536
Situs Address: 1705 CEDAR AVE & 1707 CEDAR AVE
To Whom it May Concern:
This letter is being sent as a courtesy to remind you that the Division C Magistrate ordered a daily
penalty of $50 on February 01, 2021, which is still accruing. In addition to any previously
assessed penalties, as of the date of this letter, the penalty accrued has reached an additional
$12,200 (06/01/2021 - 01/31/2022) = 244 days x $50 daily.
To bring the property into compliance, the following actions shall occur:
1) If commercial operations and storage remain on site, a Change of Zone application and a Site
Plan Review Application must be completed and recorded.
2) In the alternative, ALL commercial operations and all personal and commercial storage must
be removed from the site.
3) You shall contact my office as soon as you feel you have brought the property into compliance
with the items listed above. Until such time the daily penalty shall continue to accrue in
accordance with the court order (19-C-30835).
Compliance records are now visible to the public through the Citizen Access portal through our web page.
Please visit https://accela-aca.co.weld.co.us/citizenaccess/ and go to the Enforcement tab. You can
search by case number, address or parcel number. This program will show you copies of letters,
pictures, etc. Feel free to call if you have any questions.
Any information you have that may help to resolve this matter will be useful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me at the
above address, telephone number or e-mail address. If you wish to see me personally, please feel free to
contact me at the provided number to schedule an appointment.
Regards,
Hannah Dutrow
Zoning Compliance Officer
File: ZCV18-00172
CC: County Attorney's Office
Yaricxa Vega <yaricxxxavega@gmail.com>
January 01, 2022
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 N 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.weldgov.com
E-MAIL: hdutrow@weldgov.com
PHONE: 970-400-3536
FAX: 970-304-6498
VEGA JESUS
1025 E 18 ST
GREELEY CO 80631
Zoning Violation Case: ZCV1 8-00172
Legal Description: 12248-G PT L3 NE4SE4 9 5 65 and
PT L3 NE4SE4 9-5-65 LOT A REC EXEMPT RE -536
Situs Address: 1705 CEDAR AVE & 1707 CEDAR AVE
To Whom it May Concern:
This letter is being sent as a courtesy to remind you that the Division C Magistrate ordered a daily
penalty of $50 on February 01, 2021, which is still accruing. In addition to any previously assessed
penalties, as of the date of this letter, the penalty accrued has reached an additional $10,650
(06/01/2021 - 12/312021) = 213 days x $50 daily.
To bring the property into compliance, the following actions shall occur:
1) If commercial operations and storage remain on site, a Change of Zone application and a Site
Plan Review Application must be completed and recorded.
2) In the alternative, ALL commercial operations and all personal and commercial storage must
be removed from the site.
3) You shall contact my office as soon as you feel you have brought the property into compliance
with the iteras listed above. Until such time the daily penalty shall continue to accrue in
accordance with the court order (19-C-30835).
Compliance records are now visible to the public through the Citizen Access portal through our web page.
Please visit https://accela-aca.co.weld.co.us/citizenaccess/ and go to the Enforcement tab. You can
search by case number, address or parcel number. This program will show you copies of letters,
pictures, etc. Feel free to call if you have any questions.
Any information you have that may help to resolve this matter will be useful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me at the
above address, telephone number or e-mail address. If you wish to see me personally, please feel free to
contact me at the provided number to schedule an appointment.
Regards,
Hannah Dutrow
Zoning Compliance Officer
File: ZCV18-00172
CC: County Attorney's Office
Yaricxa Vega <yaricxxxavega@gmail.com>
December 01, 2021
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 N 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.weldgov.com
E-MAIL: hdutrow@weldgov.com
PHONE: 970-400-3536
FAX: 970-304-6498
VEGA JESUS
1025 E 18 ST
GREELEY CO 80631
Zoning Violation Case: ZCV1 8-00172
Legal Description: 12248-G PT L3 NE4SE4 9 5 65 and
PT L3 NE4SE4 9-5-65 LOT A REC EXEMPT RE -536
Situs Address: 1705 CEDAR AVE & 1707 CEDAR AVE
To Whom it May Concern:
This letter is being sent as a courtesy to remind you that the Division C Magistrate ordered a daily
penalty of $50 on February 01, 2021, which is still accruing. In addition to any previously assessed
penalties, as of the date of this letter, the penalty accrued has reached an additional $9150 (06/01/2021 -
10/31/2021) = 183 days x $50 daily.
To bring the property into compliance, the following actions shall occur
1) If commercial operations and storage remain on site, a Change of Zone application and a Site
Plan Review Application must be completed and recorded.
2) In the alternative, ALL commercial operations and all personal and commercial storage must
be removed from the site.
3) You shall contact my office as soon as you feel you have brought the property into compliance
with the items listed above. Until such time the daily penalty shall continue to accrue in
accordance with the court order (1 9-C-30835).
Compliance records are now visible to the public through the Citizen Access portal through our web page.
Please visit https://accela-aca.co.weld.co.us/citizenaccess/ and go to the Enforcement tab. You can
search by case number, address or parcel number. This program will show you copies of letters,
pictures, etc. Feel feee to call if you have any questions.
Any information you have that may help to resolve this matter will be useful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me at the
above address, telephone number or e-mail address. If you wish to see me personally, please feel free to
contact me at the provided number to schedule an appointment.
Regards,
Hannah Dutrow
Zoning Compliance Officer
File: ZCV18-00172
CC: County Attorney's Office
Yaricxa Vega <yaricxxxavega@gmail.com>
November 01, 2021
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 N 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.weldgov.com
E-MAIL: hdutrow@weldgov.com
PHONE: 970-400-3536
FAX: 970-304-6498
VEGA JESUS
1025 E 18 ST
GREELEY CO 80631
Zoning Violation Case: ZCV18-00172
Legal Description: 12248-G PT L3 NE4SE4 9 5 65 & PT L3 NE4SE4 9-5-65 LOT A REC
EXEMPT RE -536
Situs Address: 1705 CEDAR AVE & 1707 CEDAR AVE
To Whom it May Concern:
This letter is being sent as a courtesy to remind you that the Division C Magistrate ordered a daily penalty
of $50 on February 01, 2021, which is still accruing. In addition to any previously assessed penalties, as
of the date of this letter, the penalty accrued has reached an additional $7600 (06/01/2021 - 10/31/2021)
= 152 days x $50 daily.
To bring the property into compliance, the following actions shall occur
1) If commercial operations and storage remain on site, a Change of Zone application and a Site
Plan Review Application must be completed and recorded.
2) In the alternative, ALL commercial operations and all personal and commercial storage must
be removed from the site.
3) You shall contact my office as soon as you feel you have brought the property into compliance
with the items listed above. Until such time the daily penalty shall continue to accrue in
accordance with the court order (1 9-C-30835).
Compliance records are now visible to the public through the Citizen Access portal through our web page.
Please visit https://a:cela-aca.co.weld.co.us/citizenaccess/ and go to the Enforcement tab. You can
search by case numoer, address or parcel number. This program will show you copies of letters, pictures,
etc. Feel free to call if you have any questions.
Any information you have that may help to resolve this matter will be useful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me at the
above address, telephone number or e-mail address. If you wish to see me personally, please feel free to
contact me at the provided number to schedule an appointment.
Regards,
Hannah Dutrow
Zoning Compliance Officer
File: ZCV18-00172
CC: County Attorney's Office
PRE -APPLICATION REQUEST
DEPARTMENT OF PLANNING SERVICES
1555 N. 17TH Avenue, Greeley, CO 80631 1 970-400-6100 1 www.weldqov.com
PRE -APPLICATION REQUEST PROCESS:
■ Anyone with a development proposal can request a Pre -Application meeting with a Planner to receive guidance on
the process. Pre -Application meetings are free and are meant to assist property owners and applicants in
understanding what is required during the development review process.
■ The Pre -Application Request will be assigned to a Planner. If a Pre -Application meeting is determined to be
necessary, the Planner will schedule a meeting with the applicant to discuss the development proposal, relevant
applications and applicable code requirements. Pre -Application meetings are conducted at the Department of
Planning Services.
■ Submit the completed Pre -Application Request documents: 1) Contact Form, 2) Questionnaire, and 3) Map
(detailed below), in PDF format via email to the Principal Planner, Kim Ogle (ko_ le weldgov.com). Alternatively,
you may mail or drop-off at the Planning Services Department: 1555 N. 171h Ave, Greeley, CO 80631
CONTACT FORM:
Applicant Information
Name:
Company:
Phone:
Email:
Address:
Project
Description:
Preferred Pre -App
Meeting date and
time:
Property Information
Parcel Number:
096109400105 & 096109400107
Zone District:
I-1
Legal Description:
LOT A RE -536 & PT L3 NE4SE4 9 5 65
Acreage:
1.84 +/- & 0.93 +/-
Site Address:
1705 & 1707 CEDAR AVE
Water Source:
Property Owner:
JESUS VEGA
Sewer Source:
Office Use Only
Page 1
PRE -APPLICATION REQUEST
DEPARTMENT OF PLANNING SERVICES
1555 N. 17TH Avenue, Greeley, CO 80631 1 970-400-6100 1 www.weldqov.com
QUESTIONNAIRE:
Answer the following questions on a separate sheet. Please type. If a question does not pertain to your proposal,
please respond with an explanation.
1.
Describe
your proposal in
detail.
2.
Describe
the existing use
of the property.
3.
Describe
the existing and
proposed potable water source.
4. Describe the existing and proposed sewage disposal system.
5. Describe existing site layout i.e. buildings, signs, lights, fencing/screening, landscaping, parking.
6. Describe proposed improvements i.e. buildings, signs, lights, fencing/screening, landscaping, parking.
7. Detail the location of any on -site oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad, etc.
8. Detail the hours and days of operation? i.e. Monday thru Friday; 8:00 a.m. to 5:00 p.m.
9. Detail the number of full-time and part-time employees proposed to work on -site. If shift work is proposed, describe
the shift schedule and number of employees per shift.
10. Detail the total number of people who will access this site on a daily and weekly basis i.e. contractors, truck drivers,
customers, volunteers, employees, etc.
11. Describe the number and type of vehicles that will access and/or be stored on -site.
12. Detail known State or Federal permits required for your proposed use(s) and current status.
13. Detail the amount, storage and containment of fuel, wastes, explosives, chemicals on -site.
14. Detail potential on -site nuisances i.e. dust, waste, debris, visual, noise, odor, etc., and the proposed mitigation method.
MAP:
Submit a legible draft site plan map. Show and label the following items:
1.
Property
boundary
2.
North arrow
and scale
3.
Nearest
public roads
4.
Existing
and proposed
storage areas
5.
Existing
and proposed
structures, sizes, and uses
6.
Existing
and proposed
parking areas i.e. employee/customer parking and loading zones
7.
Existing
and proposed
fencing, landscaping and any other site improvement
8.
Existing
and proposed
access points, including types i.e. agricultural, residential, commercial, industrial, oil and gas
9.
Limiting
site factors i.e.
floodplain, irrigation ditches, oil & gas facilities, railroads, easements, topography, etc.
10.
Location
of the water meter or well and the on -site waste water treatment system.
For pre -application assistance:
■ Contact the Weld County Planner -on -Call at (970) 400-6100
■ View the Weld County Code: https://www.weldgov.com/
■ View the Weld County Property Portal: https://www.co.weld.co.us/maps/propertyportal/
■ View other Weld County cases at the online E -permit Center: https://accela-aca.co.weld.co.us/citizenaccess/
A Microsoft Word (.docx) version of the questionnaire is available by request.
Page 2
PRE -APPLICATION REQUEST
DEPARTMENT OF PLANNING SERVICES
1555 N. 17T" Avenue, Greeley, CO 80631 1 970-400-6100 1 www.weldqov.com
PRE -APPLICATION REQUEST PROCESS:
■ Anyone with a development proposal can request a Pre -Application meeting with a Planner to receive guidance on
the process. Pre -Application meetings are free and are meant to assist property owners and applicants in
understanding what is required during the development review process.
■ The Pre -Application Request will be assigned to a Planner. If a Pre -Application meeting is determined to be
necessary, the Planner will schedule a meeting with the applicant to discuss the development proposal, relevant
applications and applicable code requirements. Pre -Application meetings are conducted at the Department of
Planning Services.
■ Submit the completed Pre -Application Request documents: 1) Contact Form, 2) Questionnaire, and 3) Map
(detailed below), in PDF format via email to the Principal Planner, Kim Ogle (kogle(a)weldgov.com). Alternatively,
you may mail or drop-off at the Planning Services Department: 1555 N. 17th Ave, Greeley, CO 80631
CONTACT FORM:
Applicant Information
Name:
Company:
Phone:
Email:
Address:
Project
Description:
Preferred Pre -App
Meeting date and
time:
Property Information
Parcel Number:
096109400105 & 096109400107
Zone District:
I-1
Legal Description:
LOT A RE -536 & PT L3 NE4SE4 9 5 65
Acreage:
1.84 +/- & 0.93 +/-
Site Address:
1705 & 1707 CEDAR AVE
Water Source:
Property Owner:
JESUS VEGA
Sewer Source:
Office Use Only
Page 1
PRE -APPLICATION REQUEST
DEPARTMENT OF PLANNING SERVICES
1555 N. 17TH Avenue, Greeley, CO 80631 1 970-400-6100 1 www.weldgov.com
QUESTIONNAIRE:
Answer the following questions on a separate sheet. Please type. If a question does not pertain to your proposal,
please respond with an explanation.
1. Describe your proposal in detail.
2. Describe the existing use of the property.
3. Describe the existing and proposed potable water source.
4. Describe the existing and proposed sewage disposal system.
5. Describe existing site layout i.e. buildings, signs, lights, fencing/screening, landscaping, parking.
6. Describe proposed improvements i.e. buildings, signs, lights, fencing/screening, landscaping, parking.
7. Detail the location of any on -site oil and gas facilities, irrigation ditches/laterals, pipelines, overhead lines, railroad, etc.
8. Detail the hours and days of operation? i.e. Monday thru Friday; 8:00 a.m. to 5:00 p.m.
9. Detail the number of full-time and part-time employees proposed to work on -site. If shift work is proposed, describe
the shift schedule and number of employees per shift.
10. Detail the total number of people who will access this site on a daily and weekly basis i.e. contractors, truck drivers,
customers, volunteers, employees, etc.
11. Describe the number and type of vehicles that will access and/or be stored on -site.
12. Detail known State or Federal permits required for your proposed use(s) and current status.
13. Detail the amount, storage and containment of fuel, wastes, explosives, chemicals on -site.
14. Detail potential on -site nuisances i.e. dust, waste, debris, visual, noise, odor, etc., and the proposed mitigation method.
MAP:
Submit a legible draft site plan map. Show and label the following items:
1. Property boundary
2. North arrow and scale
3. Nearest public roads
4. Existing and proposed storage areas
5. Existing and proposed structures, sizes, and uses
6.
Existing
and
proposed
parking areas i.e. employee/customer parking and loading zones
7.
Existing
and
proposed
fencing, landscaping and any other site improvement
8.
Existing
and
proposed
access points, including types i.e. agricultural, residential, commercial, industrial, oil and gas
9.
Limiting
site
factors i.e.
floodplain, irrigation ditches, oil & gas facilities, railroads, easements, topography, etc.
10.
Location
of the water meter or well and the on -site waste water treatment system.
For pre -application assistance:
■ Contact the Weld County Planner -on -Call at (970) 400-6100
■ View the Weld County Code: https://www.weldgov.com/
i View the Weld County Property Portal: https://www.co.weld.co.us/maps/propertyportal/
■ View other Weld County cases at the online E -permit Center: https://accela-aca.co.weld.co.us/citizenaccess/
A Microsoft Word (.docx) version of the questionnaire is available by request.
Page 2
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TO: Board of County Commissioners
FROM: Bob Choate, Assistant County Attorney
DATE: November 15, 2021
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. We need to get these to the Treasurer by December 1St in order to have
these special assessments placed on the tax roll next year. The first twelve on the list are new cases for which you have
never certified daily penalties as special assessments.
•
Rolando and Eloisa Castillo
•
Dave Sanger Sr.
•
8588 CR 21, Fort Lupton
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565 Dunmire St., Frederick
•
Case 21C31829; BCV20-00048/ZCV20-00023
•
Case 21C30145; ZCV20-00093
•
$25 daily penalties ordered to begin 10/12/21
•
$10 daily penalties order to begin 05/12/21
•
Violations: noncommercial junkyard, too many
•
Violations: noncommercial junkyard, installation of
animals on site, and electrical work completed without
cargo container without building permit
an electrical permit
•
Property is still in violation
•
Property is still in violation
•
$10/day x 187 days = $50 initial penalty = $1,920
•
$25/day x 34 days + $25 initial penalty = $875
•
Santos and Sonia Simental
•
Justin Walden
•
18526 CR 8, Brighton
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4730 Kings Canyon Dr., Greeley
•
Case 20C34848; ZCV20-00135
•
Case 21C31191; ZCV20-00174
•
$30 daily penalties ordered to begin 06/16/21
•
$25 daily penalties ordered to begin 09/29/21
•
Violations: noncommercial junkyard, too many
•
Violations: noncommercial junkyard, derelict vehicle
animals on site
•
Property is still in violation
•
Property is still in violation
•
$25/day x 47 — $1,175
•
$30/day x 152 days = $4,560
•
Dena Swingle
•
Consuelo Hernandez
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7435 Harold St., Ft. Lupton
•
3223 CR 19, Ft. Lupton
•
Case 21C30649; ZCV20-00190
•
Case 21C31839; ZCV20-00215
•
$25 daily penalties ordered to begin 09/07/21
•
$20 daily penalties ordered to begin 07/12/21
•
Violations: noncommercial junkyard, installation of
•
Violations: noncommercial junkyard, installation of
cargo container without building permit
multiple cargo containers without building permits
•
Property is now in compliance; court ended daily
•
Property is still in violation
penalties on 10/27/21; NO ACTION NECESSARY
•
$20/day x 126 days + $25 initial penalty = $2,545
•
$25/day x 50 days —$1,250
Page lot 3
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•
Jacquelynne Grabrian / Justin and Cynthia Sanger
•
Jesus Salas and Tiffany Brown
•
7076 Patrick St., Ft. Lupton
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15979 Nancy Ave., Ft. Lupton
•
Case 21C31836; ZCV20-00278
•
Case 21C33090; ZCV21-00001
•
$50 daily penalties ordered to begin 06/14/21
•
$25 daily penalties ordered to begin 09/03/21
•
Violations: noncommercial junkyard, too many
•
Violations: noncommercial junkyard, derelict vehicles,
animals on site, derelict vehicles
unpermitted semi -trailers
•
Property is now in compliance; court ended daily
•
Property is still in violation
penalties on 11/02/21. NOACTION NECESSARY
•
$25/day x 73 days + $50 initial penalty = $1,875
•
$50/day x 141 days + $25 initial penalty = $7,075
•
David Schoepf
•
Jerry Dill and Lynne Kelly
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23990 CR 64, Greeley
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3108 O St., Greeley
•
Case 21C32555; BCV20-00017
•
Case 21C32551; ZCV20-00124
•
$10 daily penalties ordered to begin 07/12/21
•
$10 daily penalties ordered to begin 08/20/21
•
Violations: unfinished building permit
•
Violations: unpermitted mobile home, unpermitted
•
Property is still in violation
commercial storage business, unpermitted commercial
•
$10/day x 126 days + $25 initial penalty = $1,285
vehicles, noncommercial junkyard, derelict vehicles
•
Property is still in violation
•
$10/day x 87 days +$50 initial penalty = $920
•
Daniela Flores and Paula Grado
•
Lucina Flores
•
9659 CR 44, Milliken
•
112 Grace Ave., Milliken
•
Case 20C33562; ZCV20-00109
•
Case 20C31602; ZCV19-00279
•
$50 daily penalties ordered to begin 07/12/21
•
$25 daily penalty ordered to begin 08/04/21
•
Violations: unpermitted commercial vehicles and
•
Violations: too many animals on site, too much lot
equipment, unpermitted cargo containers, unauthorized
coverage for structures
storage of construction materials
•
Property is still in violation
•
Property is still in violation
•
$25/day x 103 days = $2,575
•
$50/day x 126 days = $6,300
The next eight 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.
• Graciela Quinonez and Veronica Gutierrez
• 1012 E. 16"' St., Greeley (2 cases)
• Case 17C37227; BCV16-00012; $10 daily penalty
began 05/07/17; Violations: structures within the
setback without building permits
• Case 19C32661; ZCV18-00258; $10 daily penalty
began 09/16/19; Violations: noncommercial junkyard,
derelict vehicles
• Last certification for this property (both cases) in July
• Property is still in violation (both cases)
• $20/day x 167 days = $3,340
• 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 in July
Property is still in violation
$20/day x 167 days = $3,340
Page 2 of 3
•
Arturo Corral
•
Jesus Vega
•
35494 CR 43, Eaton
•
1705 Cedar Ave., Greeley
•
Case 19C36287; ZCV19-00111
•
Case 19C30835; ZCV18-00172
•
$20 daily penalties ordered to begin 08/10/20
•
$50 daily penalties ordered to begin 02/01/21
•
Violations: 8+ unpermitted cargo containers, 3+
•
Violations: unpermitted commercial trucking and
unpermitted semi -trailers, noncommercial junkyard
storage business, derelict vehicles
•
Last certification for this property in June
•
Last certification for this property in June
•
Property is now in compliance; court ended daily
•
Property is still in violation
penalties on 10/21/21. NO ACTION NECESSARY
•
$50/day x 167 days = $8,350
•
$20/day x 142 days = S2,840
•
Charles Bennett and Manuel Gallegos
•
Mahic Sabahudin and Melina Sabonovic
•
1100 Fern Ave., Greeley
•
Good Avenue (no address, unbuilt lot), Ft. Lupton
•
Case 17C36110; ZCVI7-00017
•
Case 18C37496; ZCV18-00166
•
$25 daily penalties ordered to begin 07/09/19
•
$25 daily penalties ordered to begin 08/05/19
•
Violations: unpermitted commercial business (truck
•
Violations: noncommercial junkyard, persons living in
parking, salvage / storage yard, tire sales), persons
Camper/RV
living in camper/RV
•
Last certification for this property in July
•
Last certification for this property in July
•
Property is still in. violation
•
Property is still in violation
•
$25/day x 167 days = $4,175
•
$25/day x 167 days = $4,175
•
Aryan Kiani and Matthew Irvin
•
Bruce Brotemarkle
•
331 Dunmire Street, Frederick
•
1708 CR 32, Platteville
•
Case 20C30918; ZCVI9-00192
•
Case 20C32497; ZCV19-00290
•
$25 daily penalties ordered to begin 10/22/20
•
$50 daily penalties ordered to commence 12/10/20
•
Violations: noncommercial junkyard, derelict vehicles
•
Violations: noncommercial junkyard, persons living in
•
Last certification for this property in June
Camper/RV
•
Property is still in violation
•
Last certification for this property in July
•
$25/day x 167 days = $4,175
•
Property is still in violation
$50/day x 167 days = $8,350
Page 3 of 3
WELD COUNTY ATTORNEY'S OFFICE
1150O STREET
P.O. BOX 758
GREELEY, CO 80632-0758
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
►rl FAX: (970) 352-0242
November 4, 2021
Jesus Vega
1025 E. 18th Street
Greeley, CO 80631
Mr. Vega:
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 February 11, 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 $50.00
per day beginning on February 1, 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 oublic_hearine on November 15. 2021 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 "Of' Street, Greeley, CO 80631. The hearing will address the penalties for the
period from June 1, 2021 through November 15, 2021. This period totals 167 days and amounts to
$8,350.00. 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 543.350.00. Such lien will have priority over all other security
interests, except for taxes. In addition to the $8,350.00, 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. Alternative arrangements may be made by contacting Hannah Dutrow at (970) 400-3536.
Please feel free to contact me with any questions.
Respectfully,
W&LS ce
Bob Choate
Assistant Weld County Attorney
Enclosure
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038, D
Greeley, Colorado 80632 CAE
E FILED: February 11, 2021 5:38 PM
NUMBER: 2019C30835
Phone Number: (970) 475-2400
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
❑ FOR COURT USE ONLY ❑
V.
Case Number: 19-C-30835
Jesus Vega,
Division: C
Defendant.
ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS
This matter came before the Court on February 1, 2021 for a Hearing. Plaintiff was
represented by Assistant Weld County Attorney Gabriel Kalousek, and Defendant, Jesus Vega, was
pro se. Testimony was heard from Hannah Dutrow, Weld County Zoning Compliance Officer.
Based upon the foregoing, this Court makes the following findings of fact:
This Court has jurisdiction over the subject matter and the parties herein.
2. The Court took judicial notice of the stipulation that was approved by the Court on
December 2, 2019.
3. The action is based on the Plaintiff's 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. In the Stipulation the parties agree that there are violations of the Weld County
Code. In the Stipulation, the Defendant agreed, among other things, to complete all
requested items and record the Site Plan Review Application by June 3, 2020.
4. Testimony at hearing established the following: Defendant owns the property located at
street address 1705 Cedar Avenue and 1707 Cedar Avenue, Weld County, Colorado.
Exhibits 1 through 4 showed that the Defendant had not yet completed what was required in
the stipulation, and that the Site Plan was ultimately rescinded. Ms. Dutrow testified that she
inspected the property on January 28, 2021, and that the commercial business is still there.
Ms. Dutrow requested the $50.00 daily penalty be imposed.
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
1. Plaintiff proved by a preponderance of evidence a material breach of the Stipulation and
Order.
2. A $50.00 per day penalty is ordered due to the continued violation. The penalty will begin on
February 1, 2021 and will continued until further order of this Court.
DONE THIS DAY February 11, 2021
This document was filed pursuant to C.R.C.P. Rule 121 § 1-26. A printable version is available in the Court's electronic file. This document was
served on parties and/or c®unsel as indicated in the Court's electronic file.
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