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Home My WebLink About20223191.tiffRESOLUTION RE: ACTION OF BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - LUCINA FLORES 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, Lucina Flores, 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, ZCV19-00279, 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 August 4, 2021, and WHEREAS, the Board of County Commissioners previously approved the certification of $7,900.00 to the Weld County Treasurer for the daily penalties accruing period from August 4, 2021, through June 15, 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 hearing held on the 14th day of November, 2022, the Board found that the Certification for $2,900.00 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 116 days), be continued to February 13, 2023, at 9:00 a.m., to allow the property owner further time to bring the property into compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $2,900.00 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 116 days), be, and hereby is, continued to February 13, 2023, at 9:00 a.m. cc: Pi. (TP/tiNAJI/Bp), cA (46 /KM), TR(RF), APPL. +1/22/22 2022-3191 PL0824 CONTINUE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - LUCINA FLORES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of November, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WE I.1p COUNTY, COLORADO ATTEST: d,t;t,tA) 4,,;t2 Weld County Clerk to the Board \\ ounty orney (u Date of signature: I1/ Scott K. James, Chair Mik $fe4man, Pro-Tem 2022-3191 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-OO349 • $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 I I / Lj 2022-3191 `-Lo4Sa9 9/1/22 with the assumption that a site plan review would be completed. [2022- 0645] • No SPR as of 9/1/22 so suspension lifted, and penalties reimposed. • 37 days x $50/day = $1,850 Baudel Tortoledo Hernandez Charles Simansky • 15125 Good Ave, Fort Lupton 80621 • 40751 County Road 68 • Case 22-C-30184; ZCV21-OO14O • Case 22-C-30037; ZCV19-00292 • $25 daily penalty beginning 6/6/22 after • $10 daily penalty beginning 7/11/22 after daily penalty hearing daily penalty hearing • Violations: accessory structures built • Violations: Storage of a mobile home without permits and exceeding maximum • Still in violation and no new permits have allowed lot coverage been applied for. • 126 days x $25 per day = $3,450 • 91 days x $10/day = $910 The next four cases were all previously certified in June 2022. Previously Certified Rolando and Eloisa Castillo Graciela Quinonez and Veronica Gutierrez • 8588 CR 21, Fort Lupton • 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 • 2"d 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; ZCV20-00097 $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; ZCV20-00124 • $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; ZCV16-00129 • $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; ZCV19-00192 • $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-OO166 • $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 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 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 4 - 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 ZCV19-00279 Porfirio & Lucina Flores 112 N Grace Ave * August 4, 2021 (daily penalty imposed) * $25 / Daily @ 116 days = $2,900.00 * June 16, 2022 — October 9, 2022 09/19/2019 ZCV19-00279 Violation initiated 06/19/2020 - Kim Ogle & Staff met with Lucina Flores for PRE20-0088 regarding lot coverage USR 02/01/2021 Demolition Permit (DEM21-0008) application submitted 08/03/2021 Warning of DEM21-0008 expiration - 08/04/2021 Daily Penalties ($25) imposed (21-C-31191) 12/02/2021 DEM21-0008 Extension approved until February 28, 2022 11/15/2021 Board of County Commissioners`continued certification hearing to February 14, 2022 01/31/2022 DEM21-0008 Expired 02/14/2022 -Board of County Commissioners continued certification hearing to April 18, 2022 04/18/2022 Board of County Commissioners continued certification hearing to July 18,,2022 _ 06/01/2022 Daily Penalty reminder letter sent 07/18/2022 Board of County Commissioners certified $7,900 00 07/19/2022 Modesto Flores came into the office and discussed this hearing & case with Tonya Johnson 08/01/2022 Daily Penalty reminder letter sent 09/01/2022 Daily Penalty reminder letter sent 09/16/2022 Daniela Flores came to the Weld County Planning Office to discuss her cases 10/01/2022 Daily Penalty reminder letter sent 10/12/2022 Anonymous complaint reached out 11/01/2022 Daily Penalty reminder letter sent 11/02/2022 Notice of Certification of Lien to Weld County Treasurer sent by Matthew Conroy 11/08/2022 I conducted an inspection from the road ROW Still in violation 11/14/2022 Certification of Daily Penalties hearing before Board of County Commissioners Parcels Floodplain - Floodplain - Floodplain - Floodplain - Floodplain - Floodplain - Highway County Sou TM nap e a sae► penrrec :ts:: a :out Nvrn an h:rne P"OPOing : are rdoe - Perot only. 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Oar*, t1+'i WAY 5 P* TO !! UM RP HAMCISIOll 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 November 2, 2022 Lucina Flores 112 N. Grace Avenue Milliken, CO 80543 Ms. Flores: 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 September 21, 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 $25.00 per day beginning on August 4, 2021, with the penalties 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 oublk hearing on November 14. 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 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 June 16, 2022, through October 9, 2022. This period totals 116 days and amounts to $2,900.00. Please note that the daily penalty will continue to accrue until the property is brought into compliance with the Weld County Code. The total request at the hearing will be $2.900.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $2,900.00, 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, DATE Greeley, Colorado 80632 • CASE '1LED: September 21, 2021 11:01 AM NUMBER: 2020C31602 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE A FOR COURT USE ONLY COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. Case Number: 20-C-31602 PORFIRIO FLORES and LUCINA FLORES, Division: C Defendants. ORDER TO LIFT STAY AND IMPOSE DAILY PENALTIES This matter came before the Court on August 4, 2021 for an evidentiary hearing (the Stipulation Review Hearing), and again on September 13, 2021 fora non -evidentiary review hearing (the "Status Review Hearing"). At the Stipulation Review Hearing, Plaintiff was represented by Assistant Weld County Attorney Gabriel Kalousek. At the Status Review Hearing, Plaintiff was represented by Assistant Weld County Attorney Bob Choate, Defendant Lucina Flores appeared pro se at both hearings. After the Stipulation Review Hearing, the Court made findings and granted the Plaintiff's requested relief, ordering the imposition of a $25 daily penalty, but stayed the Plaintiff from taking any action to collect the penalty for 30 days. After the Status Review Hearing, upon hearing Plaintiff's request to lift the stay, and noting Defendant's lack of objection, the Court hereby lifts the stay of collection. For purposes of the Order Imposing Daily Penalties, the 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 (WCC) §23-10-40. Defendant was properly served on March 27, 2020. Defendant consented to the Court's jurisdiction and entered into a stipulation on December 7, 2020, which was approved and ordered by the Court on April 9, 2020. The Court takes judicial notice of the stipulation. 2. Defendant owns and occupies the property located 112 Grace Avenue, Milliken, Colorado, 80543, in unincorporated Weld County (the "Property"). The Property is zoned (A) Agricultural. 3. By stipulation, Defendants agreed that the Property was in violation of the Weld County Zoning Code due to the presence of an unpermitted accessory structure exceeding lot coverage requirements, as well as the presence of more animal units than are permitted on the property. 4. The Court finds that the property is still being used in violation of the Weld County Zoning Code, and further that the defendants have materially breached the stipulation. By stipulation, the defendants agreed to submit a demolition permit application, reduce the animal units on site, and allow the County's zoning compliance officer to inspect thereafter. As described in the testimony of zoning compliance officer Hannah Dutrow, these action items have not occurred. 5. The Defendant agreed to remedy 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 evidence that the property is in violation of the Weld County Code and that the defendants have materially breached the stipulation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 6. A $25.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty began on August 4, 2021 and will continued until further order of this Court. The stay of collection previously ordered by the court is hereby lifted. SO ORDERED. September 21, 2021 Magistrate Randall Lococo Date Hello