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Home My WebLink About20221803.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - SUSAN BEASLEY 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, Susan Beasley, 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, ZCV20-00097, 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 February 7, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $5,300.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from February 7, 2022, through May 22, 2022 (a period of 105 days), be, and hereby is, approved. 4842533 Pages: 1 of 2 07/18/2022 11:13 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 l rdI!R Iiairl4 'It11/A iiiiIVOMPLIIIIIW.11411111 GC :PL(TP/MN/alt/BP), CACBB/KO, TR(RF)� APPL. V/5 /22 2022-1803 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - SUSAN BEASLEY PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dreet,t)r• •J�C�G�oi� Scott K. James, Chair Weld County Clerk to the Board ounty orney Date of signature: 7/7/2.2 4842833 Pages. 2 of 07/18/2022 11:13 11 R ooee:$O.OO County Co Car1Y Koppo$, 11111 2022-1803 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; ZCV19-00290 • $50 daily penalties ordered to commence 12/10/20 Charles Bennett and Manuel Gallegos • 1100 Fern Ave., Greeley • Case 17C36110; ZCV 17-00017 • $25 daily penalties ordered to begin 07/09/19 Page 1 of 2 2022-1803 Olo/ 22 PLU$Z41 • 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/day x 188 days = $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-0009 7 Susan Beasley 17930 CR 12 * February 7, 2022 (daily penalty imposed) * $50 / Daily @ 105 days = $5300.00 * February 7, 2022 — May 22, 2022 WELD COUNTY (R, "3 ) t ;c ONLINE MAPPING �+ ��C f� I 182.3 182.3 0 91.17 182.3 Feet WGS_1984_Web_Mercator_Auxiliary_Sphere Weld County Colorado 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 • `7+e4 ay .Is �• r Legend Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone Al- Floodplain - 100 Year Zone AC Preliminary Floodplain - 500 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Highway O County Boundary r ■ S ■ Notes gar WELD COUNTY ONLINE MAPPING 17930 CR 12 - Vicinity 1: 70,015 O 0 5,834.62 11,669.2 F eet 11,669.2 WGS_1984 Web_Mercator Auxiliary_Sphere © Weld County Colorado 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 8E USED FOR NAVIGATION Legend Parcels aatk ■ ■ O Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone Al- Floodplain - 100 Year Zone AC Preliminary Floodplain - 500 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Highway Road Road Higher County Boundary Notes Mir WELD COUNTY 17930 CR 12 - vicr III - ONLINE MAPPING 1 11,669.2 0 5,834.62 11,669.2 Feet WGS_1984_Web_Mercator_Auxiliary_Sphere © Weld County Colorado 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 'Yr Legend • S Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone Al- Floodplain - 100 Year Zone AC Preliminary Floodplain - 500 YE Preliminary Floodplain - 100 YE Prelirinary Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE 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 Susan Beasley 17930 CR 12 Fort Lupton, CO 80621 Ms. Beasley: 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 15, 2022, 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 7, 2022 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 February 7, 2022 through May 22, 2022. This period totals 105 days and amounts to $5,300.00. 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 S5.300.00, Such lien will have priority over all other security interests, except for taxes. In addition to the $5,300.00, 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, Perry Ant Weld County Attor Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE Greeley, Colorado 80632 CASE Phone Number: (970) 475-2400 FILED: February 15, 2022 12:18 PM NUMBER: 2021C31827 A FOR COURT USE ONLY BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. SUSAN BEASLEY Defendant. Case Number: 21-C-31827 Division: C ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on February 7, 2022 for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on August 5, 2021. Plaintiff was represented by Assistant Weld County Attorney Caitlin Perry, and Defendant, Susan Beasley, appeared pro se. Testimony was heard from Bethany Pascoe, Weld County Building Compliance Officer, and Defendant Susan Beasley. Based upon the foregoing, this Court makes the following findings of fact and conclusions of law: 1. This Court has jurisdiction over the subject matter and the parties herein. This is an action to enforce zoning and/or building code violations within the unincorporated area of Weld County pursuant to C.R.S. §30-28-124.5, C.R.S. §30-28-210, Weld County Code (WCC) §23-10-40, and WCC §29-11-10(C), Defendant was properly served on April 24, 2021. Defendant consented to the Court's jurisdiction and entered into a stipulation on July 29, 2021, which was approved and ordered by the Court on August 5, 2021. 2. Defendant owns and/or occupies the property located at 17930 County Road 12, Fort Lupton, Colorado 80621, in unincorporated Weld County (the "Property"). The Property is zoned (A) Agricultural. 3. By stipulation, Defendant agreed that the Property was in violation of the Weld County Code due to the presence of multiple campers, trailers, RVs, and other vehicles not owned by the Defendant or her tenant; multiple derelict vehicles that are not properly screened; and the continued occupancy of campers, trailers, or RV's. Defendant further agreed to remove any vehicles or trailers not owned by her by October 4, 2021; completely screen any remaining derelict vehicles owned by Defendant with the appropriate screening material by October 4, 2021 and cease the utilization and occupancy of the campers, trailers, and/or RV's by October 4, 2021. Weld County Building Code Compliance Officer, Bethany Pascoe has inspected the property on multiple occasions, including most recently on February 1, 2022. As detailed by the testimony of Ms. Pascoe, and as depicted in the photographs admitted into evidence as Exhibits A -C, and generally undisputed by Ms. Beasley, the Property still contains multiple vehicles, campers, and trailers that are not owned by Ms. Beasley. In addition, the remaining derelict vehicles on the property owned by Ms. Beasley were not properly screened by the stipulated deadline of October 4, 2021, 4. The Court finds that the property still contains multiple vehicles and campers/trailers/RV's that are not owned by Ms. Beasley in violation of the Weld County Code, that screening of the additional derelict vehicles owned by Ms. Beasley was not completed by October 4, 2021 in violation of the Weld County Code and Stipulation; and thus, the defendant has materially breached the stipulation. 5. The Defendant agreed to remedy all of 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 defendant has materially breached the stipulation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 6. A $50.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty will begin on February 7, 2O22 and will continue until further order of this Court. SO ORDERED. February 15, 2022 Randall C. I..Lcocb `� I Date Weld County Court Magistrate Hello