The URL can be used to link to this page

Browse Search

Home My WebLink About20221872.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MICHAEL AND MARIA QUINLAN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Weld County, on behalf of the Department of Planning Services, filed a complaint in the Weld County Court against Defendants, Michael and Maria Quinlan, claiming that the Defendants' property was in violation of the Weld County Code, and WHEREAS, the County Court found the Defendants' property to be in violation of the Weld County Code, and WHEREAS, the Defendants failed to bring the property into compliance with the Weld County Code, in relation to Zoning Compliance Violation, ZCV2.1-00283, and upon Weld County's motion, the County Court ordered the Defendants to pay $100.00 for each day that theproperty remained in violation of the Weld County Code, beginning on April 11, 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 a hearing held on the 29th day of June, 2022, staff recommended the certification of $4,300.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from April 11, 2022, through May 22, 2022 (a period of 42 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 of $4,300.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from April 11, 2022, through May 22, 2022 (a period of 42 days), be, and hereby is, denied, and the civil penalties, be, and hereby are, declared no longer due or owing. c c : PLCrP/FivA4m/ t3P), cA(L36/KK), TR(RF), Apps. VS /22 2022-1872 PL0824 DENY CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT — MICHAEL AND MARIA QUINLAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD ,COU NTY-COLORADO ATTEST: dittio ;6k Weld County Clerk to the Board m - eputy Clerk to the B APP: D A County Attorney Date of signature: °i ilaZ 1 Z -1 Scott K. James, Chair rr6.4 an, Pr -T m Lori Saine 2022-1872 PL0824 TO: Board of County Commissioners FROM: Caitlin Perry, Assistant County Attorney DATE: June 29, 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. Luis Armando Lopez Frank and Yrene Martinez • 2717 49th Street, Evans • County Road 55 parcel no. 029733400009 • Case 21C33085; BCV20-00071; ZCV20-00287 • Case 21C37057; ZCV21-00159 • $10 daily penalties ordered to begin 12/13/21 • $50 daily penalties ordered to begin 03/07/22 • Violations: multiple unpermitted detached accessory • Violations: accessory uses without a principal use structures that do not meet setbacks, offsets, or lot including a noncommercial junkyard; multiple coverage; multiple on site commercial vehicles & commercial vehicles, accessory structures, & an equipment occupied camper/trailer RV • Property is still in violation • Property is still in violation • $10/day x 161 days + $35 initial penalty = $1,645 • $50/day x 77 days + $25 initial penalty = $3,875 Michael and Maria Quinlan Gabriel Rocha • 32405 Highway 14, Ault • Nancy Avenue Parcel no. 130927110003 • Case 22C30031; ZCV21-00283 • Case 21C31841; ZCV20-00144 • $100 daily penalties ordered to begin 04/11/22 • $25 daily penalties ordered to begin 12/14/21 • Violations: presence of a commercial tow yard in the • Violations: construction of 2 detached accessory agricultural zone district buildings that exceed lot coverage and without a • Property is still in violation permitted and installed principal dwelling unit $100/day x 42 days + $100 initial penalty = $4,300 • Property is still in violation $25/day x 160 days + $50 = $4,050 The next five 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. Page 1 of 2 2022-1872 PL Ond Graciela Quinonez and Veronica Gutierrez • 1012 E. 16th St., Greeley (2 cases) • Case 17C37227; BCV16-00012; $10 daily penalty began 05/07/18; 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) 11/15/21 • Property is still in violation (both cases) • $20/day x 188 days = $3,760 Mahic Sabahudin and Melina Sabonovic • Good Avenue (no address, unbuilt lot), Ft. Lupton • Case 18C37496; ZCV18-00166 • $25 daily penalties ordered to begin 08/05/19 • Violations: noncommercial junkyard, persons living in Camper/RV • Last certification for this property 11/1521 • Property is still in violation • $25/day x 188 days = $4,700 Jesus Salas and Tiffany Brown Dave Sanger Sr. • 15979 Nancy Ave., Ft. Lupton • 565 Dunmire St., Frederick • Case 21C33090; ZCV21-00001 • Case 21C30145; ZCV20-00093 • $25 daily penalties ordered to begin 09/03/21 • $10 daily penalties order to begin 05/12/21 • Violations: noncommercial junkyard, derelict vehicles, unpermitted semi -trailers • Violations: noncommercial junkyard, installation of cargo container without building permit • Property is still in violation • Property is still in violation $25/day x 188 days = $4,700 • $10/day x 188 days = $1,880 Justin Walden • 4730 Kings Canyon Dr., Greeley • Case 21C31191; ZCV20-00174 • $25 daily penalties ordered to begin 09/29/21 • Violations: noncommercial junkyard, derelict vehicle • Property is still in violation $25/day x 188 days = $4,700 Page 2 of 2 ZCV2 1-00283 Michael & Maria Quinlan 32405 Hwy 14 * April 11, 2022 (daily penalty imposed) * $100 / Daily & $100 Initial Penalty 42 days = $4300.00 * April 11, 2022 — May 22, 2022 i,i WELD COUNTY Map .. Title ..� ONLINE MAPPING • { 4 » _ • A • jenver 32513 tit Legend Parcels Highway r ire it ‘405 a e . n..... .. ....' y <. - .a.• ... .. a l', r fr 'j 0 County Boundary aka.` ♦ ; _ _ 4 [ .. �____ _.... HI MW�Y Notes ?63.3 0 131,63 X03.3 Feet This map is a user generated static output from an Internet mapping site and is for r reterence only Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current or otherwise reliable Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION PM! WELD COUNTY Map Title ONLINE MAPPING ,A1jr`-�0 , .92 PIGHWA WGS_1984_Web_Mercator_Auxiliary_Sphere © Weld County Colorado This map is a user generated static output trorn 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 4,212.3 2,106.16 4,212.3 Feet Denver Legend Parcels Highway Road Road Highway. O County Boundary Notes �....,_.xac,, _.-r a �_ �-.Insr- .,r,,.,.,. ... _� .�_. ��....� .�.nerrrom._.Irn.o_� ' e :,..r,z,s W.,,...a..kc..cr. ,0141/4. I ltitGS_1984_ '/eb_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 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 14, 2022 Michael and Maria Quinlan 32405 Highway 14 Ault, CO 80610 Mr. and Mrs. Quinlan: 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 April 13, 2022, the Court granted the County's Motion to Impose Daily Penalties, finding that your property was in violation of the Weld County Code, and ordered you to pay a daily penalty of $100.00 per day along with an initial penalty of $100.00 beginning on April 11, 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 29.2022 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 April 11, 2022 through May 22, 2022. This period totals 42 days and amounts to $4,300.00. 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 54.300.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $4,300.00, 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, Caitlin Perry sistant Weld County At%6rney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Colorado 80632 Phone Number: (970) 475-2400 DATE FILED: April 13, 2022 2:34 PM CASE NUMBER: 2022C30031 A FOR COURT USE ONLY BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. MICHAEL L. QUINLAN and MARIA E. QUINLAN, Defendants. Case Number: 22-C-30031 Division: C ORDER FOR DEFAULT JUDGMENT This matter came before the Court on April 11, 2022 for a nonappearance return date on summons. Plaintiff was represented by Assistant Weld County Attorney Caitlin Perry, and Defendants failed to Answer or otherwise appear. 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. Defendants were properly served on January 20, 2022. Defendants failed to file an Answer or otherwise appear for the original return date on summons on March 7, 2022. The case was continued by Plaintiff to April 11, 2022 to provide additional time to the Defendants. Defendants failed to file an Answer or otherwise appear on the continued return date April 11, 2022. As a result, this Court enters default judgment against the Defendants. 2. Plaintiff brings this action for enforcement of zoning violations and Chapter 23 of the Weld County Code, as permitted by § 30-28-124.5 C.R.S. and the Weld County Code. 3. Defendants own or occupy the property located at 32405 Highway 14, Weld County, Colorado. This Court has jurisdiction over the property. The property is being used in violation of the Weld County Zoning Code. Specifically, the property is in violation due to the presence of a commercial tow yard which is not an allowed use in the Agricultural Zone District. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. The Defendants are in default. 2. A $100.00 per day penalty is ordered due to the continued violation. The penalty will begin on April 11, 2022 and will continue until further order of this Court. 3. A $100.00 initial penalty is ordered due to the violation. SO O Magistrate Randall April 13, 2022 Date Hello