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HomeMy WebLinkAbout20222018.tiffRESOLUTION RE: APPROVE 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, 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 15th day of November, 2021, the Board of County Commissioners of Weld County, Colorado, found that the Certification of $2,575.00 to the Weld - County Treasurer to be collected as a special assessment for the daily violation penalties from • - August 4, 2021, through November 15, 2021 (a period of 103 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 February 14, 2022, the Board found that the Certification of $4,850.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from August 4, 2021, through February 14, 2022 (a period of 194 days), be m3� continued to April 18, 2022, at 9:00 a.m., to allow the property owner further time to bring the site N*4` into compliance, and • .t � U WHEREAS, on April 18, 2022, the Board found that the Certification of $6,425.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties ZN- from August 4, 2021, through April 18, 2022 (a period of 257 days), be continued to July 18, 2022, at 9:00 a.m., to allow the property owner further time to bring the site into compliance, and No� O▪ .O CC :pLETP/1 w i,s/gp) CA(86/1cn) 2022-2018 TR(RF) APPL. PL0824 SS/3o/2z 11/23/3. CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - LUCINA FLORES PAGE 2 WHEREAS, at a hearing held on the 18th day of July, 2022, the Board of County Commissioners of Weld County, Colorado found that the Certification of $7,900.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from August 4, 2021, through June 15, 2022 (a period of 316 days), be approved. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of Certification of $7,900.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from August 4, 2021, through June 15, 2022 (a period of 316 days), be, and hereby is, approved. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of July, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: day,44) ,;(1 Weld County Clerk to the Board BY: County Attorney Date of signature: 7/26/22 Sc6ttrl( James, Chair 2022-2018 PL0824 ZCV19-00279 Lucina Flores 112 N Grace Ave * August 4, 2021 (daily penalty imposed) * $25 / Daily @ 316 days = $7,900.00 WEI.° couNery Flores, Lucina ZCV19-00279 ONt tNt WGS_1fd_Web Marcator_Auiilury$pturs S Weld County Colorado 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 Highway County Boundary Notes Tries map . a ;tar penra•.ed ?4 C output from an tnaame max':rc and is fa *era only. Dap Layer: at nail on on map may or may not a :aasae c errant a of a a table THIS MAP IS NOT TO 3E USED FOR NAVIGATION nnum,tt ""FAH' .1 � k r : S IITSn0. I$ ,:u , wiIiOO$ SWUM INIWIND stain rnnus neas!! ll Ns mat a a car prnrreo :ut< outIoA from an W'ssme "apo'q :s aril a to •eh►r+ce only Data layers ran axear on Was map may or may not De Kant*. current or otneNete relit* THIS MAP IS NOT TO BE USED FOR NAVIGATION 09/18/2019 Complaint (COMP19-00352) Received 09/19/2019 Initial Inspection completed by Hannah Dutrow 09/19/2019 Violation (ZCV19-00279) Initiated 09/23/2019 Violation Notification letter sent 10/03/2029 Returned 10/10/2019 Violation Notification letter re -sent 11/22/2019 Notice of Intent to Proceed Letter sent 12/11/2019 Notice of Intent to Proceed Letter re -sent 06/16/2020 Court Courtesy Packet sent 02/01/2021 Demolition Permit (DEM21-0008) application submitted 08/03/2021 Warning of DEM21-0008 expiration 12/02/2021 DEM21-0008 Extension approved until 02/28/2022 10/01/2021 Daily Penalty Reminder letter sent 11/01/2021 Daily Penalty Reminder letter sent 11/15/2021 BoCC Hearing to Certify Daily Penalties Continued to 02/14/2022 (103 days) @ $2,575 00 12/01/2021 Daily Penalty Reminder letter sent 01/01/2022 Daily Penalty Reminder letter sent 01/31/2022 DEM21-0008 Expired 02/01/2022 Daily Penalty Reminder letter sent 02/14/2022 BoCC Hearing to Certify Daily Penalties Continued to 04/18/2022 (194 days) @ $4,850 00 03/01/2022 Daily Penalty Reminder letter sent 04/18/2022 BoCC Hearing to Certify Daily Penalties Continued to 07/18/2022 (257 days) @ $6,425 00 _04/01/2022 _ _ __Daily Penalty Reminder letter sent 05/01/2022 Daily Penalty Reminder letter sent 06/01/2022 Daily Penalty Reminder letter sent a * i • ; N el . Y . n I • . ; L . . 4:- i � e •..fiilil.;hLeittiiiii_..!: _. '' _tlltii1 fiill;:._.1 "-- ttl II I�ilIilljilltti�,.i -. 'l`, -_\'ti • ; L:t r era t 1,�,`�`�'`' Legend O pints %sari-5aa1n F - 1 O TS Ztinu A �. are 100 Yee nowitizi a - Ma. Zan* erie • SimiTar Zone - Agway Q cagey Owne rfp 'R _4 a a sn a g:: at ass *QIN a"l nun meACNCIAr4 : w » tv wArn. . CS tom one Seer M nentifert Nit M MOM Orv't rW'e *Weftt 4$ tI, ¶ CT TO R Km I PW4d704 Notice of Certification of Lien to Weld County Treasurer June 27, 2022 Lucina Flores 112 N. Grace Avenue Milliken, CO 80543 Ms. Flores: This is a courtesy letter is to remind you that your Certification hearing was continued to Monday, July 18, 2022, at 9 a.m. As you are aware, Weld County intends to certify certain liens on your property to the Weld County Treasurer on July 18, 2022. Previously, 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. Upon information and belief, the zoning violation still exists on your property. At a public hearing on July 18. 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 August 4, 2021, through February 14, 2022. This period totals 195 days and amounts to $4,875.00. 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 54,8M). Such lien will have priority over all other security interests, except for taxes. In addition to the $4,875.00, 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, Matt Conroy Assistant Weld County Attorney Hello