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Home My WebLink About20221871.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - FRANK AND YRENE MARTINEZ 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, Frank and Yrene Martinez, 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, ZCV21-00159, and upon Weld County's motion, the County Court ordered the Defendants to pay $50.00 for each day that the property remained in violation of the Weld County Code, beginning on March 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 $3,875.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from March 7, 2022, through May 22, 2022 (a period of 77 days), be, and hereby is, approved. 4846928 Pages: 1 of 2 08/08/2022 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIII� ,'fh�'INICk4'I�� III G C', pL (T9/MN/ Ws/Qp), CA(i38/kM), TRCRF), APPL. K/26/22 2022-1871 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT — FRANK AND YRENE MARTINEZ 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 OUNTY, COLORADO ATTEST: d,t4,0 G( `deo; Weld County Clerk to the Board Deputy Clerk to the Bo APP' : ED County orney Date of signature: 'III _ ZZ co t K. James, Chair 4846928 Pages: 2 of 2 08/08/2022 10:54 AM R Fee:$0.00 Carly Koppel, Clerk and Reoordar, Weld County , CO VIII I�.rl4i��l111�h�1�� S'r'i Il�r�1�111�l�I�rl+ihi lik�lti 11111 2022-1871 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 • 2717 49th Street, Evans • Case 21C33085; BCV20-00071; ZCV20-00287 • $10 daily penalties ordered to begin 12/13/21 • Violations: multiple unpermitted detached accessory structures that do not meet setbacks, offsets, or lot coverage; multiple on site commercial vehicles & equipment • Property is still in violation • $10/day x 161 days + $35 initial penalty = $1,645 ("Frank and Yrene Martinez • County Road 55 parcel no. 029733400009 • Case 21C37057; ZCV21-00159 • $50 daily penalties ordered to begin 03/07/22 • Violations: accessory uses without a principal use including a noncommercial junkyard; multiple commercial vehicles, accessory structures, & an occupied camper/trailer RV • Property is still in violation • $50/day x 77 days + $25 initial penalty = $3,875 Michael and Maria Quinlan • 32405 Highway 14, Ault • Case 22C30031; ZCV21-00283 • $100 daily penalties ordered to begin 04/11/22 • Violations: presence of a commercial tow yard in the agricultural zone district • Property is still in violation $100/day x 42 days + $100 initial penalty = $4,300 Gabriel Rocha • Nancy Avenue Parcel no. 130927110003 • Case 21C31841; ZCV20-00144 • $25 daily penalties ordered to begin 12/14/21 • Violations: construction of 2 detached accessory buildings that exceed lot coverage and without a permitted and installed principal dwelling unit • 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 2022-1871 01012C1 Graciela Quinonez and Veronica Gutierrez • 1012 E. 16th St., Greeley (2 cases) • Case 17C37227; BCV 16-00012; $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 1-00159 Frank & Yrene Martinez 0CR55 * March 7, 2022 (daily penalty imposed) * $50 / Daily + $25 IP @ 77 days = $3875.00 * March 7, 2022 — May 22, 2022 ,IT alir WELD COUNTY f l C R 55 • D ONLINE MAPPING L"d C R 114 :r) rw F } t,/ (_: R 1 0 vVC:F; 104 p •b r-) Tr. L'st C N 112 ...-5 cc -y as ..;- ) r a - Legend ® \ Parcels Floodplain Floodplain Floodplain Floodplain Floodplain Floodplain Preliminary Preliminary Preliminary Preliminary Preliminary Highway Road - 500 Year - 100 Year Zone A - 100 Year Floodwa - 100 Year Zone AE - 100 Year Zone Ai- - 100 Year Zone AC Floodplain - 500 Y( Floodplain - 100 Yf Floodplain - 100 YE Floodplain - 100 YE Floodplain - 100 YE Road 1 0 f5 r' "` td,C.P. .-. Highway Boundary County 1:70,015 l Notes 11,669.2 c 5,834.62 11,669.2 F eet 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 ---------------- I WGS_1984 Web_Mercator_Auxiliary_Sphere © Weld County Colorado WELD COUNTY �,� air ONLINE MAPPING (L) CR 55 • rcart CAM*. Boulder Legend \ Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa - r0ar11[YMM/la" 'G-rw.iuN }.iAMIMM IY4i.N - .....L. %M wgM�..�M. . Ii V:•Wf�A��L�Nw..��".. .Y[Fa�tF'" al # Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone Al- .a Floodplain - 100 Year Zone AC 54068 ,)06. yr ! t I. A , _ ` -. Preliminary Floodplain - 500 YE Preliminary Floodplain - 100 YE ` .. Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Highway b f . O County Boundary . _ rL, dr 1:4,3 76 a Notes 729.3 0 364.66 729.3 Feet This map is a user generated static output horn an Internet mapping site and is for reference 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 1. 729:3 0 364.66 729.3 Feet Cr WGS_1984_Web_Mercator_Auxiliary_Spher e +> 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 Legend a ■ O Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone AI- 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 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 14, 2022 Frank and Yrene Martinez PO Box 511 Ault, CO 80610 Mr. and Mrs. Martinez: 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 March 14, 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 $50.00 per day along with an initial penalty of $25.00 beginning on March 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 29.2022 at 9:00 a.nt. 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 March 7, 2022 through May 22, 2022. This period totals 77 days and amounts to $3,875.00. 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 53.875.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $3,875.00, 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, lin Perry Assistant Weld Count Atto e y y 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: March 14, 2022 3:54 PM NUMBER: 2021C37057 A FOR COURT USE ONLY BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. FRANK MARTINEZ and YRENE MARTINEZ, Defendants. Case Number: 21-C-37057 Division: C ORDER FOR DEFAULT JUDGMENT This matter came before the Court on March 7, 20212 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 December 28, 2021. Defendants failed to file an Answer or otherwise appear for the original return date on summons on February 7, 2022. The case was continued by Plaintiff to March 7, 2022 to provide additional time to the Defendants. Defendants failed to file an Answer or otherwise appear on the continued return date March 7, 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 on parcel number 029733400009, 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 multiple commercial vehicles and accessory structures without a principal use, an occupied camper/trailer-RV, and a noncommercial junkyard. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. The Defendants are in default. 2, A $50.00 per day penalty is ordered due to the continued violation. The penalty will begin on March 7, 2022 and will continue until further order of this Court. 3. A $25.00 initial penalty is ordered due to the violation. March 14, 2022 Magistrate Randall Lococo Date Hello