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Home My WebLink About20223186.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING 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, the Board of County Commissioners previously approved the certification of $3,875.00 to the Weld County Treasurer for the daily penalties accruing period from March 7, 2022, through May 22, 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 $7,000.00 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 140 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 $7,000.00 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 140 days), be, and hereby is, continued to February 13, 2023, at 9:00 a.m. cc'. PL(TP/MN/WI/BP), cl9 (13s/soh), TR(RF),APin. • 11/22 /22 2022-3186 PL0824 CONTINUE 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 14th day of November, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLORADO ATTEST:d) W .C%4 t K. James, Chair Weld County Clerk to the Board County Att rney Date of signature: 11/17/ 2 2022-3186 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 2022-3186 C't_o gag 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 Simanskv • 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 • 1' 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; ZCV2O- • 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; ZCV2O-OOO97 • $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-OO29O • $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; ZCV21-00077 • $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; ZCV2O-OO124 $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-OO129 • $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; ZCV2O-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-OO159 • $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; ZCV18-00166 • $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 Dave Sanger Sr • 565 Dunmire St, Frederick • Case 21C30145; ZCV2O-OOO93 • $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 Justin Walden 4730 Kings Canyon Dr., Greeley • Case 21C31191; ZCV20-00174 • $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 Lucina Flores 112 N Grace Ave, Milliken • Case 20C31602; ZCV19-OO279 • $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 ZCV2 1-00159 Frank & Yrene Martinez OCR 55 * March 7, 2022 (daily penalty imposed) * $50 / Daily @ 140 days = $7,000.00 * May 23, 2022 — October 9, 2022 History: 05/13/2021 ZCV21-00159 Violation Initiated. 03/07/2022 Daily Penalties ($50) imposed (21-C-37057) 06/29/2022 Board of County Commissioners certified $3,875.00. 07/01/2022 Daily Penalty reminder letter sent 08/01/2022 Daily Penalty reminder letter sent. 09/01/2022 Daily Penalty reminder letter sent. 10/01/2022 Daily Penalty reminder letter sent. 11/01/2022 Daily Penalty reminder letter sent. 11/02/2022 Notice of Certification of Lien to Weld County Treasurer sent by Matthew Conroy. 11/07/2022 Inspection conducted from the road ROW Still in violation 11/14/2022 Certification of Daily Penalties hearing before Board of County Commissioners. r WELD COUNTY (l C% 55 T r .-,rr-,r,r �� ONLINE MAP l ING 0 - .. - - `-' - .. - �� legend \ al ■ ■ Parcels Roodplain Floodplain Floodplain Floodplain Floodplain Floodplain - 500 Year - 100 Year Zone - 100 Year Floodwa - 100 Year Zone - 100 Year Zone - 100 Year Zone A AE Al- AC crii3, - Preliminary Preliminary Floodplain - 500 YE Floodplain - 100 Yf \ Preliminary Floodplain - 100 Yt cr - ro u Preliminary Floodplain - 100 � `Ili Preliminary Floodplain - 100 Yt - Highway __ , R• oad Road 8 I igitwa/ _ 0 County Boundary MQ 104 , 1 : 70/015 Notes 11,669,1 0 5,834.62 11,669.2 Feet 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, WGS_1984_Web_Mercator-Auxrlrary_Sphere current or otherwise reliable © Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION RIM WELD COUNTY 0 C R 55 ONLINE MAPPING WGS _ 19 84_ Web_ M e rcat or_A uxr l nary _Sphere O Weld County Colorado This map +s 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 7293 0 364.66 729.3 Feet Legend U 1 Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A Roodplain - 100 Yea Floodwa Floodplain - 100 Yea- Zone AE Floodplain - 100 Year Zone AI- Floodplain - 100 Year Zone AC Preliminary Floodplain - 500 Y• Preliminary Floodplan - 100 Yf Preliminary Floodplain - 100 Y' Preliminary Floodplain - 100 Yt Preliminary Floodplain - 100 Y' Highway County Boundary Notes rZ WELD COUNTY ONLINl: MAPPING 0 CR 55 0 364.66 729.3 Feet 1 WGS_1984_Web_Mercator_Auxiliary_Sphere Weld County Colorado 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, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION itr S O C i,tytfrnr S Eictdldr Deryvei 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 Y« Preliminary Floodplain - 100 Y« Preliminary Floodplain - 100 Y« Preliminary Floodplain - 100 Y« Preliminary Floodplain - 100 Yi Highway County Boundary Notes 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 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 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 ort November 14.2022 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 May 23, 2022, through October 9, 2022. This period totals 140 days and amounts to $7,000.00. 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 S7.000.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $7,000.00, 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, 714414.04e GrMitftir Matthew Conroy Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED; March 14, 2022 3:54 PM Greeley, Colorado 80632 CASE NUMBER: 2021C37057 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. A FOR COURT USE ONLY A FRANK MARTINEZ and YRENE MARTINEZ, Case Number: 21-C-37057 Defendants. 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. SO ORDERED. Magistrate Randall Lococo Date March 14, 2022 Hello