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Home My WebLink About20221874.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING AND ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - GRACIELA QUINONEZ AND VERONICA GUTIERREZ 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, Graciela Quinonez and Veronica Gutierrez, 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 Building Permit Violation, BCV16-00012, and upon Weld County's motion, the County Court ordered Defendants to pay $10.00 per day that the property remained in violation of the Weld County Code, beginning on May 7, 2018, and WHEREAS, the Defendants failed to bring the property into compliance with the Weld County Code in relation to Zoning Compliance Violation, ZCV18-00258, and upon Weld County's motion, the County Court ordered Defendants to pay $10.00 per day that the property remained in violation of the Weld County Code, beginning on September 16, 2019, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: June 19, 2019: $3,340.00 for the period of July 2, 2018, through May 31, 2019; January 20, 2020: $3,200.00 for the period of June 1, 2019, through December 31, 2019, for BCV16-00012, and for the period of September 16, 2019, through December 31, 2019, for ZCV18-00258; November 16, 2020: $5,480.00 for the period of January 1, 2020, through September 30, 2020; July 7, 2021: $4,860.00 for the period of October 1, 2020, through May 31, 2021; November 15, 2021: $3,340.00 for the period of June 1, 2021, through November 15, 2021 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. 4846930 Pales: 1 of 2 08/08/2022 10:34 AM R Fee:$0.00 Carly Kopp.s, Clerk and R�oord�r, Weld County , CO VIII I��lJ7 �I 'I�l� M��rl4JI�R ��1f�«i ii 11111 CC:PL(TP/MN/t4X/oP), CA(B6/KM), TR(RF), gPPL. 2022-1874 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING AND ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - GRACIELA QUINONEZ AND VERONICA GUITIERREZ PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $3,760.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from November 16, 2021, through May 22, 2022 (a period of 188 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 29th day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELQ COUNTY, COLORADO ATTEST: diztoo je... 44 Weld County Clerk to the Board Deputy Clerk to the Boa APPR.VED ounty ` orney Date of signature: '7112- I ZZ Mi Lori Saine 4846930 Pages: 2 of 2 08/08/2022 10:54 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County CO 11111 2022-1874 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; BCV2D-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 2022-1874 PL029 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 ZCV18-00258 & BCV16-00012 Graciela Quinonez & Veronica Gutierrez 1012 16th St Building Violation * May 7, 2018 (daily penalty imposed) * $10 /Daily @ 188 days = $1880.00 * November 16, 2021 — May 22, 2022 Zoning Violation * September 16, 2019 (daily penalty imposed) * $10 / Daily @ 188 days = $1880.00 * November 16, 2021 — May 22, 2022 COMBINED total as of May 22, 2022 = $3760 i 16j; ( ST This map is a user generatedstatic 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 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 r 2,106.2 0 1,053.08 2,106.2 Feet 12JM S Al WGS_1984 Web_Mercator_Auxiliary_Sphere Weld County Colorado 100 Year AO 100 Year,AO 100 Year AE 500 Year Floodway 1: 12/637 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 a may not be accurate, current, a otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION • Dtarver Legend ■ • ■ Parcels Floodplain - Floodplain - Floodplain - Floodplain - Floodplain - Floodplain - Preliminary Preliminary Preliminary 500 Y ear 100 Year Zone A 100 Year Floodwa 100 Year Zone AE 100 Year Zone Al - 100 Year Zone AC Floodplain - 500 YE Floodplain - 100 YE Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Address Label 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 Graciela Quinonez Veronica Gutierrez 1012 E. 16`'' St. Greeley, CO 80631 Ms. Quinonez and Ms. Gutierrez: 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 May 7, 2018, the Court granted the County's Motion to Impose Daily Penalties, finding that your property was in violation of the Weld County Building Code, and ordered you to pay a daily penalty of $10.00 per day beginning on May 7, 2018 and continuing until the building violation is removed from the property. On September 16, 2019, the Court granted the County's Motion to Impose Daily Penalties, finding that your property was in violation of the Weld County Zoning Code, and ordered you to pay a daily penalty of $10.00 per day beginning on September 16, 2019 and continuing until the zoning violation is removed from the property. Upon information and belief, both the zoning and building violation still exist on your property. At a nublic bearjnp o ,bine 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 November 16, 2021 through May 22, 2022. This period totals 188 days and amounts to $3,760.00. 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 S3.760.00, Such lien will have priority over all other security interests, except for taxes. In addition to the $3,760.00, 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 Tonya Johnson at (970) 400-3529. Please feel free to contact me with any questions. R pe`tf ullyy, sc aitlm'Crerry A istant Weld County A Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE Greeley, Colorado 80632 FILING Phone Number: (970) 475-2400 CASE FILED: September 19, 2019 1:10 PM ID: 7DEF84EC88060 NUMBER: 2019C32661 ❑ FOR COURT USE ONLY ❑ BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. GRACIELA QUINONEZ and VERONICA Y. GUTIERREZ, Defendants. Case Number: 19-C-32661 Division: C Karin McDougal, #48541, Assistant County Attorney 1150 'O' Street, P.O. Box 758, Greeley, CO 80632 Phone (970) 336-7235; Fax (970) 352-0242 Email kmedougal@weldgov.com NOTICE OF DAILY PENALTIES YOU ARE HEREBY NOTIFIED that you failed to appear at your daily penalty hearing which was held on Monday, September 16, 2019. It was ordered by Magistrate Randall Lococo that a daily penalty fine of $10.00 per day is to commence as of September 16, 2019 and continue to accumulate until the property has been brought into compliance. DATED this 19th day of September, 2019. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO BRUCE T. BARKER WELD COUNTY ATTORNEY ARIN MCDOUGAL 1 #48541 ssistant Weld County Attorney CERTIFICATE OF DELIVERY I certify that on the 19th day of September, 2019, a true copy of this NOTICE OF DAILY PENALTIES was delivered via U.S. mail to: Graciela Quinonez 1012 E. 16th Street Greeley, CO 80631 DATED this 19th day of September, 2019. Veronica Gutierrez 1012 E. 16th Street Greeley, CO 80631 Hello