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Home My WebLink About20222692.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CONSUELO HERNANDEZ 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, Consuelo Hernandez, 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, ZCV20-00215, and upon Weld County's motion, the County Court ordered the Defendant to pay $20.00 for each day that the property remained in violation of the Weld County Code, beginning on July 12, 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. WHEREAS, at a hearing held on the 22nd day of June, 2022, the Board of County Commissioners of Weld County, Colorado, found 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 continued to September 21, 2022, at 9:00 a.m., to allow the property owner further time to being the site into compliance, and WHEREAS, at a hearing held on the 21st day of September. 2022, the Board of County Commissioners of Weld County, Colorado, found that the Certification of $5,560.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from November 16, 2021, through August 21, 2022 (a period of 278 days), be, and hereby, is approved. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $5,560.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from November 16, 2021, through August 21, 2022 (a period of 278 days), be, and hereby, is approved. 4859199 Pages: 1 of 2 CC:PLC'TP/' W/ws/MP) CA(L3B/KM) 10/04/2022 01:00 PM R F..:$0.00 TR(RF), A PPL. Carly Kopp., Clark and Recorder, Weld County , CO VIII IN AM �M VOA w' h� Ikl+W�h �I ill 1O/'q/10/110.2. 2022-2692 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CONSUELO HERNANDEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of September, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WEED COUNTY, COLORADO ATTEST: diadiA) jelea;vk Weld County Clerk to the Board County A orney Date of signature: 9129/22 4859199 Pages: 2 of 2 10/04/2022 01:00 PM R Fee:$0.00 Carly Kcppes Clerk and Reoorder, Weld County , CO 11111 cott K. James, Chair 2022-2692 PL0824 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 August 29, 2022 Consuelo Hernandez PO Box 462 Fort Lupton, CO 80621 Ms. Hernandez: 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 July 19, 2021, the Court found that your property was in violation of the Weld County Code due to the presence of cargo containers and a noncommercial junkyard. The Court ordered you to pay a daily penalty of $20.00 per day and an initial penalty of $25 beginning on July 12, 2021 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 September 21. 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 November 16, 2021, through August 21, 2022. This period totals 278 days and amounts to $5,560.00. 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 $5.560.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $5,560.00, 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, Matthew Conroy Assistant Weld County Attorney Enclosure 0 N N m C m Ui 2 Cl a LAI a P- U.S. Postal ServiceTM CERTIFIED MAIL,.:, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com:_,3, rVr1T• Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postage Postmark Here Sent To Consuelo Hernandez Street, Apt No.; or PO Box No. PO Box 462 City, State, ZIP+4 Fort Lupton, CO 80621 PS Form 3800. June 2002 See Reverse for Instructions SENDER: COMPLETE THIS SECTION -'J • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Consuelo Hernandez PO Box 462 Fort Lupton, CO 80621 11111111111111111111111111111 1111111111111111 9590 9402 6749 1074 1326 51 COMPLETE THIS SECTION ON DELIVERY A. Signature X ELeenOlve Cf B. Received by (Printed Name) Ce),%-'54.1,e# Le Rvektits#14'2 ❑ Agent ❑ Addressee C. Dat of [delivery X21 gi D. Is delivery address different from item 1? O 't S If YES, enter delivery address below: ❑ No 2. Article Number (Transfer from service label) 7005 1160 0001 4538 3770 3. Service Type ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mail® ''Certified Mail Restricted Delivery ollect on Delivery ❑ Collect on Delivery Restricted Delivery ❑ Insured Mail ❑ Insured Mail Restricted Delivery (over $500) ❑ Priority Mail Express® ❑ Registered MaiITM ❑ Registered Mail Restricted XDelivery Signature ConfirmationTM ❑ ignature Confirmation Restricted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: July 19, 2021 4:05 PM Greeley, Colorado 80632 CASE NUMBER: 2021C31839 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 Consuelo Maria Hernandez, Case Number: 21-C-31839 Defendant. Division: C DEFAULT JUDGMENT This matter came before the Court on July 12, 2021 for a return date on summons. Plaintiff was represented by Assistant Weld County Attorney Gabriel Kalousek, and Defendant failed to 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. Defendant was properly served on April 19, 2021. Defendant failed to appear for the return date on summons on July 12, 2021 and no Answer has been filed. As a result, this Court enters default judgment against the Defendant. 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 Weld County Code. 3. Defendant owns the property located at 3223 CR 19, Weld County, Colorado. This Court has jurisdiction over the property. The property is being used in violation of the Weld County Building Code. Specifically, the property is in violation due to the presence of cargo containers and a noncommercial junkyard. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. The Defendant is in default. 2. A $20.00 per day penalty is ordered due to the continued violation. The penalty will begin on July 12, 2021 and will continued until further order of this Court. 3. A $25.00 initial penalty is ordered due to the violation. July 19, 2021 Magistrate Randall Lococo Date TO: Board of County Commissioners FROM: Caitlin Perry, Assistant County Attorney DATE: June 22, 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. Susan Beasley Andres Benjamin Hernandez Jr. • 17930 CR 12, Fort Lupton • 11523 Christian St., Fort Lupton • Case 21C31827; ZCV20-00097 • Case 22C30195; ZCV21-00290 • $50 daily penalties ordered to begin 02/07/22 • $40 daily penalties ordered to begin 03/07/22 • Violations: occupied camper/trailer-rv; multiple • Violations: visible noncommercial junkyard within the derelict vehicles and camper/trailer-Ws that are floodplain unscreened and/or not owned by Ms, Beasley • Property is still in violation • Property is still in violation • $40/day x 77 days + $50 initial penalty = $3,130 • $50/day x 105 days + $50 initial penalty = $5,300 Vince Holton John Krenzelok • 22795 Hwy 392 • 39538 Boulevard B, Eaton • Case 21C37085; ZCV20-00078 • Case 21C34313; ZCV21-00077 • $10 daily penalties ordered to begin 03/07/22 • $50 daily penalties ordered to begin 03/21/22 • Violations: storage of a mobile home without a permit • Violations: unpermitted manufactured structure, • Property is still in violation occupied camper/trailer-rv, nonconforming • $10/day x 77 days + $25 initial penalty = $795 noncommercial junkyard w/o a principal use, accessory structures without a principal use • Property is still in violation $50/day x 63 days + $50 initial penalty = $3,200 The next seven 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. Bruce Brotemarkle • 1708 CR 32, Platteville • Case 20C32497; ZCV19-00290 • $50 daily penalties ordered to commence 12/10/20 Charles Bennett and Manuel Gallegos • 1100 Fern Ave., Greeley • Case 17C36110; ZCV17-00017 • $25 daily penalties ordered to begin 07/09/19 Page 1 of 2 CHIP/Z Z • Violations: noncommercial junkyard, persons living in • Camper/RV • Last certification for this property was 2/14/22 • Property is still in violation $50/day x 97 days = $4,850 Rolando and Eloisa Castillo • 8588 CR 21, Fort Lupton • Case 21C31829; BCV20-00048/ZCV20-00023 • $25 daily penalties ordered to begin 10/12/21 • Violations: noncommercial junkyard, too many animals on site, and electrical work completed without an electrical permit • Last certification for this property was 11/15/21 • Property is still in violation • $25/day x 188 days = $4,700 Christina Elam and Donald Harris • 20453 CR 54, Greeley • Case 17C30784; ZCV16-00129 • $20 daily penalty ordered to begin 08/07/17 • Violations: noncommercial junkyard, persons living in Camper/RV • Last certification for this property was 11/15/21. • Property is still in violation • $20/day x 188 days = $3,760 • • • Violations: unpermitted commercial business (truck • parking, salvage / storage yard, tire sales), persons living in camper/RV Last certification for this property was 11/15/21 Property is still in violation $25/day x 188 days = $4,700 Jerry Dill and Lynne Kelly • 3108 O St., Greeley • Case 21C32551; ZCV20-00124 • $10 daily penalties ordered to begin 08/20/21 Violations: unpermitted mobile home, unpermitted commercial storage business, unpermitted commercial vehicles, noncommercial junkyard, derelict vehicles • Last certification for this property was 11/15/21 • Property is still in violation • $10/day x 188 days = $1,880 • 4Consuelo Hernandez • 3223 CR 19, Ft. Lupton • Case 21C31839; ZCV20-00215 • $20 daily penalties ordered to begin 07/12/21 • Violations: noncommercial junkyard, installation of multiple cargo containers without building permits • Last certification for this property was 11/15/21 • Property is still in violation • $20/day x 188 days = $3,760 Aryan Kiani and Matthew Irvin • 331 Dunmire Street, Frederick • Case 20C30918; ZCV19-00192 • $25 daily penalties ordered to begin 10/22/20 • Violations: noncommercial junkyard, derelict vehicles • Last certification for this property 11/15/21 • Property is still in violation • $25/day x 188 days = $4,700 Page 2 of 2 ZCV2O-OO2 15 Consuelo Hernandez 3223 CR 19 * July 12, 2021 (daily penalty imposed) * $20 / Daily @ 188 days = $3760.00 * November 16, 2021 — May 22, 2022 • 417 WELD COUNTY ONLINE MAPPING 322 B CR 19 364,7 WGS_1984 Web_Mercator_Auxiliary._Sphere © Weld County Colorado 182,33 364.7 Feet 1114.4.4 .YM.01YiweiY�.M y�.�yy�`I ly t - r, 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 s • • t a a O 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 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Highway County Boundary Notes WELD COUNTY gar ()NLINr N1AI'I'INC7 Vicinity Ma C) 5;834.6 0 WGS _ 1 a 84_Web_Mercator_Auxil iary_Sphere © Weld County Colorado 2,917.31 5,834.6 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, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION r • • • Boulder l0 Der ve, r; > 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 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Highway City Limits - Extended al Ault Berthoud Brighton Dacono Eaton Erie Evans Firestone Fort Lupton Frederick Garden City Gllcrest • T'" WELD COUNTY Vicinity Y C7NLINL MAPPING Ma C) WGS_1984 Web_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 5,834.6 0 2,917.31 5,834.6 Feet ■ s Legend Parcels Floodplain - Floodplain - Floodplain - Floodplain - Floodplain - Floodplain - Preliminary Preliminary Preliminary Preliminary Preliminary Highway City Limits - 500 Year 100 Year Zone A 100 Year Floodwa 100 Year Zone AE 100 Year Zone Ai - 100 Year Zone AC Floodplain - 500 YE Floodplain - 100 YE Floodplain - 100 YE Floodplain - 100 YE Floodplain - 100 YE Exten ded Ault Berthoud Brighton Dacono Eaton Erie Evans Firestone Fort Lupton Frederick Garden City Gilcrest 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 June 3, 2022 Consuelo Hernandez PO Box 462 Fort Lupton, CO 80621 Ms. Hernandez: 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 July 19, 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 $20.00 per day and an initial penalty of $25 beginning on July 12, 2021 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 hearine orn,lune 22.2022 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 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 53.760,00. 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 Bethany Pascoe at (970) 400-3555. Please feel free to contact me with any questions. Re ectfully, yv iv Ca` in Perry Ssistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE I tt.I D July 19, 2021 4:09 PM Greeley, Colorado 80632 CASE NUMlt1:R: 2021931839 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v, Consuelo Maria Hernandez, ♦ FOR COURT USE ONLY Case Number: 21-C-31839 Defendant. Division: C DEFAULT JUDGMENT This matter came before the Court on July 12, 2021 for a return date on summons. Plaintiff was represented by Assistant Weld County Attorney Gabriel Kalousek, and Defendant failed to 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. Defendant was properly served on April 19, 2021. Defendant failed to appear for the return date on summons on July 12, 2021 and no Answer has been filed. As a result, this Court enters default judgment against the Defendant. 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 Weld County Code. 3. Defendant owns the property located at 3223 CR 19, Weld County, Colorado. This Court has jurisdiction over the property. The property is being used in violation of the Weld County Building Code. Specifically, the property is in violation due to the presence of cargo containers and a noncommercial junkyard. Magistrate Randall Lococo IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. The Defendant is in default. 2. A $20.00 per day penalty is ordered due to the continued violation. The penalty will begin on July 12, 2021 and will continued until further order of this Court. 3. A $25.00 initial penalty is ordered due to the violation. July 19, 2021 Date Hello