HomeMy WebLinkAbout20221806.tiffRESOLUTION
RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOHN KRENZELOK
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, John Krenzelok, 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, ZCV21-00077, and upon Weld County's
motion, the County Court ordered the Defendant to pay $50.00 for each day that the property
remained in violation of the Weld County Code, beginning on March 21, 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 $3,200.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from March 21, 2022, through
May 22, 2022 (a period of 63 days), be, and hereby is, approved.
4842536 Pages: 1 of 2
07/18/2022 11:13 AM R Fee:$0.00
Carly Koppel, Clerk and Recorder, Weld County , CO
IIIIIMPJNIVRWIFINIM I WIMPOIrkliei El III II
Cc : PL(TP/rtH/ws/5v), CA NB/Km),
TR(RF), APPL.
/22
2022-1806
PL0824
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT - JOHN KRENZELOK
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of June, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dattio
Scott K. James, Chair
Weld County Clerk to the Board
Count ttorney
Date of signature: 7/7/.22
4842336 Pages: 2 of 2
07/18/2022 11:13 AM R Fee:$0.00
Carly Koppos, Clark and Reoordar, Wald County , co
III
2022-1806
PL0824
TO:
FROM:
DATE:
Board of County Commissioners
Caitlin Perry, Assistant County Attorney
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-rv' s 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 A.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
2022-1806
Olo/ZZ
PLOVA
• 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
• 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
•
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
Consuelo 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
ZCV2 1-00077
John Krenzelok
39538 BOULEVARD B
* March 21, 2022 (daily penalty imposed)
* $50 / Daily @ 63 days = $3200.00
* March 21, 2022 — May 22, 2022
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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 3, 2022
John Krenzelok
39538 Boulevard B
Eaton, CO 80615
Mr. Krenzelok:
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 29, 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 21, 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 Arne 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 March 21, 2022 through
May 22, 2022. This period totals 63 days and amounts to $3,200.00. 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 53.200.00. Such lien will have priority over all other security
interests, except for taxes. In addition to the $3,200.00, 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.
in Perry
Assistant Weld County Attorney
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 29, 2022 9:02 AM
NUMBER: 2021C34313
A FOR COURT USE ONLY
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
JOHN KRENZELOK
Defendant.
Case Number: 21-C-34313
Division: C
ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS
This matter came before the Court on March 21, 2022, for an evidentiary hearing to review
the stipulation agreed upon by the parties and ordered by the Court on November 12, 2021. Plaintiff
was represented by Assistant Weld County Attorney Caitlin Perry, and Defendant, John
Krenzelok, failed to appear. Testimony was heard from Hannah Dutrow, Weld County
Compliance Officer. Based upon the foregoing, this Court makes the following findings of fact
and conclusions of law:
1. This Court has jurisdiction over the subject matter and the parties herein. This is an
action to enforce zoning and/or building code violations within the unincorporated area of
Weld County pursuant to C.R.S. §30-28-124.5, C.R.S. §30-28-210, Weld County Code
(WCC) §23-10-40, and WCC §29-11-10(C). Defendant was properly served on September
10, 2021. Defendant consented to the Court's jurisdiction and entered into a stipulation
on November 1, 2021, which was approved and ordered by the Court on November 12,
2021.
2. Defendant owns and/or occupies the property located at 39538 Boulevard B, Eaton,
Colorado, 80615 in unincorporated Weld County (the "Property"). The Property is zoned (A)
Agricultural.
3. By stipulation, Defendant agreed that the Property was in violation of the Weld County
Code due to the continued presence of an occupied camper/trailer-RV; the storage of a
manufactured structure (mobile home); the presence of Accessory Uses without a Principal
Use including the presence of a noncommercial junkyard including, but not limited to, derelict
vehicles, tires, car parts, and other miscellaneous debris; and the addition of accessory
structures (storage buildings). Defendant further agreed to 1) submit a complete Residential or
Manufactured Building Permit application (if eligible) to permit the manufactured structure by
December 6, 2021 or if not eligible to permit the structure then remove the structure from the
property and provide evidence of relocation or destruction by December 6, 2021; 2) submit a
complete Zoning Permit for a Temp During Construction (ZPMH) to apply to permit the
temporary use of the camper/trailer-RV during construction of the residence by December 6,
2021; 3) screen using approved screening materials the noncommercial junkyard including,
but not limited to, the derelict vehicles, fluid containers, car parts, scrap materials, windows,
rafters, building materials, and other miscellaneous debris by December 6, 2021; 4) contact the
zoning compliance officer to arrange an inspection of the property; and 4) pay an initial
financial penalty in the amount of $50.00. Alternatively, instead of submitting the
abovementioned permit applications and screening the Defendant had the option to do the
following: 1) vacate the occupied camper/trailer-RV including compacting the unit and
disconnecting from utilities, or remove the camper/trailer-RV by December 6, 2021; 2) remove
the manufactured structure from the property and provide evidence of relocation or disposal
by December 6, 2021; and 3) remove the noncommercial junkyard including but not limited to
derelict vehicles, fluid containers, car parts, scrap materials, windows, rafters, building
materials, and other miscellaneous debris by December 6, 2021.
4. Weld County Compliance Officer, Hannah Dutrow has inspected the property on multiple
occasions, including most recently on March 10, 2022. As detailed by the testimony of Ms.
Dutrow, and as depicted in the photographs admitted into evidence as Exhibits A -C, the
Property still contains an unpermitted manufactured structure (mobile home), an unpermitted
occupied camper -trailer -RV, a nonconforming partially screened noncommercial junkyard
which is not allowed without a principal use, and accessory structures (storage buildings) not
allowed on the property without a principal use. In addition, the stipulated deadline, December
6, 2021, for Defendant to correct the violations expired several months ago.
5. The Court finds that the property still contains an unpermitted manufactured structure
(mobile home), an unpermitted occupied camper -trailer -RV, a nonconforming partially
screened noncommercial junkyard which is not allowed without a principal use, and accessory
structures (storage buildings) not allowed on the property without a principal use, in violation
of the Weld County Code, that none of the stipulated terms were completed by December 6,
2021 in violation of the Weld County Code and Stipulation; and thus, the defendant has
materially breached the stipulation.
6. The Defendant agreed to remedy all of the violations on the property as set forth in
the stipulation but has failed to do so. The Court finds that Plaintiff has proven by a
preponderance of evidence that the property is in violation of the Weld County Code and that
the defendant has materially breached the stipulation.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED:
7. A $50.00 per day penalty is ordered due to the continued violation, as stipulated by the
parties. The penalty will begin on March 21, 2022 and will continue until further order of this
Court.
March 29, 2022
Randall C. Lococo Date
Weld County Court Magistrate
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2022-1806
PL0824
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT - JOHN KRENZELOK
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of June, A D , 2022
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST d,) `W, :ak.
Weld County Clerk to the Board
BY
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Deputy Clerk to the Boar
Scott K James, Chair
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ttorney 'N. 257'4".
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Date of signature 7/7/.22
4842338 Para:: 2 of 2
07/18/2022.11 13 AM R Fo $0 00
Carly Koppo�ClerM end Reoor er, Weld County CO
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2022-1806
PL0824
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