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Home My WebLink About20221808.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING AND ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ROLANDO AND ELOISA CASTILLO 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, Rolando and Eloisa Castillo, 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, BCV20-00048, and Zoning Compliance Violation, ZCV20-00023, and upon Weld County's motion, the County Court ordered the Defendants to pay $25.00 for each day that the property remained in violation of the Weld County Code, beginning on October 12, 2021, and WHEREAS, on November 15, 2021, the Weld County Board of Commissioners certified daily penalties for $875.00 for the period of October 12, 2021, through November 15, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $4,700.00 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. 4842538 Pages: 1 of 2 07/18/2022 11:13 AM R Fee:$0.00 Carly Kopp•s, clerk and Rsoordar, Wald County , co 11111 cc: PL(TP/MN/WS/SP), CA(uA/KHq TR (RF), 13X CRA), APPL. V/s /a-2 2022-1808 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING AND ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ROLANDO AND ELOISA CASTILLO 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: da144A) ;(1 Weld County Clerk to the Board ounty Attu ney Date of signature: 7/712.2- 4842538 Pages: 2 of 2 07/18/2022 11:13 AM R Fee:$0.00 Carly Kappa., Clerk end Rewarder, Wald County , CO II III Scot f K. James, Chair Mi man, Pro -Tern 2022-1808 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 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; ZCV 19-00290 • $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 2022-1808 Ol012Z PLOgZ� • 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 BCV2O-00048 Rolando and Eloisa Castillo 8588 CR 21 * October 12, 2021(daily penalty imposed) * $25 / Daily @ 188 days = $4700.00 * November 16, 2021— May 22, 2022 "PP WELD COUNTY C 1�gyennt sielit ONLINE MAI'L'ING 8588 CR 21, Ft Lupton Lupton 1/2.: r rt Cabins >,_ Is Denver Legend Ckl . • .. Parcels Highway -' _ O County Boundary , 1 1 ate. t r rY iI • 1. nl%i. µl ,• 9U ,.. .. #06 4F - ;e ; , l d r'; •+k e rw -d' ••,e,„I.4 +, Ih 6;,Lie;,? -' .. -ter.--__- -- --- ----. _ _ «.. 1: 1,580 fl Notes 263.3 0 131.63 263.3 Feet This map is a user generated static output from an Internet mapping site and is for Data layers reference only that appear on this map may or many 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 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 l�, • �..PPP ...; i 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 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 Rolando and Eloisa Castillo 4598 Eugene Way Denver, CO 80239 Mr. and Mrs. Castillo: 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 October 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 $25.00 per day beginning on October 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 ort)une 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 $4,700.00. 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 54.700.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $4,700.00, 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, Caitlin Perry ssistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, CO 80632 Phone Number: (970) 475-2400 DATE FILED: October 19, 2021 12:53 PA, CASE NUMBER: 2021C31829 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. ROLANDO CASTILLO and ELOISA CASTILLO, Defendants. ♦ FOR COURT USE ONLY A Case Number: 21-C-31829 Division: C ORDER IMPOSING DAILY PENALTIES This matter came before the Court on October 12, 2021 for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on June 14, 2021. Plaintiff was represented by Assistant Weld County Attorney Bob Choate. Defendants Rolando Castillo and Eloisa Castillo failed to appear. The 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 building code violations within the unincorporated area of Weld County pursuant to C.R.S. §30-28-124.5 and Weld County Code (WCC) §23-10-40, and C.R.S. §30-28-210 and WCC §29-11-10. Defendants consented to the Court's jurisdiction and entered into a stipulation which was approved and ordered by the Court on June 14, 2021. 2. Defendants owns or occupy the property located 8588 County Road 21, Fort Lupton, Colorado, in unincorporated Weld County (the "Property"). 3. By stipulation, Defendant agreed that the Property was in violation of the Weld County Zoning Code due to the presence of a non-commercial junkyard consisting primarily of building materials, iron/metal and miscellaneous debris, as well as the presence of more than 4 animal units per acre without appropriate zoning permits. Defendants also agreed that the Property was in violation of the Weld County Building Code due to completion of electrical work and outdoor light poles being installed without first obtaining a building permit. 4. The Court finds that the property is still being used in violation of the Weld County Zoning Code and the Weld County Building Code, and further that the defendants have materially breached the stipulation. By stipulation, the defendants agreed to remove the junk or completely screen it from adjacent properties and rights of way. The Court finds that while the defendants have partially screened the junk on the Property, it is not completely screened. Defendants further agreed to either reduce the number of animal units or submit a Use by Special Review (USR) permit application. The Court finds that the defendants have done neither. Defendants further agreed to submit a building permit application for the electrical work. The Court finds that the defendants have not complied with the building permit requirements and it has now expired without being approved. Finally the Defendants agreed to arrange for an inspection by the Zoning Compliance Officer. The Court finds they have failed to do so. 5. The Defendants agreed to remedy the violations on the Property as set forth in the stipulation, but have 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 defendants have materially breached the stipulation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 6. A $25.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty begins on October 12, 2021 and will continue until further order of this Court. SO ORDERED. Magistrate Randall ,ococo (CC711- October 19, 2021 Date Hello