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Home My WebLink About20221873.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - GABRIEL ROCHA 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, Gabriel Rocha, 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, ZCV20-00144, and upon Weld County's motion, the County Court ordered the Defendant to pay $25.00 for each day that the property remained in violation of the Weld County Code, beginning on December 14, 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 $4,050.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from December 14, 2021, through May 22, 2022 (a period of 160 days), be, and hereby is, approved. 4846929 Pages: 1 of 2 08/08/2022 10:54 AM R Fee:$0.00 inn c c'. PL('rP/Mw/. ./GP), CA(6S/KH), TRL(Rc), APPL V/26/22 2022-1873 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - GABRIEL ROCHA PAGE 2 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 WELD COUNTY, COLORADO ATTEST: dithit) G jdo:vi Weld County Clerk to the Board BY: OA Deputy Clerk to the Boa APP a' D AS ounty Att- Bey Date of signature: iIfZIZZ Lori Sai e c K. James, Chair eeman, Pro -T 4846929 Pages: 2 of 2 08/08/2022 10:54 AM R Fee:$0.00 iiiiiialiilifilliiiiiilailianillAllik ld CountCO�lian l l:l M'ik 11111 2022-1873 PL0824 TO: FROM: DATE: Board of County Commissioners Caitlin Perry, Assistant County Attorney 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 • 2717 49th Street, Evans • Case 21C33085; BCV20-00071; ZCV20-00287 • $10 daily penalties ordered to begin 12/13/21 • Violations: multiple unpermitted detached accessory structures that do not meet setbacks, offsets, or lot coverage; multiple on site commercial vehicles & equipment • Property is still in violation • $10/day x 161 days + $35 initial penalty = $1,645 Frank and Yrene Martinez • County Road 55 parcel no. 029733400009 • Case 21C37057; ZCV21-00159 • $50 daily penalties ordered to begin 03/07/22 • Violations: accessory uses without a principal use including a noncommercial junkyard; multiple commercial vehicles, accessory structures, & an occupied camper/trailer RV • Property is still in violation • $50/day x 77 days + $25 initial penalty = $3,875 Michael and Maria Quinlan • 32405 Highway 14, Ault • Case 22C30031; ZCV21-00283 • $100 daily penalties ordered to begin 04/11/22 • Violations: presence of a commercial tow yard in the agricultural zone district • Property is still in violation $100/day x 42 days + $100 initial penalty = $4,300 abriel Rocha • Nancy Avenue Parcel no. 130927110003 • Case 21C31841; ZCV20-00144 • $25 daily penalties ordered to begin 12/14/21 • Violations: construction of 2 detached accessory buildings that exceed lot coverage and without a permitted and installed principal dwelling unit • 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 2022-1873 Pl, OZLI 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 ZCV2O-OO144 Gabriel Rocha 15819 Nancy Ave * December 10, 2020 (daily penalty imposed) * $25 per Day + $50 IP @ 160 days = $4050.00 * December 14, 2021— May 22, 2022 ONLINE MAPPING WELD ail7rilli WELD COUNTY 15819 NanoAve r. hey ft. nne 1'latte dilr 1 m "Atris 0) WCR 24 en Cr ' i"�. WCR-22-112 , 1\ U G �� T y M••-� ' "lF -- WCR-22+ Legend Parcels L. ? I Highway tin n' r. Ili Road -WCR-2 0 Ce 0 i r Road Highway --WCR 18 112-- -- ! O County Boundary a) M WC -T18- to- V a •�rwlErr��l --4 WCR 16 .._ �IrtrllMMlll�� rl�lr '-- WCR-16 C i --1 - WCR 14 3/'4 WCR 14 1/2 , CC 0 0 F s ' M W 1,Z CC WC R '14 .,rt Lupton CC L) r. Ire iMvIYasYR U 14 -- .� SION .. on r--p-W X VVCR s 0-) N M 10 CC CR-12— r t iQ ` .. C) ° WC R-12-- 12 -- WCR 12 ,. 1:2 V a M WCR 10 1%2 r Li i I a 1: 70/015 Notes WGR 10 WCR' 10a 11,669.2 0. 5,834.62 11 669.2 Feet This map is a user generated static output horn an Internet mapping site and is for i reference only Data layers that appear on this map may or may not he accurate, ','JGS_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 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 14, 2022 Gabriel Rocha 7703 Woodruff St. Fort Lupton, CO 80621 Mr. Rocha: 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 December 22, 2021, 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 $25.00 per day along with an initial penalty of $50.00 beginning on December 14, 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 ,June 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 "0" Street, Greeley, CO 80631. The hearing will address the penalties for the period from December 14, 2021 through May 22, 2022. This period totals 160 days and amounts to $4,050.00. 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 54.050.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $4,050.00, 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, in Perry Assistant Weld County Attor Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038,DATE FILED: December 22, 2021 10:02 AM Greeley, CO 80632 CASE NUMBER: 202IC31841 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, GABRIEL ROCHA, Defendant. A FOR COURT USE ONLY A Case Number: 21-C-31841 Division: C ORDER IMPOSING DAILY PENALTIES This matter came before the Court on December 14, 2021 for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on June 18, 2021. Plaintiff was represented by Assistant Weld County Attorney Bob Choate. Defendant Gabriel Rocha appeared pro se with an interpreter. 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. Defendant consented to the Court's jurisdiction and entered into a stipulation which was approved and ordered by the Court on June 18, 2021. 2. Defendant owns or occupy the property located on Nancy Avenue, near 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 construction of multiple structures without first receiving building permits, which exceed the amount of lot coverage allowed by the Weld County Zoning Code. Defendant agreed to submit a building permit including proof of water for the principal dwelling by August 3, 2021. Defendant also agreed to reduce the size of the structures on site and apply for a variance to the offset of the building, or alternatively to apply for a use by special review (USR) permit to allow for the larger structures and exceed the lot coverage limitations. 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 Defendant has materially breached the stipulation. The Court finds that while the Defendant submitted a building permit including proof of water, he did not remove or reduce the size of any structure on site; nor did he apply for a variance or a USR permit. 5. The Defendant agreed to remedy 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: 6. A $25.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty begips on December 14, 2021 and will continue until further order of this Court. December 22, 2021 Magistrate Randall Lococo Date Hello