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Home My WebLink About20223129.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING AND ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - LUIS LOPEZ 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, Luis Lopez, 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 Building Permit Violation, BCV20-00071, and Zoning Compliance Violation, ZCV20-00287, and upon Weld County's motion, the County Court ordered the Defendant to pay $10.00 for each day that the property remained in violation of the Weld County Code, beginning on December 13, 2021, and WHEREAS, the Board of County Commissioners previously approved the certification of $1,645.00 to the Weld County Treasurer for the daily penalties accruing period from December 13, 2021, through May 22, 2022, and WHEREAS, on the 8th day of August, 2022, the Defendant paid $1,645.00 to the Weld County Treasurer, 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 $1,400.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from May 23, 2022, through October 9, 2022 (a period of 140 days), be, and hereby is, approved. 4868043 Pages: 1 of 2 11/2Carly1/2022 Kopp., 1Clerk 0 and R oordar,,OWald county , co Cc: PL(TP/KWf _/130),CA(88/#1'3, 2022-3129 IYUrJRIC X0110101FY LI "Ill TRCRF), APPI.. PL0824 �2 (i /22_ CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING AND ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - LUIZ LOPEZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of November, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifm) jCldo%ok, Weld County Clerk to the Board Coun y s_'• rney Date of signature: 1 (/I e /2 4868043 Pages: 2 of 2 11/21/2022 11:00 AM R Fee:$0.00 Carly Koppea, Clerk and Reoorder, Weld County , CO 11111 ott K. James, Chair 2022-3129 PL0824 TO: Board of County Commissioners FROM: Matt Conroy, Assistant County Attorney DATE: November 9, 2022 SUBJECT: Special Assessment Certifications for Zoning and Building Violations. As you know, we periodically request your certification of certain civil penalties as special assessments to be collected along with property taxes. All these requests are based upon orders issued from the Weld County Court after internal review by the Department of Planning Services and the County Attorney's Office. In most cases, the property owner admits that there is a violation of the Weld County Code, agrees to pay an initial fine, and also agrees to a plan with deadlines to fix the issue. This plan becomes an order of the court. Even after the deadlines pass, staff works with property owners who are making good faith efforts to fix the problem and does not ask the court to enforce the agreement by entering a daily penalty order. If the deadlines pass and no significant progress is made, then the County Attorney asks the court for a hearing where we prove that the violation still exists, and the property owner hasn't done what they agreed to do. In other cases, the daily penalty was ordered after the County proved the violation to the court at trial, or the property owner refused to engage with the court process and a default judgement was issued. Once the property owner fixes the problem and has paid the initial fine, Planning Services closes the violation, and the County Attorney files a motion with the court to waive any penalties not certified to the Treasurer and dismiss the case. Per Weld County Code section 23-10-40(A), any penalties not paid within 30 days may be certified to the County Treasurer as a special assessment. As such, all requested certifications are for the period from either the date of the court order or the last certification through October 9, 2022. Hearings Scheduled for 11/9/22 The first four cases we have today have never been certified by the Board as a special assessment, though the first has come before the Board several times in the past. New Certifications Jesus Vega 1707 Cedar Ave Case 19-C-30835; ZCV18-00172 $50 daily penalties beginning 9/2/22 Violations: Commercial trucking and storage operation without an approved Site Plan Review as well as presence of derelict passenger vehicles Penalties waived by the Board 2/23/22 and then suspended by the Court until Jose Mendoza • 1401 N 260 Ave, Greeley • Case 22-C-31938; ZCV21-00349 • $25 daily penalty beginning 9/19/22 after daily penalty hearing Violations: Noncommercial junkyard including derelict vehicles and other debris 21 days x $25/day = $525 2022-3129 pLo8.04 9/1/22 with the assumption that a site plan review would be completed. [2022- 0645] • No SPR as of 9/1/22 so suspension lifted, and penalties reimposed. • 37 days x $50/day = $1,850 Baudel Tortoledo Hernandez Charles Simanskv • 15125 Good Ave, Fort Lupton 80621 • 40751 County Road 68 • Case 22-C-30184; ZCV21-OO14O • Case 22-C-30037; ZCV19-00292 • $25 daily penalty beginning 6/6/22 after • $10 daily penalty beginning 7/11/22 after daily penalty hearing daily penalty hearing • Violations: accessory structures built • Violations: Storage of a mobile home without permits and exceeding maximum • Still in violation and no new permits have allowed lot coverage been applied for. • 126 days x $25 per day = $3,450 • 91 days x $10/day = $910 The next four cases were all previously certified in June 2022. Previously Certified Rolando and Eloisa Castillo Graciela Quinonez and Veronica Gutierrez • 8588 CR 21, Fort Lupton • 1St case: 17C37227; BCV16-00012 • Case 21C31829; BCV20-00048/ZCV20- • $10 daily penalty beginning 05/17/18 00023 • Violations: unpermitted structures not • $25 daily penalties beginning 10/12/21 meeting setback requirements • Violations: noncommercial junkyard, too • 2"d case: 19C32661; ZCV18-00258 many animals onsite, and electrical work • $10 daily penalty beginning 09/16/19 completed without a permit • Violations: noncommercial junkyard and • Certified on 06/22/22 through 05/22/22 derelict vehicles [2022-1808] • Certified 06/29/22 through 05/22/22 • Property is still in violation [2022-1874] • 140 days x $25/day = $3,500 • 140 days x $20/day = $2,800 Luis Armando Lopez Bruce Brotemarkle • 2717 49th Street, Evans • 1708 CR 32, Platteville • Case 21C33085; BCV20-00071; ZCV2O- • Case 20C32497; ZCV19-00290 00287 • $50 daily penalties ordered to begin • $10 daily penalties beginning 12/13/21 12/10/20 • Violations: multiple unpermitted detached accessory structures that do • Violations: noncommercial junkyard, occupied camper/RV not meet setbacks, offsets, or lot • Certified 6/22/22 through 5/22/22 [2022 - coverage requirements; multiple onsite 1807] commercial vehicles and equipment • Property is still in violation • Certified $1645 on 06/29/22 through • 140 days x $50/day = $7,000 05/22/22. Paid $1645 on 8/8/22. [2022- 1870]. • Property is still in violation. • 140 days x $10/day = $1,400 Hearings Scheduled for 11/14/22 The 14 cases here have all been previously certified by the Board as a special assessment. Previously Certified Susan Beasley 17930 CR 12, Fort Lupton Case 21C31827; ZCV20-OOO97 $50 daily penalties ordered to begin 02/07/22 Violations: occupied camper/trailer-rvs; unscreened derelict vehicles and camper/trailer-rv's Property is still in violation Certified 06/22/22 through 05/22/22 [2022-1803] 140 days x $50/day = $7,000 Andres Benjamin Hernandez Jr. 11523 Christian St., Fort Lupton Case 22C30195; ZCV21-OO29O $40 daily beginning 03/07/22 Violations: visible noncommercial junkyard within the floodplain Certified 6/22/22 through 05/22/22 [2022-1804] Property is still in violation 140 days x $40/day = $5,600 Vince Holton • 22795 Hwy 392 • Case 21C37085; ZCV20-00078 • $10 daily penalty beginning 03/07/22 • Violation: storage of a mobile home without a permit Certified on 06/22/22 through 05/22/22 [2022-1805] Property is still in violation 140 days x $10/day = $1,400 John Krenzelok 39538 Boulevard B, Eaton Case 21C34313; ZCV21-00077 $50 daily penalty beginning 03/21/22 Violations: unpermitted manufactured structure, occupied camper/trailer-rv, noncommercial junkyard without a primary use, accessory structures without a primary use Certified on 06/22/22 through 05/22/22 [2022-1806] 140 days x $50/day = $7,000 Jerry Dill and Lynne Kelly • 3108 O Street, Greeley Case 21C32551; ZCV20-OO124 $10 daily penalties beginning 08/20/21 Violations: unpermitted mobile home, unpermitted commercial storage business, unpermitted commercial vehicles, noncommercial junkyard and derelict vehicles Certified on 06/22/22 through 05/22/22 [2022-1809] 140 days x $10/day = $1,400 Christina Elam and Donald Harris • 20453 CR 54, Greeley • Case 17C30784; ZCV16-OO129 • $20 daily penalty beginning 08/07/17 Violations: noncommercial junkyard, persons living in camper/ry Certified on 06/22/22 through 05/22/22 [2022-1810] 140 days x $20/day = $2,800 Consuelo Hernandez • 3223 CR 19, Fort Lupton • Case 21C31839; ZCV20-00215 Aryan Kiani and Matthew Irvin • 331 Dunmire St, Frederick • Case 20C30918; ZCV19-00192 • $20 daily penalty beginning 07/12/21 • Violations: noncommercial junkyard, installation of multiple cargo containers without building permits • Certified on 09/21/22 through 08/21/22 [2022-2692] • 49 days x $20/day = $980 • $25 daily penalties beginning 10/22/20 • Violations: noncommercial junkyard and derelict vehicles • Certified on 06/22/22 through 05/22/22 [2022-1812] • 140 days x $25/day = $3,500 Frank and Yrene Martinez County Road 55 parcel no 029733400009 Case 21C37057; ZCV21-00159 $50 daily penalties beginning 03/07/22 Violations: accessory uses without a principal use including a noncommercial junkyard; multiple commercial vehicles, accessory structures, and occupied camper/trailer RVs Certified on 06/29/22 through 05/22/22 [2022-1871] 140 days x $50/day = $7,000 Mahic Sabahudin and Melina Sabanovic Unbuilt lot on Good Avenue, Ft. Lupton Case 08C37496; ZCV18-00166 $25 daily penalty beginning 08/05/19 Violations: noncommercial junkyard, persons living in camper/RV Certified on 06/29/22 through 05/22/22 [2022-1875] 140 days x $25/day = $3,500 Jesus Salas and Tiffany Brown 15979 Nancy Ave, Ft. Lupton Case 21C33090; ZCV21-00001 $25 daily penalties beginning 09-03-21 Violations: noncommercial junkyard, derelict vehicles, unpermitted semi- trailers Certified on 06/29/22 through 05/22/22 [2022-1876] 140 days x $25/day = $3,500 Dave Sanger Sr 565 Dunmire St, Frederick Case 21C30145; ZCV20-00093 $10 daily penalties beginning 05/12/21 Violations: noncommercial junkyard, installation of cargo container without building permits Certified on 06/29/22 through 05/22/22 [2022-1877] 140 days x $10/day = $1,400 Justin Walden 4730 Kings Canyon Dr., Greeley Case 21C31191; ZCV2O-OO174 $25 daily penalties beginning 09/29/21 Violations: noncommercial junkyard, derelict vehicle Certified on 06/29/22 through 05/22/22 [2022-1878] 140 days x $25/day = $3,500 Lucina Flores • 112 N Grace Ave, Milliken • Case 20C31602; ZCV19-00279 • $25 daily penalties beginning 08/04/21 Violations: Exceeding maximum allowable lot coverage and too many animals on the property Certified on 07/18/22 through 06/15/22 [2022-2018] 116 days x $25/day = $2,900 ZCV20-00287 & BCV2O-00071 Luis Armando Lopez 2717 49TH ST * December 22, 2001 (daily penalty imposed) * $10 / Daily @ 140 days = $1400.00 * May 22, 2022 — October 9, 2022 Hisjory: 12/18/2020 ZCV20-00287 Violation case initiated 12/23/2020 Violation Notification letter sent 03/04/2021 Notice of Intent to Proceed letter sent 03/22/2021 ZCV20-OO287 violation case forward to the County Attorney's Office 08/09/2021 DVSN C (21-C-33085) approved a continuance 09/14/2021 Motion, Stipulation and Order entered by DVSN C (21-C-33085) 12/22/2021 Daily Penalties ($10 00 per day) imposed by DVSN C 06/29/2022 Board of County Commissioner certified $1,645 00 to Treasurer's Office 07/01/2022 Daily Penalty Reminder letter sent 08/05/2022 Daily Penalty Reminder letter sent 09/01/2022 Daily Penalty Reminder letter sent 10/03/2022 Daily Penalty Reminder letter sent 10/26/2022 Notice of Certification of Lien to weld county Treasurer letter sent by Matthew Conroy 11/01/2022 Daily Penalty Reminder letter sent 11/09/2022 Certification of Daily Penalties hearing before Board of County Commissioners History; 01/26/2021 BCV20-00071 Violation case initiated 01/26/2021 Violation Notification letter sent 03/23/2021 Notice of Intent to Proceed letter sent 06/04/2021 BCV20-00071 forwarded to the County Attorney's Office 09/14/2021 While both cases were submitted to the DVSN C Magistrate it was determined ZCV20-00287 violation addressed all code violations and therefore BCV20-00071 was not heard by the DVSN C magistrate. The BCV20-00071 violation remains open. r r ..'� .. I ,� 1 ♦ }C�� .' -�r -: :fir.• —*Ds: ••-T-- - '-. T .,• _= ICr C" r1`ti r�- r• . •.r (� ' :��II F ..a+ r fro ;' �L�TI,_. 2 : 4 CI I�' +it ` 1i l __I Nom. .f 1 _ �N _ f _ / L. �. III I' r.•' �i�'_ .. _r.-rr.:11 •. '• L 'T.I� 1 u. . - -.l - • 4,1O:;;A) ar- -5-. r' ref.,T W_ —.r — / ?I re r I .J ' "R`3,102 3 ,0�-•t,�o 23,02 5422 U. 4-1 00 Cr 43 112 3'613'8 3037842.17 8`1234212. 412.$4 263 42.6?6 440 44.1'7) 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 Budding Coverage Calculator for A/E subdivisions/townsites without drainage plans Address Zone District Lot acreage Coverage (%) Coverage allowance (SF) Existing buildings Building 1 Budding 2 Budding 3 Building Budding 5 Building 6 Total existing Coverage remaining Proposed buildings New Budding 1 New Budding 2 New Building 3 New Budding 4 Total proposed Coverage remaining Address A 100 10 0% 4,356 acres sq ft 2,065 house 1,034 y•-',5,- 3,587 Ag 6d9 2,100 A9-.,5 8,787 I (4,431) (4,431) sg ft sg ft sg ft sg ft Zones A & E = Building Coverage (structures only) All other zones = Lot Coverage (structures and surfaces) ApproKir .l. S9uarc is {. Never -fly !TIT. l WELD COUNTY �4a ONLINE MAPPING Ma Title-' N o ,� .'.. y Litr1!Jtt' c: I O sY�Y `'r1. Is In F T'F o XT •-•'ti �' r. ____1:.. s > s._1 , - .w lL.MNrC,w� .' Legend ---Sieta :: v XIS • 4. • • ' ..".., - ' i., _ �� rTY1? - — Address Label tiLI I` r i -- ^ _ Highway _ I - -r -r rd `=''-� h i {� Et7 r.-i ' O County Boundary . y_ i 4' M e 3 �+•M • - ,i l t Nor IIIIWP:lisersanen- ✓• s -ic ._ .7 *is 11 .-trial.7491 • ,4a �� . •,. 1. F r_f• • ` a. • di - Y L 2" I • / - i 0. 1 ' �- la .. •• '. ^}. • ----- _ --- \ --._ 1 s doei - • L:� ` .III► '..•-, til '+ 1: 12,637 CD ' \.m. Notes 2,106.2 0 1,053.08 2,106.2 F eet 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, WGS_1984_Web_Mercator_Auxiliary_Sphere current or otherwise reliable ©Weld County Colorado 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 October 26, 2022 Luis Armando Lopez 2717 49`h Street Evans, CO 80620 Mr. Lopez: 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 $10.00 per day beginning on December 13, 2021, and continuing until the violations are removed from the property. (Court Order attached). Upon information and belief, the violations still exist on your property. At a public hearing on November 9. 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 May 22, 2022, through October 9, 2022. This period totals 140 days and amounts to $1,400.00. 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 1400.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $1,400.00, 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. Respectfully, leltbdt Matthew Conroy Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE FILED: December 22, 2021 10:01 AM Greeley, CO 80632 CASE NUMBER: 2021033085 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. ♦ FOR COURT USE ONLY Case Number: 21-C-33085 LUIS ARMANDO'LOPEZ, Defendant. Division: C ORDER IMPOSING DAILY PENALTIES This matter came before the Court on December 13, 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 Luis Lopez 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 September 13, 2021. 2. Defendant owns or occupy the property located on 2717 49`s Street, near Evans, 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 multiple un-permitted detached accessory structures that do not appear to mee the required setbacks, offsets, and lot coverage requirements, as well as the presence of multiple commercial vehicles parked on site. Defendant agreed to remove the commercial vehicles. Defendant further agreed to either apply for new building permits by September 27, 2021 and make conforming changes to the buildings in order to meet the offset, setback, and lot coverage requirements, or to apply for a variance by September 27, 2021. 4. The Court fords that the Defendant has partially complied with the stipulation by removing the commercial vehicles from the site. However, the Court fords 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 did not submit a building permit or variance request, and did not reduce the size of the structures on site. Defendant did turn in a pre -application request sometime in the first half of December, well past the deadline agreed to in the stipulation. 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 fords 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. Although the parties stipulated to a daily penalty of $25.00 per day, the Court notes the County's request to reduce the penalty to $10.00 per day due to the Defendant's partial compliance with the stipulation. 7. Therefore, a $10.00 per day penalty is ordered due to the continued violation. The penalty begins on December 13, 2021 and will continue until further order of this Court. SO ORD December 22, 2021 Magistrate Randall Lococo Date Hello