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Home My WebLink About20221870.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, 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 $1,645.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from December 13, 2021, through May 22, 2022 (a period of 161 days), be, and hereby is, approved. 4846927 Pages: 1 of 2 08/08/2022 10:54 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County CO ec :P1.(rPw1w4 s/EP), ca(aghae), TR(RF), BI(RA), APR-. Ss /26 /22 2022-1870 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING AND ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - LUIS LOPEZ 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 WELL,COUNTY, COLORADO ATTEST: ddtdc.),jdo.A Weld County Clerk to the Board Deputy Clerk to the Board AP =VED ttorney Date of signature: r7irdZi Scott.K. James, Chair Pro-Tem Perry L. Bu Lori Saine 4846927 Pages: 2 of 2 08/08/2022 10:54 AM R Fee:$0.00 Carly Koppel, Clerk and Raoorder, Weld County CO 11111 2022-1870 PL0824 TO: Board of County Commissioners FROM: Caitlin Perry, Assistant County Attorney DATE: 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 Frank and Yrene Martinez • 2717 49th Street, Evans • County Road 55 parcel no. 029733400009 • Case 21C33085; BCV20-00071; ZCV20-00287 • Case 21C37057; ZCV21-00159 • $10 daily penalties ordered to begin 12/13/21 • $50 daily penalties ordered to begin 03/07/22 • Violations: multiple unpermitted detached accessory • Violations: accessory uses without a principal use structures that do not meet setbacks, offsets, or lot including a noncommercial junkyard; multiple coverage; multiple on site commercial vehicles & commercial vehicles, accessory structures, & an equipment occupied camper/trailer RV • Property is still in violation • Property is still in violation • $10/day x 161 days + $35 initial penalty = $1,645 • $50/day x 77 days + $25 initial penalty = $3,875 Michael and Maria Quinlan Gabriel Rocha • 32405 Highway 14, Ault • Nancy Avenue Parcel no. 130927110003 • Case 22C30031; ZCV21-00283 • Case 21C31841; ZCV20-00144 • $100 daily penalties ordered to begin 04/11/22 • $25 daily penalties ordered to begin 12/14/21 • Violations: presence of a commercial tow yard in the • Violations: construction of 2 detached accessory agricultural zone district buildings that exceed lot coverage and without a • Property is still in violation permitted and installed principal dwelling unit $100/day x 42 days + $100 initial penalty = $4,300 • 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 2022-1870 Pt, Mg 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 ZCV20-00287 & BCV2O-00071 Luis Armando Lopez 2717 49TH ST * December 13, 2001 (daily penalty imposed) * $10 / Daily & $35 Initial Penalty @ 161 days = $1645.00 * December 13, 2021 — May 22, 2022 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 glair ONLINE MAPPING `.. � WELD COUNTY Map Title `3 0n9 8 03 704211 1 123 1423 2 42 S 4 se"3 3 01 3:025422.0 St. -{ ., d't 00 43'11 .•b 3 3` •.s .007 Q611305 :3 o 19 j r, "'1` 43 ( a � 43 1 4325Y G4i 1) r A��tLOPt,W.4,101(4:3,4313 ti 3 O .0 �1 cn a3.�n 4.316 J4318 cc ' gg . ` 43 4 z 4526 < i12 43284320 �-,' > "a 43. `33 2 4334 a 3 63 -626 (:444:-1.h�E 2 4 ` 2i1j2t,2515ivi 4441 44 ti,', L-421 :. 011 14336 1,053.1 WGS_1984_Web_Mercator_Auxdlrary_Sphere © Weld County Colorado 4231423 Z.r a -M• ., .. 41O3'.•e N / 7a -- 1 M =131 Ulm.— 4i 1 6n. .'' . 3 X14.3 2 ;.� Z ' � ."7ir�. w •Z• 41 3.3 - _.. i r.+egswc '? 7 i2 C24,1? 24 57:� ,24�i1 :t'4 5;44(1 `i ice" d iAta.jrast, ' 45Q 2 3' t F. 1 053. i "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. current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION s Legend Parcels — Highway o County Boundary Notes Weld County Building Coverage Calculator for A/E subdivisions/townsites without drainage plans Address Zone District Lot acreage Coverage (%) Coverage allowance (SF) Existing buildings Building 1 Building 2 Building 3 Building 4 Building 5 Building 6 Total existing Coverage remaining Proposed buildings New Building 1 New Building 2 New Building 3 New Building 4 Total proposed Coverage remaining Address A 1 00 10 0% 4,356 acres sq ft 2,065 hcusc 1,034 5c - (k5t 3,587 l Ads 2,100 ny %aat.) 8,787 (4,431) (4,431) sq ft sq ft sq ft sq ft Zones A & E = Building Coverage (structures only) All other zones = Lot Coverage (structures and surfaces) Appr o r,i mart SirAct F-alns ( 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 Luis Armando Lopez 2717 49th 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 along with an initial penalty of $35.00, 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 ,tune 29.2022 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 "0" Street, Greeley, CO 80631. The hearing will address the penalties for the period from December 13, 2021 through May 22, 2022. This period totals 161 days and amounts to $1,645.00. 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 51.645.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $1,645.00, 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, C As istant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE Greeley, CO 80632 CASE Phone Number: (970) 475-2400 FILED: December 22, 2021 10:01 AM NUMBER: 2021C33085 ♦FOR COURT USE ONLY Case Number: 21-C-33085 Division: C BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. LUIS ARMANDO LOPEZ, Defendant. 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 49th 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 finds that the Defendant has partially complied with the stipulation by removing the commercial vehicles from the site. However, 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 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 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. 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 ORDI Magistrate Randall Lococo December 22, 2021 Date Hello