HomeMy WebLinkAbout20220540.tiffRESOLUTION
RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - BRUCE BROTEMARKLE
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 Weld County Department of Planning Services,
filed a complaint in the Weld County Court against Defendant Bruce Brotemarkle, claiming that
the Defendant's property is in violation of the Weld County Code, and
WHEREAS, the County Court found the Defendant's 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, ZCV19-00290, and upon Weld
County's motion, the County Court ordered Defendant to pay $50.00 per day that the property
remained in violation of the Weld County Code, beginning on December 10, 2020, and
WHEREAS, on July 7, 2021, the Weld County Board of Commissioners certified daily
penalties of $6,650.00 for the period of December 10, 2020, through May 31, 2021, and
WHEREAS, C.R.S. §30-28-124.5(1) and Weld County Code Section 23-10-40.A allows
these costs to be assessed against the property and collected as a special assessment by the
Weld County Treasurer, and
WHEREAS, at a hearing held on the 15th day of November, 2021, the Board of County
Commissioners of Weld County, Colorado, found that the Certification of $8,350.00 to the Weld
County Treasurer to be collected as a special assessment for the daily violation penalties from
June 1, 2021, through November 15, 2021 (a period of 167 days), be continued to February 14,
2022, at 9:00 a.m., to allow the property owner further time to bring it into compliance, and
WHEREAS, on the 14th day of February, 2022, the Board found that the Certification of
$12,900.00 to the Weld County Treasurer to be collected as a special assessment for the daily
violation penalties from June 1, 2021, through February 14, 2022 (a period of 258 days), be
approved.
4806981 Pages: 1 of 2 CC. CA(8B/K).l), TR(Kc),
03/02/2022 01:03 PM R Fee:$0.00 $0.00 PL('r/wx/8P/HD)
Carly Koppes, Clerk arid Recorder, Weld County , COI APPL. 2022-0540
111 IFIAM�IIU���LN19 k� N IP11 1011 «&1k 11111 PL0824
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT - BRUCE BROTEMARKLE
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Certification of $12,900.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from June 1, 2021, through
February 14, 2022 (a period of 258 days), be, and hereby is, approved.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of February, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WEJ ��Y, COLORADO
ATTEST: Cited G .�CLto•�x
Sc tt K. James, Chair
4806981 Pages: 2 of 2
03/02/2022 01:03 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
mill IF1R' 11MI ►IRM AR'J�RlI��I#�i clad 11111
2022-0540
PL0824
TO: Board of County Commissioners
FROM: Caitlin Perry, Assistant County Attorney
DATE: February 14, 2022
SUBJECT: Special Assessment Certifications (Previously heard and
continued from November 15, 2021)
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 hearing,
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.
The first two on the list are new cases for which you have never certified daily penalties as special assessments.
• Daniela Flores and Paula Grado
• 9659 CR 44, Milliken
• Case 20C33562; ZCV20-00109
• $50 daily penalties ordered to begin 07/12/21
• Violations: unpermitted commercial vehicles and
equipment, unpermitted cargo containers, unauthorized
storage of construction materials
• Property is still in violation
$50/day x 217 days = $10,850.00
• Lucina Flores
• 112 Grace Ave., Milliken
• Case 20C31602; ZCV19-00279
• $25 daily penalty ordered to begin 08/04/21
• Violations: too many animals on site, too much lot
coverage for structures
• Property is still in violation
• $25/day x 194 days = $4,850.00
The next two 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.
• Jesus Vega
• 1705 Cedar Ave., Greeley
• Case 19C30835; ZCV18-00172
• $50 daily penalties ordered to begin 02/01/21
• Violations: unpermitted commercial trucking and
storage business, derelict vehicles
• Last certification for this property in June 2021
• Property is still in violation
$50/day x 258 days = $12,900.00
• Bruce Brotemarkle
• 1708 CR 32, Platteville
• Case 20C32497; ZCV19-00290
• $50 daily penalties ordered to commence 12/10/20
• Violations: noncommercial junkyard, persons living in
Camper/RV
• Last certification for this property in July 2021
• Property is still in violation
$50/day x 258 days = $12,900.00
Page 1 of 1 2022-0540
OZ/I� FL OFSZy
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 N 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.weldqov.com
E-MAIL: bpascoe(-weldgov.com
PHONE: 970-400-3555
FAX: 970-304-6498
March 1, 2022
BROTEMARKLE BRUCE
17080 COUNTY ROAD 32
PLATTEVILLE CO 80651
Zoning Violation Case: ZCV1 9-00290
Legal Description: PT NW4 24 3 66 LOT B REC EXEMPT RE -4921
To Whom it May Concern:
This letter is being sent as a courtesy to remind you that the Division C Magistrate ordered a daily penalty of $50
commencing on December 10, 2020. In addition to any previously assessed penalties, as of the date of this
letter, the penalty accrued has reached $13,650 (6/1/2020 - 2/28/2022 = 273 days x $50 daily).
To bring the property into compliance, the following actions shall occur:
1.) All DERELICT VEHICLES shall be restored, removed or completely Screened (with approved
Screening material) from all adjacent properties and public Right -of -Ways (they also must belong to you).
Used lumber and miscellaneous debris shall also be removed or completely Screened (with approved
Screening material) from all adjacent properties and public Right -of -Ways.
2.) 2(two) semi -trailers are allowed without any land use permits. All other semi -trailers shall
be removed form the property.
3.) Any campers/trailers-RVs or tents shall be abated for occupancy purposes (and be
compacted, disconnected from utilities and road worthy) or removed from the property.
4.) You shall contact my office as soon as you feel you have brought the property into compliance with the
items listed above. Until such time the daily penalty shall continue to accrue in accordance with the court
order (20-C-32497).
Compliance records are now visible to the public through the Citizen Access portal through our web page. Please
visit https://accela-aca.co.weld.co.us/citizenaccess/ and go to the Enforcement tab. You can search by case
number, address or parcel number. This program will show you copies of letters, pictures, etc. Feel free to call if
you have any questions.
Any information you have that may help to resolve this matter will be useful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above address,
telephone number or e-mail address. If you wish to see me personally, please feel free to contact me at the
provided number to schedule an appointment.
Regards
Bethany Pascoe
Zoning Compliance
Ec: ZCV1 9-00192
Caitlin Perry, Assistant Weld County Attorney Ref: 20-C-32497
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 N 170, Avenue
Greeley, Colorado 80631
WEBSITE: www.weldqov.com
E-MAIL: bpascoe(c�weldgov.com
PHONE: 970-400-3555
FAX: 970-304-6498
February 1, 2022
BROTEMARKLE BRUCE
17080 COUNTY ROAD 32
PLATTEVILLE CO 60651
Zoning Violation Case: ZCV1 9-00290
Legal Description: PT NW4 24 3 66 LOT B REC EXEMPT RE -4921
To Whom it May Concern:
This letter is being sent as a courtesy to remind you that the Division C Magistrate ordered a daily penalty of $50
commencing on December 10, 2020. In addition to any previously assessed penalties, as of the date of this
letter, the penalty accrued has reached $12,250 (6/1/2020 - 1/31/2022 = 245 days x $50 daily).
To bring the property into compliance, the following actions shall occur:
1.) All DERELICT VEHICLES shall be restored, removed or completely Screened (with approved
Screening material) from all adjacent properties and public Right -of -Ways (they also must belong to you).
Used lumber and miscellaneous debris shall also be removed or completely Screened (with approved
Screening material) from all adjacent properties and public Right -of -Ways.
2.) 2(two) semi -trailers are allowed without any land use permits. All other semi -trailers shall
be removed form the property.
3.) Any campers/trailers-RV's or tents shall be abated for occupancy purposes (and be
compacted, disconnected from utilities and road worthy) or removed from the property.
4.) You shall contact my office as soon as you feel you have brought the property into compliance with the
items listed above. Until such time the daily penalty shall continue to accrue in accordance with the court
order (20-C-32497).
Compliance records are now visible to the public through the Citizen Access portal through our web page. Please
visit https://accela-aca.co.weld.co.us/citizenaccess/ and go to the Enforcement tab. You can search by case
number, address or parcel number. This program will show you copies of letters, pictures, etc. Feel free to call if
you have any questions.
Any information you have that may help to resolve this matter will be useful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above address,
telephone number or e-mail address. If you wish to see me personally, please feel free to contact me at the
provided number to schedule an appointment.
Regards
Bethany Pascoe
Zoning Compliance
Ec: ZCV1 9-00192
Caitlin Perry, Assistant Weld County Attorney Ref: 20-C-32497
January 1, 2022
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 N 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.weldqov.com
E-MAIL: bpascoe(c�weldgov.com
PHONE: 970-400-3555
FAX: 970-304-6498
BROTEMARKLE BRUCE
17080 COUNTY ROAD 32
PLATTEVILLE CO 80651
Zoning Violation Case: ZCV1 9-00290
Legal Description: PT NW4 24 3 66 LOT B REC EXEMPT RE -4921
To Whom it May Concern:
This letter is being sent as a courtesy to remind you that the Division C Magistrate ordered a daily penalty of $50
commencing on December 10, 2020. In addition to any previously assessed penalties, as of the date of this
letter, the penalty accrued has reached $10,700 (6/1/2020 - 12/31/2021 = 214 days x $50 daily).
To bring the property into compliance, the following actions shall occur:
1.) All DERELICT VEHICLES shall be restored, removed or completely Screened (with approved
Screening material) from all adjacent properties and public Right -of -Ways (they also must belong to you).
Used lumber and miscellaneous debris shall also be removed or completely Screened (with approved
Screening material) from all adjacent properties and public Right -of -Ways.
2.) 2(two) semi -trailers are allowed without any land use permits. All other semi -trailers shall
be removed form the property.
3.) Any campers/trailers-RV's or tents shall be abated for occupancy purposes (and be
compacted, disconnected from utilities and road worthy) or removed from the property.
4.) You shall contact my office as soon as you feel you have brought the property into compliance with the
items listed above. Until such time the daily penalty shall continue to accrue in accordance with the court
order (20-C-32497).
Compliance records are now visible to the public through the Citizen Access portal through our web page. Please
visit https://accela-aca.co.weld.co.us/citizenaccess/ and go to the Enforcement tab. You can search by case
number, address or parcel number. This program will show you copies of letters, pictures, etc. Feel free to call if
you have any questions.
Any information you have that may help to resolve this matter will be useful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above address,
telephone number or e-mail address. If you wish to see me personally, please feel free to contact me at the
provided number to schedule an appointment.
Regards
Bethany Pascoe
Zoning Compliance
Ec: ZCV19-00192
Bob Choate, Assistant Weld County Attorney Ref: 20-C-32497
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 N 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.weldqov.com
E-MAIL: bpascoec�weldgov.com
PHONE: 970-400-3555
FAX: 970-304-6498
December 1, 2021
BROTEMARKLE BRUCE
17080 COUNTY ROAD 32
PLATTEVILLE CO 80651
Zoning Violation Case: ZCV19-00290
Legal Description: PT NW4 24 3 66 LOT B REC EXEMPT RE -4921
To Whom it May Concern:
This letter is being sent as a courtesy to remind you that the Division C Magistrate ordered a daily penalty of $50
commencing on December 10, 2020. In addition to any previously assessed penalties, as of the date of this
letter, the penalty accrued has reached $9,150 (6/1/2020 - 11/30/2021 = 183 days x $50 daily).
To bring the property into compliance, the following actions shall occur:
1.) All DERELICT VEHICLES shall be restored, removed or completely Screened (with approved
Screening material) from all adjacent properties and public Right -of -Ways (they also must belong to you).
Used lumber and miscellaneous debris shall also be removed or completely Screened (with approved
Screening material) from all adjacent properties and public Right -of -Ways.
2.) 2(two) semi -trailers are allowed without any land use permits. All other semi -trailers shall
be removed form the property.
3.) Any campers/trailers-RV's or tents shall be abated for occupancy purposes (and be
compacted, disconnected from utilities and road worthy) or removed from the property.
4.) You shall contact my office as soon as you feel you have brought the property into compliance with the
items listed above. Until such time the daily penalty shall continue to accrue in accordance with the court
order (20-C-32497).
Compliance records are now visible to the public through the Citizen Access portal through our web page. Please
visit https://accela-aca.co.weld.co.us/citizenaccess/ and go to the Enforcement tab. You can search by case
number, address or parcel number. This program will show you copies of letters, pictures, etc. Feel free to call if
you have any questions.
Any information you have that may help to resolve this matter will be useful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above address,
telephone number or e-mail address. If you wish to see me personally, please feel free to contact me at the
provided number to schedule an appointment.
Regards
Bethany Pascoe
Zoning Compliance
Ec: ZCV19-00192
Bob Choate, Assistant Weld County Attorney Ref: 20-C-32497
November 1, 2021
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 N 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.weldqov.com
E-MAIL: bpascoe(a)-weldgov.com
PHONE: 970-400-3555
FAX: 970-304-6498
BROTEMARKLE BRUCE
17080 COUNTY ROAD 32
PLATTEVILLE CO 80651
Zoning Violation Case: ZCV19-00290
Legal Description: PT NW4 24 3 66 LOT B REC EXEMPT RE -4921
To Whom it May Concern:
This letter is being sent as a courtesy to remind you that the Division C Magistrate ordered a daily penalty of $50
commencing on December 10, 2020. In addition to any previously assessed penalties, as of the date of this
letter, the penalty accrued has reached $7,600 (6/1/2020 — 10/31/2021 = 152 days x $50 daily).
To bring the property into compliance, the following actions shall occur:
1.) All DERELICT VEHICLES shall be restored, removed or completely Screened (with approved
Screening material) from all adjacent properties and public Right -of -Ways (they also must belong to you).
Used lumber and miscellaneous debris shall also be removed or completely Screened (with approved
Screening material) from all adjacent properties and public Right -of -Ways.
2.) 2(two) semi -trailers are allowed without any land use permits. All other semi -trailers shall
be removed form the property.
3.) Any campers/trailers-RV's or tents shall be abated for occupancy purposes (and be
compacted, disconnected from utilities and road worthy) or removed from the property.
4.) You shall contact my office as soon as you feel you have brought the property into compliance with the
items listed above. Until such time the daily penalty shall continue to accrue in accordance with the court
order (20-C-32497).
Compliance records are now visible to the public through the Citizen Access portal through our web page. Please
visit https://accela-aca.co.weld.co.us/citizenaccess/ and go to the Enforcement tab. You can search by case
number, address or parcel number. This program will show you copies of letters, pictures, etc. Feel free to call if
you have any questions.
Any information you have that may help to resolve this matter will be useful. Should you have any questions
regarding this letter, or if you need any further information, please feel free to contact me at the above address,
telephone number or e-mail address. If you wish to see me personally, please feel free to contact me at the
provided number to schedule an appointment.
Regards
Bethany Pascoe
Zoning Compliance
Ec: ZCV19-00192
Bob Choate, Assistant Weld County Attorney Ref: 20-C-32497
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TO: Board of County Commissioners
FROM: Bob Choate, Assistant County Attorney
DATE: November 15, 2021
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. We need to get these to the Treasurer by December 1st in order to have
these special assessments placed on the tax roll next year. The first twelve on the list are new cases for which you have
never certified daily penalties as special assessments.
•
Rolando and Eloisa Castillo
•
Dave Sanger Sr.
•
8588 CR 21, Fort Lupton
•
565 Dunmire St., Frederick
•
Case 21C31829; BCV20-00048/ZCV20-00023
•
Case 21C30145; ZCV20-00093
•
$25 daily penalties ordered to begin 10/12/21
•
$10 daily penalties order to begin 05/12/21
•
Violations: noncommercial junkyard, too many
•
Violations: noncommercial junkyard, installation of
animals on site, and electrical work completed without
cargo container without building permit
an electrical permit
•
Property is still in violation
•
Property is still in violation
•
$10/day x 187 days = $50 initial penalty = $1,920
•
$25/day x 34 days + $25 initial penalty = $875
•
Santos and Sonia Simental
•
Justin Walden
•
18526 CR 8, Brighton
•
4730 Kings Canyon Dr., Greeley
•
Case 20C34848; ZCV20-00135
•
Case 21C31191; ZCV20-00174
•
$30 daily penalties ordered to begin 06/16/21
•
$25 daily penalties ordered to begin 09/29/21
•
Violations: noncommercial junkyard, too many
•
Violations: noncommercial junkyard, derelict vehicle
animals on site
•
Property is still in violation
•
Property is still in violation
•
$25/day x 47 = $1,175
•
$30/day x 152 days = $4,560
•
Dena Swingle
•
Consuelo Hernandez
•
7435 Harold St., Ft. Lupton
•
3223 CR 19, Ft. Lupton
•
Case 21C30649; ZCV20-00190
•
Case 21C31839; ZCV20-00215
•
$25 daily penalties ordered to begin 09/07/21
•
$20 daily penalties ordered to begin 07/12/21
•
Violations: noncommercial junkyard, installation of
•
Violations: noncommercial junkyard, installation of
cargo container without building permit
multiple cargo containers without building permits
•
Property is now in compliance; court ended daily
•
Property is still in violation
penalties on 10/27/21; NO ACTION NECESSARY
•
$20/day x 126 days + $25 initial penalty = $2,545
•
$25/day x 50 days = $1,250
Page 1 of 3
PLO�a1
•
Jacquelynne Grabrian / Justin and Cynthia Sanger
•
Jesus Salas and Tiffany Brown
•
7076 Patrick St., Ft. Lupton
•
15979 Nancy Ave., Ft. Lupton
•
Case 21C31836; ZCV20-00278
•
Case 21C33090; ZCV21-00001
•
$50 daily penalties ordered to begin 06/14/21
•
$25 daily penalties ordered to begin 09/03/21
•
Violations: noncommercial junkyard, too many
•
Violations: noncommercial junkyard, derelict vehicles,
animals on site, derelict vehicles
unpermitted semi -trailers
•
Property is now in compliance; court ended daily
•
Property is still in violation
penalties on 11/02/21. NO ACTION NECESSARY
•
$25/day x 73 days + $50 initial penalty = $1,875
•
$50/day x 141 days + $25 initial penalty = $7,075
•
David Schoepf
•
Jerry Dill and Lynne Kelly
•
23990 CR 64, Greeley
•
3108 O St., Greeley
•
Case 21C32555; BCV20-00017
•
Case 21C32551; ZCV20-00124
•
$10 daily penalties ordered to begin 07/12/21
•
$10 daily penalties ordered to begin 08/20/21
•
Violations: unfinished building permit
•
Violations: unpermitted mobile home, unpermitted
•
Property is still in violation
commercial storage business, unpermitted commercial
•
$10/day x 126 days + $25 initial penalty = $1,285
vehicles, noncommercial junkyard, derelict vehicles
•
Property is still in violation
•
$10/day x 87 days +$50 initial penalty = $920
•
Daniela Flores and Paula Grado
•
Lucina Flores
•
9659 CR 44, Milliken
•
112 Grace Ave., Milliken
•
Case 20C33562; ZCV20-00109
•
Case 20C31602; ZCV19-00279
•
$50 daily penalties ordered to begin 07/12/21
•
$25 daily penalty ordered to begin 08/04/21
•
Violations: unpermitted commercial vehicles and
•
Violations: too many animals on site, too much lot
equipment, unpermitted cargo containers, unauthorized
coverage for structures
storage of construction materials
•
Property is still in violation
•
Property is still in violation
•
$25/day x 103 days = $2,575
•
$50/day x 126 days = $6,300
The next eight 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.
• Graciela Quinonez and Veronica Gutierrez
• 1012 E. 16' St., Greeley (2 cases)
• Case 17C37227; BCV16-00012; $10 daily penalty
began 05/07/17; 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) in July
• Property is still in violation (both cases)
• $20/day x 167 days = $3,340
• 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 in July
• Property is still in violation
• $20/day x 167 days = $3,340
Page 2 of 3
• Arturo Corral
• Jesus Vega
• 35494 CR 43, Eaton
• 1705 Cedar Ave., Greeley
• Case 19C36287; ZCV19-00111
• Case 19C30835; ZCV18-00172
• $20 daily penalties ordered to begin 08/10/20
• $50 daily penalties ordered to begin 02/01/21
• Violations: 8+ unpermitted cargo containers, 3+
• Violations: unpermitted commercial trucking and
unpermitted semi -trailers, noncommercial junkyard
storage business, derelict vehicles
• Last certification for this property in June
• Last certification for this property in June
• Property is now in compliance; court ended daily
• Property is still in violation
penalties on 10/21/21. NO ACTION NECESSARY
• $50/day x 167 days = $8,350
• $20/day x 142 days = $2,840
• Charles Bennett and Manuel Gallegos
• Mahic Sabahudin and Melina Sabonovic
• 1100 Fern Ave., Greeley
• Good Avenue (no address, unbuilt lot), Ft. Lupton
• Case 17C36110; ZCV17-00017
• Case 18C37496; ZCV18-00166
• $25 daily penalties ordered to begin 07/09/19
• $25 daily penalties ordered to begin 08/05/19
• Violations: unpermitted commercial business (truck
• Violations: noncommercial junkyard, persons living in
parking, salvage / storage yard, tire sales), persons
Camper/RV
living in camper/RV
• Last certification for this property in July
• Last certification for this property in July
• Property is still in violation
• Property is still in violation
• $25/day x 167 days = $4,175
• $25/day x 167 days = $4,175
• Aryan Kiani and Matthew Irvin
• Bruce Brotemarkle
• 331 Dunmire Street, Frederick
• 1708 CR 32, Platteville
• Case 20C30918; ZCV19-00192
• Case 20C32497; ZCV19-00290
• $25 daily penalties ordered to begin 10/22/20
• $50 daily penalties ordered to commence 12/10/20
• Violations: noncommercial junkyard, derelict vehicles
• Violations: noncommercial junkyard, persons living in
• Last certification for this property in June
Camper/RV
• Property is still in violation
• Last certification for this property in July
• $25/day x 167 days = $4,175
• Property is still in violation
$50/day x 167 days = $8,350
Page 3 of 3
WELD COUNTY ATTORNEY'S OFFICE
1150O STREET
P.O. BOX 758
GREELEY, CO 80632-0758
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
tAlalii f nant.. 7rn..��..m► FAX: (970) 352-0242
November 4, 2021
Bruce Brotemarkle
17080 CR 3
Platteville, CO 80651
Mr. Brotemarkle:
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 17, 2020, the Court granted the County's Motion for Daily Penalties, finding that your
property was still in violation of the Weld County Code, and ordered you to pay a daily penalty of $50.00
per day beginning on December 10, 2020, 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 on November 15.2021 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 June 1, 2021 through November 15, 2021. This period totals 167 days and amounts to
$8,350.00. 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 S8.350.00. Such lien will have priority over all other security
interests, except for taxes. In addition to the $8,350.00, 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. Alternative arrangements may be made by contacting Bethany Pascoe at (970) 400-3555.
Please feel free to contact me with any questions.
Respectfully,
Bob Choate
Assistant Weld County Attorney
Enclosure
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038, DAT
FILED: December 17, 2020 6:33 PM
Greeley, Colorado 80632 CAS
NUMBER: 2020C32497
Phone Number: (970) 475-2400
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
♦ FOR COURT USE ONLY
V.
Case Number: 20-C-32497
Bruce Brotemarkle
Division: C
Defendant.
PROPOSED ORDER IMPOSING PENALTIES FOR
ZONING VIOLATIONS
This matter came before the Court on December 10, 2020 for a Hearing. Plaintiff was
represented by Assistant Weld County Attorney Gabriel Kalousek, and Defendant, Bruce
Brotemarkle, was pro se. Testimony was heard from Bethany Pascoe, Weld County Zoning
Compliance Officer, and Bruce Brotemarkle. Based upon the foregoing, this Court makes the
following findings of fact:
1. This Court has jurisdiction over the subject matter and the parties herein. Defendant was
properly served on July 1, 2020. The Court took judicial notice of the stipulation.
2. At the hearing the Court took judicial notice of the Weld County Code.
3. The action is based on the Plaintiff's claims ofzoning violations and Chapter 23 ofthe Weld
County Code, as permitted by § 30-28-124.5, C.R.S. and Weld County Code Section 23-10-40.
Plaintiff alleged violation of Weld County Code Sections 23-3-20 and 23-3-30. In the
Stipulation the parties agree that there are violations of the Weld County Code due to the
continued utilization of camper/trailer RVs for occupancy purposes and the presence of a visible
noncommercial junkyard. In the Stipulation, the Defendants agree, among other things, to
"completely remove or screen the visible noncommercial junkyard with approved screening
material and to ensure that the campers, trailers and RVs are not utilized on the property for
residential purposes on or before October 27, 2020."
4. Testimony at the hearing established the following: Defendant owns the property located at
street address 17080 CR 32, Platteville, Weld County, Colorado 80651. Exhibits 1— 7 show that
there remain, after October 27, 2020, a visible noncommercial junkyard and
campers/trailers/RVs that are occupied. Exhibit 1 shows a light illuminated on a camper trailer.
Exhibit 2 shows a camper that is extended. Exhibits 3-7 show various noncommercial junkyards.
Ms. Pascoe testified that she visited the property on December 2, 2020 and December 9, 2020
and it was still in violation of the stipulation. Defendant testified that the noncommercial
junkyard consisting of lumbar is for home heating purposes. The Defendant also testified that
the campers are not occupied, and that people use them as storage. The Defendant alleged that
the light on the camper is solar powered, and it only comes on at night. The Court does not find
the Defendant's representations credible. The lumbar depicted in the pictures is of sufficient
quantity to heat several homes for over a year. The size and way the lumbar is stacked also
suggests it is not for home heating purposes. Exhibit 1 shows the camper light on during the day,
which is in contract to the Defendant's testimony. The Defendant agreed to remedy the
violations on the property as set forth in the stipulation, but has failed to do so.
5. There is a material breach by the Defendants of the obligations and conditions of the
Stipulation and Order.
6. The parties agreed to daily penalties of $50.00 per day.
ORDER
7. Plaintiff proved by a preponderance of evidence a material breach of the Stipulation and
Order.
8. A $50.00 per day penalty is ordered due to the continued violation. The penalty will begin
on December 10, 2020 and will continued until further order of this Court.
DON D of Decemb ; 2020
Magistrate Randall Lococo
Randall Lococo
Magistrate
December 17, 2020
Date
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