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Home My WebLink About20221875.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MAHIC SABAHUDIN AND MELINA SABONOVIC 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, Mahic Sabahudin and Melina Sabonovic, 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 Zoning Compliance Violation, ZCV18-00166, 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 August 5, 2019, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: January 20, 2020: $3,700.00 for the period of August 5, 2019, through December 31, 2019; November 16, 2020: $6,850.00 for the period of January 1, 2020, through September 30, 2020; July 7, 2021: $6,075.00 for the period of October 1, 2020, through May 31, 2021; November 15, 2021: $4,175.00 for the period of June 1, 2021, through November 15, 2021 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. 4846931 Pages: 1 of 2 08/08/2022 10:54 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO iil �U��a�� N#IrillA iVfi lilt i lOfil its II II cc: FL(TP/MN/WS/5M') GF1(88/KM); 2022-1875 TR(RF), A PPS PL0824 5/26 /7-2 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MANIC SABAHUDIN AND MELINA SABONOVIC 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: daam) Weld County Clerk to the Board BY: G0 i Deputy Clerk to the Boar AP ounty A torney Date of signature: `7) I'd ZZ Scott'K. James, Chair eman, Pro -T, Lori Saine 4846931 Pages: 2 of 2 08/08/2022 10:64 AM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, W.ld County , CO ill �U�11�1L1M��I ''IrIr,IIR w��' N GiC�1'IW Ihr~ 11111 2022-1875 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 49t" 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 2022-1875 PLU'11 Graciela Quinonez and Veronica Gutierrez • 1012 E. 16th St., Greeley (2 cases) • Case 17C37227; BCV16-00012; $10 daily penal began 05/07/18; Violations: structures within th setback without building permits • Case 19C32661; ZCV18-00258; $10 daily penal 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 penalty penalty /1ahic Sabahudin and Melina Sabonovic • Good Avenue (no address, unbuilt lot), Ft. Lupton • Case 18C37496; ZCV18-00166 e • $25 daily penalties ordered to begin 08/05/19 • Violations: noncommercial junkyard, persons Camper/RV • Last certification for this property 11/1521 • Property is still in violation • $25/day x 188 days = $4,700 living in Jesus Salas and Tiffany Brown • 15979 Nancy Ave., Ft. Lupton • Case 21C33090; ZCV21-00001 • $25 daily penalties ordered to begin 09/03/21 • Violations: noncommercial junkyard, derelict vehicles, unpermitted semi -trailers • Property is still in violation $25/day x 188 days = $4,700 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 Dave Sanger Sr. • 565 Dunmire St., Frederick • Case 21C30145; ZCV20-00093 • $10 daily penalties order to begin 05/12/21 • Violations: noncommercial junkyard, installation of cargo container without building permit • Property is still in violation • $10/day x 188 days = $1,880 Page 2 of 2 ZCV18-00166 Mahic Sabahudin & Melina Sabonovic 0 Good St * August 5, 2019 (daily penalty imposed) * $25 / Daily @ 188 days = $4700.00 * November 16, 2021 — May 22, 2022 Parcels Floodplain - Floodplain - Floodplain Floodplain Floodplain - Floodplain - Tni: map .5 a -ter generated static Outp..t from an Internet mapo tote aria t for ^eference onty On Layer: wat appear on this map may or may not oe accurate. current ar Melon, :e •ekao►e THIS MAP IS NOT TO BE USED FOR NAVIGATION 500 Year 100 Year Zone A 100 Year Floodwa 100 Year Zone AE 100 Year Zone Al - 100 Year Zone AC WELD COUNTY ZCV18-00166 Sabanovic - Vicinity Map ("MNL1 uE MAPPING r r ts• - fl%al 5 F c.rt Lupton 9TH f ST IC -MORPIS AVE - DALE GAL -E AVE 1. - 1.t i.N•r. �. 1.611/E ARoL !NC AV E f Misrru AVE sr — um t t -- AV;-- ; LAM AVE C CiL r,IMN AlfF. - :yt- -f tat- M -ass n FAIT OW 11111■llllll L Ittlll ;' .. . ■■_ iiian SSW Alla mar Ian Mint' 411r■i S■r MOPE a- • rig t .r -.._ "Li r - In Cr l 1 'IN CR 1n f 1: 26,811 O 14685 'WGS_1984_Web_Mercator Auxiliary_ Sphere if Weld County Colorado 0 2.234.2.3 4 468 5 Feet Tnis map is a user ger r3:ed ;taut o4..tout fror^ r Internet mapa'g :re and a foe reference on Data Jaye-: fat atoe3' o^ ; map may or may not be accurate anent or orient,. :e ►ehaote THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend U Parcels Floodplain - Floodplain - Floodpla►n - Floodpla►n - Floodplain - Floodplarn - Highway Road Road Highway 500 Year 100 Year Zone A 100 Year Floodwa 100 Year Zone 100 Year Zone 100 Year Zone City Limits - Extended Autt Berthoud Brighton Dacono Eaton Ere Evans Firestone Fort Lupton Frederick Garden City G $crest Greeley Grover AE Al - AC Notes «w.»...,.... -E 1 sil ' „;r. E 1 !� �r • $% $Uh IlUTSsw .lip-. . " �iN ; { r1 titt it la r in y ! Tni: mac s a user g. er3:ed static outpost from an Internet mapp ng vart and : for reference only Ds-_ _ _ _ --3t aooea• on this +nac may may not be atc�.►ate 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 Mahic Sabahudin 5000 Butte Street — Lot 215 Boulder, CO 80301 Ms. Sabanovic and Mr. Sabahudin: Melina Sabonovic 11755 Helena Street Commerce City, CO 80022 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 August 5, 2019, 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 beginning on August 5, 2019 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 )une 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 "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 $4.700.00. 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, in Perry Assistant Weld County Atto Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Colorado 80632 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. MELINA AKA MELIHA SABANOVIC and MAHIC SABAHUDIN, Defendants. Karin McDougal, #48541, Assistant County Attorney 1150 'O' Street, P.O. Box 758, Greeley, CO 80632 Phone (970) 336-7235; Fax (970) 352-0242 Email limedouujk aweld gov com ❑ FOR COURT USE ONLY ❑ Case Number: 18-C-37496 Division: C NOTICE OF IMPOSITION OF DAILY PENALTIES YOU ARE HEREBY NOTIFIED that at a review hearing which was held on Monday, August 5, 2019, it was ordered by Magistrate Randall Lococo that a daily penalty fine of $25.00 per day was imposed. Both Plaintiff and Defendant were present, 1. On January 7, 20i 9, Defendant Melina aka Meliha Sabanovic entered into a Stipulation to remove or completely screen the Noncommercial Junkyard from all adjacent properties and public rights -of -ways and to discontinue on -site utilization of the camper/trailer, remove items around it and ensure that it is road -worthy and registered at all times on or before March 26, 2019. 2. A review hearing was heard on April 1, 2019 at 10:00 a.m. It was determined that the property was not in compliance and a daily penalty of $25 per day was ordered but stayed until the next review date of June 17, 2019 at 10:00 a.m. 3 The review was heard on June 17, 2019 end it was determined that Defendants were making progress and would be granted additional time to bring the property into compliance. The case was continued to August 5, 2019. 4. At the August 5, 2019 review Defendant Mahic Sabahudin stated that he believed the property was in compliance. 5. The Parties agreed to forgo the previously accrued penalties because progress has continued to he made on the property, and agreed to impose the $25.00 per day penalty beginning on August 5, 2019 with no stay in place and will continue to accrue until the property is in compliance. 6. It is the Plaintiff's best knowledge and belief that such violation still exists as of the date of this notice. DATED this 15th day of August, 2019. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO BRUCE T. BARKER WELD COUNTY ATTORNEY I Li IN MC[)OUGAI,a #48541 ANsistant Weld County Attorney CERTIFICATE OF MAILING/DELIVERY [ certify that on the 151h day of August, 2019, a true copy of this NOTICE OF DAILY PENALTIES was mailed to: Mahic Sabahudin 5000 Butte Street — Lot 215 Boulder Co 80301 Melina Sabonovic 11755 Helena Street Commerce City, CO 80022 DATED this 16`h day of August, 2019. nu�atJylYtM�Y./�aT•t�'. i N1YiYYYIWvti K a= a f RE: I Colorad adminis complai claiminc County County motion, remainE daily pe allows t, the Wel Weld C collecte through ij Ill i4, 2 I■ C) M a 0w CD Q � I(c) cr) � O -I o�M ico -1- ci 0 M o o to 0 N SSV1O 1SelId 031HOS32id cc Q 0 w I- O I- cc w V co co 0 N F- 0O O CCco LU �~w O Ow oCC) w in M r a. 0 (// z C SABAHUD D 5000 BUTTE STREET - LOT 215 nal 3 r,0 is) 0 r rn IS) 1-4 I G rri C c U w O O m MUMS S.WOO Xetati — .. rent IMPS l...Y tom:... 'a▪ s ,.. noon . n Y.... ISM :rY. —' a Ter MIN a Ut 114102 Yaw iKa WI. _Sat MC -aim a a...tSS twit: ., —, —a— aTtpn. mot ea, R.► aan Mai avy..y ..aaN, ales Mrs nays Sit MM. It Saha. _t 7ur• trawl t_ ISO Witt ,n.. 1t 1t It IT1 0 rri r I,' OF ZONING 3AHUDIN AND do, pursuant to he authority of ervices, filed a lina Sabonovic, and tion of the Weld with the Weld Weld County's iat the property ;loners certified County Code assessment by nmissioners of treasurer to be nber 16, 2021, 00 LLa.µm cyou,nitr. co �y.I R�TItl11�Y�R�T1�fT 11111 2022-1875 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MAHIC SABAHUDIN AND MELINA SABONOVIC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the followirg vote on the 29th day of June, A. D., 2022. BOARD OF COUNTY COMMISSIONERS WELD. COUNTY. COLORADO ATTEST: datAm) �;el Weld County Clerk to the Board evl�7� 10v (Ai A Deputy Clerk to the Boar ounty A torney Date of signature: ) 2) ZZ Scott'K. James, Chair Lori Saine 4846931 Pages: 2 of 2 08/08/2022 10:54 AM R Fsn:$0.00 Carly Koppst, Clark and Rsoordar, Wild County CO 1!!! �U�.r1�1LT ��I �! w��' MGi��1�l�l�ri h�IY l! II I 2022-1875 PL0824 Hello