HomeMy WebLinkAbout20221111.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERING CERTIFICATION TO WELD COUNTY
TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT -
LUCINA FLORES
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, Lucina Flores, 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, ZCV19-00279, 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 August 4, 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, 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 $2,575.00 to the Weld
County Treasurer to be collected as a special assessment for the daily violation penalties from
August 4, 2021, through November 15, 2021 (a period of 103 days), be continued to February 14,
2022, at 9:00 a.m., to allow the property owner further time to bring the site into compliance, and
WHEREAS, on February 14, 2022, the Board found that the Certification of
$4,850.00 to the Weld County Treasurer to be collected as a special assessment for the daily
violation penalties from August 4, 2021, through February 14, 2022 (a period of 194 days), be
continued to April 18, 2022, at 9:00 a.m., and
WHEREAS, at a hearing held on the 18th day of April, 2022, the Board of County
Commissioners of Weld County, Colorado found that the Certification of $6,425.00 to the
Weld County Treasurer to be collected as a special assessment for the daily violation penalties
from August 4, 2021, through April 18, 2022 (a period of 257 days), be continued to July 18, 2022,
at 9:00 a.m., .
CC : Pt (-rPiws/t3P), CA Os $01),
TR (RF), APP. •
G/«/zz
2022-1111
PL0824
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT - LUCINA FLORES
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Certification of Certification of $6,425.00 to the Weld County
Treasurer to be collected as a special assessment for the daily violation penalties from August 4,
2021, through April 18, 2022 (a period of 257 days), be, and hereby is, continued to July 18, 2022,
at 9:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of April, A.D., 2022.
BOA OF COUNTY COMMISSIONERS
WEL,'COUITY, COLORADO
ATTEST: �,) WD:t,i
Weld County Clerk to the Board
BY:
AP
County Attorney
Date of signature: 1/29 /22
Scot K. James, Chair
Mike man, Pro-Te O
Lori Saine
2022-1111
PL0824
TO:
FROM:
DATE:
SUBJECT:
Board of County Commissioners
Caitlin Perry, Assistant County Attorney
April 18, 2022
Special Assessment Certifications (Previously heard and
continued from November 15, 2021 and February 14, 2022)
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 cases you will hear today are cases for which you have never certified daily penalties as special assessments. However,
the cases were previously heard on November 15, 2021 and February 14, 2022 and continued to today's date to grant
additional time to the owners to resolve the violations.
• 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
Page 1 of 1
2022-1111
P ZLI
ZCV19-00279
Lucina Flores
112 Grace Ave
* August 4, 2021 (daily penalty imposed)
* $25 / Daily @ 194 days = $4,850.00
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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
coverage for structures
• Property is still in violation
• $25/day x 194 days = $4,850.00
much lot
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
62/1 LI
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 N 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.weldgov.com
E-MAIL: hdutrow@weldgov.com
PHONE: 970-400-3536
FAX: 970-304-6498
February 01, 2022
FLORES LUCINA
112 N GRACE AVE
MILLIKEN CO 80543
Zoning Violation Case: ZCV19-00279
Legal Description: 22028 L28 TO 32 VAC BLK38 11 4 67 MILLIKEN OUT
Situs Address: 112 N GRACE AVE
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
$25 on August 04, 2021, which is still accruing. In addition to any previously assessed penalties, as of the
date of this letter, the penalty accrued has reached an additional $4500 (08/04/2021 - 01/31/2022 = 180
days x $25 daily).
To bring the property into compliance, the following actions shall occur:
1) Removal of the un-permitted structures that do not meet the required OFFSETS/SETBACKS/LOT
COVERAGE requirements of the Historic Townsite Agricultural Zone District.
2) Reduce the ANIMAL UNITS to no more than 1.48 total ANIMAL UNITS.
3) 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-31602).
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,
1
Lthvaic
Hannah Dutrow
Zoning Compliance Officer
File: ZCV19-00279
CC: County Attorney's Office
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 N 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.weldgov.com
E-MAIL: hdutrow@weldgov.com
PHONE: 970-400-3536
FAX: 970-304-6498
January 01, 2022
FLORES LUCINA
112 N GRACE AVE
MILLIKEN CO 80543
Zoning Violation Case: ZCV19-00279
Legal Description: 22028 L28 TO 32 VAC BLK38 11 4 67 MILLIKEN OUT
Situs Address: 112 N GRACE AVE
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
$25 on August 04, 2021, which is still accruing. In addition to any previously assessed penalties, as of the
date of this letter, the penalty accrued has reached an additional $3725 (08/04/2021 -12/31/2021= 149
days x $25 daily).
To bring the property into compliance, the following actions shall occur:
1) Removal of the un-permitted structures that do not meet the required OFFSETS/SETBACKS/LOT
COVERAGE requirements of the Historic Townsite Agricultural Zone District.
2) Reduce the ANIMAL UNITS to no more than 1.48 total ANIMAL UNITS.
3) 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-31602).
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,
r
Hannah Dutrow
Zoning Compliance Officer
File: ZCV19-00279
CC: County Attorney's Office
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 N 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.weldgov.com
E-MAIL: hdutrow@weldgov.com
PHONE: 970-400-3536
FAX: 970-304-6498
December 01, 2021
FLORES LUCINA
112 N GRACE AVE
MILLIKEN CO 80543
Zoning Violation Case: ZCV19-00279
Legal Description: 22028 L28 TO 32 VAC BLK38 11 4 67 MILLIKEN OUT
Situs Address: 112 N GRACE AVE
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
$25 on August 04, 2021, which is still accruing. In addition to any previously assessed penalties, as of the
date of this letter, the penalty accrued has reached an additional $2975 (08/04/2021 -11/30/2021= 119
days x $25 daily).
To bring the property into compliance, the following actions shall occur:
1) Removal of the un-permitted structures that do not meet the required OFFSETS/SETBACKS/LOT
COVERAGE requirements of the Historic Townsite Agricultural Zone District.
2) Reduce the ANIMAL UNITS to no more than 1.48 total ANIMAL UNITS.
3) 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-31602).
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,
Hannah Dutrow
Zoning Compliance Officer
File: ZCV19-00111
CC: County Attorney's Office
DEPARTMENT OF PLANNING SERVICES
Zoning Compliance Division
1555 N 17th Avenue
Greeley, Colorado 80631
WEBSITE: www.weldgov.com
E-MAIL: hdutrow@weldgov.com
PHONE: 970-400-3536
FAX: 970-304-6498
November 01, 2021
FLORES LUCINA
112 N GRACE AVE
MILLIKEN CO 80543
Zoning Violation Case: ZCV19-00279
Legal Description: 22028 L28 TO 32 VAC BLK38 11 4 67 MILLIKEN OUT
Situs Address: 112 N GRACE AVE
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
$25 on August 04, 2021, which is still accruing. In addition to any previously assessed penalties, as of the
date of this letter, the penalty accrued has reached an additional $2200 (08/04/2021 -10/31/2021= 88 days
x $25 daily).
To bring the property into compliance, the following actions shall occur:
1) Removal of the un-permitted structures that do not meet the required OFFSETS/SETBACKS/LOT
COVERAGE requirements of the Historic Townsite Agricultural Zone District.
2) Reduce the ANIMAL UNITS to no more than 1.48 total ANIMAL UNITS.
3) 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-31602).
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,
Hannah Dutrow
Zoning Compliance Officer
File: ZCV19-00111
CC: County Attorney's Office
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
• 8588 CR 21, Fort Lupton
• Case 21C31829; BCV20-00048/ZCV20-00023
• $25 daily penalties ordered to begin 10/12/21
• Violations: noncommercial junkyard, too many
animals on site, and electrical work completed without
an electrical permit
• Property is still in violation
• $25/day x 34 days + $25 initial penalty = $875
•
•
•
•
•
•
•
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 187 days = $50 initial penalty = $1,920
• 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
00/I Li
• Jacquelynne Grabrian / Justin and Cynthia Sanger
• 7076 Patrick St., Ft. Lupton
• Case 21C31836; ZCV20-00278
• $50 daily penalties ordered to begin 06/14/21
• Violations: noncommercial junkyard, too many
•
•
•
•
•
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,
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. 16th 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
• 35494 CR 43, Eaton
• Case 19C36287; ZCV19-00111
• $20 daily penalties ordered to begin 08/10/20
• Violations: 8+ unpermitted cargo containers, 3+
unpermitted semi -trailers, noncommercial junkyard
• Last certification for this property in June
• Property is now in compliance; court ended daily
penalties on 10/21/21. NO ACTION NECESSARY
• $20/day x 142 days = $2,840
• 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
• Property is still in violation
• $50/day x 167 days = $8,350
• Charles Bennett and Manuel Gallegos
• 1100 Fern Ave., Greeley
• Case 17C36110; ZCV17-00017
• $25 daily penalties ordered to begin 07/09/19
• Violations: unpermitted commercial business (truck
parking, salvage / storage yard, tire sales), persons
living in camper/RV
• Last certification for this property in July
• Property is still in violation
• $25/day x 167 days = $4,175
• 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 in July
• Property is still in violation
• $25/day x 167 days = $4,175
• Aryan Kiani and Matthew Irvin
• 331 Dunmire Street, Frederick
• Case 20C30918; ZCV19-00192
• $25 daily penalties ordered to begin 10/22/20
• Violations: noncommercial junkyard, derelict vehicles
• Last certification for this property in June
• Property is still in violation
• $25/day x 167 days = $4,175
• 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
• Property is still in violation
$50/day x 167 days = $8,350
Page 3 of 3
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
otice of Certification of Lien to Weld County Treasurer FAX: (970) 352-0242
November 4, 2021
Lucina Flores
112 N. Grace Avenue
Milliken, CO 80543
Ms. Flores:
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 September 21, 2021, the Court granted the County's Order Imposing Daily Penalties, finding that
your property was still in violation of the Weld County Code, and ordered you to pay a daily penalty of
$25.00 per day beginning on August 4, 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 November 15.2021 at 9:00 amt. 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 August 4, 2021 through November 15, 2021. This period totals 103 days and amounts
to $2,575.00. 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 S2.575.00. Such lien will have priority over all other security
interests, except for taxes. In addition to the $2,575.00, 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 Hannah Dutrow at (970) 400-3536.
Please feel free to contact me with any questions.
Respectfully,
Wet
Bob Choate
Assistant Weld County Attorney
Enclosure
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038, DATE
Greeley, Colorado 80632 CASE
Phone Number: (970) 475-2400
?MED: September 21, 2021 11:01 AM
NUMBER: 2020C31602
A FOR COURT USE ONLY
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
PORFIRIO FLORES and LUCINA FLORES,
Defendants.
Case Number: 20-C-31602
Division: C
ORDER TO LIFT STAY AND IMPOSE DAILY PENALTIES
This matter came before the Court on August 4, 2021 for an evidentiary hearing (the
Stipulation Review Hearing), and again on September 13, 2021 for a non -evidentiary review hearing
(the "Status Review Hearing"). At the Stipulation Review Hearing, Plaintiff was represented by
Assistant Weld County Attorney Gabriel Kalousek. At the Status Review Hearing, Plaintiff was
represented by Assistant Weld County Attorney Bob Choate. Defendant Lucina Flores appeared pro
se at both hearings. After the Stipulation Review Hearing, the Court made findings and granted the
Plaintiffs requested relief, ordering the imposition of a $25 daily penalty, but stayed the Plaintiff
from taking any action to collect the penalty for 30 days. After the Status Review Hearing, upon
hearing Plaintiff's request to lift the stay, and noting Defendant's lack of objection, the Court hereby
lifts the stay of collection.
For purposes of the Order Imposing Daily Penalties, 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 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. Defendant was properly
served on March 27, 2020. Defendant consented to the Court's jurisdiction and entered into
a stipulation on December 7, 2020, which was approved and ordered by the Court on April
9, 2020. The Court takes judicial notice of the stipulation.
2. Defendant owns and occupies the property located 112 Grace Avenue, Milliken, Colorado,
80543, in unincorporated Weld County (the "Property"). The Property is zoned (A) Agricultural.
3. By stipulation, Defendants agreed that the Property was in violation of the Weld County
Zoning Code due to the presence of an unpermitted accessory structure exceeding lot coverage
requirements, as well as the presence of more animal units than are permitted on the property.
4. The Court finds that the property is still being used in violation of the Weld County Zoning
Code, and further that the defendants have materially breached the stipulation. By stipulation, the
defendants agreed to submit a demolition permit application, reduce the animal units on site, and
allow the County's zoning compliance officer to inspect thereafter. As described in the testimony
of zoning compliance officer Hannah Dutrow, these action items have not occurred.
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 defendants
have 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 began on August 4, 2021 and will continued until further order of this
Court. The stay of collection previously ordered by the court is hereby lifted.
SO ORDERED.
September 21, 2021
Magistrate Randall Lococo Date
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