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Home My WebLink About20221877.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DAVE SANGER, SR. 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, Dave Sanger, Sr., 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, ZCV20-00093, 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 May 12, 2021, and WHEREAS, on November 15, 2021, the Weld County Board of Commissioners certified daily penalties for $1,920.00 for the period of May 12, 2021, through November 15, 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 $1,880.00 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. 4848933 Pages: 1 of 2 08/08/2022 10:54 AM R Fss:$0.00 Carly Kopp., Clerk and Recorder, Weld County , CO IIII FAMIONI hl KII+IIMIMESM.hV Y44 BM CC: PL (TP/MN/(4s./aP), C A (ti131x11, TR(Rc), APPL• V/29/2.2 2022-1877 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DAVE SANGER, SR. 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 BOUNTY, COLORADO ATTEST: V.,,,,,thio w ` : Weld County Clerk to the Board By(Abto-nt.tdiA APP Deputy Clerk to the Board County Attorney Date of signature: I2 Scot ames, Chair Lori Saine 4846933 Pages: 2 of 2 08/08/2022 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and R.00rder, Weld County , CO iiii IN�.ra�L� II�al 'Vir ki4 �� aiGCii Il irf1i� 11111 2022-1877 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 2022-1877 Fit,o7z1 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; ZCV 18-00166 • $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 • 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 ZCV2 0-00093 Dave Sanger Sr 565 Dunmire St * May 12, 2021 (daily penalty imposed) * $10 / Daily @ 188 days = $1880.00 * November 16, 2021 — May 22, 2022 1 t WELD COUNTY ONLINE MAPPING 5�J n�anrn• St e _I. a Collin , 1 i_1t_t metal fw. ,7• I, 1 �r�s�.I`\r 010 ear AE Legend Parcels t\ i\ ��Irtil / OW\-,vttl�♦ r �\ v\ � t OL.I- `✓HY r r` Ery t ..�.._ IAI --- ` ! t- I ' GRAN I a �tt�t> :.� �' t - �Y ,;; Floodplain - 500 Year twill 4I rlr\ ►,_1`ti itR -a„•y it Floodplain 100 Year Zone A Floodplain 100 Year Floodwa f -r> Floodplain - 100 Year Zone AE ��- / .. . , f Ili la Floodplain - 100 Year Zone Al- :1. 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DAVIS DR I.) 1: :• `'10 tl I P N !. r .!- K �ru y C.) :L r `•- NE) I t. C.-;:;:".1*, C. I .c it t 1 t a•i �.^' r-- . I i.. ill Li 4 I ; ; .-, E if) ti, _ ill I I fr:I I I -._ �-Jis, ill /-: I 21 - Q. .J (a/) `- ^k C / 1 1 -1 t it "-. t ' -, • .r.- ke, ^ • LA, i e- ';'•E I ' 1 ' 17 504 Notes 2,91?.3 Q 1,458.x;5 2,917,3 F eet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION 711, WELD COUNTY 565 Dunmire St Sliest ONLINE MAPPING WGS_1984_Web_Mercator_Auxiliary_Sphere CI Weld County Colorado 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 180.3 0 91.17 182.3 Feet Legend • • at O Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Flooding Floodplain - 100 Yea Zone AE Floodplain - 100 Year Zone Al - Fl oodplai n - 100 Year Zone AC Preliminary Floodplain - 500 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Highway County Boundary Notes N2111211)22 AMIE I4, 1 VIII ek �Q 'Ji111A' st.r� 1 brs Fir' t 182.3 91.17 182.3 Feet WELD COUNTY Ar ONLINE MAPPING WGS_1984_Web_Mercator_Auxiliary_Sphere ,tom Weld County Colorado 565 Dunmire St This map is a user generated static output horn 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 Cheyenne Fort Cohins eu Legend Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone AI- Floodplain - 100 Year Zone AC Preliminary Floodplain - 500 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Preliminary Floodplain - 100 YE Highway O County Boundary Notes 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 Dave Sanger Sr. PO Box 883 Frederick, CO 80530 Mr. Sanger: 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 May 12, 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 May 12, 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 ;Line 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 "Cr 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 $1,880.00. 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 51.880.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $1,880.00, 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. Res ectfully, 04.01}11 A•141( ai lin Perr y Assistant Weld County Attorn Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 901 9`h Avenue, P.O. Box 2038, Greeley, CO 80632 Phone Number: (970) 475-2400 DATE FILED: May 12, 2021 10:06 A CASE NUMBER: 2021C30145 ♦FOR COURT USE ONLY BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. DAVE SANGER, SR., Defendant. Case Number: 21-C-30145 Division: C ORDER FOR DEFAULT JUDGMENT THIS MATTER comes before the Court on Plaintiffs Motion for Default Judgment. The Court has reviewed the Motion with all Affidavits attached, as well as the file in this case; and being otherwise fully advised in the premises, hereby finds: 1. The Plaintiff commenced this suit by filing its Complaint with the Court on January 13, 2021. 2. The Plaintiff brought this action against the Defendant pursuant 30-28- 124.5(2), C.R.S. and the Weld County Code due to the presence of a visible noncommercial junkyard and an unpermitted cargo container located at 565 Dunmire Street, Weld County, CO. 3. Service was made upon Respondent, DAVE SANGER, SR., on February 1, 2021, by the service of the Summons and a copy of the Complaint, Answer, Stipulation and Advisement. A copy of the return of service was properly filed with the Court on February 3, 2021. 4. The Defendant has not filed an answer as outlined in C.R.C.P. 312, or any answer as of the date of this Order. 5. The Defendant is in default, and the Plaintiff is entitled to the relief requested in the Motion for Default Judgement. 6. Venue has been considered and is proper in this Court as the subject property is within the County of Weld, State of Colorado. 7. The Motion for Default Judgment is HEREBY GRANTED IT IS ORDERED that the Defendant pay an initial penalty of $50.00 and a daily penalty of $25.00 which shall begin on the date of this Order. DATED: September 3, 2021 BY RANDALL C. LOCOCO County Court Magistrate, 19th Judicial District Hello