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Home My WebLink About20221810.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DONALD HARRIS AND CHRISTINA ELAM 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 Defendants Donald Harris and Christina Elam, claiming that the Defendants' property is 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, ZCV16-00129, and upon Weld County's motion, the County Court ordered Defendants to pay $20.00 per day that the property remained in violation of the Weld County Code, beginning on August 7, 2017, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: August 8, 2018: $3,620.00 for the period of January 1, 2018, through July 1, 2018; June 19, 2019: $6,680.00 for the period of July 2, 2018, through May 31, 2019; January 20, 2020: $4,280.00 for the period of June 1, 2019, through December 31, 2019; November 16, 2020: $5,480.00 for the period of January 1, 2020, through September 30, 2020; July 7, 2021: $4,860.00 for the period of October 1, 2020, through May 31, 2021; November 15, 2021: $3,340.00 for the period of June 1, 2021, through November 15, 2021 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $3,760.00 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. 4842540 Pages: 1 of 2 07/18/2022 11:13 AM R Fee:$0,00 Carly KwP.. , Clerk and Reoordo , Wald County , CO iii HV�1k�Q P 1 �4��Chr° �l4�h�M a��ti w� �I 11111 GG'.PL(TP/MWNZ/BPI, CA(133/KN4 TR(RF) APPL, 2022-1810 g/5 /22 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DONALD HARRIS AND CHRISTINA ELAM PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dectilod Scott PC" James, Chair Weld County Clerk to the Board Mikefraeman, Pro-Tem BY: eputy Cler APP ED A y orney Lori Saine 4842540 Pages: 2 of 2 07/18/2022 11:13 AM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Wald County , CO id BM Date of signature: 7/7/22. 2022-1810 PL0824 TO: FROM: DATE: Board of County Commissioners Caitlin Perry, Assistant County Attorney June 22, 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. Susan Beasley Andres Benjamin Hernandez Jr. • 17930 CR 12, Fort Lupton • 11523 Christian St., Fort Lupton • Case 21C31827; ZCV20-00097 • Case 22C30195; ZCV21-00290 • $50 daily penalties ordered to begin 02/07/22 • $40 daily penalties ordered to begin 03/07/22 • Violations: occupied camper/trailer-rv; multiple • Violations: visible noncommercial junkyard within the derelict vehicles and camper/trailer-rv's that are floodplain unscreened and/or not owned by Ms, Beasley • Property is still in violation • Property is still in violation • $40/day x 77 days + $50 initial penalty = $3,130 • $50/day x 105 days + $50 initial penalty = $5,300 Vince Holton John Krenzelok • 22795 Hwy 392 • 39538 Boulevard B, Eaton • Case 21C37085; ZCV20-00078 • Case 21C34313; ZCV21-00077 • $10 daily penalties ordered to begin 03/07/22 • $50 daily penalties ordered to begin 03/21/22 • Violations: storage of a mobile home without a permit • Violations: unpermitted manufactured structure, • Property is still in violation occupied camper/trailer-rv, nonconforming • $10/day x 77 days + $25 initial penalty = $795 noncommercial junkyard w/o a principal use, accessory structures without a principal use • Property is still in violation $50/day x 63 days + $50 initial penalty = $3,200 The next seven 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. Bruce Brotemarkle • 1708 CR 32, Platteville • Case 20C32497; ZCV19-00290 • $50 daily penalties ordered to commence 12/10/20 Charles Bennett and Manuel Gallegos • 1100 Fern Ave., Greeley • Case 17C36110; ZCV 17-00017 • $25 daily penalties ordered to begin 07/09/19 Page 1 of 2 2022-1810 PLo`- 9 • Violations: noncommercial junkyard, persons living in Camper/RV • Last certification for this property was 2/14/22 • Property is still in violation $50/day x 97 days = $4,850 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 • Last certification for this property was 11/15/21 • Property is still in violation • $25/day x 188 days = $4,700 • Violations: unpermitted commercial business (truck parking, salvage / storage yard, tire sales), persons living in camper/RV • Last certification for this property was 11/15/21 • Property is still in violation • $25/day x 188 days = $4,700 Jerry Dill and Lynne Kelly • 3108 O St., Greeley • Case 21C32551; ZCV20-00124 • $10 daily penalties ordered to begin 08/20/21 • Violations: unpermitted mobile home, unpermitted commercial storage business, unpermitted commercial vehicles, noncommercial junkyard, derelict vehicles • Last certification for this property was 11/15/21 • Property is still in violation • $10/day x 188 days = $1,880 • 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 11/15/21. • Property is still in violation • $20/day x 188 days = $3,760 Consuelo Hernandez • 3223 CR 19, Ft. Lupton • Case 21C31839; ZCV20-00215 • $20 daily penalties ordered to begin 07/12/21 • Violations: noncommercial junkyard, installation of multiple cargo containers without building permits • Last certification for this property was 11/15/21 • Property is still in violation • $20/day x 188 days = $3,760 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 11/15/21 • Property is still in violation • $25/day x 188 days = $4,700 Page 2 of 2 ZCV16-0O129 Christina Elam (aka Bernardt) and Donald Harris 20453 CR 54 * August 7, 2017 (daily penalty imposed) * $20 / Daily @ 188 days = $3760.00 * November 16, 2021— May 22, 2022 This map is .1 user generated static output from an Internet mapping site and is for reference only Data layers that appear on this map may or may not be accurate. current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION WELD COUNTY r1 ;; t a ONLINE MAI'I'ING Elam/Harris ZCV16-00129 Flood •#«• , ..,t 7 , ;- w_t •NJ lrf: c�• ;r: ;fly g .��. r'' • i - .�. - L. 1 1. �L -t`a '� e:e; t..� .i iir7:•_..- i3 i .. #:..:a:�J 1 e 4 I. ., _ •_... 11.L1-��__•• l 'ti/ Q.. .•rr, . .. ._ _ x.. �t. •�*:j;:L �y G l lit'-T�y ,:4sJ76CTi a-.- � ' 26.T* ' { M - } �'v<�tr.7� era'•:._. :� UM .,..,,m. , , ; 1 x- I _ \\\\1/4\\C\ Legend eta, SSA �gYP -! < i� $` : - .� ;...� ; 'tip.,' .= :-' W = _Hl�;H11' • Parcels : �f �; \d,tiYiP.FB'�"" • P NWr Y • - •''r`t'e o = dta:lil " G� •:5.• + � ,,le Flo dpi 500 O "In Year d � 7 V g•� I • Floodplain 100 Year Zone A r� "�i •' 'tn. 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Y'�'r�, iar *468.5 0 2,234.23 4,468,5 Feet 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_Auxrliary_Sphere current, or otherwise reliable O Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION • - • %A+s -. " _*-s b'A:a►..•.w,:.o... ♦rsellr1 •••••.'s-. ry..rss'ns'sMw'^'.sw MAP "- • i.YA�W.\'!. a .-.PDM�TR.r:F...d' ."AMrY_Y_•s i_S M_M I• -- ^r' --1.- . -,.._. -- T. -T .f. r . .Y...._.__r -r- - ir,"117 WELD COUNTY girt ONLINE MAPPING EI rr7/H rris ZCV-I6-00129 Flood ...f.qn ja.t r .•.: . 4, l,ttl 44 1.."." • j+ 'K itttaiiifi *Ojai fref!' i 1ww •� �� irli 111iltil b~ = a mss. 4,468.5 2,234.23 4,468.5 Feet tnftata re WGS_1984_Web_Mercator_Auxrliary_Sphere © Weld County Colorado cv:rr;a.1 rc This map a user generated static output from an Internet mapping site and is for eterence only Data layers that appear on this map may or may not he accurate, current or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION ■ a a Chayct lac 1O 11 CoWns 41 Ur►►ver Legend Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone Al- Floodplain - 100 Year Zone AC Highway Road Road Highway City Limits - Extended Ault Berthoud Brighton Dacono Eaton Erie Evans Firestone Fort Lupton Frederick Garden Crty Gilcrest Greeley Grover 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 otice of Certification of Lien to Weld County Treasurer June 3, 2022 Christina Elam Donald Harris 20453 WCR 54 Greeley, CO 80634 Ms. Elam and Mr. Harris: 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 7, 2017, 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 $20.00 per day beginning on August 7, 2017, 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 June 22.2022 at 9:00 a.n1. 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 $3,760.00. 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 53.760.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $3,760.00, 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, Ca tlin Perry Assistant Weld County Attorney Enclosure CASE NO. 17C -03.0784 DATE: 08/07/17 HEAR C JO: MARK GONZALES CLERK: OO `-t6 BOARD OF WELD COUNTY COMMISS () WELD COUNTY COURT MINUTE ORDER COUNTY CODE / ZONING VIOLATION DATE FILED; August 7, 20(7 ) ELAM, CHRISTIMU, NUMBER: 20170307811 W:i KiMitrAugai O Deft Counsel: ( )ILTX ',maOR CONTINUED SUMMONS RETURNS • ❑ Zoning Violation §30-28-124.5 & 210 C.R.S.; Cty Code § & narrative based on complaint O ❑ Defendant Appears ❑ Motion, Stipulation & Order O Stip adopted. Review: O Agreed Penalty: $ (paid to county per stipulation; send downstairs) O Continue per parties. Next RDOS: (notice given in court) ❑ Denial/Answer. PTCF set for: (Order PTCF issued in court) ❑ Defendant FTA O Plaintiff request default O Default entered ❑ Initial Penalty Ordered: $ ❑ Motion for Initial &/or daily penalty auth./file w/in 14 Hearing on (Court will issue order & send notice) ❑ Continue per county because: Next RDOS: (county to give notice) POST -DEFAULT OR POST -TRIAL JUDGMENT OR PENALTY HEARING ❑ Defendant Appears O Defendant FTA (when was notice sent) ❑ Continued at County's request because: to: (county to notice) ❑ Continued at defendant's request because: to: (notice given) ❑ Stipulation: ❑ Agreed Penalty: $ (paid to county per stipulation; send downstairs) ❑ Hearing O !nit pen already imposed? $ El Witnesses for County: O Witnesses for Defendant: b-eim Jn2pSj -jai lbict p.4„,) '1g/ - fry - 11111- coyl AnCO 40-vq6ecei t; ; Hello