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Home My WebLink About20221441.tiffRESOLUTION RE: APPROVE DISMISSAL OF CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DANIELA FLORES AND PAULA GRADO 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, Daniela Flores and Paula Grado, 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, ZCV20-00109, and upon Weld County's motion, the County Court ordered the Defendants to pay $50.00 for each day that the property remained in violation of the Weld County Code, beginning on July 12, 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 $6,300.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from July 12, 2021, through November 15, 2021 (a period of 126 days), be continued to February 14, 2022, at 9:00 a.m., to allow the property owners further time to bring the site into compliance, and WHEREAS, at a hearing held on the 14th day of February, 2022, the Board of Commissioners of Weld County, Colorado found that the Certification of $10,850.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from July 12, 2021, through February 14, 2022 (a period of 217 days), be continued to April 18, 2022, at 9:00 a.m., to allow the property owners further time to being the site into compliance, and GC : P�(TP/Ws/6P), C AGRS/1Ch1), TR(RF) A PPL. V2/22 2022-1441 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DANIELA FLORES AND PAULA GRADO PAGE 2 WHEREAS, at a hearing held on the 18th day of April, 2022, the Board of Commissioners of Weld County, Colorado found that the Certification of $10,850.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from July 12, 2021, through February 14, 2022 (a period of 217 days), be continued to May 23, 2022, at 9:00 a.m., to allow the property owners further time to being the site into compliance, and WHEREAS, at a hearing held on the 23rd day of May, 2022, staff is recommending the Certification of $10,850.00 to the Weld County Treasurer as a special assessment for the daily violation penalties from July 12, 2021, through February 14, 2022 (a period of 217 days), be dismissed and the civil penalties be declared no longer due or owing, as the property is now in compliance and the court ended the daily penalties. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification to the Weld County Treasurer, be, and hereby is, dismissed and the civil penalties, be, and hereby are, declared no longer due or owing. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of May, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLORADO ATTEST: da„t„,) Weld County Clerk to the Board BY: Deputy Clerk to the Board APP: = • ED County Attorney Date of signature: 5(27/ cot K. James, Chair Lori S an, Pro-Te 2022-1441 PL0824 ZCV20-00109 Daniela Flores and Paula Grado 9659 CR 44 2022-1441 * July 12, 2021 (daily penalty imposed) * $50 / Daily @ 217 days = $10,850.00 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 ao7a - 1 ► 1 0 ZCV20-O01O9 Daniela Flores and Paula Grado 9659 CR 44 * July 12, 2021 (daily penalty imposed) * $50 / Daily @ 217 days = $10,850.00 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; ZCV 19-00279 • $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; ZCV 19-00290 • $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 ome-1 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 DANIELA & GRADO PAULA 9659 COUNTY ROAD 44 MILLIKEN CO 80543 Zoning Violation Case: ZCV20-00109 Legal Description: PT SE4 15-4-67 PARCEL B REC EXEMPT RE -84 EXC UPRR RES (.33R) 9659 44 CR WELD 80543 Situs Address: 9659 CR 44 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 on July 12, 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 $10150 (07/12/2021 - 01/31/2022= 203 days x $50 daily). To bring the property into compliance, the following actions shall occur: 1) NONCOMMERCIAL JUNKYARD must be removed or SCREENED from the road and all neighboring properties. This excludes any Commercial Storage which must be removed from the property. 2) Only one operational COMMERCIAL VEHICLE may remain on site. All other COMMERCIAL VEHICLES must be removed from the property. 3) A Detached Accessory building permit application must be submitted, approved and issued for the two Cargo Containers on site. 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-33562). 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, C �kik L I-?,)1/1T.r.t,- Hannah Dutrow Zoning Compliance Officer File: ZCV20-00109 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 DANIELA & GRADO PAULA 9659 COUNTY ROAD 44 MILLIKEN CO 80543 Zoning Violation Case: ZCV20-00109 Legal Description: PT SE4 15-4-67 PARCEL B REC EXEMPT RE -84 EXC UPRR RES (.33R) 9659 44 CR WELD 80543 Situs Address: 9659 CR 44 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 on July 12, 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 $8600 (07/12/2021 -12/31/2021= 172 days x $50 daily). To bring the property into compliance, the following actions shall occur: 1) NONCOMMERCIAL JUNKYARD must be removed or SCREENED from the road and all neighboring properties. This excludes any Commercial Storage which must be removed from the property. 2) Only one operational COMMERCIAL VEHICLE may remain on site. All other COMMERCIAL VEHICLES must be removed from the property. 3) A Detached Accessory building permit application must be submitted, approved and issued for the two Cargo Containers on site. 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-33562). 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: ZCV20-00109 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 DANIELA & GRADO PAULA 9659 COUNTY ROAD 44 MILLIKEN CO 80543 Zoning Violation Case: ZCV20-00109 Legal Description: PT SE4 15-4-67 PARCEL B REC EXEMPT RE -84 EXC UPRR RES (.33R) 9659 44 CR WELD 80543 Situs Address: 9659 CR 44 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 on July 12, 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 $7100 (07/12/2021 - 11/30/2021= 142 days x $50 daily). To bring the property into compliance, the following actions shall occur: 1) NONCOMMERCIAL JUNKYARD must be removed or SCREENED from the road and all neighboring properties. This excludes any Commercial Storage which must be removed from the property. 2) Only one operational COMMERCIAL VEHICLE may remain on site. All other COMMERCIAL VEHICLES must be removed from the property. 3) A Detached Accessory building permit application must be submitted, approved and issued for the two Cargo Containers on site. 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-33562). 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: ZCV20-00109 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 DANIELA & GRADO PAULA 9659 COUNTY ROAD 44 MILLIKEN CO 80543 Zoning Violation Case: ZCV20-00109 Legal Description: PT SE4 15-4-67 PARCEL B REC EXEMPT RE -84 EXC UPRR RES (.33R) 9659 44 CR WELD 80543 Situs Address: 9659 CR 44 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 on July 12, 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 $5550 (07/12/2021 - 10/31/2021=111 days x $50 daily). To bring the property into compliance, the following actions shall occur: 1) NONCOMMERCIAL JUNKYARD must be removed or SCREENED from the road and all neighboring properties. This excludes any Commercial Storage which must be removed from the property. 2) Only one operational COMMERCIAL VEHICLE may remain on site. All other COMMERCIAL VEHICLES must be removed from the property. 3) A Detached Accessory building permit application must be submitted, approved and issued for the two Cargo Containers on site. 4) You shal 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-33562). 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, C fetiGLAArek Hannah Dutrow Zoning Compliance Officer File: ZCV20-00109 CC: County Attorney's Office ORDER 1 Plaintiff proved by a preponderance of evidence a material breach of the Stipulation and Order 2 A $50 00 per day penalty is ordered due to the continued violation The penalty will begin on July 12, 2021 and will continued until further order of this Court DONE THIIS.B Y of July, 20 July 20, 2021 Magistrate Randall Lococo Date Hello