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Home My WebLink About20221878.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JUSTIN WALDEN 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, Justin Walden, 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, ZCV20-00174, 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 September 29, 2021, and WHEREAS, on November 15, 2021, the Weld County Board of Commissioners certified daily penalties for $1,175.00 for the period of September 29, 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 $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. 4846934 Pages: 1 of 2 08/08/2022 10:54 AM R Fee:$0.00 Carly Koppel, C1erk and Recorder, Weld County , CO Cc: PLCTP/MN/w=/13iP),Cq(SII/Kn% TRCRJ), APPL. V/29 /22 2022-1878 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JUSTIN WALDEN 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 WELL} COUNTY, COLORADO ATTEST: kt dido � Weld County Clerk to the Board BY! AP /ti1gliMA) Deputy Clerk to the Boar County ttorney Date of signature: 9 I l'1IZZ Scc tt K. James, Chair Mike Fr man, Pro-Te Lori Saine 4846934 Pages: 2 of 2 08/08/2022 10:54 AM R Fee:$0.00 Carly Koppel, Cl•rk and R�oo'd•r, W.ld County , CO VIII �1 �� 1I*:4 �kJLY44�N�4�� LIM Mw:�Yl 11111 2022-1878 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 2022-1878 PL 08N 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; ZCV18-00166 • $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 Dave Sanger Sr. • 15979 Nancy Ave., Ft. Lupton • 565 Dunmire St., Frederick • Case 21C33090; ZCV21-00001 • Case 21C30145; ZCV20-00093 • $25 daily penalties ordered to begin 09/03/21 • $10 daily penalties order to begin 05/12/21 • Violations: noncommercial junkyard, derelict vehicles, unpermitted semi -trailers • Violations: noncommercial junkyard, installation of cargo container without building permit • Property is still in violation • Property is still in violation $25/day x 188 days = $4,700 • $10/day x 188 days = $1,880 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 Page 2 of 2 ZCV2O-OO 174 Justin Walden 4730 Kings Canyon Dr * September 29, 2021 (daily penalty imposed) * $25 / Daily @ 188 days = $4700.00 * November 16, 2021 — May 22, 2022 e rill! WELD 'r t♦ ONLINE: COUNTY 473�� MAI'1)1NG • Kira 5 Can Canyon Dr • ' ., . . :. �;• I •. si ' • . ii • . _3, -, •• I . • :1111 I y. ,ill .. .• �y/.i�1 •q. .y. ..�`�. •.- ..-&- • . } • { ,- •• 1•, l!�b, •.• • lt.-� - .. yr. ,.1. c i'� S•t� ,♦p 'loo F. _',7 .~ _• s .4... •' ' j r • �.. t� w•, , - 1 t freilti -Sc.'".,.. t.•\ _ III •. �; - ) ', ,: ••" ♦ -. - �? •t I 1• V •. �i'�t V�.i�� k r"••` 1 3•.♦�, _►y. gib. •a� L ... • ••• 51 •• ' �tk't' ' - ... `• t. •'' .,}+� , •1 • . ;. �,• 1=• \- 1l• •tt• i1 r .. t ' .. . .1• • ;} ♦ �Ift • r , t .. r y _w.♦`•• •i • - • • .Y _• • ,- i go it ♦. �J Legend Parcels 4 ,• • r----- - r • Floodplain 500 Year ••'_•. • ••:. �yt - t 41 I 1 i.3 • Floodplain 100 Year Zone A ._flit • • .%r_ ;: -�, ^- ; .;; \ ` , I r+ + •' \ Floodplain - 100 Year Floodwa - 1 • , - —' -I , f` '. 1 _ } - 1, .: t .�• ft. `Ai _ * Floodplain - 100 Year Zone AE r, t . ,rA ',• _ :� :• '? Floodplain - 100 Year Zone AI- - I.41 r. •.. 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': ..� �`_. wr - ,, .... s: r 100 pOYearA ;+:' • a ai 11 w •'�•�ll �'' Eaton Ere Evans 500 Year , •r:,t 100 Year AEf , • •� Firestone \\1/4 ,, �••`tea .. es.- . ~ - :� :. • Fort ton si Frederick a Garden City Gilcrest Y. • ^•• ` �= ,• 1,a,.‘.••• �•:=• :. _ ,2,0‘ 1: 35�8 .,..- CI r ,t-. ~-e Notes •r... �. \\ •yl/ tY'i ins+� .,� - -- '_._.—' f� , •_ At •• t .-.f ... _t f 5,834.6 0 2,9 17.31 5,834.6 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_Auxrlrary_Sphere current or otherwise reliable. 0 Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION FT" iiiiir:u WELD COUNTY 4730 Kinas ONLINE: MAPf'INCJ :J Canyon J Dr - I t f�ft Collins • . is.7 . � ,� 4•65`t '46474,1 _..r•: • •, Apt ‘. - . ilit i.,. 1 wide 'a •w • .� •`. . 4 ' •y. ..x 4 ^ Alp ,1, tt,J ♦� • V. , :` Legend et * 4t'57 - (:ARL_SBAD DR Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A • :. r.• • """• Ark'') 1 '" . ;< \• Floodplain - 100 Year Floodplain - 100 Year Floodwa Zone AE ,.. •' mil_• • _ e Floodplain 100 Year Zone AF- „ - ,' - � �"" • `' ."' . .., re.°' Floodplain - 100 Year Zone AC . ; , ,,' ^- • 1 _ ' •' 1�7 'M �,, ,s la R� iiiii\• �y�, ,. Vim, ... - - . ' Preliminary Flood{�ain - 500 YE ' - . •, •• 1 \ Z y r 1 J * • Preliminary Floodplain Preliminary Floodplain - 100 100 YE YE • • 3 }-� • \ - •.. •• lit !�•, ZQ� ` ogiv v ' li,'• • . • . � �,, Preliminary ■ Preliminary Floodplain Floodplain - 100 YE - 100 Yf • O,t. c_`'" � Highway ," , , • to /, . �. itimblori O County Boundary • 1'1E: m : - 40 * it.,, ; • " 1 • * . i t lam.. �'. *AA. ,• to " - h,. .✓•d • w "_ '. '► 4735, W s \ w —..- . d2 . •^• ( "'' •1.547 O :. ,. � . - r , - Notes 1 • 91.2 45 s8 91.2 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_Auxiliary_Sphere current or otherwise reliable. C Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION ..�,r M.._. ........n�n�.v. yx..w.re •.rte.. ...r..r......_..u. the„, I I. ,,r _., WELD COUNTY ONLINE_ MAPPING ING 4730 Kinds Ca nyon Dr '' ' ,•"' k •4• L,� t .4647 • t .• 5 • • 4653 •.—�--ea ` �'( ; i y ,`` :,,. • '••' st Y • IIISr I . iv.:.,... •• --Di. •� I •; ,., Legend s••• ` '-Y . + + •,. :4657 .'i �• � .." ' ,,I'" 5 CARLSBAD DR t•Floodplain \ Parcels Floodplain Flood Floodplain P - 500 lain - 100 - 100 - 100 Year Year Year Year Zone A Floodwa Zone AE • '• - — Floodplain - 100 Year Zone AI- '• .: • - . i ,, ' ` M ."► II Floodplain 1 OO Year Zone AC • ' •� ,'# 4 - --et - x Preliminary Floodplain - 500 YE . a .. O _ 'bi t. ' ,.. j • • f Preliminary Floodplain - 100 YE ' • - " ry - • •� •k '� ` \ Preliminary Floodplain - 100 YE I• � ', + Preliminary Floodplain - 100 YE r N - ' -,,,e; - ' ' • • • • t•'- Preliminary y FI - E odplain /•• • Highway v ti s. ' Z` - ' .. ..3 E Y c ,'` , R:41. a p < �"° :: County Boundary \ • ••. a •- F: • Jf •': Itf • • • . ,.. _ - • % • 473.5; 4734 " ". ... g ist. . pri•s, , - 0-; 4 . ... . •1 J ♦4 35 M rw•. .� tt r 1:547 y O •. " Notes • �.. tom a 91? 0 45 58 91.2 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_Auxiliary_Sphere current or otherwise reliable. O Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION 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 Justin Walden 4730 Kings Canyon Drive Greeley, CO 80634 Mr. Walden: 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 October 7, 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 $25.00 per day beginning on September 29, 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 June 29.2022 at 9:00 a.nt. 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 S4.700.00. 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, catin lin Perry Assistant Weld County At tl fney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, CO 80632 Phone Number: (970) 475-2400 DATE FILED: October 7, 2021 9:11 LASE NUMBER: 2021C31191 ♦FOR COURT USE ONLY Case Number: 21-C-31191 Division: C BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, V. JUSTIN WALDEN, Defendant. ORDER IMPOSING DAILY PENALTIES This matter came before the Court on September 29, 2021 for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on June 14, 2021. Plaintiff was represented by Assistant Weld County Attorney Bob Choate. Defendant Justin Walden failed to appear. 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 April 4, 2021. Defendant consented to the Court's jurisdiction and entered into a stipulation which was approved and ordered by the Court on June 14, 2021. 2. Defendant owns or occupies the property located 4730 Kings Canyon Drive, Greeley, Colorado, 80634, in unincorporated Weld County (the "Property"). 3. By stipulation, Defendant agreed that the Property was in violation of the Weld County Zoning Code due to the presence of a non-commercial junkyard and derelict vehicle. 4. The Court finds that the property is still being used in violation of the Weld County Zoning Code, and further that the defendant has materially breached the stipulation. By stipulation, the defendant agreed to either remove the derelict vehicle or register and repair it by August 3, 2021, and to contact the County's zoning compliance officer to inspect thereafter. As described in the testimony of zoning compliance officer Bethany Pascoe, 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 defendant has 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 begins on September 29, 2021 and will continued until further order of this Court. SO O Magistrate Randa I I.U(:oco Date October 7, 2021 Hello