HomeMy WebLinkAbout20221807.tiffRESOLUTION
RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - BRUCE BROTEMARKLE
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, Bruce Brotemarkle, 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, ZCV19-00290, and upon Weld County's
motion, the County Court ordered the Defendant to pay $50.00 for each day that the property
remained in violation of the Weld County Code, beginning on December 10, 2020, and
WHEREAS, on the following dates, the Weld County Board of Commissioners certified
daily penalties for the following amounts:
• July 7, 2021: $6,650.00 for the period of December 10,
2020, through May 31, 2021;
February 14, 2022: $12,900.00 for the period of June 1,
2021, through February 14, 2022
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 $4,850.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from February 15, 2022, through
May 22, 2022 (a period of 97 days), be, and hereby is, approved.
4842537 Pages: 1 of 2
07/18/2022 11:13 AM R Fee:$0.00
Carly Koppee, Clerk and Reoorder, Weld County , CO
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2022-1807
PL0824
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT - BRUCE BROTEMARKLE
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: dart& :t,
Sco t James, Chair
Weld County Clerk to the Board
Mike -Freeman, Pro -Term
County orney
Date of signature: 7/7/..2
4842537 Pages: 2 of 2
07/18/2022 11:13 AM R Fee:$0.00
Carly Kopp. , Clark and Reoorder, Wald County , CO
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2022-1807
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; ZCV 19-00290
• $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
2022-1807
PC,082q
• 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
ZCV19-00290
Bruce Brotemarkle
17080 CR 32
* December 10, 2020 (daily penalty imposed)
* $50 / Daily @ 97 days = $4850.00
* February 15, 2022 — May 22, 2022
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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
Bruce Brotemarkle
17080 CR 3
Platteville, CO 80651
Mr. Brotemarkle:
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 December 17, 2020, 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 $50.00
per day beginning on December 10, 2020, and continuing until the zoning violation is removed from the
property. Upon information and belief, the zoning violation still exists on your property.
At a public hearing on June 22.2022 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
"O" Street, Greeley, CO 80631. The hearing will address the penalties for the period from February
15, 2022 through May 22, 2022. This period totals 97 days and amounts to $4,850.00. 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 54.850.00. Such lien will have priority over all other security
interests, except for taxes. In addition to the $4,850.00, 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,
itlin Perry
Assistant Weld County Y.4fftorney
Enclosure
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038, ? ,VT7, FILED: I)ccember 17, 702.0 6:33 PM
Greeley, Colorado 80632 CASE NUMBER: 2020C32497
Phone Number: (970) 475-2400
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
Bruce Brotemarkle
Defendant.
A FOR COURT USE ONLY
Case Number: 20-C-32497
Division: C
PROPOSED ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS
This matter came before the Court on December 10, 2020 for a Hearing. Plaintiff was
represented by Assistant Weld County Attorney Gabriel Kalousek, and Defendant, Bruce
Brotemarkle, was pro se. Testimony was heard from Bethany Pascoe, Weld County Zoning
Compliance Officer, and Bruce Brotemarkle. Based upon the foregoing, this Court makes the
following findings of fact:
1. This Court has jurisdiction over the subject matter and the parties herein. Defendant was
properly served on July 1, 2020. The Court took judicial notice of the stipulation.
2. At the hearing the Court took judicial notice of the Weld County Code.
3. The action is based on the Plaintiff's claims of zoning violations and Chapter 23 of the Weld
County Code, as permitted by § 30-28-124.5, C.R.S. and Weld County Code Section 23-10-40,
Plaintiff alleged violation of Weld County Code Sections 23-3-20 and 23-3-30. In the
Stipulation the parties agree that there are violations of the Weld County Code due to the
continued utilization of camper/trailer RVs for occupancy purposes and the presence of a visible
noncommercial junkyard. In the Stipulation, the Defendants agree, among other things, to
"completely remove or screen the visible noncommercial junkyard with approved screening
material and to ensure that the campers, trailers and RVs are not utilized on the property for
residential purposes on or before October 27, 2020."
4. Testimony at the hearing established the following: Defendant owns the property located at
street address 17080 CR 32, Platteville, Weld County, Colorado 80651, Exhibits 1— 7 show that
there remain, after October 27, 2020, a visible noncommercial junkyard and
campers/trailers/RVs that are occupied. Exhibit 1 shows a light illuminated on a camper trailer,
Exhibit 2 shows a camper that is extended. Exhibits 3-7 show various noncommercial junkyards.
Ms. Pascoe testified that she visited the property on December 2, 2020 and December 9, 2020
and it was still in violation of the stipulation. Defendant testified that the noncommercial
junkyard consisting of lumbar is for home heating purposes. The Defendant also testified that
the campers are not occupied, and that people use them as storage. The Defendant alleged that
the light on the camper is solar powered, and it only comes on at night. The Court does not find
the Defendant's representations credible. The lumbar depicted in the pictures is of sufficient
quantity to heat several homes for over a year. The size and way the lumbar is stacked also
suggests it is not for home heating purposes. Exhibit 1 shows the camper light on during the day,
which is in contract to the Defendant's testimony. The Defendant agreed to remedy the
violations on the property as set forth in the stipulation, but has failed to do so.
5. There is a material breach by the Defendants of the obligations and conditions of the
Stipulation and Order.
6. The parties agreed to daily penalties of $50.00 per day,
ORDER
7. Plaintiff proved by a preponderance of evidence a material breach of the Stipulation and
Order.
8. A $50.00 per day penalty is ordered due to the continued violation. The penalty will begin
on December 10, 2020 and will continued until further order of this Court.
DON Decemb . 2020
Magistrate Randall Lococo
Randall Lococo
Magistrate
December 17, 2020
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2022-1807
PL0824
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT — BRUCE BROTEMARKLE
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 d, i4) .1d1O;e1
Weld County Clerk to the Board
BY
AP
County ' ' orney
Date of signature 7/7/22
4842527 Pa.®a: of 2
imull
07/18/2022 11 18 80 02F.: $0 00
Carly Kopp�o Clerk and Wtld County COlam
Scott °k James, Chair
Mips Freeman, Pro-Te
n Same
2022-1807
PL0824
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