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HomeMy WebLinkAbout20211769.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOEL COX AND LAVONNA HARPER 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 Joel Cox and Lavonna Harper, 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 brought the property into compliance with the Weld County Code, in relation to Zoning Compliance Violation, ZCV19-00302, and 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 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from November 9, 2020, through May 31, 2021 (a period of 204 days), be, and hereby is, denied. cc: PL.(Wx/8P/Hp), CR(6k), tR(QF) og/j7/¢1 2021-1769 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOEL COX AND LAVONNA HARPER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d,dtdeLvti ...e40 tA, Weld County Clerk to the Board Count ttorney Date of signature: •I/1 Stev, Moreno, Chair Scot . Ja es, Pro-Te 2021-1769 PL0824 ZCV19-00302 Joel Cox & Lavonna Harper @ 21038 CR 10 — Case History 11/13/2012 - ZPMH12-0013 Submitted as a Temporary during Construction. ((Vacated)) 07/31/0215 - BCR15-00859 — Interior remodel of existing Manufactured Home (Expired)) 10/13/2015 - MFG15-00182 —Temporary during Construction unit (finaled 03/22/2019) 10/13/2015 - ZPMH15-0030 Submitted Temporary during Construction. ((Vacated)) 10/16/2017 - RSA17-0410 - Re -permit of MFG15-00182 ((Expired)) 12/06/2017 - ZPMH17-0087 17-0087 — Submitted Temporary during Construction ((Expired)) 06/20/2018 - ZCV18-00143 due to the expiration of the Temporary during Construction & Noncommercial Junkyard and Cargo Containers & Semi -Trailers. ((18-C-36245)) 05/03/2019 - ZCV18-OO143 closed. 05/19/2019 —Joel Cox requested extension regarding ZPMH17-0087 06/13/2019 —Tom Parko, Director of Planning Services granted a 90 -day extension (09/13/2019) 11/04/2019 - ZCV19-OO3O2 issued for expiration of ZPMH17-0087. 01/17/2020 - RSA20-0025 — Re -permit of RSA17-0087 & MFG15-00182 02/11/2020 - ZCV19-00302 was forwarded to the County Attorney's Office for legal action 07/08/2020 — Motions Stipulation & Order approved by Court 11/09/2020 - $25 Daily Penalty imposed (20-C-32361) 12/01/2020 — Daily Penalty reminder letter ($600) 01/01/2021— Daily Penalty reminder letter ($1375) 02/01/2021— Daily Penalty reminder letter ($2150) 03/01/2021— Daily Penalty reminder letter ($2850) 04/01/2021— Daily Penalty reminder letter ($3625) 05/01/2021— Daily Penalty reminder letter ($4375) 06/01/2021— Daily Penalty reminder letter ($5150) 06/02/2021- RSA20-0025 - Final approval pending removal of Temporary during Construction manufactured home 06/30/2021— Mr. Cox called and indicated the mobile home has been removed. 07/01/2021— Inspection completed. 2021-1769 07/01/2021— Daily Penalty reminder letter ($5900) ZCV19-OO3O2 Joel Cox & Lavonna Harper 21038 CR 10 * November 9, 2020 (daily penalty imposed) * $25 / Daily @ 204 days = $5,100.00 * November 9, 2020 — May 31, 2021 The map Is a user generated static output from an Internet mappng 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 Frit WELD COUNTY ON INr MAPPING Cox -Harper 8,936.9 0 4,468.46 1 L- 8,936.9 Feet WGS_1984_Web_Mercator_Auxiliary_Sphere 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 _,. .. g Legend Parcels Highway Road Road Highway O County Boundary Notes *r, J.-. le".P., „ itriP WELD COUNTY Cox -Harper airs ONLINL MAi'1'INC; Cox -Harper r art afar:; WCR 14 WCR R 12 5. lr^J P 10 1 'r.'R I tl at WCR ti I Ofr r 7 CC U `NCR 1 to/ WCR6 V • • • r • irrie j Hudson !, m IY U WCR-10 N v Ix U WCR 8 WCR 6 WCR 6 1: 53/622 0 8,936.9 WGS_1984 Web_Mercator Awaliary_Sphere C Weld County Colorado 4,468.46 8,936.9 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, current or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION O Legend Parcels Highway Road Road Higher 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 23, 2021 JOEL COX AND LAVONNA HARPER 21038 COUNTY ROAD 10 HUDSON, CO 80642 Dear Mr. Cox and Ms. Harper: 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 November 16, 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 $25.00 per day beginning on November 9, 2020, 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 July 7.2021 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 80632. The hearing will address the penalties for the period from November 9, 2020 through May 31, 2021. This period totals 204 days and amounts to $5,100.00. 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 $5,100.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $5,100.00, 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. Alternative arrangements may be made by contacting Bethany Pascoe at (970) 400-3555. Please feel free to contact me with any questions. Gabt`iel Kalousek Assistant Weld County Attorney Hello