HomeMy WebLinkAbout20213209.tiffRESOLUTION
RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CHRISTINA ELAM AND
DONALD HARRIS
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 Christina Elam and Donald Harris,
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, 2021,
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, 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 of $3,340.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from June 1, 2021, through
November 15, 2021 (a period of 167 days), be, and hereby is, approved.
4780416 Pages: 1 of 2
11/30/2021 10:31 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
III
C.c. CA(8C), Tg(RF),
PL%/ws/SP/ HD),
A PK-.
l2/IN/2.1
2021-3209
PL0824
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT - CHRISTINA ELAM AND DONALD HARRIS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of November, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ,iletdidio uel#o•Ok.
Weld County Clerk to the Board
County Attorney
Date of signature: 11/A3 /21
4780415 Pages: 2 of 2
11/30/2021 10:31 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County CO
VIII I���I�i'iM l �l�h� I� LY'i�1Y 11�I��MW�h 11111
Steve M'/ -no, Chair
2021-3209
PL0824
TO: Board of County Commissioners
FROM: Bob Choate, Assistant County Attorney
DATE: November 15, 2021
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. Haven 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. We need to get these to the Treasurer by December Pt in order to have
these special assessments placed on the tax roll next year. The first twelve on the list are new cases for which you have
never certified daily penalties as special assessments.
®
®
®
®
®
®
Rolando
8588
Case
$25
Violations:
animals
an electrical
Property
$25/day
daily
21C31829;
CR
on
and
21,
penalties
34
site,
still
permit
Fort
noncommercial
days
Eloisa
BCV20-00048/ZCV20-00023
and
in
Lupton
violation
+
ordered
electrical
$25
Castillo
initial
to
begin
junkyard,
work
penalty
10/12/21
completed
too
many
without
®
®
®
®
0
e
®
565
cargo
$10/day
Dave
Case
$10
Violations:
Property
daily
Sanger
Dunmire
21C30145;
container
is
x
penalties
187
still
St.,
noncommercial
Sr.
days
Frederick
ZCV20-00093
order
violation
$50
to
building
initial
begin
junkyard,
penalty
05/12/21
permit
installation
$1,920
of
without
in
is
x
=
=
= $875
®
®
®
e
®
®
0
animals
Santos
18526
Case
$30
Violations:
Property
$30/day
daily
20C34848;
and
CR
penalties
on
is
x
8,
152
site
still
Sonia
Brighton
noncommercial
days
ZCV20-0013
in
violation
Simental
ordered
$4,560
to
5
begin
junkyard,
06/16/21
too
many
®
®
®
8
0
Justin
4730
$25
$25/day
Case
Violations:
Property
daily
Kings
21O31191;
Walden
penalties
is
x 47
noncommercial
still
Canyon
ZCV20-00174
ordered
violation
Dr.,
Greeley
to
junkyard,
begin
09/29/21
derelict
vehicle
in
$1,175
=
=
{iss
,.
0
7435
$25
cargo
penalties
$25/day
Dena
Case
Violations:
Properly
daily
Swingle
Harold
21C30649;
container
x
penalties
is
on
50
St.,
noncommercial
now
10/27/21;
days
without
Ft.
ZCV20-00190
Lupton
ordered
in
compliance;
NO
building
ACTION
to begin 09/07/21
junkyard, installation
permit
court ended
NECESSARY
of
daily
:: Consuelo
- 3223
® Case
® $20
Ri Violations:
multiple
® Property
$20/day
daily
CR
21C31839;
19,
penalties
cargo
is
x 126
Hernandez
still
Ft.
noncommercial
containers
days
Lupton
ZCV20-00215
ordered
in violation
+ $25
initial
to
without
junkyard,
begin
07/12/21
building
penalty
installation
= $2,545
permits
of
= $1,250
Page 1of3
f
n
®
•
®
Jacquelynne
7076
Case
Patrick
21C31836;
Grabrian
St., Ft.
ZCV20-00278
Lupton
/ Justin
and Cynthia
Sanger
a
0
Q
Jesus
15979
Salas
Case 21O3090;
Nancy
and
Ave.,
Ft.
Lupton
Brown
Tiffany
ZCV21-00001
$50 daily
penalties
ordered
to
begin 06/14/21
®
$25 daily
penalties
ordered
to
begin 09/03/21
®
Violations:
animals
on site,
noncommercial
derelict
vehicles
junkyard,
too many
®
Violations:
unpermitted
noncommercial
semi -trailers
junkyard,
derelict
vehicles,
s
Property is now in compliance; court ended daily
®
Property
is still
in violation
penalties on 11/02/21. NO ACTION NECESSARY
®
$25/day
x 73 days
+ $50 initial
penalty
$1,875
=
®
$50/day
x 141
days
+ $25 initial
penalty
=
$7,075
®
David
Schoepf
®
Jerry
Dill
and
Lyn.
e
Kelly
•
23990 CR 64,
Greeley
®
3108
O St,
Greeley
a
Case 21C32555; BCV20-00017
®
Case 21C32551; ZCV20-00124
®
$10
daily
penalties
ordered
to begin 07/12/21
®
$10
daily
penalties
ordered
to
begin 08/20/21
®
Violations:
unfinished
building permit
*
Violations: unpermitted
mobile
home, unpermitted
®
Property is still in violation
commercial storage
business, unpermitted
commercial
®
$10/day
x 126 days
+
$25 initial
penalty
$1,285
vehicles,
noncommercial junkyard,
derelict
vehicles
=
®
Property
is still
in violation
®
$10/day
x 87 days
+$50
initial
penalty
$920
=
®
Daniela
and
Paula
Grado
®
Lucina
Flores
Flores
•
9659 CR 44,
Milliken
®
112 Grace Ave.,
Milliken
6
Case 20C33562;
ZCV20-00109
®
Case 20O316029
ZCV19-00279
®
$50 daily
penalties
ordered
to
begin 07/12/21
0
$25
daily
penalty
ordered
to begin 08/04/21
®
Violations:
equipment,
unpermitted
unpermitted
commercial
cargo
vehicles and
unauthorized
®
Violations:
coverage
too
for
structures
many animals
on site,
too
much lot
containers,
storage
of construction
materials
0
Property is still
in violation
6
Property is still
in violation
0
$25/day
x 103 days
$2,575
=
$50/day
x 126
days
$6,300
=
The next eight 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.
,aa
Graciela Quinonez and Veronica Gutierrez
1012 E. 16th St., Greeley (2 cases)
Case 17C372279 BCV16-00012; $10 daily penalty
began 05/07/17; 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) in July
Property is still in violation (both cases)
$20/day x 167 days = $3,340
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 in July
Property is still in violation
® $20/day x 167 days = $3,340
Page 2of3
®
®
®
Arturo
35494
Case
Corral
CR 43,
19C36287;
Eaton
ZCV19-00111
®
0
Jesus
1705
Case
Vega
Cedar Ave., Greeley
19C30835; ZCV18-00172
®
$20 daily
penalties
ordered
to begin 08/10/20
®
$50 daily
penalties
ordered
to begin 02/01/21
®
Violations:
unpermitted
8+ unpermitted
semi -trailers,
noncommercial
cargo containers,
junkyard
3+
®
Violations:
storage
unpermitted commercial
business, derelict vehicles
trucking
and
®
Last
certification
for
this property
in June
®
Last
certification
for
this property
in June
0
Property is now in compliance; court ended daily
,
Property
is still
in violation
®
penalties on
$20/day x 142
10/21/21.
days
NO
$2,840
ACTION NECESSARY
..
$50/day x 167
days
$8,350
=
=
•
Charles
Bennett
and
Manuel Gallegos
*
Mahic Sabahudin
and
Melina
Sabonovic
•
1100
Fern Ave., Greeley
ea
Good
Avenue (no address, unbuilt
lot),
Ft. Lupton
®
Case
17O3 6110;
ZCV17-00017
-
Case
18C37496;
ZCV18-00166
$25 daily
penalties
ordered to
begin 07/09/19
®
$25 daily
penalties
ordered
to begin 08/05/19
®
Violations:
parking,
salvage
unpermitted
/ storage
commercial
yard,
tire
business (truck
sales), persons
®
Violations:
Camper/RV
noncommercial
junkyard, persons living
in
2
living
Last
in camper/RV
certification
for
this
property
in July
®
Last
Property
certification
for this
is still in violation
property
in
July
®
Property
is still
in violation
®
$25/day
x 167 days
$4,175
=
®
$25/day x 167 days
$4,175
=
•
Aryan
Kiani
and Matthew
Irvin
®
Bruce Broter arkle
0
331 Dunmire
Street,
Frederick
a
1708 CR 32,
Platteville
®
Case 20C30918;
ZCV19-00192
0
Case 20C32497;
ZCV19-00290
®
$25 daily
penalties
ordered
to
begin 10/22/20
a
$50 daily
penalties
ordered
to commence 12/10/20
®
Violations:
noncommercial junkyard, derelict
vehicles
®
Violations:
noncommercial junkyard,
persons living in
®
Last certification
for this property
in June
Camper/RV
®
Property
is still
in violation
®
Last
certification
for
this property
in July
0
$25/day
x 167
days
$4,175
i
Property
is still
in
violation
=
$50/day x 167 days
$8,350
=
Page 3of3
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
November 4, 2021
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 November 15.2021 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 "0" Street, Greeley, CO 80631. The hearing will address the penalties for the
period from June 1, 2021 through November 15, 2021. This period totals 167 days and amounts to
$3,340.00. 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 $3.340.00. Such lien will have priority over all other security
interests, except for taxes. In addition to the $3,340.00, the Weld County Treasurer's fee may increase
the lien as permitted by law.
You may avoid this hearing and the Treasurer's fee by paying the full amount to Weld County prior to
the hearing. Alternative arrangements may be made by contacting Bethany Pascoe at (970) 400-3555.
Please feel free to contact me with any questions.
Respectfully,
T-915 C7e-A-Pac--
Bob Choate
Assistant Weld County Attorney
Enclosure
CASE NO. 17C -03.0784
DATE: 08/07/17 HEAR C
JO: MARK GONZALES
CLERK:
WELD COUNTY COURT
MINUTE ORDER
COUNTY CODE / ZONING VIOLATION
DATE FILED: August 7, 2017
) BOARD OF WELD COUNTY COMMISS ( ) ELAM, CHRISTI$'6E NUMBER: 2017C30784
()
( )
•(
( ) H, KMAfugal
( ) 0 Deft Counsel:
�T OR CONTINUED SUMMONS RETURN( ) Ate"
❑ Zoning Violation §30-28-124.5 & 210 C.R.S.; Cty Code § & narrative based on complaint
❑ Defendant Appears
O 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)
O Defendant FTA
❑ 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
❑ Init pen already imposed? $
❑ Witnesses for County:
❑ Witnesses for Defendant:
fe- bin in/ex/4,s, ,:( I- *g . yip -1h c It r -
4d -a
&
Houstan Aragon
From:
Sent
To
Cc.
Subject
Hi Houston,
Caitlin Perry
Friday, June 3, 2022 10 27 AM
Houstan Aragon
CTB, Karin McDougal
RE Zoning Violation Certification Resolutions
I apologize, my prior email was trying to convey that we do not need to correct the resolutions with the typo because
the error was unrelated to the actual dates and amounts we were certifying in those particular resolutions and the
timeframe was previously recorded correctly years prior
Thanks,
Caitlin Perry
Assistant County Attorney
Weld County Attorney's Office
1150 "O" Street
P O Box 758
Greeley, CO 80631
970-400-4394
STATEMENT OF CONFIDENTIALITY & DISCLAIMER The information contained in this email message is attorney privileged
and confidential, intended only for the use of the individual or entity named above If the reader of this message is not
the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly
prohibited If you have received this email in error, please notify us immediately by replying and delete the message
Thank you
From. Houstan Aragon <haragon@weldgov com>
Sent. Friday, June 3, 2022 10 18 AM
To: Caitlin Perry <ceperry@weldgov com>
Cc. CTB <CTB@co weld co us>, Karin McDougal <kmcdougal@weldgov com>
Subject: RE Zoning Violation Certification Resolutions
Good morning,
Thank you for double checking, You are correct with the 2020-0256 and 2020-3381 Reso's not being
affected, I had tired eyes I suppose To clarify, I have made the correction on the Reso that I have
outline for June 22, 2022, so moving forward that is no longer an issue Also, for consistency
purposes, I was using 2021-3209 as a sample to outline this upcoming certification, but that is good
information to know for future reference We would like to know what steps do we take to correct
those prior recorded Resolutions'? Do we fix the typo with a corrected/ amended Reso and send out
1
for signing and then re- record, or do we pull the original signed Reso's, fix the typo and re-record'?
Please advise on how to best go about this, thanks)
Houstan Aragon
Deputy Clerk to the Board
Clerk to the Board's Office
Weld County
1150 O Street
Greeley, CO 80631
Tel (970) 400-4224
Email haragon(cr�weldgov com
Confidentiality Notice This electronic transmission and any attached documents or other writings are intended
only for the, person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited
From: Caitlin Perry <ceperry@weldgov corn>
Sent: Friday, June 3, 2022 8 59 AM
To. Houstan,Aragon <haragon@weldgov corn>
Cc: CTB <CTB@co weld co us>, Karin McDougal <kmcdougal@weldgov corn>
Subject: RE Zoning Violation Certification Resolutions
Hi Houston,
I don't see that issue in 2020-0256 and 2020-3381 Is there a different issue with those ones'?
It looks like 20213209 is incorrect as well but it looks like the dollar amounts are all correct and the
typographical error is only related to the date of a prior certification that had a correct resolution
previously; recorded Is that right'? If the error was with the new dates and timeframes we were
certifying in the resolution then I would be more concerned and we would need to rectify that That
doesn't appear to be the case here Does that make sense'?
We absolutely want to make sure its correct going forward but as long as the error is not with the new
timeframe we are certifying in a particular resolution and we previously recorded an accurate
certification for the timeframe in question then we can just correct it in the future However, we don't
have to list out every single time we have certified penalties for a property in the next resolution we
can just say the last time we certified penalties Look to the 2019 and 2020 resolutions on this case
and you will see what I mean
Please let me know if you have questions or want to discuss further
Caitlin Perry
Assistant County Attorney
Weld County Attorney's Office
2
1150 "O" Street
P O Box 758
Greeley, CO 80631
970-400-4394
STATEMENT OF CONFIDENTIALITY & DISCLAIMER The information contained in this email message is attorney privileged
and confidential, intended only for the use of the individual or entity named above If the reader of this message is not
the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly
prohibited If you have received this email in error, please notify us immediately by replying and delete the message
Thank you
From. Houstan Aragon <haragon@weldgov com>
Sent• Thursday, June 2, 2022 5 07 PM
To Caitlin Perry <ceperry@weldgov corn>, Karin McDougal <kmcdougal@weldgov corn>
Cc. CTB <CTB@co weld co us>
Subject: Zoning Violation Certification Resolutions
Hey gals,
I was getting the reso's outlined with the list of cases that will be presented here in a few weeks and I came
across four different resolutions that have been recorded that have an incorrect date on them and need
guidance as to what we need to do to correct them'?
The Correct Reso is in Tyler as 2019-2329 for Donald Harris and Christina Elam with the date ranges to be
certified of July 2 , 2018 through May 31, 2019
All the Incorrect Reso's are in Tyler as 2020-0256, 2020-3381, 2021-1664, and 2021-1766 (These say July 2,
2021)
What are the implications these resolutions have as far as the Courts and Treasure's Office are concerned'?
Can we address this in the New Resolution to be presented, since this one will supersede these older ones'?
Do we need to Correct them and re-record them'?
Thanks for all your guidance concerning this matter,
Houstan Aragon
Deputy Clerk to the Board
Clerk to the Board's Office
Weld County
1150 O Street
Greeley, CO 80631
Tel (970) 400-4224
Email haragon(a�weldgov com
3
Hello