HomeMy WebLinkAbout20211664.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING 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, 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.
WHEREAS, a hearing before the Board was held on the 23rd day of June, 2021, to
consider Certifying $4,860.00 to the Weld County Treasurer to be collected as a special
assessment for the daily violation penalties from October 1, 2020, through May 31, 2021 (a period
of 243 days), at which time the Board deemed it advisable to continue said matter to July 7, 2021,
at 9:00 a.m., to allow staff adequate time to provide notice of said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the hearing to consider Certification of $4,860.00 to the Weld County
Treasurer to be collected as a special assessment for the daily violation penalties from October 1,
2020, through May 31, 2021 (a period of 243 days), be, and hereby is, continued to July 7, 2021,
at 9:00 a.m.
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07/x7 /21
2021-1664
PL0824
CONTINUE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - CHRISTINE 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 23rd day of June, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTESTditit �►• • ,
Weld County Clerk /to the Board
BY.
Deputy Clerk to the Board
APP' • D A
ounty torney Date of signature:4laD)ZI
Steve Morino, Chair
Scot
Lori
2021-1664
PL0824
Houstan Aragon
From.
Sent.
To
Cc*
Subject:
Hi Houston,
Caitlin Perry
Friday, June 3, 2022 10 27 AM
Houstan Aragon
CTB, Kann 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(a�weldgov corn
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 corn>
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 corn
3
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