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Home My WebLink About20211766.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, 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, at a hearing before the Board 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), 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, at said hearing held on July 7, 2021, that the 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, approved. 4738523 Pages: 1 of 2 07/23/2021 10:49 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO in Il��.�IhY I' I�h'4�fiC11r�� J 1�1+d'LYylrr�+4Q k'rh� 11111 C c : PL(w=/r P/HD), GA(GK), TR(R F) O7/29/21 2021-1766 PL0824 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 7th day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dittA) .: :o Weld County Clerk to the Board County Attorney Date of signature: 0-7/1`-k/2, 4738523 Pages: 2 of 2 07/23/2021 10:49 AM R Fee:$0.00 2021-1766 PL0824 ZCV16-00129 Christina Elam & Donald Harris @ 20453 CR 54 — Case History 11/21/2016 — Initial Compliant received. NCJY & Camper/trailer occupancy 08/07/2017 — Daily Penalty commenced at $20 a day. 08/08/2018 — Certification to WC Treasurer as Special Assessment ($3620) 06/19/2019 — Certification to WC Treasurer as Special Assessment ($6680) 01/20/2020 — Certification to WC Treasurer as Special Assessment ($4280) 11/01/2020 — Daily Penalty Reminder sent ($6100). 11/16/2020 — Certification to WC Treasurer as Special Assessment ($5480) 12/01/2020 — Daily Penalty Reminder sent ($1240) 01/01/2021— Daily Penalty Reminder sent ($1860) 02/01/2021— Daily Penalty Reminder sent ($2480) 03/01/2021— Daily Penalty Reminder sent ($3040) 04/01/2021— Daily Penalty Reminder sent ($3660) 05/01/2021— Daily Penalty Reminder sent ($4260) 06/01/2021— Daily Penalty Reminder sent ($4880) 06/23/2021— Certification to WC Treasure as Special Assessment 07/01/2021— Daily Penalty Reminder sent ($5480) 2021-1766 ZCV16-00129 Christina Elam (aka Bernardt) and Donald Harris 20453 CR 54 * August 7, 2017 (daily penalty imposed) * $20 / Daily @ 243 days = $4,860.00 * October 1, 2020 — May 31, 2021 PrP, WELD COUNTY Elam/Harris ZCV16-30129 Flood •• ONLINE MAPPING 1 tf.t. tifrit .• , a «_ y •I, ' :111a •11 •• J ifulililiirtecI-r Ye_ u; : ?P•tra ' O • .•I,&„ r..O. OM -..«Ia—. .., y.k_ �, ¶i• i• and ;i '...,k • • I • ::S V—'., !' ;U� • .r =.. •- - A is,; _�.).• . .: . • -a • rs tat atii.' _▪ til3p: r. ••( '.fvt0r11111$lK''•it a'.,:'rLc) v.I IGHWA►Y • WGS_1984_Web_Mercator Auxiliary_Sphere Q 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 4.468 5 0 2,234.23 4,468.5 Feet • • _le''1 , e• Legend Parcels Floodplain Roodplain Roodplain Floodplain Floodplain Floodplain Highway Road Road - 500 Year - 100 Year Zone A - 100 Yea Floodwa - 100 Year Zone AE - 100 Year Zone AI- - 100 Year Zone AC • ^ghway City Limits - Extended a • oft • Ault Berthoud Brighton Dacono Eaton Erie Evans Firestone Fort Lupton Frederick Garden City Gilcrest Greeley Graver Notes This map rs a use 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 This 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 WELD COUNTY ATTORNEY'S OFFICE 1150 0 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 23, 2021 CHRISTINA ELAM DONALD HARRIS 20453 WCR 54 GREELEY CO 80631 Ms. Elam and Mr. Harris: This letter is to provide you with entice 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 to Impose Daily penalties on your property located at 20453 Weld Country Road 54, Greeley, Colorado. The Court found that your property was in violation of the Weld County Code and ordered you to pay daily penalties in the amount of $20.00 per day, continuing until the zoning violations are removed. (Court Order attached). Upon information and belief, the zoning violations still exists on this property. On August 8, 2018, the Weld County Board of County Commissioners certified daily penalties in the amount of $3,620.00. On June 19, 2019, the Weld County Board of County Commissioners certified daily penalties in the amount of $6,680.00. On January 20, 2020, the Weld County Board of County Commissioners certified daily penalties in the amount of $4,280.00. On November 16, 2020, the Weld County Board of County Commissioners certified daily penalties in the amount of $5,480.00. 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 "0" Street, Greeley, CO 80632. The hearing will address the penalties for the period between October 1, 2020 and May 31, 2021. This period totals 243 days and amounts to $4,860.00. 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 $4,860.00. This lien together with liens from prior years, will have priority over all other security interests, except for taxes. In addition to the $4,880.00, 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, Gabriel Kause Assistant Weld County Attorney 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 ,'++✓fit' IMO t.1 v'v 'Y tt Ja,r I 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. Friday, June 3, 2022 10 18 AM To: Caitlin Perry <ceperry@weldgov corn> Cc. CTB <CTB@co weld co us>, Karin McDougal <kmcdougal@weldgov corn> 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 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 <ceperryPweldgov 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 Hello