The URL can be used to link to this page

Browse Search

Home My WebLink About20213213.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MAHIC SABAHUDIN AND MELIHA SABANOVIC 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 Mahic Sabahudin and Meliha Sabanovic and, 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, ZCV18-00166, and upon Weld County's motion, the County Court ordered Defendants to pay $25.00 per day that the property remained in violation of the Weld County Code, beginning on August 5, 2019, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: • January 20, 2020: $3,700.00 for the period of August 5, 2019, through December 31, 2019; • November 16, 2020: $6,850.00 for the period of January 1, 2020, through September 30, 2020; • July 7, 2021: $6,075.00 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 $4,175.00 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. 4780418 Pages: 1 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 I �s�IYJ�lL ��I�I�'li ,l «��' R1'� Y I11�I{l�iYti�r uI v I CC : CAO5O, TROIS), PLCTP/WS/B11}44, APPL. 12./140 .1 2021-3213 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MANIC SABAHUDIN AND MELIHA SABANOVIC 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: ditif...)�� Weld County Clerk to the Board BY: APP County rney Date of signature: 111,2312- 4780418 Pages: 2 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 Steve,% oren•, Chair Sco - . es, Pro-Tem Per y L Buck ike Freeman 2021-3213 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. 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. We need to get these to the Treasurer by December 1st 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. a ® ® ® 6 ® ® Roland 8588 Case $25 Violations: animals an Property $25/day daily electrical 21C31829; CR r- 21, on is x and penalties site, still 34 Fort permit and in BCV20®00048/ZCV20-00023 Lupton violation + ordered electrical $25 Castillo initial to 10/12/21 completed too without many 0 ® * c - ® ® Dave 565 Dunmire Case $10 daily Violations: cargo Property $10/day Sanger 21C30145; container is x penalties 187 still Sr. St., noncommercial days in ZCV20-00093 Frederick order violation to building $50 initial begin junkyard, 05/12/21 permit penalty installation $1,920 of noncommercial days Eloisa begin junkyard, work penalty without = = = $875 a Santos and Sonia Simental ® Justin Walden 18526 CR 8, Brighton ® 4730 Kings Canyon Dr., Greeley Case 2004848; ZCV20-00135 • Case 21C31191; ZCV20-00174 L; $30 daily penalties ordered to begin 06/16/21 6 $25 daily penalties ordered to begin 09/29/21 Violations: noncommercial junkyard, too many ® Violations: noncommercial junkyard, derelict vehicle animals on site ® Property still in violation is Property is still in violation ® $25/day x 47 $1,175 = $30/day x 152 days = $4,560 Dena Swingle ® Consuelo Hernandez ® 7435 Harold St., Ft. Lupton ® 3223 CR 19, Ft. Lupton • Case 21C30649; ZCV20-00190 ® Case 21C31839; ZCV20-00215 6 $25 daily penalties ordered to begin 09/07/21 ® S20 daily penalties ordered to begin 07/12/21 = Violations: noncommercial junkyard, installation of Violations: noncommercial junkyard, installation of cargo container without building permit multiple cargo containers without building permits ® Property is now in compliance; court ended daily • Property still in violation is penalties on 10/27/21; NO ACTION NECESSARY • $20/day x 126 days + $25 initial penalty = $2,545 • $25/day x 50 days = $1,250 Page 1of3 gc-1 • • • Jacquelynne 7076 Patrick Case 21O31836; Grabrian St., Ft. ZCV20-00278 Lupton / Justin and Cynthia Sr.: nger ® • • Jesus 15979 Salas Nancy Case 21C33090; and Ave., Ft. Brown Lupton Tiffany ZCV21-00001 z. $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, • 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 Lynne Kelly • 23990 CR 64, Greeley • 3108 O St., Greeley Case 21C32555; BCV20-00017 • Case 21C32551; ZCV20-00124 ii $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 , s Property $10/day is still x 126 in violation days + $25 initial $1,285 commercial vehicles, noncommercial storage business, junkyard, unpermitted derelict commercial vehicles = penalty • Property is still in violation • $10/day x 87 days +$50 initial penalty $920 = Daniela Flores and Paula Grado • Lucina Flores • 9659 CR 44, Milliken • 112 Grace Ave., Milliken ® Case 20C33562; ZCV20-00109 • Case 20C31602: ZCV19-00279 ® $50 daily penalties ordered to begin 07/12/21 • $25 daily penalty ordered to begin 08/04/21 ® Violations: equipment, unpermitted unpermitted cargo commercial vehicles containers, unauthorized and • Violations: coverage too for many animals structures on site, too much lot storage of construction materials • Property is still in violation • Property is still in violation • $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. • Graciela Quinonez and Veronica Gutierrez 1012 E. 16th St., Greeley (2 cases) Case 17C37227; 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 2 of 3 • e • Arturo 35494 Case CR 19C36287; Corral 43, Eaton ZCV19-00111 • • • Jesus Vega 1705 Cedar Case 19C30835; Ave., Greeley ZCV18-00172 • $20 daily penalties ordered to begin 08/10/20 • $50 daily penalties ordered to begin 02/01/21 • Violations: 8+ unpermitted cargo containers, 3+ • Violations: unpermitted commercial trucking and • unpermitted Last certification semi -trailers, for this noncommercial property June junkyard • storage Last certification business, derelict for this vehicles property in June in 0 Property is now in compliance; court ended daily • Property is still in violation • penalties $20/day on 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 • Good Avenue (no address, unbuilt lot), Ft. Lupton • Case 17C36110; 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: unpermitted commercial business (truck • Violations: noncommercial junkyard, persons living in • living parking, Last in certification salvage camper/RV / storage for this yard, property in tire July sales), persons • • Camper/RV Last Property certification is still for this in violation property in July • Property $25/day is still x 167 days in violation $4,175 • $25/day x 167 days $4,175 = = • Aryan Kiani and Matthew Irvin • Bruce Brotemarkle • 331 Dunmire Street, Frederick • 1708 CR 32, Platteville Case 20C30918; ZCV19-00192 • Case 20C32497; ZCV19-00290 • $25 daily penalties ordered to begin 10/22/20 • $50 daily penalties ordered to commence 12/10/20 • Violations: noncommercial junkyard, d 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 $25/day x 167 days $4,175 • $50/day Property is x 167 still days in violation $8,350 = = Page 3 of 3 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 otice of Certification of Lien to Weld County Treasurer FAX: (970) 352-0242 November 4, 2021 Mahic Sabahudin 5000 Butte Street — Lot 215 Boulder, CO 80301 Mr. Sabahudin and Ms. Sabonovic: Melina Sabonovic 11755 Helena Street Commerce City, CO 80022 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 16, 2019, 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 August 5, 2019, 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.nt. 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 $4,175.00. 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 54.175.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $4,175.00, 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, Bob Choate Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Colorado 80632 LATE Phone Number: (970) 475-2400 FILING CASE FILED: August 15, 2019 2:45 PM ID: 799E6BD1AEB59 NUMBER: 2018C37496 ❑ FOR COURT USE ONLY O BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. MELINA AKA MELIHA SABANOVIC and MANIC SABAHUDIN, Defendants. Case Number: 18-C-37496 Division: C Karin McDougal, #48541, Assistant County Attorney 1150 `O' Street, P.O. Box 758, Greeley, CO 80632 Phone (970) 336-7235; Fax (970) 352-0242 Email kmcdougal cr,weldgov.com NOTICE OF IMPOSITION OF DAILY PENALTIES YOU ARE HEREBY NOTIFIED that at a review hearing which was held on Monday, August 5, 2019, it was ordered by Magistrate Randall Lococo that a daily penalty fine of $25.00 per day was imposed. Both Plaintiff and Defendant were present. 1. On January 7, 2019, Defendant Melina aka Meliha Sabanovic entered into a Stipulation to remove or completely screen the Noncommercial Junkyard from all adjacent properties and public rights -of -ways and to discontinue on -site utilization of the camper/trailer, remove items around it and ensure that it is road -worthy and registered at all times on or before March 26, 2019. 2. A review hearing was heard on April 1, 2019 at 10:00 a.m. It was determined that the property was not in compliance and a daily penalty of $25 per day was ordered but stayed until the next review date of June 17, 2019 at 10:00 a.m. 3. The review was heard on June 17, 2019 and it was determined that Defendants were making progress and would be granted additional time to bring the property into compliance. The case was continued to August 5, 2019. 4. At the August 5, 2019 review Defendant Mahic Sabahudin stated that he believed the property was in compliance. 5, The Parties agreed to forgo the previously accrued penalties because progress has continued to be made on the property, and agreed to impose the $25.00 per day penalty beginning on August 5, 2019 with no stay in place and will continue to accrue until the property is in compliance. 6. It is the Plaintiff's best knowledge and belief that such violation still exists as of the date of this notice. DATED this 15ti, day of August, 2019. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO BRUCE T. BARKER WELD COUNTY ATTORNEY K ' 2IN MDOUDAL' #48541 A,sistunt Weld County Attorney CERTIFICATE OF MAILING/DELIVERY I certify that on the 15th day of August, 2019, a true copy of this NOTICE OF DAILY PENALTIES was mailed to: Mahic Sabahudin 5000 Butte Street — Lot 215 Boulder Co 80301 Melina Sabonovic 11755 Helena Street Commerce City, CO 80022 DATED this 16th day of August, 2019. Hello