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Home My WebLink About20213208.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING AND ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - GRACIELA QUINONEZ AND VERONICA GUTIERREZ 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 Graciela Quinonez and Veronica Gutierrez, 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 Building Permit Violation, BCV16-00012, and upon Weld County's motion, the County Court ordered Defendants to pay $10.00 per day that the property remained in violation of the Weld County Code, beginning on April 9, 2018, and WHEREAS, the Defendants failed to bring the property into compliance with the Weld County Code in relation to Zoning Compliance Violation, ZCV18-00258, and upon Weld County's motion, the County Court ordered Defendants to pay $10.00 per day that the property remained in violation of the Weld County Code, beginning on September 16, 2019, and WHEREAS, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: • June 19, 2019: $3,340.00 for the period of July 2, 2018, through May 31, 2019; • January 20, 2020: $3,200.00 for the period of June 1, 2019, through December 31, 2019, for BCV16-00012, and for the period of September 16, 2019, through December 31, 2019, for ZCV18-00258; • 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. 4780415 Pages: 1 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO 11111 C c'. PL(-ty/wi /6P/Ho), cA(Bc), TR(RF), f3ZCRR), IPPL . ail 0/,2_1 2021-3208 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING AND ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - GRACIELA QUINONEZ AND VERONICA GUITIERREZ PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $3,340.00 total for BCV16-00012 and ZCV18-00258 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. 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: ddrAtA); Weld County Clerk to the Board County Att•'ney Date of signature: t l /23 4Z 4780413 Pages: 2 of 2 11/30/2021 10:31 AM R F11�ee::$$0.0�Y0 iLCO �11u Carly ' ft�r.11ll�'`�Ic■ ��■Ta1�7�l�l�nl�l� IT�I�I,,,l III Steve •reno, Chair 2021-3208 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. • • ® • • • • Rolando 8588 Case $25 Violations: animals an electrical Property $25/day daily CR 21C31829; and 21, penalties on is x 34 site, still permit Eloisa and Lupton BCV20-00048/ZCV20-00023 violation + ordered electrical $25 Castillo initial to begin junkyard, work penalty 10/12/21 completed $875 too without many • • • ® • • • Dave 565 Case $10 Violations: cargo Property $10/day daily Sanger Dunmire 21C30145; container penalties is still x 187 noncommercial St., Sr. days ZCV20-00093 without in Frederick violation order $50 to building initial begin junkyard, 05/12/21 permit penalty installation $1,920 of Fort noncommercial days in = = = ® Santos and Sonia Simental • Justin Walden • 18526 CR 8, Brighton • 4730 Kings Canyon Dr., Greeley • Case 20C34848; ZCV20-00135 • Case 21C31191; ZCV20-00174 • $30 daily penalties ordered to begin 06/16/21 • $25 daily penalties ordered to begin 09/29/21 • Violations: animals on site noncommercial junkyard, too many ! • Violations: Property noncommercial is still in violation junkyard, derelict vehicle • Property is still in violation • $25/day x 47 $1,175 = • $30/day x 152 days $4,560 = • Dena Swingle • Consuelo Hernandez a 7435 Harold St., Ft. Lupton • 3223 CR 19, Ft. Lupton • Case 21C30649; ZCV20-00190 • Case 21C31839; ZCV20-00215 • $25 daily penalties ordered to begin 09/07/21 • $20 daily penalties ordered to begin 07/12/21 • Violations: noncommercial junkyard, installation of • Violations: noncommercial junkyard, installation of 0 cargo container Property is now without in compliance; building permit court ended daily • multiple Property cargo is still containers in violation without building permits • penalties on 10/27/21; $25/day x 50 days NO ACTION $1,250 NECESSARY • $20/day x 126 days + $25 initial penalty = $2,545 = Page 1of3 (3LQ8 • • • Jacquelynne 7076 Case Patrick 21C31836; St, Grabrian Ft. ZCV20-00278 Lupton / Justin and Cynthia Sanger • • • Jesus Salas 15979 Case 21C33090; Nancy and Ave., Tiffany Ft. ZCV21-00001 Brown Lupton • $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, a 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 • $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 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 containers, vehicles unauthorized and • Violations: coverage too for structures many animals on site, too much lot storage of construction materials • Property is still in violation ® Property still in violation • $25/day x 103 days $2,575 is = • $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 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 Ham 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 ® ® s. Arturo 35494 Case Corral CR 19C36287; 43, ZCV19-00111 0 ® Jesus Vega 1705 Cedar Case 19C30835; Ave., Greeley ZCV18-00172 Katon ® $20 daily penalties ordered to begin 08/10/20 0 $50 daily penalties ordered to begin 02/01/21 ® Violations: 8+ unpermitted cargo containers, 3+ ® Violations: unpermitted commercial trucking and unpermitted semi -trailers, noncommercial junkyard storage business, derelict vehicles ® Last certification for this property in June Last certification for this property in June 0 Property is now in coy ipliance; court ended daily �=i Property is still in violation penalties on 10/21/21. NO ACTION NECESSARY ® $50/day x 167 days $8,350 = 0 $20/day x 142 days $2,840 = • Charles Bennett and Manuel Gallegos ® Mahic Sabahudin and Melina Sabonovic e 1100 Fern Ave., Greeley 0 Good Avenue (no address, unbuilt lot), Ft. Lupton ® Case 17C36110; /CV17-00017 17-00017 0 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 parking, salvage / storage yard, tire sales), persons Camper/RV living in camper/RV a Last certification for this property in July ® Last certification for this property in July 0 Property is still in violation ® Property is still in violation 0 $25/day x 167 days $4,175 = ® $25/day x 167 days $4,175 = =- Aryan Kiani and Matthew Irvin ® •:'truce Brotemarkle e 331 Dunmire Street, Frecerick ® 1708 CR 32, Platteville ® Case 20C30918; ZCV19-00192 ® Case 20C32497; ZCV19-00290 ® $25 daily penalties ordered to begin 10/22/20 0 $50 daily penalties ordered to commence 12/10/20 0 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 0 Last certification for this property in July ® $25/day x 167 days $4,175 0 Property is still in violation = $50/day x 167 days $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 Graciela Quinonez Veronica Gutierrez 1012 E. 16th Street Greeley, CO 80631 Ms. Quinonez and Ms. Gutierrez: 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 May 7, 2018, the Court granted the County's Order Imposing Daily Penalties, finding that your property was still in violation of the Weld County Code, and ordered you to pay a daily penalty of $10.00 per day beginning on May 7, 2018 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.n1. 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 80631. The hearing will address the penalties for the period from July 24, 2021 through November 15, 2021. This period totals 167 days and amounts to $1,670.00. 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 51.670.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $1,670.00, 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 Tonya Johnson at (970) 400-3529. Please feel free to contact me with any questions. Respectfully, TeiS C-6,„0-tAL Bob Choate Assistant Weld County Attorney Enclosure CASE NO. 17C -037227 DATE: 05/07/18 RDOS C JO: MARK GONZALES CLERK: BOARD OF WELD COUNTY COMMISS ( ) ( ) ATTY : 1p ACA: Karin McDougal 1�� WELD COUNTY COURT MINUTE ORDER COUNTY CODE / ZONING VIOLATION ( ) QUINONEZ, GRACIELA ( ) GUTIERREZ, VERONICA () ( ) ATTY : 0 DEF Counsel: FIRST OR CONTINUED SUMMONS RETURN ❑ Zoning Violation §30-28-124.5 & 210 C.R.S.; Cty Code § & narrative based on complaint O O O O ❑ Defendant Appears ❑ Motion, Stipulation & Order O Stip adopted. Review: ❑ Agreed Penalty: $ (paid to county per stipulation; send downstairs) ❑ Continue per parties. Next RDOS: (notice given in court) ❑ Denial/Answer. PTCF set for: (Order PTCF issued in court) ❑ Defendant FTA ❑ Plaintiff request default O Default entered O Initial Penalty Ordered: $ O 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 O lnit pen already imposed? $ ❑ Witnesses for County: ❑ Witnesses for Defendant: Magistrate Mark Gonzalesy , .' Date: Revised: 5/4/2018 Hello