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HomeMy WebLinkAbout20211767.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MELIHA SABANOVIC AND MAHIC SABAHUDIN 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 Meliha Sabanovic and Mahic Sabahudin, 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, 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 $6,075.00 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. 4738524 Pages: 1 of 2 07/23/2021 10:49 AM R F..:$0.00 Carly Koppa., Clerk and Recorder, Weld County , CO sill cc: Pi-(w=/8P/HD), GA(GK), TR(RF) O7/241/Z 2021-1767 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - MELIHA SABANOVIC AND MANIC SABAHUDIN 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: '/%an,.J •X hen: Weld County Clerk to the Board eputy Clerk to the Board APP OVED Coun Attorney Date of signature: O7/IL ��- 4738524 Pages: 2 of 2 07/23/2021 10:49 AM R Fee:$0.00 Carly Koppea, Clerk and Reoorder, Weld County , CO III II Steve oreno, Chair Scames, Pro -T erry L. B ;/ k 2021-1767 PL0824 ZCV18-00166 Meliha Sabanovic & Mahic Sabahudin @ 0 Good Ave — Case History 01/22/2013 - ZCV13-00009 initiated due to the presence of a visible Noncommercial Junkyard 10/08/2013 — Case forwarded to the County Attorney's Office 04/07/2014 — Motion Stipulation and Order approved by Magistrate (14-C-31482) 07/30/2014 — Property brought into compliance 07/25/2018 - ZCV18-00166 initiated due to the presence of a visible Noncommercial Junkyard 10/11/2018 — Case forwarded to the County Attorney's Office 01/07/2019 — Motion Stipulation and Order approved by Magistrate (18-C-37496) 08/05/2019 - $25 daily penalty assessment imposed 01/20/2020 — Certification to WC Treasurer as Special Assessment ($3700) 11/16/2020 - Certification to WC Treasurer as Special Assessment ($6850) 12/01/2020 — Daily Penalty Reminder sent ($1550) 01/01/2021— Daily Penalty Reminder sent ($2325) 02/01/2021— Daily Penalty Reminder sent ($3100) 03/01/2021— Daily Penalty Reminder sent ($3800) 04/01/2021— Daily Penalty Reminder sent ($4575) 05/01/2021— Daily Penalty Reminder sent ($5325) 06/01/2021— Daily Penalty Reminder sent ($6100) 07/01/2021— Daily Penalty Reminder sent ($6850) 2021-1767 ZCV18-00166 Meliha Sabanovic & Mahic Sabahudin 0 Good Ave * November 6, 2020 (daily penalty imposed) * $25 / Daily @ 243 days = $6,075.00 * October 1, 2020 — May 31, 2021 WELD COUNTY ZCV18-00166 Sabanovic - Site ONLINE MAr PL*C6 WGS_1984 Web_Mercator Au iliarv_Sphere Weld County Colorado 16065 ^'•3.1. 3 ..:er ge"e'3:Gv .:a:; v..: . tr?:`- r !-;ter-.Z: ^ ip:. ^:y -fir reference r^ry 33ta a) e': that appear On this snap may or may not oe 3ceur3te Current or Ot',en& :e reSi301e THIS MAP IS NOT TO BE USED FOR NAVIGATION 9 6 Feet Legend I U Parcels Floodplain - Floodplain - Floodplain - Floodplain - Floodplain - Floodplain - Highway County Boundary 500 Year 100 Year Zone A 100 Year Floodwa 100 Year Zone AE 100 Year Zone AI - 100 Year Zone AC Notes _ WELD COUNTY ZCV18-00166 Sabanovic - Vicinity Map ONLINE MAPPING VYLN ' G C C 4 A I. r 1 • ' a 4 p f , rt L.ilp4otl Nfi.1:1I t� M r NANCY AVE CAROLINE AVE 1;Ivna1;i.S #;vC t:A.SI irP. / rE. 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".., .'•s • .j4a1 It-i_. thisses ONLINE MAPPING: PM! t WELD COUNTY ZCV18-00166 Sabanovic - Vicinity Map t'GS_1984_web Mercator Auxiliary_Sphere Weld County Colorado m3D 3 :.:K generated static output fror-n an Inter - set ^n3c: 42 ire 31C _ fOr reference onry Data layers tn3t appear on this map may r may not be accurate current or ot•nern _e reliable 11-115 MAP IS NOT TO BE USED FOR NAVIGATION c 1234.2? 4468.5 Feet U Legend Parcels Floodplain - Floodplain - Floodplain - Floodplain - Floodplain - Floodplain - Highway Road Road Highway 500 Year 100 Year Zone A 100 Year Floodwa 100 Year Zone AF 100 Year Zone AE - 100 Year Zone Ac: City Limits - Extended Aut Seihoud Err ton Dacono Eaton Ere Evans F restone ran Lupien Freoerck Garden City G4crest Greeley Grover Notes 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 June 23, 2021 MELIHA SABANOVIC 11755 HELENA STREET COMMERCE CITY, CO 80022 MANIC SABAHUDIN 5000 BUTTE STREET, LOT 215 BOULDER, CO 80301 Ms. Sabanovic and Mr. Sabahudin: 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 5, 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, and continuing until the zoning violation is removed from the property. (Court Order attached). Upon information and belief, the zoning violation stil exists on your property. On January 20, 2020, the Weld County Board of County Commissioners certified penalties in the amount of $3,700.00 for the period of August 5, 2019 through December 31, 2019. On November 16, 2020, the Weld County Board of County Commissioners certified penalties in the amount of $6,850.00 for the period of January 1, 2020 through September 30, 2020. 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 "O" Street, Greeley, CO 80632. The hearing will address the penalties for the period from October 1, 2020 through May 31, 2021. This period totals 243 days and amounts to $6,075.00. 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 Mil be $6,075.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $6,075.00, the Weld County Treasurer's fee may increase the lien as permitted by law. You may avoid this hearing and theTreasurer'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, Gabriisl Kalousek Assistant Weld County Attorney Hello