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HomeMy WebLinkAbout20211768.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - BRUCE BROTEMARKLE 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 Defendant Bruce Brotemarkle, claiming that the Defendant's property is in violation of the Weld County Code, and WHEREAS, the County Court found the Defendant's property to be in violation of the Weld County Code, and WHEREAS, the Defendant failed to bring the property into compliance with the Weld County Code, in relation to Zoning Compliance Violation, ZCV19-00290, and upon Weld County's motion, the County Court ordered Defendant to pay $50.00 per day that the property remained in violation of the Weld County Code, beginning on December 10, 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 $6,650.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from December 10, 2020, through May 31, 2021 (a period of 173 days), be, and hereby is, approved. 4738525 Pages: 1 of 2 07/23/2021 10:49 AM R Fee:$0.00 Carly Koppel, Clerk and Raoorder, Weld County , CO VIII NU�111G �r� �I�a�I� Mehl' i���Xl+�ll �l�M+! MI �1114u�� 11111 cc; I?L(w=/aP/HD), C[a(GK). TR(Rc) °7/2.°10..1 2021-1768 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - BRUCE BROTEMARKLE 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: ditAtisj ..k!itp:,t k, Weld County Clerk to the Board BY: APP eputy Clerk to ounty A torney Date of signature: O7/It-U-1 4738525 Pages: 2 of 2 07/23/2021 10:49 AM R F..:$0.00 Carly Koppss, Clsrk and Raoordsr, Wild County , CO X111 I���1�' fiCri �IQkiiiia rAi N � viu ii�M Wyk 11111 Steve M- reno, Chair Lori 2021-1768 PL0824 ZCV19-00290 Bruce Brotemarkle @ 17080 CR 32 — Case History 03/25/2016 - ZCV16-00030 issued due to a visible Noncommercial Junkyard, multiple occupied camper/trailer-RV's & Commercial Vehicles 09/22/2016 - ZCV16-00030 was forwarded to the County Attorney's Office for legal action 11/07/2016 — Motion Stipulation & Order approved by Court (16-C-35125) 06/14/2018 — ZCV16-00030 closed as campers abated as occupied vehicles, Noncommercial Junkyard partially screened and partially removed & semi -trailers reduced to 2 (two) as allowed 10/09/2019 - ZCV19-00290 issued due to a visible Noncommercial Junkyard & multiple occupied camper/trailer-RV's and commercial operations 03/11/2020 - ZCV19-OO29O was forwarded to the County Attorney's Office for legal action 08/18/2020 — Motions Stipulation & Order approved by Court 12/10/2020 - $50 Daily Penalty imposed (20-C-32497) 01/01/2021— Daily Penalty Reminder sent ($1150) 02/01/2021— Daily Penalty Reminder sent ($2700) 03/01/2021— Daily Penalty Reminder sent ($4100) 04/01/2021— Daily Penalty Reminder sent ($5650) 05/01/2021— Daily Penalty Reminder sent ($7150) 06/01/2021— Daily Penalty Reminder sent ($8700) 07/01/2021— Daily Penalty Reminder sent ($10,200) 2021-1768 ZCV19-00290 Bruce Brotemarkle 17080 CR 32 * December 10, 2020 (daily penalty imposed) * $50 / Daily @ 173 days = $6,650.00 * December 10, 2020 — May 31, 2021 WGS_ 1984_Web_Mercator_Auxil iary_Sphere 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 WELD COUNTY Broternarkle link ONLINE MAPPING WGS_1954_Web_Mercator_Auxrlrary_Sphere C 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 8,936.9 0 4,468.46 5,936.9 Feet Legend Parcels Highway Road Road Hr gt waa O County Boundary 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 BRUCE BROTEMARKLE 17080 COUNTY ROAD 32 PLATTEVILLE, CO 80651 Dear Mr. Brotemarkle: 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 December 17, 2020, 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 $50.00 per day beginning on December 10, 2020, 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 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 December 10, 2020 through May 31, 2021. This period totals 173 days and amounts to $6,650.00. 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 $6,650.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $6,650.00, 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. Respctfuily, Gabfiel Kalousek Assistant Weld County Attorney Hello