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Home My WebLink About20213210.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ARTURO AND MARIAH CORRAL 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 Arturo and Mariah Corral, 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, ZCV19-00111, 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 10, 2020, and WHEREAS, on June 23, 2021, the Weld County Board of Commissioners certified daily penalties of $5,900.00, for the period of August 10, 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. WHEREAS, staff is recommending the Certification of $2,840.00 to the Weld County Treasurer be collected as a special assessment for the daily violation penalties from June 1, 2021, through October 21, 2021 (a period of 142 days), be dismissed and the civil penalties be declared no longer due or owing, as the property is now in compliance and the court ended the daily penalties. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification to the Weld County Treasurer, be, and hereby is, dismissed and the civil penalties, be, and hereby are, declared no longer due or owing. Cc:pL(Tr/Wz/8P/HD), cA(Bc), TR(RF), A PPS., 12/I3at 2021-3210 PL0824 DISMISS CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ARTURO AND MARIAN CORRAL 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: daft/LA) ' X140: Weld County Clerk to the Board BY: eputy Clerk to APP'3VED Coun Attorney Date of signature: I t 123 Steveoreno, Chair ike Freeman EXCUSED Lori Saine 2021-3210 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 Pt 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 21C31829; and CR 21, penalties on is x 34 site, still permit Eloisa BCV20-00048/ZCV20-00023 Lupton_ violation + ordered electrical Castillo $25 initial to completed 10/12/21 5875 too without many • • • • • • • cargo Dave 565 Case $10 Violations: Property $10/day Dunmire daily Sanger 21C30145; container penalties 187 still noncommercial Sr. St., Frederick ZCV20-00093 without in days order violation $50 to building initial begin junkyard, 05/12/21 permit penalty installation $1,920 of Fort noncommercial days and in begin junkyard, work penalty is x = = = • 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 noncommercial on site 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 • 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 • 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 o Property is now in compliance; court ended daily • Property is still in violation 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 • • Jacquelynne 7076 Patrick Case 21C31836; Grabrian St., Ft. ZCV20-00278 Lupton / Justin and Cynthia Sanger • e • Jesus 15979 Case 21C33090; Salas Nancy and Ave., Tiffany ZCV21-00001 Ft. 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 e Violations: unpermitted noncommercial semi junkyard, derelict vehicles, -trailers o 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 57,075 = • David Schoepf w 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 and Paula Grado • Lucina Flores Flores • 9659 CR 44, Milliken • 112 Grace Ave., Milliken • Case 20C33562; ZCV20-00109 • Case 20C31602; ZCV19-00279 • S50 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 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 2of3 • • • 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: unpermitted 8+ unpermitted semi -trailers, noncommercial cargo containers, junkyard 3+ • Violations: storage unpermitted business, derelict commercial vehicles trucking and • Last certification for this property June • Last certification for this property in June in o Property is now in compliance; court ended daily • Property is still in violation penalties on 10/21/21. NO ACTION NECESSARY • $50/day x 167 days $8,350 = • $20/day x 142 days $2,840 = • Charles Bennett and Manuel Gallegos • Mahic Sabahudin and Melina Sabonovic • 1100 Fern Ave., Greeley • Good Avenue (no address, unbuilt lot), Ft. Lupton • Case 17C36110; ZCV 17-00017 • Case 18C37496; ZCV18-00166 ® $25 daily penalties ordered to begin 07/09/19 ® $25 daily penalties ordered to begin 08/05/19 • Violations: parking, salvage unpermitted commercial yard, tire business sales), (truck persons • Violations: Camper/RV noncommercial junkyard, persons living in / storage living in camper/RV • Last certification for this property in July • Last certification for this property in July • Property is still in violation Property is still in violation • $25/day x 167 days $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, derelict vehicles • Violations: noncommercial junkyard, persons living in • Last certification for this property June Camper/RV in • Property is still in violation • Last certification for this property in July ® $25/day x 167 days $4,175 • Property is still in violation = $50/day x 167 days $8,350 = Page 3of3 Arturo Corral c/o Lynette Mata 328 51St Avenue Greeley, CO 80634 Mr. Corral and Ms. Corral: 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 Mariah Corral 35494 CR 43 Eaton, CO 80615 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 11, 2020, 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 $20.00 per day beginning on August 10, 2020 and continuing until the zoning violation is removed from the property. (Court Order attached). The Court terminated daily penalties on October 21, 2021 on the County's Motion. At a public hearine 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 "0" Street, Greeley, CO 80631. The hearing will address the penalties for the period from June 1, 2021 through October 21, 2021. This period totals 142 days and amounts to $2,840.00. 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 52.840.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $2,840.00, 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 Hannah Dutrow at (970) 400-3536. Please feel free to contact me with any questions. Respectfully, r� , Bob Choate Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE Greeley, Colorado 80632 CASE Phone Number: (970) 475-2400 FILED: August 11, 2020 12:37 PM NUMBER: 2019C36287 A FOR COURT USE ONLY A BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. Arturo Corral and Mariah Corral Defendants. Case Number: 19-C-36287 Division: C ORDER ENFORCING ZONING VIOLATION This matter came before the Court on August 10, 2020 for a review of the stipulation. Plaintiff was represented by Assistant Weld County Attorney Gabriel Kalousek, and Defendants failed to appear. Testimony was heard from Hannah Dutrow, Weld County Zoning Compliance Officer. Based upon the foregoing, this Court makes the following findings of fact: 1. This Court has jurisdiction over the subject matter and the parties herein. Defendant, Mariah Corral, was properly served on November 25, 2019. Defendant Arturo Corral acquiesced to the Court's jurisdiction and entered into a stipulation on June 12, 2020. The Court took judicial notice of the amended stipulation. Defendants failed to appear on August 10, 2020 despite notice. As a result, this Court finds the stipulation has not been complied with. 2. Plaintiff brings this action for enforcement of zoning violations and Chapter 23 of the Weld County Code, as permitted by § 30-28-124.5, C.R.S. and Weld County Code § 23-3-30. 3. Defendants own the property located at 35494 County Road 43, Weld County, Colorado 80615. This Court has jurisdiction over the property. The property is being used in violation of the Weld County Zoning Code. Specifically, the property is in violation of Weld County Code § 23-3-30 for the continued presence of an unscreened noncommercial junkyard and manufactured structure. Ms. Dutrow testified that she inspected the property on August 5, 2020 and it was still in violation of the stipulation. Ms. Dutrow emailed the Defendants on August 6, 2020 to remind them of court and of the issues. CONCLUSIONS OF LAW 4. "NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY in conformance with a SCREENING plan approved by the Department of Planning Services." Weld County Code Section 23-3-30. 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-20. Weld County Code Section 23-3-30. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 6. Plaintiff proved by a preponderance of evidence that the property is in violation of the Weld County Code and that the stipulation has not been complied with. 7. A $20.00 per day penalty is ordered due to the continued violation which shall be paid by Arturo Corral. The penalty will begin on August 10, 2020 and will continued until further order of this Court. SO ORDERED. Magistrate Randall Lococo August 11, 2020 Date Hello