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Home My WebLink About20213204.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING AND ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DAVID SCHOEPF 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 Department of Planning Services, filed a complaint in the Weld County Court against Defendant, David Schoepf, claiming that the Defendants' property was 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 Defendant failed to bring the property into compliance with the Weld County Code, in relation to Building Permit Violation, BCV20-00017, and upon Weld County's motion, the County Court ordered the Defendant to pay $10.00 for each day that the property remained in violation of the Weld County Code, beginning on July 12, 2021, and WHEREAS, C.R.S. §30-28-124.5(1) and Section 23-10-40.A of the Weld County Code 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 $1,285.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from July 12, 2021, through November 15, 2021 (a period of 126 days), be, and hereby is, approved. 4780413 Pages: 1 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO cc : PL(-rP/wz/13P/HD), cA(Bc), TR(RF), Bt(RA), ownL, ►2/t0/21 2021-3204 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING AND ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DAVID SCHOEPF 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: dilethAj w 444;4, Weld County Clerk to the Board BY: Deputy Clerk to the Board APP •VED AS AS County ttorney Date of signature: 4780413 Pages: 2 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO fill I�� ai4 iii��J� iL ��+R� 14''& M WA 11111 o, Chair Steve Mor Perry L. B ike Freeman 2021-3204 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. ® ® • ® • e Rolando 8588 Case $25 Violations: animals an electrical Property $25/day daily CR 21O318299 and 21, penalties on is x 34 site, still permit BCV20-00048/ZCV20-00023 and Lupton ordered violation + electrical $25 Castillo initial to begin junkyard, work penalty 10/12/21 completed = $875 too many without r,, • - ® ® ® 6 ' - 565 Case $10 Violations: cargo Property $10/day ave Dunmire daily 21C30145; container Sanger is x penalties still 187 noncommercial Sr. St., days Frederick ZCV20-00093 without in order violation $50 to building initial begin junkyard, 05/12/21 permit penalty installation of $1,920 Eloisa Fort noncommercial in days = = • Santos and Sonia Si en tai ® Justin Walden 0 18526 CR 8, Brighton • 4730 Kings Canyon Dr., Greeley e Case 20O348489 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: noncommercial junkyard, too many ® Violations: noncommercial junkyard, derelict vehicle ® animals Property $30/day on is x site still 152 in days violation $4,560 e 0 Property $25/day is still x 47 in = violation $1,175 = Dena Swingle e Consuelo Hernandez • 7435 Harold Case 21C30649; St., Ft. ZCV20-00190 Lupton - 3223 CR e Case 21C31839; 19, Ft. Lupton ZCV20-00215 ® $25 daily penalties ordered to begin 09/07/21 r $20 daily penalties ordered to begin 07/12/21 0 Violations: noncommercial junkyard, installation of e Violations: noncommercial junkyard, installation of e cargo container Property without is now 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 $1,250 NO ACTION NECESSARY is $20/day x 126 days + $25 initial penalty = $2,545 = Page 1of3 LOS 09 • • • Jacquelynne 7076 Patrick Case 21C31836; Grabrian St., Ft. ZCV20-00278 Lupton / Justin and Cynthia Sanger • • • Jesus 15979 Case 21C33090; Salas Nancy and Ave., Tiffany ZCV21-00001 Ft. Lupton Brown • $50 daily penalties ordered to begin 06/14/21 • $25 daily penalties ordered to begin 09/03/21 • Violations: animals Property on site, is noncommercial derelict now in vehicles compliance; junkyard, court ended too many daily • • Violations: unpermitted Property is noncommercial still semi -trailers in violation junkyard, derelict vehicles, 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 o $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 • S 10/day x 87 days +$50 initial penalty $920 = )z 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, storage of unpermitted unpermitted construction cargo materials commercial containers, vehicles unauthorized and • coverage • Violations: Property too for is still structures many in violation animals on site, too much lot • Property is still in violation • $25/day x 103 days S2,575 = • $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 ® 0 ® 0 • o Arturo 35494 Case $20 Violations: unpermitted Last Property penalties $20/day daily CR 19C36287; certification Corral 43, penalties is on x 142 8+ semi now 10/21/21. Eaton days ZCV19-00111 -trailers, ordered unpermitted for this in = property compliance; NO $2,840 to noncommercial ACTION begin cargo 08/10/20 containers, in June court NECESSARY junkyard ended 3+ daily • f,,. ® • • • storage Jesus 1705 Case $50 Violations: Last Property $50/day daily certification Cedar 19C30835; Vega penalties business, is still x 167 Ave., unpermitted days ZCV18-00172 derelict for in Greeley ordered violation this $8,350 commercial vehicles property to begin 02/01/21 trucking in June and = • Charles Bennett and Manuel Gallegos 0 Mahic Sabahudin and Melina Sabonovic „r 1100 Fern Ave., Greeley ® Good Avenue (no address, unbuilt lot), Ft. Lupton ,e Case 17C36110; ZCV17-00017 0 Case 18C37496; ZCV18-00166 $25 daily penalties ordered to begin 07/09/19 a $25 daily penalties ordered to begin 08/05/19 0 Violations: parking, unpermitted salvage / storage commercial yard, business tire sales), (truck persons • Violations: Camper/RV noncommercial junkyard, persons living in living in camper/RV • Last certification for this property in July t., Last certification for this property in July • Property is still in violation ti Property is still in violation ® $25/day x 167 days $4,175 = • $25/day x 167 days $4,175 = • Aryan Kiani and Matthew Irvin 6 I ruse Brotemarkle' • 331 Dunmire Street, Frederick ® 1708 CR 32, Platteville • Case 20C30918; /CV19-00192 • Case 20C32497; ZCV19-00290 t $25 daily penalties ordered to begin 10/22/20 0 $50 daily penalties ordered to commence 12/10/20 o Violations: noncommercial junkyard, derelict vehicles • Violations: noncommercial junkyard, persons living in e Last certification for this property in June Camper/RV 4- Property is still in violation • Last certification for this property in July $25/day x 167 days $4,175 ® Property $50/day is x 167 still days in violation $8,350 = = Page 3of3 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 David Schoepf 23990 CR 64 Greeley, CO 80631 Mr. Schoepf: 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 July 19, 2021, 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 and an initial penalty of $25 beginning on July 12, 2021 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 amt. 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 12, 2021 through November 15, 2021. This period totals 126 days and amounts to $1,285.00. 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 51.285.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $1,285.00, 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, Bob Choate Assistant Weld County Attorney Enclosure iris COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Colorado 80632 Phone Number: (970) 475-2400 DATE FILED: July 19, 2021 4:06 PM CASE NUMBER: 2021032555 A FOR COURT USE ONLY BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. David M. Schoepf, Defendants. Case Number: 21-C-32555 Division: C DEFAULT JUDGMENT This matter came before the Court on July 12, 2021 for a return date on summons. Plaintiff was represented by Assistant Weld County Attorney Gabriel Kalousek, and Defendant failed to appear. 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 was properly served on June 9, 2021. Defendants failed to appear for the return date on summons on July 12, 2021 and no Answer has been filed. As a result, this Court enters default judgment against the Defendant. 2. Plaintiff brings this action for enforcement of building violations and Chapter 29 of the Weld County Code, as permitted by § 30-28-124.5, C.R.S. and Weld County Code. 3. Defendant owns the property located at 23990 CR 64, Weld County, Colorado. This Court has jurisdiction over the property. The property is being used in violation of the Weld County Building Code. Specifically, the property is in violation due to building permit RSA18-0205 expiring without all inspections being completed. Magistrate Randall Lococo IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. The Defendant is in default. 2. A $ 10.00 per day penalty is ordered due to the continued violation. The penalty will begin on July 12, 2021 and will continued until further order of this Court. 3. A $25.00 initial penalty is ordered due to the violation. July 19, 2021 Date Hello