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Home My WebLink About20213198.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - SANTOS AND SONIA SIMENTAL 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 Defendants, Santos and Sonia Simental, 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 Defendants failed to bring the property into compliance with the Weld County Code, in relation to Zoning Compliance Violation, ZCV20-00135, and upon Weld County's motion, the County Court ordered the Defendants to pay $30.00 for each day that the property remained in violation of the Weld County Code, beginning on June 16, 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 $4,560.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from June 16, 2021, through November 15, 2021 (a period of 152 days), be, and hereby is, approved. 4780409 Pages: 1 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11111 Cc:CA(Etc), TR(RF), PL(W/wI/SP/ND), APR.. 2021-3198 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - SANTOS AND SONIA SIMENTAL 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: ditittA) � :gi Weld County Clerk to the Board BY: APP County • ttorney Date of signature: ti /23%- 4780409 Pages: 2 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Steve M•reno, Chair S . mes, Pro- erry L. B ike Freeman EXCUSED Lori Saine 2021-3198 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 1" 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. 0 e ® ® ® ® ® Rolando 8588 Case $25 Violations: animals an Property $25/day electrical daily 21O31829; CR and 21, penalties on is x 34 site, still permit BCV20-00048/ZCV20-00023 Lupton ordered violation + electrical $25 Castillo initial to begin junkyard, work completed penalty 10/12/21 $875 too without many ® ® ® ® ® ® ® Dave 565 Case $10 Violations: cargo Property $10/day Dunmire daily Sanger 21C30145; container is x penalties 187 noncommercial still Sr. St., days Frederick ZCV20-00093 order violation = $50 to building initial begin junkyard, 05/12/21 permit penalty installation $1,920 of Eloisa Fort noncommercial days and in without in = = ® Santos and Sonia Simental ® Justin Walden 18526 CR 8, Brighton O 4730 Kings Canyon Dr., Greeley 3 Case 20C34848; ZCV20-00135 O Case 21C31191; ZCV20-00174 , $30 daily Violations: animals penalties on site noncommercial ordered to begin 06/16/21 junkyard, too many 0 ® ® $25 Violations: Property daily penalties ordered noncommercial is still in violation to begin junkyard, 09/29/21 derelict vehicle e Property is still in violation • $25/day x 47 = $1,175 $30/day x 152 days $4,560 = Dena Swingle T Consuelo Hernandez 7435 Harold St., Ft. Lupton ® 3 223 CR 19, Ft. Lupton ® Case 21C30649; ZCV20-00190 • Case 21O31839; ZCV20-00215 .e $25 daily penalties ordered to begin 09/07/21 ® $20 daily penalties ordered to begin 07/12/21 dq, Violations: noncommercial junkyard, installation of e Violations: noncommercial junkyard, installation of cargo container without building permit multiple cargo containers without building permits Properly 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 »r $25/day x 50 days = $1,250 Page 1 of pLo 9 4 :.' ,k • ® Jacquelynne 7076 Case $50 Violations: animals Property penalties $50/day daily Patrick 21O31836; on on x penalties is 141 site, Grabrian St., noncommercial now 11/02/21. days derelict Ft. ZCV20-00278 ordered in + Lupton compliance; S25 / Justin vehicles NO ACTION initial to begin junkyard, and 06/14/21 court NECESSARY penalty Cynthia ended Sanger too many daily $7,075 ® - ® Jesus 15979 Case $25 Violations: unpermitted Property $25/day daily 21C33090; Salas Nancy x and penalties noncommercial semi is still 73 Ave., days Tiffany -trailers in ZCV21-00001 ordered violation + Ft. $50 Lupton initial Brown to junkyard, begin penalty 09/03/21 derelict $1,875 vehicles, = = • David Schoepf 6 Jerry Dill and Lynne Kelly ® 23990 CR 64, Greeley i�, 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 r., 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, e Property noncommercial is still in violation junkyard, derelict vehicles = ® $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 20O31602; ZCV19-00279 0 $50 daily penalties ordered to begin 07/12/21 $25 daily penalty ordered to begin 08/04/21 ® Violations: unpermitted commercial vehicles and ® Violations: too many animals on site, too much lot equipment, unpermitted cargo containers, unauthorized coverage for structures storage of construction materials ® Property is still in violation • Property is still in violation 6 $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 Quinon z 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) 6 $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 • a • Arturo 35494 Case Corral CR 43, 19C36287; 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+ semi unpermitted -trailers, noncommercial cargo containers, junkyard 3+ • Violations: storage unperrnitted business, commercial vehicles trucking and derelict • 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; ZCV17-00017 • Case 18C37496; ZCV18-00166 • $25 daily penalties ordered to begin 07/09/19 • $25 daily penalties ordered to begin 08/05/19 • Violations: parking, unpermitted salvage / storage commercial tire business sales), (truck persons • Violations: Camper/RV noncommercial junkyard, persons living in yard, 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 in June Camper/RV • 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 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 November 4, 2021 Santos and Sonia Simental 18526 CR 8 Brighton, CO 80603 Mr. and Mrs. Simental: 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 June 26, 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 $30.00 per day beginning on line 16, 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 4 public hearing ortNovember 15.2021 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 "0" Street, Greeley, CO 80631. The hearing will address the penalties for the period from June 16, 2021 through November 15, 2021. This period totals 152 days and amounts to $4,560.00. 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 54.560.00. Such lien will have priority over all other security interests, except for takes. In addition to the $4,560.00, 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. Respectfully, Ty -02046 -v -At., Bob Choate Assistant Weld CountyAttorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Colorado 80632 Phone Number: (970) 475-2400 DATE FILED: June 26, 2021 2:57 PM CASE NUMBER: 2020C34848 A FOR COURT USE ONLY BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. Santos Simental and Sonia Simental Defendants. Case Number: 20-C-34848 Division: C PROPOSED ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on June 16, 2021 for a Hearing. Plaintiff was represented by Assistant Weld County Attorney Gabriel Kalousek, and Defendant, Sonia Simental, was pro se and Santos Simental failed to appear. Testimony was heard from Bethany Pascoe, Weld County Zoning Compliance Officer, Sonia Simental and Salvador Simental. 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. The Court took judicial notice of the stipulation. 2. At the hearing the Court took judicial notice of the Weld County Code. 3. The action is based on the Plaintiff's claims 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 Section 23-10-40. Plaintiff alleged violations of Weld County Code Sections 23-3-20, 23-3-30, 23-3-35 and 23-3- 40. In the Stipulation the parties agree that there are violations of the Weld County Code "due to a visible NONCOMMERCIAL JUNKYARD consisting primarily of DERELICT VEHICLES and miscellaneous debris." In the Stipulation, the Defendants agree, among other things, to "remove, restore or completely Screen the Noncommercial Junkyard...with approved Screening materials on or before April 4, 2021. Furthermore, Defendants agree to provide evidence of proof of ownership for all remaining on -site Derelict Vehicles." 4. Testimony at the hearing established the following: Defendants own the property located at street address 18526 County Road 8, Weld County, Colorado 80603. Exhibits 1-2 show that there remain derelict vehicles and a noncommercial junkyard. Ms. Pascoe testified that she visited the property on June 9, 2021 and it was still in violation of the stipulation. Sonia Simental testified that they are still trying to clean up the property. Salvador Simental testified that he owns the vehicles, but there was insufficient evidence to prove ownership. The Defendants agreed to remedy the violations on the property as set forth in the stipulation, but have failed to do so. 5. There is a material breach by the Defendants of the obligations and conditions of the Stipulation and Order. 6. The parties agreed to daily penalties of $30.00 per day. ORDER 7. Plaintiff proved by a preponderance of evidence a material breach of the Stipulation and Order. 8. A $30.00 per day penalty is ordered due to the continued violation. The penalty will begin on June 16, 2,and will continued unturther order of this Court. June 26, 2021 Magistrate Randall Lod oco Date Hello