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Home My WebLink About20213196.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING AND ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ROLANDO AND ELOISA CASTILLO 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, Rolando and Eloise Castillo, 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 Building Permit Violation, BCV20-00048, and Zoning Compliance Violation, ZCV20-00023, and upon Weld County's motion, the County Court ordered the Defendants to pay $25.00 for each day that the property remained in violation of the Weld County Code, beginning on October 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 $875.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from October 12, 2021, through November 15, 2021 (a period of 34 days), be, and hereby is, approved. 4780407 Pages: 1 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII Hoak 1111 cc: PL(,'P/w=/BP/HD), cA(8c), TR(RF), tit(RA), aWPL. 12/10/2( 2021-3196 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF BUILDING AND ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ROLANDO AND ELOISA CASTILLO 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: �j,, J Weld County Clerk to the Board BY: Steve Meno, Chair James, Pro -T Deputy Clerk to the Board �i�," �J� ��!� 1 erry L. Bu; k� APPR• ED AS ike Freeman ounty Attorney fi; ��j�/� �� EXCUSED Date of signature: 11/2-312-( 4780407 Pages: 2 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO VIII Lori Saine 2021-3196 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. ® ® ® ® ® ® a Rolando 8588 Case $25 Violations: animals an electrical Property $25/day daily CR 21C31829; and 21, penalties on is x 34 site, permit still Eloisa BCV20-00048/ZCV20-00023 Lupton ordered electrical violation + $25 Castillo to initial begin junkyard, work penalty completed 10/12/21 too many without 4= ® « a ® ® ® irtave 565 Case $10 Violations: cargo Property $10/day Sanger Dunmire 21C30145; daily container is x penalties still 187 Sr. St., noncommercial Frederick ZCV20-00093 without in days order violation $50 building to initial begin junkyard, 05/12/21 permit penalty installation $1,920 of Fort noncommercial days and in = = = $875 ; Santos and Sonia Simental -- Justin Walden ® 18526 CR 8, Brighton 4730 Kings Canyon Dr., Greeley ® Case 20C34848; Z,CV20-00135 ® Case 21C31191; ZCV20-00174 $30 daily penalties ordered to begin 06/16/21 e $25 daily penalties ordered to begin 09/29/21 ® Violations: animals noncommercial junkyard, on site too many -,- Violations: Property noncommercial is still in violation junkyard, derelict vehicle n Property is still $30/day x 152 days in violation $4,560 $25/day x 47 $1,175 = = Dena Swingle • Consuelo Hernandez ?,;, 7435 Harold St., Ft. Lupton ® 3223 CR 19, Ft. Lupton Case 21C30649; ZCV20-00190 ® Case 21O31839; ZCV20-00215 r, $25 daily penalties ordered to begin 09/07/21 $20 daily penalties ordered to begin 07/12/21 f Violations: noncommercial junkyard, installation of ® Violations: noncommercial junkyard, installation of cargo container without building permit multiple cargo containers without building permits ® Property is now in compliance; court ended daily Property is still in violation penalties on 10/27/21; NO ACTION NECESSARY v $20/day x 126 days + $25 initial penalty = $2,545 ® $25/day x 50 days = $1,250 Page 1of3 PLOg Q49 LJacquelynne Grabrian $ 7076 Patrick St., a Case 21C31836; Ft. ZCV20-00278 / Justin Lupton and Cynthia Sanger -2 e ® Jesus Salas 15979 Nancy Case 21C33090; and Ave., Tiffany Ft. Lupton ZCV21-00001 . r own * $50 daily penalties ordered to begin 06/14/21 6 $25 daily penalties ordered to begin 09/03/21 * Violations: animals noncommercial on site, derelict vehicles junkyard, too many ® Violations: unpermitted noncommercial semi -trailers junkyard, derelict vehicles, 0 Property is now in compliance; court ended daily ® Property is still in violation ® penalties $50/day on x 141 11/02/21. days + NO $25 ACTION initial penalty NECESSARY $7,075 ® $25/day x 73 days + $50 initial penalty = $1,875 = ® David Schoepf -s 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 c $10 daily penalties ordered to begin 08/20/21 ", Violations: Property $10/day unfinished is still x 126 days in violation + $25 building initial permit penalty $1,285 6 Violations: commercial vehicles, unpermitted storage noncommercial business, mobile unpermitted junkyard, home, derelict unpermitted commercial vehicles = ® Property $10/day is still x 87 in days violation +$50 initial penalty $920 = ® Daniela and !aula Grado ® Lucina Flores Flores :y. 9659 CR 44, Milliken • 112 Grace Ave., Milliken Case 20C33562; ZCV20-00109 ,.3 Case 20O31602; ZCV19-00279 • $50 daily penalties ordered to begin 07/12/21 -ir $25 daily penalty ordered to begin 08/04/21 ® Violations: equipment, storage Property of is unpermitted unpermitted construction still in violation cargo materials commercial containers, vehicles unauthorized and q=b s, 0 Violations: coverage Property $25/day for is x 103 too still structures many in days violation $2,575 animals on site, too much lot = - $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. :1 Graciela Quinonez and Veronica Gutierrez 1012 E. 16th St., Greeley (2 cases) Case 17C37227; BCV 16-000129 $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 ® v Arturo 35494 Case Corral CR 43, 19C36287; Eaton ZCV19-00111 • e ® Jesus 1705 Case Vega Cedar Ave., Greeley 19C30835; 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 6 Last certification for this property in June ® Last certification for this property in June 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 = e $20/day x 142 days $2,840 = 0 Charles Bennett and Manuel Gallegos ® Mahic Sabahudin and Melina Sabonovic e 1100 Fern Ave., Greeley ® Good Avenue (no address, unbuilt lot), Ft. Lupton * Case 17C36110; ZCV17-00017 e Case 18C37496; ZCV18-00166 $25 daily penalties ordered to begin 07/09/19 6 $25 daily penalties ordered to begin 08/05/19 ® Violations: parking, unpermitted salvage / storage commercial yard, tire business sales), (truck persons 0 Violations: Camper/RV noncommercial junkyard, persons living in 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 = 0 Aryan Kiani and Matthew Irvin ® Bruce Brotemarkle • 331 Dunmire Street, • 1708 CR 32, Platteville Frederick * Case 20C30918; ZCV 19-00192 0 Case 20C32497; ,ACV 19-00290 • $25 daily penalties ordered to begin 10/22/20 ® $50 daily penalties ordered to commence 12/10/20 0 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 6 $25/day x 167 days $4,175 ® Property is still in violation = $50/day x 167 days $8,350 = Page 3 of 3 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 Rolando and Eloisa Castillo 4598 Eugene Way Denver, CO 80239 Mr. and Mrs. Castillo: 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 October 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 $25.00 per day beginning on October 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 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 80631. The hearing will address the penalties for the period from October 12, 2021 through November 15, 2021. This period totals 35 days and amounts to $875.00. 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 S875.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $875.00, 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, Bob Choate Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE Greeley, CO 80632 CASE Phone Number: (970) 475-2400 FILED: October 19, 2021 12:53 PM NUMBER: 2021C31829 ♦ FOR COURT USE ONLY • Case Number: 21-C-31829 Division: C BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. ROLANDO CASTILLO and ELOISA CASTILLO, Defendants. ORDER IMPOSING DAILY PENALTIES This matter came before the Court on October 12, 2021 for an evidentiary hearing to review the stipulation agreed upon by the parties and ordered by the Court on June 14, 2021. Plaintiff was represented by Assistant Weld County Attorney Bob Choate. Defendants Rolando Castillo and Eloisa Castillo failed to appear. The Court makes the following findings of fact and conclusions of law: 1. This Court has jurisdiction over the subject matter and the parties herein. This is an action to enforce zoning and building code violations within the unincorporated area of Weld County pursuant to C.R.S. §30-28-124.5 and Weld County Code (WCC) §23-10-40, and C.R.S. §30-28-210 and WCC §29-11-10. Defendants consented to the Court's jurisdiction and entered into a stipulation which was approved and ordered by the Court on June 14, 2021. 2. Defendants owns or occupy the property located 8588 County Road 21, Fort Lupton, Colorado, in unincorporated Weld County (the "Property"). 3. By stipulation, Defendant agreed that the Property was in violation of the Weld County Zoning Code due to the presence of a non-commercial junkyard consisting primarily of building materials, iron/metal and miscellaneous debris, as well as the presence of more than 4 animal units per acre without appropriate zoning permits. Defendants also agreed that the Property was in violation of the Weld County Building Code due to completion of electrical work and outdoor light poles being installed without first obtaining a building permit. 4. The Court finds that the property is still being used in violation of the Weld County Zoning Code and the Weld County Building Code, and further that the defendants have materially breached the stipulation. By stipulation, the defendants agreed to remove the junk or completely screen it from adjacent properties and rights of way. The Court finds that while the defendants have partially screened the junk on the Property, it is not completely screened. Defendants further agreed to either reduce the number of animal units or submit a Use by Special Review (USR) permit application. The Court finds that the defendants have done neither. Defendants further agreed to submit a building permit application for the electrical work. The Court finds that the defendants have not complied with the building permit requirements and it has now expired without being approved. Finally the Defendants agreed to arrange for an inspection by the Zoning Compliance Officer. The Court finds they have failed to do so. 5. The Defendants agreed to remedy the violations on the Property as set forth in the stipulation, but have failed to do so. The Court fords that Plaintiff has proven by a preponderance of evidence that the Property is in violation of the Weld County Code and that the defendants have materially breached the stipulation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 6. A $25.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty begins on October 12, 2021 and will continue until further order of this Court. SO ORDERED. Magistrate Randall llococo October 19, 2021 Date Hello