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Home My WebLink About20213199.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JUSTIN WALDEN 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, Justin Walden, 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 Zoning Compliance Violation, ZCV20-00174, and upon Weld County's motion, the County Court ordered the Defendant to pay $25.00 for each day that the property remained in violation of the Weld County Code, beginning on September 29, 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 $1,175.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from September 29, 2021, through November 15, 2021 (a period of 47 days), be, and hereby is, approved. 4780410 Pages: 1 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII I��s>ra1L� w��l��'Vi I �M�rGh�rGIIhJI.i��4�� iYhhk Bill Gc : c A (Bc), TR(Rc), PL(TYIw /BP/IiD), ApPL. I. /I'{ /Z.1 2021-3199 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JUSTIN WALDEN 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: 7212d.,dt, ti ;‘,k, Steve reno, Chair Weld County Clerk to the Board Deputy Clerk to the Board Date of signature: u123 /2- 4780410 Pages: 2 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII1��K'tw��l+'li��1:�4��MSiLIM'W�h Bill 2021-3199 PL0824 ,.<I.n 34- r -Gat ' s*Oa KA *strut)a.,J: 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. ,Ns • a ® ® ® daily CR 21C31829; on is x and 21, penalties 34 site, still permit Fort noncommercial days EIois BCV20-00048/ZCV20-00023 and in ., Lupton ordered electrical violation + Castillo $25 to begin junkyard, work penalty 10/12/21 completed too without many ,- ® 0 ® ® * i )ave 565 Case $10 Violations: cargo Property $10/day Dunmire daily Sanger 21C30145; container is x penalties still 187 noncommercial Sr® St, days ZCV20-00093 without in Frederick violation order = $50 to building initial begin junkyard, 05/12/21 permit penalty installation $1,920 of Rolando 8588 Case $25 Violations: animals an electrical Property $25/day initial = = $875 ® Santos and Sonia Simental ® Justin Walden a 18526 CR 8, Brighton ' 4730 Kings Canyon Dr., Greeley ® Case $30 daily 20C34848; penalties ZCV20-00135 ordered to begin 06/16/21 t ® Case $25 21C31191; daily penalties ZCV20-00174 ordered to begin 09/29/21 ® Violations: animals noncommercial junkyard, too many on site r- « Violations: Property noncommercial is still in violation junkyard, derelict vehicle a Property is still in violation .,, $25/day x 47 = $1,175 £- $30/day x 152 days $4,560 = ,7 7435 Lena Swingle Harold Case 21C30649; St., Ft. Lupton ZCV20-001.90 - 0 O Consuelo 3223 CR Case 21C31839; Hernandez 19, Ft. Lupton ZCV20-00215 ® $25 daily penalties ordered to begin 09/07/21 a $20 daily penalties ordered to begin 07/12/21 • Violations: noncommercial junkyard, installation of s Violations: noncommercial junkyard, installation of e cargo Property penalties $25/day container on x is now 10/27/21; 50 without days in = $1,250 compliance; building NO ACTION permit court ended daily NECESSARY ® a $20/day multiple Property cargo is still x 126 containers days in violation + $25 without initial building penalty = $2,545 permits Page 1of3 O Jacquelynne 7076 Patrick Case 21C31836; Grabrian St., Ft. ZCV20-00278 Lupton / Justin and Cynthia Sanger ® ® ® Jesus Salas 15979 Case 21C33090; Nancy and Ave., Tiffany Ft. ZCV21-00001 Lupton rown tc $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 Violations: unpermitted noncommercial semi -trailers junkyard, derelict vehicles, 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 = $7,075 David Schoepf • Jerry Dill and Lynne Kelly . 23990 CR 64, Greeley 4 3108 O St., Greeley est Case 21C32555; BCV20-00017 a Case 21C32551; ZCV20-00124 • $10 daily penalties ordered to begin 07/12/21 $10 daily penalties ordered to begin 08/20/21 ® Violations: Property unfinished is still in violation building permit Violations: commercial unpermitted storage mobile business, unpermitted home, unpermitted commercial z $10/day x 126 days + $25 initial penalty vehicles, noncommercial junkyard, derelict vehicles = $1,285 , Property $10/day is still x 87 days in violation +$50 initial penalty $920 = ® Daniela and Paula Grado ,f. Lucina Flores Flores r 9659 CR 44, Milliken a 112 Grace Ave., Milliken Case 20C33562; ZCV20-00109 -_ Case 20C31602; ZCV19-00279 < $50 daily penalties ordered to begin 07/12/21d' $25 daily penalty ordered to begin 08/04/21 • Violations: equipment, unpermitted unpermitted cargo commercial containers, vehicles unauthorized and gi, 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. raciela Quinonez and Veronica Gutierrez 1012 h. 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 Ham 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 Corral CR 43, 19C36287; Eaton ZCV19-00111 4 ® • 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 0 Violations: unpermitted 8+ semi unpermitted -trailers cargo containers, noncommercial junkyard 3+ ® Violations: storage unpermitted business, derelict commercial trucking vehicles and ® Last certification for this property in June ® Last certification for this property in June ® Property is now in compliance; court ended daily a Property is still in violation ® penalties on $20/day x 142 10/21/21. days NO $2O840 ACTION NECESSARY ® $50/day x 167 days $8,350 = = 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 ® Case 18C37496; ZCV18-00166 8 $25 daily penalties ordered to begin 07/09/19 ® $25 daily penalties ordered to begin 08/05/19 ® Violations: parking, salvage unpermitted / storage commercial yard, tire business sales), (truck persons ® Violations: Camper/RV noncommercial junkyard, persons living in living in camper/RV ® Last certification for this property in July 4 Last certification for this property in July ® Property is still in violation 4t, Property is still in violation ® $25/day x 167 days $4,175 = $25/day x 167 days $4,175 = :, o Aryan 331 Dunmire Case 20C30918; Kiani and Street, ZCV19-00192 Matthew Irvin Frecerick ® Bruce 1708 CR Case 20C32497; Brotemarkle 32, Platteville ZCV19-00290 8 $25 daily penalties ordered to begin 10/22/20 ® $50 daily penalties ordered to commence 12/10/20 -6 Violations: noncommercial junkyard, derelict vehicles Violations: noncommercial junkyard, persons living in Last certification for this property in June Camper/RV 8 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 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 Justin Walden 4730 Kings Canyon Drive Greeley, CO 80634 Mr. Walden: 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 7, 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 plus an initial penalty of $25 beginning on September 29, 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.ni. 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 September 29, 2021 through November 15, 2021. This period totals 47 days and amounts to $1,200.00. 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 S1.200.00s, Such lien will have priority over all other security interests, except for taxes. In addition to the $1,200.00, 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. Resppeectfully,CZt Bob Choate Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, CO 80632 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. JUSTIN WALDEN, Defendant. DATE FILED: October 7, 2021 9:11 AM CASE NUMBER: 2021C31191 ♦ FOR COURT USE ONLY Case Number: 21-C-31191 Division: C ORDER IMPOSING DAILY PENALTIES This matter came before the Court on September 29, 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. Defendant Justin Walden 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 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. Defendant was properly served on April 4, 2021. Defendant consented to the Court's jurisdiction and entered into a stipulation which was approved and ordered by the Court on June 14, 2021. 2. Defendant owns or occupies the property located 4730 Kings Canyon Drive, Greeley, Colorado, 80634, 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 and derelict vehicle. 4. The Court finds that the property is still being used in violation of the Weld County Zoning Code, and further that the defendant has materially breached the stipulation. By stipulation, the defendant agreed to either remove the derelict vehicle or register and repair it by August 3, 2021, and to contact the County's zoning compliance officer to inspect thereafter. As described in the testimony of zoning compliance officer Bethany Pascoe, these action items have not occurred. 5. The Defendant agreed to remedy the violations on the property as set forth in the stipulation, but has failed to do so. The Court finds that Plaintiff has proven by a preponderance of evidence that the property is in violation of the Weld County Code and that the defendant has 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 September 29, 2021 and will continued until further order of this Court. soo Magistrate oco October 7, 2021 Date Hello