HomeMy WebLinkAbout20212232.tiffRESOLUTION
RE: APPROVE DETERMINATION OF SATISFACTION OF SPECIAL ASSESSMENTS FOR
ZONING VIOLATION PENALTIES - HOWARTH HALL FINANCIAL, LLC
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, the Board previously certified certain special assessments (the "Special
Assessments", which are identified on the attached Exhibit A) on property located at 2688 County
Road 35, Lochbuie ("Property") in accordance with a court order imposing daily financial civil
penalties due to ongoing violations of the Weld County Zoning Code, and
WHEREAS, the Board has been presented with a request to waive the Special
Assessments on the Property, which is currently owned by Howarth Hall Financial, LLC ("Property
Owner"), and
WHEREAS, the Special Assessments remain unpaid, and the Weld County Treasurer has
not yet sold the tax liens associated with the unpaid Special Assessments, and
WHEREAS, the zoning violations were caused by Property Owner's predecessor -in -
interest, and Property Owner has expended substantial time and costs to clean the Property and
bring it into compliance with the Weld County Zoning Code as required by the court order, and
WHEREAS, the Board finds that the Property Owner's efforts have satisfied the Special
Assessment and, therefore, that the Special Assessments may be deemed satisfied.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Special Assessments, as identified on the attached Exhibit A,
including all penalties and interests thereon, be, and hereby are, satisfied.
BE IT FURTHER RESOLVED by the Board that the County Attorney is directed to move
the court to dismiss the zoning enforcement action, and transmit this determination to the Weld
County Treasurer such that he takes no further action to collect the Special Assessments.
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Carly Koppes, Clerk and Recorder, Weld County , CO
R'1'1' r Rd I'.I 1I II
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PL(t3P/HD/TP)
07/2412.1
2021-2232
PL0824
DETERMINATION OF SATISFACTION OF SPECIAL ASSESSMENTS FOR ZONING
VIOLATION PENALTIES — HOWARTH HALL FINANCIAL, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of July, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d,eft.A, .dD•&k,
Weld County Clerk to the Board
BY:
AP
ounty Attorney
Date of signature: 07/26/21
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Carly Koppel, Clerk and Recorder, Weld County , CO
Steveoreno, Chair
Lori Sai
2021-2232
PL0824
DETERMINATION OF SATISFACTION OF SPECIAL ASSESSMENTS FOR ZONING
VIOLATION PENALTIES — HOWARTH HALL FINANCIAL, LLC
PAGE 3
Exhibit A — Special Assessments
1) $24,500.00 by Resolution #2014-2778,
at Reception No. 4047984.
2) $13,000.00 by Resolution #2015-0207,
Reception No. 4083139.
3) $13,800.00 by Resolution #2015-1630,
Reception No. 4119732.
4) $22,400.00 by Resolution #2016-0221,
Reception No. 4180523.
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Carly Koppel, Clerk and Recorder, Weld County CO
II II
approved on 09/10/2014 and recorded 09/23/2014
approved 01/19/2015 and recorded 02/12/2015 at
approved 06/08/2015 and recorded 06/29/2015 at
approved 01/18/2016 and recorded 02/12/2016 at
2021-2232
PL0824
Commissioners,
TO: Board of County Commissioners
FROM: Bob Choate, Assistant County Attorney
DATE: July 14, 2021
SUBJECT: Satisfaction of Zoning Violation Special Assessments
We have received a request to waive certain special assessments that were previously certified to the Weld
County Treasurer for zoning violations on property located at 2688 WCR 35 near Lochbuie. The Board
previously certified a total of $73,700 against the property, and with penalties and interest the total is now
approximately $119,756.
This is the property previously owned by Trenton Parker, who refused to clean up the property for many years,
and finally the property was conveyed to the current owner after Mr. Parker passed away. The current owner
has spent a lot of time and money cleaning up the property, and has asked the Board to waive the special
assessments against it so he can pay the remaining taxes (approximately $28,464) and take clear title. The
Treasurer has held off on selling the tax liens as directed by the Board last year and earlier this year, in order to
give the property owner time to clean up the property. Zoning Enforcement Officer Bethany Pascoe has
inspected the property and found that it is now in compliance with the zoning code, for the first time in 19
years.
Therefore, I recommend you find that the special assessments have been satisfied and waive payment of
them, as I previously recommended and in accordance with the direction the Board previously provided. If you
agree I will place the attached resolution on your agenda.
Approve Staff
Recommendation
Work
Session
Requested
Comments
Perry Buck
Mike
Freeman
Scott
James
Si°P
Steve
Moreno
LT
Lori Saine
2021-2232
Hello