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Home My WebLink About20213205.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JERRY DILL AND LYNNE KELLY 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, Jerry Dill and Lynne Kelly, 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, ZCV20-00124, and upon Weld County's motion, the County Court ordered the Defendants to pay $10.00 for each day that the property remained in violation of the Weld County Code, beginning on August 20, 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 $920.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from August 20, 2021, through November 15, 2021 (a period of 87 days), be, and hereby is, approved. 4780414 Pages: 1 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO Ed 11111 Cc: CACtic),TR(Rq P1-('P/W I/6P/ND), APPL. 2021-3205 PL0824 12114 /I CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT — JERRY DILL AND LYNNE KELLY 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 G1 �,�,/ t, WELD COUNTY, COLORADO ATTEST: did,G ..deo;oc. Steve F 5reno, Chair Weld County Clerk to the Board BY: 11 Deputy Clerk to the Board APP: OVE County Attorney Date of signature: 4780414 Pages: 2 of 2 11/30/2021 10:31 AM R Fee:$0.00 sillCar1Y Koppes, Clerk and Recorder, Weld County CO Scot ike Freeman EXCUSED Lori Saine 2021-3205 PL0824 ,�kf.F43. •4f: YZ. LRnpl • -.1* N 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. hven 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. O O ® ® Rolando 8588 Case $25 Violations: animals an electrical Property $25/day daily CR 21C31829; and 21, on is x penalties 34 site, still permit Eloisa Lupton violation ordered electrical + $25 Castillo initial to begin junkyard, work penalty completed 10/12/21 $875 too many without ® ® 0 $ ® ® 0 Dave 565 Case $10 Violations: cargo Property $10/day daily Dunmire 21C30145; Sanger container is x penalties still 187 Sr. St., noncommercial days Frederick ZCV20-00093 without in violation order $50 to building initial begin 05/12/21 junkyard, permit penalty installation of $1,920 Fort noncommercial days BCV20-00048/ZCV20-00023 and in = = = . Santos and Sonia Simental ® Justin Walden > 18526 CR. 8, Brighton ® 4730 Kings Canyon Dr., Greeley Case 20C34848; ZCV20-00135 ® Case 21C31191; ZCV20-00174 al $30 daily penalties ordered to begin 06/16/21 $25 daily penalties ordered to begin 09/29/21 ® Violations: animals on site noncommercial junkyard, too many ,- ® Violations: Property noncommercial is still in violation junkyard, derelict vehicle ® Property is still in violation ® $25/day x 47 $1,175 = ® $30/day x 152 days $4,560 = ® Dena Swingle Consuelo Hernandez EY 7435 Harold St, Ft. Lupton = 3223 CR 19, Ft. Lupton ® Case 21C30649; ZCV20-00190 e Case 21C31839; ZCV20-00215 ® $25 daily penalties ordered to begin 09/07/21 * $20 daily penalties ordered to begin 07/12/21 * Violations: noncommercial junkyard, installation of ® Violations: noncommercial junkyard, installation of cargo container without building permit multiple cargo containers without building permits O 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 ® $25/day x 50 days = $1,250 Page 1of3 ills La 8a • • • Jacquelynne 7076 Case Patrick 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 noncommercial on site, derelict vehicles junkyard, too many • Violations: unpermitted noncommercial semi -trailers junkyard, derelict vehicles, a 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 • 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 • 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 ® $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 20C31602; ZCV19-00279 a $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 • $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 Quinonez and Veronica Gutierrez • 1012 E. 16th St., Greeley (2 cases) • Case 17C37227; BCV 16-00012; $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 = 53,340 • 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 • • • Jesus 1705 Case Vega Cedar 19C30835; Ave., Greeley ZCV18-00172 • $20 daily penalties ordered to begin 08/10/20 • $50 daily penalties ordered to begin 02/01/21 • Violations: 8+ unpermitted cargo containers, 3+ • Violations: unpermitted commercial trucking and unpermitted semi -trailers, noncommercial junkyard storage business, derelict vehicles • 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 = • $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 6 $25 daily penalties ordered to begin 08/05/19 • Violations: unpermitted commercial business (truck • Violations: noncommercial junkyard, persons living in parking, salvage / storage yard, tire sales), persons Camper/RV 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 20O30918; 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 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 otice of Certification of Lien to Weld County Treasurer FAX: (970) 352-0242 November 4, 2021 Jerry Dill Lynne Kelly 2141 Bluebell Avenue Greeley, CO 80631 Mr. Dill and Ms. Kelly: 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 August 20, 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 plus an initial penalty of $50 beginning on August 20, 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 oublic 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 June 1, 2021 through November 15, 2021. This period totals 87 days and amounts to $920.00. 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 S920.00, Such lien will have priority over all other security interests, except for taxes. In addition to the $920.00, 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. Respectfully, CZc"-,k, 4 -- Bob Choate Assistant Weld County Attorney Enclosure 116 COUNTY COURT, WELD COUNTY, COLORADO Court Address: 901 9ch Avenue, P.O. Box 2038, DATE Greeley, CO 80632 CASE Phone Number: (970) 475-2400 FILED: August 20, 2021 3:25 Pit NUMBER: 2021C32551 ♦ FOR COURT USE ONLY BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. JERRY G. DILL and LYNNE M. KELLY, Defendant. Case Number: 21-C-32551 Division: C ORDER FOR DEFAULT JUDGMENT THIS MATTER comes before the Court on Plaintiff's Motion for Default Judgment. The Court has reviewed the Motion with all Affidavits attached, as well as the file in this case; and being otherwise fully advised in the premises, hereby finds: 1. The Plaintiff commenced this suit by filing its Complaint with the Court on May 12, 2021. 2. The Plaintiff brought this action against the Defendant pursuant 30-28- 124.5(2), C.R.S. and the Weld County Code due to the presence of a visible noncommercial junkyard, storage of a mobile home, commercial storage and the presence of commercial vehicles that appear to be derelict. 3. Service was not made but Defendant Jerry Dill acquiesced to the Court's jurisdiction by appearing pro se by WebEx on July 12, 2021 and August 9, 2021. 4. The Defendant has not filed an answer as outlined in C.R.C.P. 312, or any answer as of the date of this Order. 5. The Defendant is in default, and the Plaintiff is entitled to the relief requested in the Motion for Default Judgement. 6. Venue has been considered and is proper in this Court as the subject property is within the County of Weld, State of Colorado. 7. The Motion for Default Judgment is HEREBY GRANTED IT IS ORDERED that the Defendant pay an initial penalty of $50.00 and a daily penalty of $10.00 which shall begin on the date of this Order. DATED: August 20, 2021 BY THE COURT: RANDALL C. L • CO 'O County Court Magistrate, 19th Judicial District Hello