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Home My WebLink About20213202.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JACQUELYNNE GRABRIAN, AND JUSTIN AND CYNTHIA SANGER 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, Jacquelynne Grabrian, and Justin and Cynthia Sanger, 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, ZCV20-00278, and upon Weld County's motion, the County Court ordered the Defendants to pay $50.00 for each day that the property remained in violation of the Weld County Code, beginning on June 14, 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, and WHEREAS, staff is recommending the Certification of $7,075.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from September 7, 2021, through October 27, 2021 (a period of 141 days), be dismissed and the civil penalties be declared no longer due or owing, as the property is now in compliance and the court ended the daily penalties. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification to the Weld County Treasurer, be, and hereby is, dismissed and the civil penalties, be, and hereby are, declared no longer due or owing. GC :FLO-P/WI/t3P/MD% citCsc), TR(RF), RPM. 1-/i3/2.l 2021-3202 PL0824 DISMISS CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JACQUELYNNE GRABRIAN, AND JUSTIN AND CYNTHIA SANGER 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: ddelf4A) G •�C 1/0� Weld County Clerk to the Board BY: Deputy Clerk to the Board APPR County torney Date of signature: 1/23/ Steve •repo . air ike Freeman EXCUSED Lori Saine 2021-3202 PL0824 TO: Board of County Commissioners FROM: Bob Choate, Assistant County Attorney DATE: November 15, 2021 SIJ j.11;,CT: 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. ® Rolando ® 8588 • Case 0 $25 a Violations: animals an electrical Property ® $25/day daily CR 21C31829; and 21, penalties on is x 34 site, still Fort permit Eloisa and Lupton BCV20-00048/ZCV20-00023 ordered electrical violation + $25 Castillo initial to begin junkyard, work penalty 10/12/21 completed too many without ® ® ® ® a ® Dave 565 Case $10 Violations: cargo Property $10/day daily Sanger Dunmire 21C30145; container is x penalties 187 noncommercial still Sr. St., days Frederick ZCV20-00093 without in order violation = to building $50 initial begin junkyard, 05/12/21 permit penalty installation $1,920 of noncommercial days in = = $875 =<< Santos and Sonia Simental Justin Walden 18526 CR 8, Brighton & 4730 Kings Canyon Dr., Greeley ® Case 20C34848; ZCV20-00135 • Case 21C31191; ZCV20-00174 z- $30 daily penalties ordered to begin 06/16/21 to $25 daily penalties ordered to begin 09/29/21 0 Violations: animals on site noncommercial junkyard, too many O Violations: Property noncommercial is still in violation junkyard, derelict vehicle ® a Property $30/day is still x 152 days in violation $4,560 A. $25/day x 47 = $1,175 = r Dena Swingle 6 Consuelo Hernandez 7435 Harold St., Ft. Lupton 3223 CR 19, Ft. Lupton Case 21C30649; ZCV20-00190 Case 21C31839; ZCV20-00215 r- $25 daily penalties ordered to begin 09/07/21 $20 daily penalties ordered to begin 07/12/21 Violations: noncommercial junkyard, installation of 6 Violations: noncommercial junkyard, installation of cargo container without building permit multiple cargo containers without building permits Property is now in compliance; court ended daily a Property is still in violation penalties on 10/27/21; $25/dayx50days NO ACTION NECESSARY * $20/day x 126 days + $25 initial penalty = $2,545 =$1,250 Page 1of3 LO S • • • Jacquelynne 7076 Case Patrick 21C31836; Grabrian St., Ft. ZCV20-00278 Lupton / Justin and Cynthia Sanger • • • Jesus Salas 15979 Nancy Case 21C33090; and Ave., Tiffany Ft. ZCV21-00001 Brown Lupton • $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 junkyard, derelict vehicles, -trailers o 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, unpei iziitted • Property is still in violation commercial storage business, unpermitted commercial a S 10/day x 126 days + $25 initial penalty vehicles, noncommercial junkyard, derelict vehicles = $1,285 • Property is still in violation • $10/day x 87 days +$50 initial penalty $920 = • Daniela and Paula Grado • Lucina Flores Flores • 9659 CR 44, Milliken • 112 Grace Ave., Milliken • Case 20C33562; ZCV20-00109 • Case 20C31602; ZCV19-00279 • $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, storage of unpermitted construction cargo materials containers, unauthorized • coverage Property for is still structures 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; 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 $20 Violations: unpermitted Last Property penalties $20/day daily CR 19C36287; certification Corral penalties is on x 43, 8+ semi now 10/21/21. 142 ZCV19-00111 ordered unpermitted -trailers, for in = this property compliance; NO $2,840 noncommercial ACTION to begin 08/10/20 cargo containers, junkyard in June court NEC ended daily SSARY 3+ ® - ® • a ® ® Jesus 1705 Case $50 Violations: storage Last Property $50/day daily certification Cedar 19C30835; Vega business, x penalties is still 167 Ave., unpermitted days ZCV18-00172 derelict for in Greeley ordered violation this $8,350 to commercial vehicles property begin 02/01/21 in June trucking and Eaton days = * Charles Bennett and Manuel Gallegos ® Vlahic Sabahudin and Melina Sabonovic a 1100 Fern Ave., Greeley ® Good Avenue (no address, unbuilt lot), Ft. Lupton Case 17C36110; /,CV17-00017 ® Case 18C37496; ZCV18-00166 ® • $25 Violations: parking, daily salvage penalties unpermitted ordered / storage to commercial begin tire 07/09/19 business sales), (truck persons �, e $25 Violations: Camper/RV daily penalties noncommercial ordered to begin junkyard, 08/05/19 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 = ® Aryan Kiani and Matthew Irvin * Bruce rotemarkle t - 331 Dunmire Street, Frederick ® 1708 CR 32, Platteville a Case 20C30918; ZCV19-00192 0 Case 20C32497; ZCV19-00290 e $25 daily penalties ordered to begin 10/22/20 • $50 daily penalties ordered to commence 12/10/20 a 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 c 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 Jacquelynne Grabrian 7076 Patrick Street Fort Lupton, CO 80621 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 Justin and Cynthia Sanger 7076 Patrick Street Fort Lupton, CO 80621 Ms. Grabrian and Mr. and Mrs. Sanger: 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 16, 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 $50.00 per day and an initial penalty of $25 beginning on June 14, 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 "0" Street, Greeley, CO 80631. The hearing will address the penalties for the period from June 14, 2021 through November 15, 2021. This period totals 154 days and amounts to $7,725.00. 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 57.725.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $7,725.00, 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, Ce61j1—. Bob Choate Assistant Weld County Attorney 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 16, 2021 9:45 AM CASE NUMBER: 2021O31836 A FOR COURT USE ONLY BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. Jacquelynne Grabrian, Justin Sager, and Cynthia Sager Defendants. Case Number: 21-C-31836 Division: C DEFAULT JUDGMENT This matter came before the Court on June 14, 2021 for a return date on summons. Plaintiff was represented by Assistant Weld County Attorney Gabriel Kalousek, and Defendants failed to appear. 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. Defendants were properly served on April 19, 2021. Defendants failed to appear on June 14, 2021 and no Answer has been filed. As a result, this Court enters default judgment against the Defendant. 2. Plaintiff brings this action for enforcement 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 § 23-3-30. 3. Defendants own the property located at 7076 Patrick Street, Weld County, Colorado. This Court has jurisdiction over the property. The property is being used in violation of the Weld County Zoning Code. Specifically, the property is in violation of Weld County Code 23-3-45, 23-3-50 and 23-3-70 for a noncommercial junkyard consisting of derelict vehicles and other debris, and animal units exceeding the bulk requirements. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. The Defendants are in default. 2. A $50.00 per day penalty is ordered due to the continued violation. The penalty will begin on June 14, 2021 and will continued until further order of this Court. 3. A $25.00 initial penalty is ordered due to the violation. June 16, 2021 Magistrate Randal Lococo I Date Hello