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Home My WebLink About20213201.tiffRESOLUTION RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CONSUELO HERNANDEZ 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, Consuelo Hernandez, 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, ZCV20-00215, and upon Weld County's motion, the County Court ordered the Defendant to pay $20.00 for each day that the property remained in violation of the Weld County Code, beginning on July 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 $2,545.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from July 12, 2021, through November 15, 2021 (a period of 126 days), be, and hereby is, approved. 4780411 Pages: 1 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO in HUi��=!�i �iilik'1�+� Iad'��ir'�1�ii G�+�'�I '�Ii'i4Y4i 11111 CC: CA(BC) TR(RF), PL,(TP/z/t3P/HD), Acn.-. 19.1(4/2.1 2021-3201 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CONSUELO HERNANDEZ 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 dithA) ��11��,,��,,//WELD COUNTY, COLORADO ATTEST: G: •.�C.Gter%oi Steve/ oreno, Chair Weld County Clerk to the Board BY: Al Deputy Clerk to the Board AP' ' I' ED ounty Attorney Date of signature: I 4780411 Pages: 2 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO VIII tier hCilli 'i'I4 it Pr4 'R'�41��'�I�' Yih BM ike Freeman EXCUSED Lori Saine 2021-3201 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 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. • • • • a • • Rolando 8588 Case $25 Violations: animals an electrical Property $25/day daily 21C31829; CR 21, on is x and penalties 34 site, still permit Fort noncommercial days and BCV20-00048/ZCV20-00023 Lupton ordered violation + electrical Castillo $25 initial to begin junkyard, work completed 10/12/21 too without many ® • ® ® • • • Dave 565 Case $10 Violations: cargo Property $10/day Dunmire daily Sanger 21C30145; container is x penalties still 187 noncommercial St., Sr. days Frederick ZCV20-00093 order to building initial begin junkyard, 05/12/21 permit penalty installation $1,920 of Eloisa in penalty without in violation $50 = = = $875 • Santos and Sonia Simental • Justin Walden • 18526 CR 8, Brighton • 4730 Kings Canyon Dr., Greeley • Case 20O34848; ZCV20-00135 • Case 21C31191; ZCV20-00174 • $30 daily penalties ordered to begin 06/16/21 • $25 daily penalties ordered to begin 09/29/21 • Violations: noncommercial junkyard, too many ® Violations: noncommercial junkyard, derelict vehicle animals on site • Property is still in violation • Property is still in violation • $25/day x 47 = $1,175 ® $30/day x 152 days $4,560 = • Dena Swingle a Consuelo Hernandez a 7435 Harold St., Ft. Lupton 0 3223 CR 19, Ft. Lupton a Case 21C30649; ZCV20-00190 • 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 0 Property 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 -�C PLerwpci • • • Jacquelynne 7076 Case Patrick 21C31836; St., Grabrian Ft. ZCV20-00278 Lupton / Justin and Cynthia Sanger ® • • Jesus 15979 Case 21C33090; Salas Nancy and Ave., Ft. Lupton Brown Tiffany ZCV21-00001 • $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, 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 + 850 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 O Case 21C32551; ZCV20-00124 a $10 daily penalties ordered to begin 07/12/21 ® $10 daily penalties ordered to begin 08/20/21 • Violations: unfinished building permit a 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 and Paula Grado • Lucina Flores Flores ® 9659 CR 44, Milliken • 112 Grace Ave., Milliken • Case 20C33562; ZCV20-00109 • Case 20C31602; ZCV19-00279 • S50 daily penalties ordered to begin 07/12/21 • $25 daily penalty ordered to begin 08/04/21 a 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) a 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 Elam and Donald Barris • 20453 CR 54, Greeley Case 17C30784; ZCV16-00129 • $20 daily penalty ordered to begin 08/07/17 a 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 2 o13 • • • Arturo 35494 Case Corral CR 43, 19C36287; Eaton ZCV19-00111 • • • 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 ® Violations: unpermitted 8+ unpermitted semi -trailers, noncommercial cargo containers, junkyard 3+ • Violations: storage unpermitted business, derelict commercial vehicles trucking and • Last certification for this property June • Last certification for this property in June in 0 Property is now in compliance,. court ended daily • Property is still in violation • penalties $20/day on x 142 10/21/21. days N9 $2,840 ACTION NECESSARY • $50/day x 167 days $8,350 = = • 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 • $25 daily penalties ordered to begin 08/05/19 • Violations: parking, salvage unpetinitted 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 • 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, Frecerick • 1708 CR 32, Platteville • Case 20C30918; 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 FAX: (970) 352-0242 Notice of Certification of Lien to Weld County Treasurer November 4, 2021 Consuelo Hernandez PO Box 462 Fort Lupton, CO 80621 Ms. Hernandez: 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 July 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 $20.00 per day and an initial penalty of $25 beginning on July 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.nt,. 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 July 12, 2021 through November 15, 2021. This period totals 126 days and amounts to $2,545.00. 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 52.545.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $2,545.00, 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, Greeley, Colorado 80632 Phone Number: (970) 475-2400 DATE FILED: July 19, 2021 4:05 PM CASE NUMBER: 2021031839 ♦ FOR COURT USE ONLY BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. Consuelo Maria Hernandez, Defendant. Case Number: 21-C-31839 Division: C DEFAULT JUDGMENT This matter came before the Court on July 12, 2021 for a return date on summons. Plaintiff was represented by Assistant Weld County Attorney Gabriel Kalousek, and Defendant 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. Defendant was properly served on April 19, 2021. Defendant failed to appear for the return date on summons on July 12, 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. 3. Defendant owns the property located at 3223 CR 19, Weld County, Colorado. This Court has jurisdiction over the property. The property is being used in violation of the Weld County Building Code. Specifically, the property is in violation due to the presence of cargo containers and a noncommercial junkyard. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 1. The Defendant is in default. 2. A $20.00 per day penalty is ordered due to the continued violation. The penalty will begin on July 12, 2021 and will continued until further order of this Court. 3. A $25.00 initial penalty is ordered due to the violation. July 19, 2021 Magistrate Randall Lococo Date Hello