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Home My WebLink About20213420.tiffRESOLUTION RE: APPROVE RESCINDING RESOLUTION #2021-3115, DATED NOVEMBER 8, 2021, AND WITHDRAW CERTIFICATION OF WEED ENFORCEMENT LIEN - MALONE SNYDER (FORMER OWNERS - THOMAS AND SHERYL SEVCIK) 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, pursuant to Section 15-2-70 of the Weld County Code, the Board of County Commissioners may certify to the Weld County Treasurer any assessment for weed enforcement work not paid within 33 days to constitute a lien against each lot or tract of land until paid, and WHEREAS, the Vegetation Management Specialist performed weed enforcement work on property previously owned by Thomas and Sheryl Sevcik, 7001 County Road 21, Fort Lupton, Colorado 80621, further described as Parcel No. 131127400001, located in: Section 27, Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, a Billing Invoice was sent by Certified Mail on August 13, 2021, and again on August 23, 2021, in the amount of $264.00, and evidence of delivery and receipt was received; however, said Billing Invoice was not paid, and WHEREAS, after review on November 8, 2021, the Board deemed it advisable to certify a lien against the property, described as Parcel No. 131127400001, in the amount of $264.00, and WHEREAS, subsequent to said certification action, the Vegetation Management Specialist discovered the subject property had been sold and is currently owned by Malone Snyder, 7001 County Road 21, Fort Lupton, Colorado 80621, who paid the weed mowing enforcement bill, in the amount of $264.00, thus satisfying the outstanding lien. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the current property owner, Malone Snyder, has paid the weed mowing enforcement bill, in the amount of $264.00, thus satisfying the outstanding lien. BE IT FURTHER RESOLVED by the Board that Resolution #2021-3115, dated November 8, 2021, for a Certification of Weed Enforcement Lien against the subject property, described as Parcel No. 131127400001, in the amount of $264.00, be, and hereby is, rescinded, and the certification, be, and hereby is, withdrawn. CC : Pv►(S HIER/c14 /T8), CA(68) I fl -/22 2021-3420 EG0025 RESCIND RESOLUTION #2021-3115, DATED NOVEMBER 8, 2021, AND WITHDRAW CERTIFICATION OF WEED ENFORCEMENT LIEN - MALONE SNYDER (FORMER OWNERS - THOMAS AND SHERYL SEVCIK) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of December, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditaA) X146)• Steve„Moreno, Chair Weld County Clerk to the Board BY: AP County torney Date of signature: 12, '/2l tt K. James, Pro -Tern Perry L. Buck e Freeman Lori 2021-3420 EG0025 MEMORANDUM TO: Board of County Commissioners FROM: Tina Booton Weed Division Supervisor Jay McDonald Public Works Director DATE: December 6, 2021 SUBJECT: Agenda Item: Rescind and Dismiss Lien for landowner's weed control enforcement bill The landowner listed below has paid their noxious weed mowing enforcement bill in December 2022. Staff requests the Board of County Commissioners officially rescind Resolution #2021-3115 and dismiss the lien on the following property. The amount due was $264.00 for the mowing enforcement plus $0.00 fees for a total bill of $264.00 for the property owners Thomas and Sheryl Sevcik 7001CR 21 Fort Lupton, CO 80621; Parcel #131127400001, Section 27, Township 2 North, Range 67 West in the 6th P.M., Weld County, Colorado. Please add this item to the Wednesday, December 15th, 2021 agenda. MEMORANDUM TO: Clerk to the Board DATE: October 27, 2021 FROM: Tina Booton, Public Work Jay McDonald, Director of Public Works SUBJECT: Agenda Item The following landowner has failed to pay their enforcement bill. A letter was mailed to the landowner on October 28, 2021 certified mail notifying them that a lien was being requested at the Monday, November 8 meeting with the Board of County Commissioners. In compliance with County Code, Section 15-2-70, Failure to Pay Assessment, I request that the weed enforcement bills listed below be certified by resolution by the Board of County Commissioners to the County Treasurer to be collected as taxes in accordance with Section 35-5.5-109(5)(a) C.R.S. The amount due (principal and fees) is $293.33 for the property owner Thomas and Sheryl Sevcik 7001 County Road 21, Fort Lupton, CO 80621; Parcel #131127400001, Section 27, Township 2 North, Range 67 West in the 6th P.M., Weld County, Colorado. Please add this item to tie agenda for Monday, November 8, 2021. WS Postal Service'" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at lwvw.usps.com 1 3 3 3 3 3 3 r 3 3 8/2.1/2021 Certified Mail Fee xtra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Rena® (electronic) $ ❑Certilled Mall Restricted Detivery $ ❑ Adult Signature Required $ ❑ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sent lb Thomas & Sheryl Sevcik 7001 CR 21 9tres7J35� orPPYivd"'. Postmark Hare ort Lurtoa CO 80621 PS Form 3800, April 2015 PSN /s?u-o2 .ioo.so4V See Reverse for Instructions WELD COUNTY PUBLIC WORKS DEPT. WEED DIVISION P.O. BOX 758 GREELEY, CO 80632 970-400-3750 QTY DESCRIPTION UNIT PRICE TOTAL Enforcement Mowing $ 220.00 20% Administrative Fee $ 44.00 TOTAL DUE $ 264.00 THIS BILL IS FOR ENFORCEMENT OF WEED CONTROL UNDER THE COLORADO WEED MANAGEMENT LAW, CRS 35-5.5-109 (5a) ON YOUR PROPERTY KNOWN AS PARCEL # 131127400001, SECTION 27, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T" P.M. IF THIS INVOICE IS NOT PAID WITHIN 30 DAYS, IT WILL BE ''GIVEN TO THE WELD COUNTY ASSESSOR'S OFFICE AND - ,',FTER TRANSMITTED TO THE WELL COUNTY OFFICE TO BE COLLECTED AS A; LIEN ;EGA 1-IE ENTIRE CONTICUOUSTRACTOR. PARCEL OF LAND; SSUANT TO THE PROVISIONS OF SECTION 35-5..5-109(5)(a), C.R.S. PUBLIC WORKS DEPARTMENT 1111 H STREET PO BOX 758 GREELEY, CO 80632 PHONE (970) 400-3767 FAX: (970)304-6497 WEBSITE: www.co.weld.co.us MALONE SNYDER 7001 COUNTY ROAD 21 FORT LUPTON CO 80621-8926 November 16, 2021 Dear Malone Snyder, Records indicate you purchased the property located at 7001 County Road 21 in Fort Lupton, CO. This letter is to inform you that enforcement work was performed at this property on August 13, 2021 and the invoice has not been paid by the previous property owner. Per Weld County Code the responsibility for the invoice lies with the property owner of record. The invoice is for $264.00 and I would love to speak with you about this situation. I can be reached at 970-400- 3770 or tbooton@weldgov.com. To help you understand how the fee was incurred, we have included the background information, please see below: In the spring and summer of 2021, under the Colorado Weed Management Act (35- 5.5) and Weld County Code Chapter 15 the noxious weed Scotch thistle was identified on the property that you recently purchased. We reached out to the previous landowner on six different occasions asking them to address the infestation. We were forced, due to noncompliance, to mail them a legal notice giving them 10 days to mow the parcel. They failed to comply with the request. The County brought in a contractor to mow the Scotch thistle, limiting the seeds spreading to neighboring lands. An invoice was mailed on August 23, 2021 to the landowner requesting payment for this service. Receipt of payment has not been received. In compliance with County Code, section 15-2-70, Failure to Pay Assessment, and State Law Section 35-5.5-109(5)(a) C.R.S. The Board of County Commissioners is compelled to place a lien on the property to recoup this expense. The lien was granted at their November 8th meeting. We are holding the placement of the lien for 30 days from of the date of this letter to provide you an opportunity to pay the enforcement bill without the lien process. If you are not able to pay the bill within the 30 days, the county will place the lien per Weld County Code and add the bill to your property taxes which includes an additional 10% fee. The current bill is $264.00. If the lien is placed on the property, the bill increases to $293.33. I have enclosed a new bill for you as well as a copy of the bill mailed to the original landowners. I look forward to working with you to resolve this matter and am available to answer any questions and help you address the Scotch thistle in 2022. Sincerely, Tina Booton Weed Division Supervisor os a ervice CERTIFIED MAIL° RECEIPT r u n 3 3 J 3 J 3 r n n J Domestic Mail Only For delivery information, visit our website at v. v.usps.cont 11/1512021 Certified Mall Fee ixtra Services & Fees (chock box, add tee as appropdara) ❑ Return Receipt (rerdcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mall Restricted Delivery $ 0 Adult Signature Required $ 0 Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Hare Sent lb Malone Snyder . SWOWWWW:WPUMix �70�0t1 CR 21 WgWaFort Lu . ton CO 80621-8926 PS Form 3©00, April 2015 PSN 7530-02-0yo-9[47 QTY See Fieverse for Instructions WELD COUNTY PUBLIC WORKS DEPT. WEED DIVISION P.O. BOX 758 GREELEY, CO 80632 970-400-3750 DESCRIPTION UNIT PRICE TOTAL Enforcement Mowing $ 220.00 20% Administrative Fee $ 44.00 TOTAL DUE $ 264.00 THIS BILL IS FOR ENFORCEMENT OF WEED CONTROL UNDER THE COLORADO WEED MANAGEMENT LAW, CRS 35-5.5-109 (5a) ON YOUR PROPERTY KNOWN AS PARCEL # 131127400001, SECTION 27, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T" P.M. !FINIS INVOICE IS NOT PAID WITHIN 30 DAYS, IT WILL BE WEN TO THE WELD COUNTY ASSESSOR'S OFFICE AND „_AFTER TRANSMITTED TO THE WELD COUNTY i r t :A � "R'S OFFICE TO BE COLLECTED AS A LIEN AG; I IiEENTIRECONTIGUOUSTRACTOR PARCELOF LAND P 3 RSUANT TO THE PROVISIONS OF SECTION 35-5.5-109(5)W, C.R.S. Esther Gesick From: Sent: To: Cc: Subject: Bruce Barker Monday, December 6, 2021 11:31 AM Esther Gesick Tina Booton; Curtis Hall; Sharon Benson; Chloe Rempel; Houstan Aragon RE: INSTRUCTION REQUESTED: Weed Enforcement Bill paid! Agree. Finish this and then do one to dismiss the matter. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is attorney privileged and confidential, or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick <egesick@weldgov.com> Sent: Monday, December 6, 2021 11:21 AM To: Bruce Barker <bbarker@weldgov.com> Cc: Tina Booton <tbooton@weldgov.com>; Curtis Hall <chall@weldgov.com>; Sharon Benson <sbenson@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Chloe Rempel <crempel@weldgov.com>; Houstan Aragon <haragon@weldgov.com> Subject: INSTRUCTION REQUESTED: Weed Enforcement Bill paid! Hi Bruce, This is the 11/8/21 Resolution for Weed Enforcement Certification that you asked me to pull and hold while we gave Tina time to reach out to the new/current property owner to see if they would pay the weed enforcement costs assessed against the property. Good news — they have paid (see attached)! So, now I need to know what you want to do with the pending Resolution from the Certification action that was taken by the Board on 11/8. I'm thinking we should go ahead and get it signed, since it was the action taken that day (but not recorded), and then place a new item of business on the 12/15 Agenda to Rescind Resolution #2021-3115 and dismiss the matter, since there is no longer an outstanding bill. Thoughts? 1 Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tina Booton <tbooton@weldgov.com> Sent: Monday, December 6, 2021 10:55 AM To: Esther Gesick <egesick@weldgov.com> Cc: Curtis Hall <chall@weldgov.com>; Sharon Benson <sbenson@weldgov.com> Subject: Enforcement Bill paid! Let me know what you find out from Bruce about rescinding the lien. I am planning to go back before the BOCC with another grant application request on Wednesday, Dec. 15tH Sincerely, Tina Booton Weed Division Supervisor Weld County Public Works PO Box 758; 1111 H Street Greeley, CO 80632 970-400-3770 www.weldweeds.org Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: PW110-05240@co.weld.co.us <PW110-05240@co.weld.co.us> Sent: Monday, December 6, 2021 10:50 AM To: Tina Booton <tbooton@weldgov.com> Subject: Attached Image 2 Hello