HomeMy WebLinkAbout20211765.tiffRESOLUTION
RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CHARLES BENNETT AND
MANUEL GALLEGOS
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 Weld County Department of Planning Services,
filed a complaint in the Weld County Court against Defendants Charles Bennett and
Manuel Gallegos, claiming that the Defendants' property is 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, ZCV17-00017, and upon Weld
County's motion, the County Court ordered Defendants to pay $25.00 per day that the property
remained in violation of the Weld County Code, beginning on July 9, 2019, and
WHEREAS, on the following dates, the Weld County Board of Commissioners certified
daily penalties for the following amounts:
• January 20, 2020: $4,375.00 for the period of July 10, 2019,
through December 31, 2019;
• November 16, 2020: $6,850.00 for the period of January 1,
2020, through September 30, 2020, and
WHEREAS, C.R.S. §30-28-124.5(1) and Weld County Code Section 23-10-40.A allows
these costs to be assessed against the property and collected as a special assessment by the
Weld County Treasurer.
WHEREAS, at a hearing before the Board held on the 23rd day of June, 2021, to consider
Certifying $6,075.00 to the Weld County Treasurer to be collected as a special assessment for
the daily violation penalties from October 1, 2020, through May 31, 2021 (a period of 243 days),
the Board deemed it advisable to continue said matter to July 7, 2021, at 9:00 a.m., to allow staff
adequate time to provide notice of said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, at said hearing held on July 7, 2021, that the Certification of $6,075.00
to the Weld County Treasurer to be collected as a special assessment for the daily violation
penalties from October 1, 2020, through May 31, 2021 (a period of 243 days), be, and hereby is,
approved.
4738322 Pages: 1 of 2 CC : PL(WI /RP/H D), CA (&K),
07/23/2021 10:49 AM R Fee:$0.00 ,rtt(RF)
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII 1��11�YI�6�I�h'Irh�'� ���l� r Y� iEytM'si1iY iI II I o7/2°I /21
2021-1765
PL0824
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT - CHARLES BENNETT AND MANUEL GALLEGOS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of July, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da
Steve Mor no, Chair
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APPR
County A ttorney
Date of signature: D7/H /2-I
4738322 Pages: 2 of 2
07/23/2021 10:49 AM R Fee:$0.00
Carly Koppee, Clerk and Reoorder, Weld County , CO
L AI III
Lori Sai
2021-1765
PL0824
ZCV17-00017 Charles Bennett & Manuel Gallegos @ 1100 Fern Ave - Case History
02/22/2017 — Initial Compliant received. Business w/out permit & Junk & camper/trailer occupancy
04/22/2019 — SPR18-0020 Conditionally Approved
07/09/2019 — Daily Penalty commenced at $25 a day
01/20/2020 — Certification to WC Treasurer as Special Assessment ($4375)
03/23/2020 — SPR18-0020 terminated
10/01/2020 — Dai►y Penalty Reminder sent ($6875)
11/01/2020 — Daily Penalty Reminder sent ($7650)
11/16/2020 — Certification to WC Treasurer as Special Assessment ($6850)
12/01/2020 — Daily Penalty Reminder sent ($1550)
01/01/2021— Daily Penalty Reminder sent ($2325)
02/01/2021— Daily Penalty Reminder sent ($3100)
03/01/2021— Daily Penalty Reminder sent ($3800)
04/01/2021— Daily Penalty Reminder sent ($4575)
05/01/2021— Daily Penalty Reminder sent ($5325)
06/01/2021— Daily Penalty Reminder sent ($6100)
06/23/2021— Certification to WC Treasure as Special Assessment
07/01/2021— Daily Penalty Reminder sent ($6850)
2021-1765
ZCV17-00017
Charles Bennett & Manuel Gallegos
1100 Fern Ave
* July 9, 2019 (daily penalty imposed)
* $25 / Daily @ 243 days = $6,075.00
* October 1, 2020 — May 31, 2021
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WELD COUNTY ATTORNEYS 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
June 23, 2021
CHARLES H. BENNETT
PO Box 902
Greeley, CO 80631
MANUEL GALLEGOS
PO Box 902
Greeley, CO 80631
Mr. Bennett and Mr. Gallegos:
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 9, 2019, the Court granted the County's Motion to Impose Daily penalties on your property located at
1100 Fern Avenue, Greeley, Colorado. The Court found that your property was in violation of the Weld County
Code and ordered you to pay daily penalties in the amount of $25.00 per day, continuing until the zoning violations
are removed. (Court Order attached). Upon information and belief, the zoning violations still exist on this
property. On January 20, 2020, the Weld County Board of County Commissioners certified penalties in the amount
of $4,375.00 for the period from July 10, 2019 through December 31, 2019. On November 16, 2020, the Weld
County Board of County Commissioners certified penalties in the amount of $6,850.00 for the period from January
1, 2020 through September 30, 2020.
At a public hearing on July 7, 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 80632. The
hearing will address the penalties for the period from October 1, 2020 through May 31, 2021. This period totals
243 days and amounts to $6,075.00. 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 S6.075.00. This lien together with liens from prior years, will have priority
over all other security interests, except for taxes. In addition to the $6,100.00, 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.
Please feel free to contact me with any questions.
Respectfully,
Gabel Kalosek
Assistant Weld County Attorney
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