HomeMy WebLinkAbout20211764.tiffRESOLUTION
RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - GRACIELA QUINONEZ AND
VERONICA GUTIERREZ
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 Graciela Quinonez and
Veronica Gutierrez, 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 Building Permit Violation, BCV16-00012, and upon Weld
County's motion, the County Court ordered Defendants to pay $10.00 per day that the property
remained in violation of the Weld County Code, beginning on April 9, 2018, and
WHEREAS, the Defendants failed to bring the property into compliance with the
Weld County Code in relation to Zoning Compliance Violation, ZCV18-00258, and upon Weld
County's motion, the County Court ordered Defendants to pay $10.00 per day that the property
remained in violation of the Weld County Code, beginning on September 16, 2019, and
WHEREAS, on the following dates, the Weld County Board of Commissioners certified
daily penalties for the following amounts:
• June 19, 2019: $3,340.00 for the period of July 2, 2018,
through May 31,2019;
• January 20, 2020: $3,200.00 for the period of June 1, 2019,
through December 31, 2019, for BCV16-00012, and for the
period of September 16, 2019, through December 31, 2019,
for ZCV18-00258;
• November 16, 2020: $5,480.00 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, a hearing before the Board was held on the 23rd day of June, 2021, to
consider Certifying $4,860.00 total for BCV16-00012 and ZCV18-00258 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), at which time 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.
4738521 Pages: 1 of 2
07/23/2021 10:49 AM R Fee:$0.00
Carly Koppas, Clerk and R•oord•r, Wald County , CO
VIII NU��RIY4�bh�� Ia+��'Vi �'i�l �l �4il��� �14'h'�i� Wrrh 11111
cc: pj.,(ii/gv/HD),
TR(,ZF), Ma')
)
O7/29 / L
2021-1764
PL0824
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT - GRACIELA QUINONEZ AND VERONICA GUITIERREZ
PAGE 2
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 $4,860.00
total for BCV16-00012 and ZCV18-00258 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.
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: didiet)G.dlo;&k.
Weld County Clerk to the Board
County Attorney
Date of signature: 07/14/at
4738521 Pages: 2 of 2
07/23/2021 10:49 AM R Fee:$0.00
Carly Kopp.a, Clerk and Reoorder, Weld County , CO
VIII 1���4Y4EGi�l'I%h R�F if��Jry�h�1����i�u�� Yoh 1I 111
Steve Mgreno, Chair
2021-1764
PL0824
ZCV18-00258 Graciela Quinonez & Veronica Gutierrez @ 1012 E 16 St — Case History
11/18/2018 Initial Complaint Received. Noncommercial Junkyard (Derelict Vehicles, pallets,trash)
09/16/2019 Daily Penalty Commenced at $10 a day
11/01/2019 Daily Penalty Reminder sent ($460)
11/13/2019 Complaint received
12/01/2019 Daily Penalty Reminder sent ($760)
01/01/2020 Daily Penalty Reminder sent ($1070)
01/09/2020 Complaint receivec
01/20/2020 Certification to WCTreasurer as Special Assessment [09/16/2019 -12/31/2019]
02/03/2020 Daily Penalty Reminder sent ($320)
03/02/2020 Daily Penalty Reminder sent ($610)
03/11/2020 Complaint received. Fighting roosters referred to ACO
04/01/2020 Daily Penalty Reminder sent ($920)
05/01/2020 Daily Penalty Reminder sent ($1220)
06/01/2020 Daily Penalty Reminder sent ($1530)
07/16/2020 Daily Penalty Reminder sent ($1970)
08/01/2020 Daily Penalty Reminder sent ($2130)
09/01/2020 Daily Penalty Reminder sent ($2440)
10/01/2020 Daily Penalty Reminder sent ($2740)
11/03/2020 Daily Penalty Reminder sent ($3050)
11/16/20 Certification to WC Treasurer as Special Assessment [01/01/2020 - 09/30/2020]
12/02/2020 Daily Penalty Reminder sent ($610)
12/30/2020 Daily Penalty Reminder sent ($920)
02/01/2021 Daily Penalty Reminder sent ($1230)
03/01/2021 Daily Penalty Reminder sent ($1510)
04/01/2021 Daily Penalty Reminder sent ($1820)
04/06/2021 Complaint received
05/01/2021 Daily Penalty Reminder sent ($2120)
06/01/2021 Daily Penalty Reminder sent ($2430)
06/02/2021 Complaint received. Failing septic referred to Environmental Health
06/16/2021 Complaint received. Excavation company operating from site
06/23/2021 Certification to WC Treasurer as Special Assessment [10/01/2020 - 05/31/2021]
2021-1764
BCV16-OOO12 GRACIELA QUINONEZ & VERONICA GUTIERREZ @ 1012 E 16T" ST, GREELEY
CASE HISTORY:
12/29/16 - Case Initiated - Ag structures built w/out a permit and exceeding the allowed 4% lot area
5/7/18 - Motion and Order Signed by the magistrate - Daily penalty commenced at $10 per day
2/19/19 Daily Penalty letter mailed $2,870
6/6/19 Daily Penalty letter mailed $3,940
6/19/19 Certification bate with BOCC
7/3/19 Daily Penalty Letter mailed = $320
8/6/19 Daily Penalty Letter mailed = $660
9/18/19 Daily Penalty Letter mailed - 1,090
10017/19 Daily Penalty Letter mailed - $1380
11/01/19 Daily Penalty Letter mailed - $1530
12/4/19 Daily Penalty Letter mailed - $1860
01/02/20 Daily Penalty Letter mailed - $2,150
01/20/20 Certification bate with BOCC
2/4/20 Daily Penalty Letter mailed - $130
3/2/20 Daily Penalty Letter mailed - $410
4/9/20 Daily Penalty Letter mailed - $790
5/5/20 Daily Penalty Letter mailed - $1050
6/4/20 Daily Penalty Letter mailed - $1,350
7/1/20 Daily Penalty Letter mailed - $1,620
8/4/20 Daily Penalty Letter mailed - $1,960
9/1/20 Daily Penalty Letter mailed - $2,240
10/1/20 Daily Penalty letter mailed - $2,540
11/2/20 Daily Penalty Letter mailed - $2,860
11/16/20 Certification bate with r3OCC
12/1/20 Daily Penalty Letter mailed - $150
1/04/21 Daily Penalty Letter mailed - $490
2/1/21 Daily Penalty Letter mailed - $770
3/1/21, Daily Penalty Letter mailed - $1,050
4/2/21 Daily Penalty Letter mailed - 1,370
5/5/21 Daily Penalty Letter mailed - $1,700
6/2/21 Daily Penalty Letter mailed - $1,980
6/23/21 Certification bate with &OGC
BCV16-OOO12 / ZCV18-00258
Graciela Quinonez and Veronica Gutierrez
1012 E 16th St
BCV16-00012
* April 09, 2018 (daily penalty imposed)
* $10 / Daily @ 243 days = $2430.00
* October 1, 2020 — May 31, 2021
ZCV18-00258
* September 16, 2019 (daily penalty imposed)
* $10 / Daily @ 243 days = $2430.00
* October 1, 2020 — May 31, 2021
Combined Total $4860.00
PM" WELD COUNTY Quinonez/Gutierrez BCV16-00012 - Site
air ONLINE MAPPING
ING
This map is a user generated static output from an Internet mapping site and is for
reference only Data layers that appear on this map may or may not be accurate:
current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
This map is a user generated static output from an Internet mapping site and is for
reference only Data layers that appear on this map may or may not be accurate,.
current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
PPP WELD COUNTY Quinonez/Gutierrez ZCV18-0025 - Zoomed
ONLINE MAPPING f' � .'v G
Mi.:, rn3c' : a .cre' ygr.?-te:, su c 0. t z from an in:erret nap 1ny
!Oen. prlty. Data :3y"=r: t'13' 3.?ce3r ry` tniZ riet.ip may or r 13:d PDC'it 3c:..r3tt9
.L."e►nt or t►er.v :e rekaCie
Parcels
Floodplain - 50O Year
Floodplain - 100 Year Zone A
Floodplain - 10O Year Floodwa
Floodplain - 1O0 Year Zone AE
Floodplain - 10O Year Zone Ai-
Floodplain - 10O Year Zone AC
Highway
County Boundary
r WELD COUNTY � - BCV16-OOO12 7
(.ELD MAPPING
Quinonez/Gutter rez BCV 16-00012 - Area
This map is a user generated static output from an Internet mapping site and is for
reference only Data layers that appear on this map may or may not be accurate,
current or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
• a
. voilT1 111,1
•., r .,.... . ; G
•
•i
•
-
ti•
.1
a --' oat +
Yaft'•i V c'
•L
r:" .r
y J
a-• .4.•••4;...A.574":•
4. , _et '
F y
TM 7 mow• �!
perAir
. _ ��'�_••1; sikkAit
WELD COUNTY ATTORNEYS OFFICE
1150 0 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
Graciela Quinonez & Veronica Gutierrez
1012 E. 16th Street
Greeley, CO 80631
Dear Ms. Quinonez and Ms. Gutierrez,
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 located at BLK 1 AKA L3-4 BLK 1 Mc
Donald Sub, 1012 E. 16th Street, Greeley Weld County, Colorado to be in violation of the Weld County Code.
On May 7, 2018 the Court granted the County's Motion for Daily Penalties of $10.00 a day in 17C37227. The Court
found that your property was in violation of the Weld County Code and ordered you to pay a daily penalty of
$10.00 per day, beginning on May 8, 2018 as well as the penalties that had already accrued, and continuing until
the building violation is removed from the property. (Court Order attached). On September 16, 2019, the Court
granted the County's Motion for Daily Penalties of $10.00 per day in 19C32661. Upon information and belief, the
zoning and building code violations still exist on your property. On June 19, 2019, the Weld County Board of
County Commissioners certified penalties in the amount of $3,340.00 for the period July 2, 2018 through May 31,
2019. On January 20, 2020, the Weld County Board of County Commissioners certified penalties in the amount
of $3,200.00 for the period June 1, 2019 through December 31, 2019 (BCV16-00012) and September 16, 2019
through December 31, 2019 (ZCV18-00258). On November 16, 2020, the Weld County Board of County
Commissioners certified penalties in the amount of $5,480.00 for the period 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. The hearing will be held at the Weld
County Administration Building at 1150 0 Street, Greeley, CO 80632. The hearing will address the penalties for
the period October 1, 2020 through May 31, 2021 for the building code violation (17C37227) and the zoning
violation (19C32661). This period totals 243 days for a total of $4,860.00 ($2,430 + $2,430) for the building code
and zoning violations. 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 $4,860.00. Such lien would have priority over all other security interests,
except for taxes. In addition to the $4,860.00, 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 Tonya Johnson at (970) 400-3529 or Hannah Dutrow at
(970) 400-3536. Please feel free to contact me with any questions.
Respectfully,
Gabriel Kalousek
Assistant Weld County Attorney
Hello