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Home My WebLink About20213200.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DENA SWINGLE AND GAY GREGORY 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, Dena Swingle and Gay Gregory, 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, ZCV20-00190, and upon Weld County's motion, the County Court ordered the Defendants to pay $25.00 for each day that the property remained in violation of the Weld County Code, beginning on September 7, 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 $1,250.00 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 50 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. Cc :PLOP/Ns/6P/ND)) CA(Bc), TR Qzr), A PPL.. ►2/13/2.1 2021-3200 PL0824 DISMISS CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DENA SWINGLE AND GAY GREGORY 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: d 1 G JC,lto•ii Steve /. reno, Chair Weld County Clerk to the Board BY: Deputy Clerk to the Board APPRO IED AS Date of signature: S=,",ii, es, Pro -T erry B 1 k ike Freeman 2021-3200 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 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. ® ® • a • a Rolando 8588 Case $25 Violations: animals an electrical Property $25/day daily 21C31829; CR 21, on is x and penalties 34 site, still Fort permit noncommercial days Eloisa and in BCV20-00048/ZCV20-00023 Lupton violation + Castillo ordered electrical $25 initial to begin junkyard, work completed penalty 10/12/21 $875 too without many a • • • • • • Dave 565 Case $10 Violations: cargo Property $10/day Dunmire daily Sanger 21C30145; container is x penalties still 187 noncommercial Sr. St., days ZCV20-00093 without in Frederick order violation $50 building to initial begin junkyard, 05/12/21 permit penalty installation $1,920 of = = = ® Santos and Sonia Simental • Justin Walden • 18526 CR 8, Brighton • 4730 Kings Canyon Dr., Greeley Case 20C34848; 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: animals on site noncommercial junkyard, too many • • Violations: Property noncommercial is still in violation junkyard, derelict vehicle • Property still in violation • $25/day x 47 $1,175 is = • $30/day x 152 days $4,560 = • Dena Swingle • Consuelo Hernandez • 7435 Harold St., Ft. Lupton • 3223 CR 19, Ft. Lupton • 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 o 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 L. O8Dcf • • ® Jacquelynne 7076 Case Patrick 21C31836; Grabrian St., 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, U 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, unpermitted e 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 • $50 daily penalties ordered to begin 07/12/21 ® $25 daily penalty ordered to begin 08/04/21 • Violations: equipment, unpermitted unpermitted commercial cargo containers, vehicles unauthorized and ® Violations: coverage too for structures many animals on site, too much lot 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) • 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 Harris • 20453 CR 54, Greeley • Case 17C30784; ZCV 16-00129 • $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 Corral CR 43, 19C36287; Eaton ZCV19-00111 • • • Jesus 1705 Case Vega Cedar 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 • Violations: storage unpermitted business, derelict commercial vehicles trucking and 3+ • Last certification for this property in June e Last certification for this property in June ® Property is now in compliance; court ended daily • Property is still in violation penalties on 10/21/21. NO ACTION NECESSARY ® $50/day x 167 days $8,350 = • $20/day x 142 days $2,840 = • 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, unpermitted salvage / 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 July • Property is still in violation in • 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 3of3 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 Gay Gregory Dena Swingle 7435 Harold Street Fort Lupton, CO 80621 Ms. Gregory and Ms. Swingle: 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 September 9, 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 $25.00 per day beginning on September 7, 2021 and continuing until the zoning violation is removed from the property. (Court Order attached). The County has moved to terminated daily penalties effective October 27, 2021. At a public hearing on November 15.2021 at 9:00 a.fl . 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 September 7, 2021 through October 27, 2021. This period totals 50 days and amounts to $1,250.00. 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 51.250.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $1,250.00, 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, Ce,tx.„-k_ Bob Choate Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE Greeley, Colorado 80632 CASE Phone Number: (970) 475-2400 FILED: September 9, 2021 12:17 PM NUMBER: 2021C30649 A FOR COURT USE ONLY BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. GAY L. GREGORY and DENA SWINGLE Defendants. Case Number: 21-C-30649 Division: C ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on September 7, 2021 for a hearing. Plaintiff was represented by Assistant Weld County Attorney Bob Choate, and Defendants, Dena Swingle and Gay Gregory, appeared pro se. Testimony was heard from Bethany Pascoe, Weld County Zoning Compliance Officer, and Dena Swingle. Based upon the foregoing, this Court makes the following findings of fact and conclusions of law: 1. This Court has jurisdiction over the subject matter and the parties herein. This is an action to enforce zoning violations within the unincorporated area of Weld County pursuant to C.R.S. §30-28-124.5 and Weld County Code (WCC) §23-10-40. Defendants were properly served on February 21, 2021. Defendants consented to the Court's jurisdiction and entered into a stipulation on April 6, 2021, which was approved and ordered by the Court on April 12, 2021. The Court takes judicial notice of the stipulation. 2. Defendants own and occupy the property located 7435 Harold Street, Fort Lupton, Colorado, 80621, in unincorporated Weld County (the "Property"). The Property is zoned (A) Agricultural. The primary use on the Property is the single family home, which is allowed by WCC 3. As relevant here, certain accessory uses are also permissible on the Property, including storage within one cargo container, with an appropriate building permit, per WCC § §23-3-50.B and 23-4-1100, and a noncommercial junkyard, if screened from public rights -of -way and adjacent properties in accordance with WCC §23-3-50.C. 4. By stipulation, Defendants agreed that the Property was in violation of the Weld County Zoning Code due to the presence of the derelict vehicles and noncommercial junkyard without appropriate screening, as well as a cargo container without an appropriate building permit. 5. The Court finds that the property is still being used in violation of the Weld County Zoning Code, and further that the defendants have materially breached the stipulation. By stipulation, the defendants agreed to screen or remove the noncommercial junkyard, remove the trash, and either remove the cargo container or apply for a building permit for it. Ms. Pascoe has inspected the property on multiple occasions, including most recently on September 1, 2021. As detailed by the testimony of Ms. Pascoe, and as depicted in the photographs admitted into evidence as Exhibits A through J, and generally agreed to by Ms. Swingle, the Property still contains trash, scrap wood, scrap metal, junk debris including tables, chairs, a derelict truck, derelict trailer, and a cargo container. In addition, defendants have not yet applied for a building permit for the cargo container. 6. The Defendants agreed to remedy the violations on the property as set forth in the stipulation, but have failed to do so. Defendants have made significant progress towards correcting the violations, but many items remain outstanding. The Court finds that Plaintiff has proven by a preponderance of evidence that the property is in violation of the Weld County Code arid that the defendants have materially breached the stipulation. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED: 7. A $25.00 per day penalty is ordered due to the continued violation, as stipulated by the parties. The penalty will begin on September 7, 2021 and will continued until further order of this Court. SO ORDE September 9, 2021 Randall C. Lococo Date Weld County Court Magistrate Hello