The URL can be used to link to this page

Browse Search

Home My WebLink About20213212.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; • July 7, 2021: $6,075.00 for the period of October 1, 2020, through May 31, 2021, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $4,175.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from June 1, 2021, through November 15, 2021 (a period of 167 days), be, and hereby is, approved. 4780417 Pages: 1 of 2 11/30/2021 10:31 anld Reooee:S0.00 County CO Carly Koppes, 11I CC ; C A(.13c),TR(R1), POT/ wL/BP/HU, A PPL.. 1;2/IH/a 2021-3212 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 15th day of November, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddritok) •�C 1�D%� Steve Moreno, Chair Weld County Clerk to the Board Sces, Pro-Te ike Freeman Date of signature: 4780417 Pages: 2 of 2 11/30/2021 10ierk alnd Reooerde$0.00 We d County CC ,IIII Carly Kcppes,16 2021-3212 PL0824 TO: FROM: DATE: SUBJECT: Board of County Commissioners Bob Choate, Assistant County Attorney November 15, 2021 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. 0 e • • • • • Rolando 8588 Case $25 Violations: animals an electrical Property $25/day daily CR 21C31829; and 21, penalties on is x 34 site, still permit Eloisa and BCV20-00048/ZCV20-00023 Lupton violation ordered electrical + $25 Castillo initial to begin junkyard, work penalty 10/12/21 completed $875 too without many • • • • • • • Dave 565 Case $10 Violations: cargo Property $10/day daily Sanger Dunmire 21C30145; container is x penalties 187 still noncommercial St., Sr. days Frederick ZCV20-00093 without in order violation = $50 to building initial begin junkyard, 05/12/21 permit penalty installation $1,920 of Fort noncommercial days in = = • 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 noncommercial on site junkyard, too many • • Violations: Property noncommercial is still in violation junkyard, derelict vehicle ® Property is still in violation • $25/day x 47 $1,175 = • $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 1 of 3 PLO&29 • Jacquelynne • 7076 • Case Patrick 21C31836; Grabrian St., Ft. ZCV20-00278 Lupton / Justin and Cynthia Sanger • • • Jesus 15979 Case 21C33090; Salas Nancy and Ave., Tiffany ZCV21-00001 Ft. Lupton Brown • $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, ® 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 • 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 Mores • 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: 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) • Case 17C37227; BCV16-00012; $10 daily penalty began 05/07/17; Violations: structures within the setback without building permits • Case 19C32661; ZCV 18-00258; $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; ZCV16-00129 • $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 • X20/day x 167 days = $3,340 Page 2of3 ® • a 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 in June • Last certification for this property in June 0 Property is now in compliance; court ended daily • Property is still in violation • penalties $20/day on x 142 10/21/2]. days NO $2,840 ACTION NECESSARY • S50/day x 167 days $8,350 = = e 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: noncommercial Camper/RV 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, Frederick • 1708 CR 32, Platteville • Case 20C30918; ZCV 19-00192 • Case 20C32497; ZCV19-00290 • $25 daily penalties ordered to begin 10/22/20 • S50 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 $50/day is x 167 still days in violation $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 Charles Bennett Manuel Gallegos 1100 Fern Avenue 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 23, 2019, the Court granted the County's Motion for 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 July 9, 2019, 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.n1. 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 June 1, 2021 through November 15, 2021. This period totals 167 days and amounts to $4,175.00. 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 54.175.00~ Such lien will have priority over all other security interests, except for taxes. In addition to the $4,175.00, 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. 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 23, 2019 5:08 PM CASE NUMBER: 2017C36110 A FOR COURT USE ONLY BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. CHARLES BENNETT, Defendant. Case Number: 17-C-36110 Division: C ORDER FOR THE IMPOSITION OF DAILY PENALTIES This matter came before the Court for a hearing on July 9, 2019. The Plaintiff appeared by and through Robin Cochran, Assistant County Attorney of Weld County. The Defendant Charles Bennett appeared and was represented by Warren Schaeffer, attorney at law. The Board of County Commissioners of Weld County requested that a daily penalty of $25.00 be imposed on property owned by Charles Bennett, Defendant herein. The County alleged that Defendant failed to correct violations of the Weld County Code Chapter 23, including that he failed to remove tires stored on the property on or before February 22, 2019, that he failed to remove all but twelve derelict vehicles from the property, and that he failed to completely screen any remaining vehicles from all adjacent properties and public rights -of -ways on or before June 12, 2019, in violation of an Agreement and Order signed December 3, 2018. The Court having reviewed the file, having heard the testimony of the witnesses and examined the exhibits, and being otherwise familiar with the record hereby, FINDS, by a preponderance of the evidence: 1. That the parties voluntarily entered into an Amended Motion, Stipulation, and Order dated December 3, 2018, which Order was signed by this Court regarding Defendant's property located at 1100 Fern Ave, Greeley Colorado, also known as: 12397 N2NW4N4 11 5 66 ALSO THT PT NE4NW4 LYING N C/L CACHE LA POUDRE RIVER 7 W OF C/L SAND CREEK. 2. That Defendant has failed to remove the tires and to screen all vehicles as required by Court Order. 3. That a violation of a regulation or zoning provision of the Weld County Code has occurred; AND 4. That such violation has not been removed or abated as of the date of this Order. And ORDERS: Defendant shall pay a daily penalty of $25.00, from July 9, 2019 until such time as the violation is removed or abated. Defendant has the duty to arrange an inspection of the property by Plaintiff. Upon inspection, if the violation has been removed or abated, Plaintiff shall file notice of such with the Court with a request to vacate further daily penalties and dismiss the case. So Ordered: July 23, 2019 RANDALL C. LOCOCO County Court Magistrate Hello