The URL can be used to link to this page

Browse Search

Home My WebLink About20183464.tiff RESOLUTION RE: RESCIND CERTIFICATION OF WEED ENFORCEMENT LIEN, DATED OCTOBER 31, 2018 - JAIME PALMA 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, on October 31, 2018, pursuant to Section 15-2-70 of the Weld County Code, the Board approved the Certification of a Weed Enforcement Lien, in the amount of $564.00, for weed enforcement work performed by the Vegetation Management Specialist on property owned by Jaime Palma, 1550 W. Dakota Avenue, Denver, CO 80223, and further described as Parcel #148132200013, located in Section 32, Township 1 North, Range 61 West of the 6th P.M., Weld County, Colorado, and WHEREAS, the Board has been presented with evidence that the property owned by Jaime Palma was sold to Jovan Amaya on October 4, 2018, and WHEREAS, after review, the Board deems it advisable to rescind the Certification of Weed Enforcement Lien assessed against the property described above, with direction to staff to provide certified notice to the new property owner and afford them the opportunity to pay the billing invoice. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Certification of Weed Enforcement Lien assessed against the property described above, be, and hereby is, rescinded, with direction to staff to provide certified notice to the new property owner and afford them the opportunity to pay the billing invoice. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of November, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD,COUNTY, COLORADO ATTEST: tt��( �,` ' �-s`�' �% i� c.� Steve Moreno, Chair Weld County Clerk to the Board gAIOAA— rbara Kirkmeye , Pro-Tem BY Deputy Cle to d&rzi the Boar•14: can P. •onway APPROVED AS TQ R 11861 O >Llkul / ""ulie . Cozad ounty Attorney ` oow� e aftpoll, Mike Freeman Date of signature: 12/3/18 cc:PcwcrBfcHism), CQ c6CIFH) I i i a/1 S" 2018-3464 EG0025 Esther Gesick From: Bruce Barker Sent: Friday, November 2, 2018 5:07 PM To: Commissioners Cc: CTB; Tina Booton; Curtis Hall; Bob Choate; Frank Haug Subject: FW: Weed Enforcement Lien Attachments: Weed Enforcement Reso - Palma - 10-31-18.pdf; Sec._15_2_70. _Failure_to_pay_assessment..doc; 35-55-109 Private lands--management of noxious weeds--charges.rtf Follow Up Flag: Follow up Due By: Monday, November 5, 2018 8:00 AM Flag Status: Flagged See the below email from Tina. This involves the weed enforcement lien put on Parcel #148132200013 by the BOCC on October 31, 2018. Information has come to light that there is a new property owner who was not notified of the BOCC hearing. Technically, the lien is against the property, not the owner. In essence it is "in rem," meaning it is not personal against the owner of the property, but rather, against the property itself. The applicable statute, CRS 35-5.5-109(5)(a), does not require notification of the landowner of the BOCC hearing to impose the lien. Nevertheless, Tina and her predecessors have always notified the landowner. I think that is good practice. The lien is$564.00. The new owner was not notified of the BOCC hearing on October 31St. The Resolution is on Monday's (11/5) Consent Agenda. I recommend pulling it off the Consent Agenda and then the BOCC consider rescinding it so we may then notify the new owner of the bill and give him or her the opportunity to pay it. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 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:Tina Booton Sent: Friday, November 02, 2018 4:37 PM To: Bruce Barker<bbarker@weldgov.com> 1 iota, EC�OOo�5 Cc: Esther Gesick<egesick@weldgov corn>, Curtis Hall <chall@weldgov corn> Subject. Re Weed Enforcement Lien Bruce, the assessor records indicate that the property owned by Jaime Palma was sold to Jovan Amaya on October 4th Which took several weeks to reflect in the system for us to catch it The deed type is WD Please let me know if you need anything else Sent from Tina Booton 2 Sec . 15 - 2 - 70 . - Failure to pay assessment . Any assessment which is not paid within thirty-three ( 33 ) days after the date of mailing by certified mail to the landowner or occupant of the private land upon which the authorized agent has performed enforcement work shall constitute a lien against each lot or tract of land until paid and may be certified by resolution of the Board of County Commissioners to the County Treasurer, to be collected in the same manner as provided for collection of taxes upon private land in accordance with Section 35-5 . 5- 109 ( 5 ) ( a ) , C . R . S . ( Weld County Code Ordinance 2004-9 ) § 35-5.5-109 . Private lands--management of noxious. . . , CO ST § 35-5.5-109 West's Colorado Revised Statutes Annotated Title 35. Agriculture Pest and Weed Control Article 5.5. Colorado Noxious Weed Act C. R.S.A. § 35-5.5- 109 § 35-5.5- 109 . Private lands--management of noxious weeds--charges Currentness ( 1 ) The local governing body, through its delegates, agents, and employees, shall have the right to enter upon any premises, lands, or places, whether public or private, during reasonable business hours for the purpose of inspecting for the existence of noxious weed infestations, when at least one of the following circumstances has occurred: (a) The landowner or occupant has requested an inspection ; (b) A neighboring landowner or occupant has reported a suspected noxious weed infestation and requested an inspection ; or (c) An authorized agent of the local government has made a visual observation from a public right-of-way or area and has reason to believe that a noxious weed infestation exists. (2 )(a) No entry upon any premises, lands, or places shall be permitted until the landowner or occupant has been notified by certified mail that such inspection is pending. Where possible, inspections shall be scheduled and conducted with the concurrence of the landowner or occupant. (b) If after receiving notice that an inspection is pending the landowner or occupant denies access to the inspector of the local governing body, the inspector may seek an inspection warrant issued by a municipal, county, or district court having jurisdiction over the land. The court shall issue an inspection warrant upon presentation by the local governing body, through its agent or employee, of an affidavit stating: The information which gives the inspector reasonable cause to believe that any provision of this article is being or has been violated; that the occupant or landowner has denied access to the inspector; and a general description of the location of the affected land. No landowner or occupant shall deny access to such land when presented with an inspection warrant. (3 ) The local governing body of the county or municipality having jurisdiction over private lands upon which noxious weeds are found shall have the authority, acting directly or indirectly through its agent or staff, to notify the landowner or occupant of such lands, advising the landowner or occupant of the presence of noxious weeds. Said notice shall name the noxious WESTLAW © 2018 Thomson Reuters . No claim to original U . S . Government Works . 1 § 35-5.5-109. Private lands--management of noxious . . . , CO ST § 35-5. 5-109 weeds, advise the landowner or occupant to manage the noxious weeds, and specify the best available control methods of integrated management. Where possible, the local governing body shall consult with the affected landowner or occupant in the development of a plan for the management of noxious weeds on the premises or lands. (4)(a) Within a reasonable time after receipt of notification, which at no time shall exceed ten days, the landowner or occupant shall either: ( I ) Comply with the terms of the notification ; ( II ) Acknowledge the terms of the notification and submit an acceptable plan and schedule for the completion of the plan for compliance; or ( III ) Request an arbitration panel to determine the final management plan. (b) The arbitration panel selected by the local governing body shall be comprised of a weed management specialist or weed scientist, a landowner of similar land in the same county, and a third panel member chosen by agreement of the first two panel members. The landowner or occupant shall be entitled to challenge any one member of the panel, and the local governing body shall name a new panel member from the same category. The decision of the arbitration panel shall be final . (5 )(a) In the event the landowner or occupant fails to comply with the notice to manage the identified noxious weeds or implement the plan developed by the arbitration panel, the local governing body has the authority to: ( I) Provide for and compel the management of such noxious weeds at such time, upon such notice, and in such manner as the local governing body shall prescribe by ordinance or resolution ; and ( II ) Assess the whole cost thereof, including up to twenty percent for inspection and other incidental costs in connection therewith, upon the lot or tract of land where the noxious weeds are located; except that no local governing body shall levy a tax lien against land it administers as part of a public right-of-way . Such assessment shall be a lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. Such assessment may be certified to the county treasurer of the county in which the property is located and collected and paid over in the same manner as provided for the collection of taxes. Any funds collected pursuant to this section shall be deposited in the local governing body ' s weed fund or any similar fund. (b) No local governing body shall provide for or compel the management of noxious weeds on private property pursuant to this subsection (5 ) without first applying the same or greater management measures to any land or rights-of-way owned or administered by the local governing body that are adjacent to the private property. WESTLAW © 2018 Thomson Reuters . No claim to original U . S . Government Works . 2 § 35-5.5-109. Private lands--management of noxious. . . , CO ST § 35-5. 5-109 (c) No local governing body shall assess the cost of providing for or compelling the management of noxious weeds on private property until the level of management called for in the notice or the management plan developed by the arbitration panel has been successfully achieved. (6) The local governing body, through its delegates, agents, and employees, shall have the right to enter upon any premises, lands, or places, whether public or private, during reasonable business hours for the purpose of ensuring compliance with the requirements of this article concerning noxious weed management and any other local requirements. (7) No agent, employee, or delegate of a local governing body shall have a civil cause of action against a landowner or occupant for personal injury or property damage incurred while on public or private land for purposes consistent with this article except when such damages were willfully or deliberately caused by the landowner. Credits Added by Laws 1990, H . B .90- 1175 , § 1 , eff. July 1 , 1990. Amended by Laws 1996, H . B .96- 1008, § 11 , eff. May 23 , 1996. C . R. S. A . § 35-5 . 5- 109, CO ST § 35 -5 . 5 - 109 Current through the end of the Second Regular Session of the 71st General Assembly (2018) End of Document © 2018 Thomson Reuters. No claim to original U .S. Government Works. WESTLAW © 2018 Thomson Reuters No claim to original U . S . Government Works . 3 RESOLUTION / RE : APPROVE CERTIFICATION OF WE D ENFORCEMENT LIEN - JAIME PALMA WHEREAS , the rd of Count ommissioners of Weld County , Colorado , pursuant to Colorado statute and the two my Home Rule Charter, is vested with the authority of administering the affairs of W Id County , Colorado , and WHEREAS , pursua 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 ' to a lien against each lot or tract of land until paid , and WHEREAS , ,, e Ve etation Management Specialist performed weed enforcement work on property owned by Jaime Palma , 1550 VtLDakota Avenue , Denver, CO 80223 , and further described as Parcel # 148132200013 , locates in ction 32 , Township 1 North , Range 61 West of the 6th P . M . , Weld County , Colorado , and \ WHEREAS , a Billing Invoice was sent y Certified Return Receipt mail on October 17 , 2018 , in the amount of $564 . 00 , and evidence f delivery and receipt was not received , to date , said Billing Invoice has not been paid ,' nd f WHEREAS , after review , the Board ems it advisable to cey a lien against the property , described as Parcel # 148132200013 , in the amount of $ 564 . 00 . \ v., 4 NOW, THEREFORE , BE IT RESOLVED by the Bard of County Commissioners of Weld County , Colorado , that a lien against the property , deribed as Pa el # 148132200013 , in the amount of $ 564 . 00 , be , and hereby is , certified , pursuant to Secti 15-2-70 of the Weld County Code , because of failure to pay within 33 days of the completipa=af weed enforcement work . BE IT FURTHER RESOLVED by the Board that the Weld ounty Treasurer be , and hereby is , authorized to place said lien against each lot or tract of la. d under the parcel numbers described above , in accordance with C . R . S . § 35-5 . 5- 109 ( 5 ) ( a ) , until such lien is paid in full . 2018- 3464 EG0025 CERTIFICATION OF WEED ENFORCEMENT LIEN — JAIME PALMA PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of October, A D , 2018 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST Steve Moreno, Chair Weld County Clerk to the Board Barbara Kirkmeyer, Pro-Tem BY Deputy Clerk to the Board Sean P Conway APPROVED AS TO FORM Julie A Cozad County Attorney Mike Freeman Date of signature 2018-3464 EG0025 v_ '1 ��' I M_hMORANDUM Ct3U T TO: Clerk to the Board DATE: October 25,2018 FROM: Tina Booton,Public Work 4 Jay McDonald,Director of Public Works SUBJECT: Agenda Item 1 The following landowner has failed to pay their enforcement bill. A letter was mailed to the landowner on October 17 regular mail notifying them that a lien was being requested at the Wednesday, October 31 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 bill 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 is $564.00 for the property owner Jaime Palma 1550 W Dakota Ave Denver,CO 80223-1904;Parcel#148132200013,Section 32,Township 1 North,Range 61 West in the 6thP.M., Weld County,Colorado. Please add this item to the agenda for Wednesday, October 31,2018. 2018-3464 PUBLIC WORKS DEPARTMENT -1, 1fitLOP 1111H STREET PO BOX 758 GREELEY, CO 80632 s� a PHONE(970)304-6496, Ext 3750 FAX (970)304-6497 WEBSITE www co weld co us October 17, 2018 JAIME PALMA 1550 W DAKOTA AVE DENVER CO 80223-1904 Dear Jaime Palma, On Wednesday, October 31 at a Board of County Commissioners hearing I will be requesting a lien placed on your property for the mowing enforcement that was used to address the noxious weed, Canada thistle,on July 10,2018 The total bill is for$564 00. The property where the mowing enforcement took place is identified as parcel #148132200013, Section 32, Township 1 North, Range 61 West in the 6th P M, Weld County, Colorado The meeting will start at 9 am at 1150 O Street, Greeley CO 80631 If you wish to speak with me prior to this time and make other arrangements for paying the bill, I can be reached at 970-400-3770 or tbooton�7a weldgov.com Sincerely, Tina Booton Weed Division Supervisor _ _ 'eowviaa.:m�avnm ifs— ..r.-...nrv� _.�.s��_r_•_n._..w ..:.^ww+'NMWV� _ . • U . S. Postal Service" CERTIFIED MAIL' - RECEIPT ,,D Domestic Mall Only uiFor delivery information, visit our website at www.usps.coma. INVOICE iu p WELD 0 m -�- Certified Mall Fee _-- --- - Number: S0055934 Date : 08/20/18 g Extra Services &Fees (check box, addIn ai qaproprootej Q i %Kelps (hardcopy) $ o ❑ Return Receipt (electronic) $ __.. . Postmark 97, Q ❑ Certtf}ed Masi Restrtctea oeltvery $ Here ❑Adult Sig nature Required $ C1 DWI" Signature Restricted Delivery $ Postage otai postage and Fees 1550 W DAKOTA AVE o j DENVER, CO 80223 - 1904 �n O 'iwe Palma fir _ . . .._. �... .. or Paz Flo O W Dakota Ave CO 80223- 1904 PS Form 3800, April 2015 PSN 7530.02-000-9047 See Reverse for Instructions QTY DESCRIPTION UNIT PRICE TOTAL Enforcement Mowing $ 470 . 00 20% Administrative Fee S 94 .00 TOTAL DUE $ 564.00 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 # 148132200013, SECTION 32 , TOWNSHIP 1 NORTH, RANGE 61 WEST OF THE 6TH P.M. IF THIS INVOICE IS NOT PAID WITHIN 30 DAYS; IT WILL RE GIVEN TO THE WELD COUNTY ASSESSOR 'S OFFICE AND THEREAFTER TRANSMITTED TO THE WELD COUNTY TREASURER'S OFFICE TO BE COLLECTED AS A LIEN AGAINST THE ENTIRE CONTiGUOUS TRACT OR PARCEL OF LAND PURSUANT TO THE PROVISIONS OF SECTION 3S-5.$ I 09(50), CAS Hello