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HomeMy WebLinkAbout20182532.tiffRESOLUTION RE: CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CHRISTINA ELAM AND DONALD HARRIS 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 the Defendants', Christina Elam and Donald Harris, 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, and upon Weld County's motion, the County Court ordered Defendant to pay $10.00 per day that the property remained in violation of the Weld County Code, beginning on September 26, 2017, and WHEREAS, C.R.S. §30-28-124.5(1) and Section 23-10-40.A, of the Weld County Code, allow these costs to be assessed against the property and collected as a Special Assessment by the Treasurer. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, hereby approves the Certification of $3,620.00 to the Weld County Treasurer to be collected as a Special Assessment for the daily violation penalties from January 1, 2018, through July 1, 2018. 4431343 Pages: 1 of 2 08/17/2018 10:42 AM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County, III! frP.r14vZ SRI 'I ���4Lf �i;:l�Iwli l�r�l fif' h iI II cc•caCPCR-r), zoCeP/TP), TRCRF), c-PPL qi QCoII 2018-2532 PL0824 RE: CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - CHRISTINA ELAM AND DONALD HARRIS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of August, A.D., 2018. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: daticoi Weld County Clerk to the Board BY: Deputy/Clerk to the Board APPROVED AS TO FORM: Asst. County Attorney Date of signature: g'af /S 4431343 Pages: 2 of 2 09/17/2018 10:42 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 St e Moreno, Chair Barbara Kirkme -r Pro -Tern s � Sean P. Cpnway Cozad eeman (AYE) (NAY) (AYE) (AYE) 2018-2532 PL0824 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 July 27, 2018 CHRISTINA ELAM DONALD HARRIS 20453 WCR 54 GREELEY CO 80631 Ms. Elam and Mr. Harris: 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 August 7, 2017, the Court granted the County's Motion to Impose Daily penalties on your property located at 20453 Weld Country Road 54, 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 $20.00 per day, continuing until the zoning violations are removed. (Court Order attached). Upon information and belief, the zoning violations still exists on this property. At a public hearing on Aueust8, 2018, 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 "O" Street, Greeley, CO 80632. The hearing will address the penalties for the period between January 1, 2018 and July 1, 2018. This period totals 181 days and $3,620.00. 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 53,620.00. Such lien would have priority over all other security interests, except for taxes. In addition to the $3,620.00, 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, arin McDougal 2018-2532 Assistant Weld County Attorney COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Colorado 80632 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF TIIE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v, CI{.RISTINA KAY ELAM and DONALD LEE HARRIS, Defendants. ❑ FOR COURT USE ONLY ❑ Case Number: 17-C-30784 Division: C Karin McDougal, #48541, Assistant County Attorney 1150 'O' Street, P.O. Box 758, Greeley, CO 80632 Phone (970) 400-7235; Fax (970) 352-0242 Email kmcdougaltcrwcldg!y.coln NOTICE OF DAILY PENALTIES YOU ARE HEREBY NOTIFIED that at a review of stipulation hearing which was held on Monday, August 7, 2017, it was ordered by Magistrate Mark Gonzales that a daily penalty fine of $20.00 per day is to commence on August 7, 2017. DATED this 8`h day of August, 2017. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO BRUCE T. BARKER WELD COUNTY ATTORNEY 1 ARIN MCDOUG #48541 Assistant Weld County Attorney CERTIFICATE OF MAILING I certify that on the 8th day of August, 2017, a true copy of this NOTICE OF DAILY PENALTIES was mailed to: Christina Elam 20453 WCR 54 Greeley, CO 80631 DATED this 8th day of August 2017. 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