HomeMy WebLinkAbout20160220.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO THE WELD COUNTY
TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT -
ROGER AND SHERYL HILL
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 Roger Lee Hill and Sheryl Kay Hill,
claiming that Defendants' property was in violation of the Weld County Code, and
WHEREAS, the County Court found the Defendants' violation property to be in of the Weld
County Code; specifically, the Defendants' property contains a noncommercial junkyard, a
commercial business without appropriate land use permits, multiple commercial vehicles, and two
cargo containers without building permits, 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 the Defendants to pay
$10.00 for each day that the property remained in violation of the Weld County Code, beginning
on October 21, 2013, and
WHEREAS, the Board of County Commissioners previously approved the certification of
$2,130.00 to the Weld County Treasurer for the daily penalties accruing period between
October 21, 2013, and May 21, 2014, and
WHEREAS, the Board of County Commissioners previously approved the certification of
$800.00 to the Weld County Treasurer for the daily penalties accruing period between May 22,
2014, and August 10, 2014, and
WHEREAS, the Board of County Commissioners previously approved the certification of
$1,310.00 to the Weld County Treasurer for the daily penalties accruing period between
August 11, 2014, and December 19, 2014, and
WHEREAS, the Board of County Commissioners previously approved the certification of
$1,380.00 to the Weld County Treasurer for the daily penalties accruing period between
December 20, 2014, and May 7, 2015, and
WHEREAS, the daily penalty assessed by the Court order between May 8, 2015, and
December 17, 2015, is $2,240.00, 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.
4180524 Pages: 1 of 4
02/12/2016 12:19 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder Weld County, CO
�IlI Eir1R17.L.,�Ir�G��'I��'�k�'��G��r�'�N��+C�N,I�I',��n'lW�r� �I II
2016-0220
e-; 14 PL0824
CONTINUE CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - ROGER AND SHERYL HILL
PAGE 2
WHEREAS, on January 18, 2016, the Board heard the testimony and reviewed all of the
evidence and deemed it advisable to continue consideration of the matter to February 29, 2016,
to allow the property owner additional time to enter into a Stipulation Agreement and work to bring
the site into compliance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the County Attorney staff is directed to stop the penalties from accruing
and work with the property owner(s) to enter into a Stipulation Agreement.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that consideration of the Certification of$2,240.00 to the Weld County Treasurer to be
collected as a special assessment for Roger and Sheryl Hill be, and hereby is, continued to
February 29, 2016.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 18th day of January, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dtarti.vtiCam( ,,�,/ /, 1( lLe�Q►• jezto K Mi a Freerpan, Chair
Weld County Clerk to the Board p
Sean P. Conway, Pro
♦ Q
D Sy Clerk to the Bo rd � � --- ,,a .e Cozad
7
1861 i' � ''Q__„ � �
AP D ORM: t -�r ��jl i Q— v.,LI`
r 7►* 1rbara Kirkmeyer
�...� •^
911t7. 7
, .1• '
Steve Moreno
Date of signature:
c'1-/5-
4180524 Pages: 2 of 4
02/12/2016 12:19 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County, CO
1111 Mid l�l�C. . � Pi:Pill:4, ' RI III
2016-0220
PL0824
WELD COUNTY ATTORNEY'S OFFICE
1861 1150 O STREET
r _ P.O. BOX 758
'�� ri '�I -r ��' '� GREELEY, CO 80632-0758
• WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
G U N T Yom. FAX: (970) 352-0242
Notice of Certification of Lien to Weld County Treasurer
Roger Lee Hill December 29, 2015
Sheryl Kay Hill
25056 County Road 76
Eaton,CO 80615
Mr. and Mrs. Hill,
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 October 23,2013,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$10.00,beginning
on October 21,2013,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 public hearing on May 21, 2014, at 9:00 a.m., the Weld County Board of County Commissioners
approved the certification of these daily penalties to the Weld County Treasurer in accordance with Weld
County Code §23-10-40.A. The Board certified the daily penalties for the period between October 21,
2013 and May 21,2014,for a total of 213 days and$2,130.00. At a public hearing on September 10,2014
the Board certified daily penalties for the period between May 22, 2014 and August 10, 2014, for a total
of 80 days,and $800.00. At a public hearing on January 19, 2015 at 9:00 a.m.,the Weld County Board of
County Commissioners approved the certification of these daily penalties to the Weld County Treasurer
in the amount of$1,310.00. At a public hearing on June 8, 2015 the Board certified $1,380.00 for the
period between December 20,2014 and May 7,2015.
At a public hearing on January 18,2016,at 9:00 a.m.,the Weld County Board of County Commissioners
will determine whether to certify the continuing daily penalties. 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 May 8, 2015 and December 17, 2015. This period totals 224 days and
$2,240.00. 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 $2,240.00. Such lien would have priority over all other security
interests, except for taxes. In addition to the $2,240.00, the Weld County Treasurer's fee may increase
the lien as permitted by law.
4180524 Pages: 3 of 4 2016-0220
02/12/2016 12:19 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder; Weld County; CO
Ell 14�1�11�11:F'��'JIB l ' �i'r4',Fa I PM IV ' II III
it
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) 353-6100
extension 3555. Please feel free to contact me with any questions.
Respectfully,
*;'t
Karin McDougal
Assistant Weld County Attorney
4180524 Pages: 4 of 4
02/12/2016 12:19 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII��?dL��r h'�•�Jar 'I��I i��M���.«J4r�� 1�i 1!I ti&ILIA Bill
Hello