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Home My WebLink About20162216.tiffRESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - RICHARD PIERRO AND TIM FREI 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 Richard Pierro and Tim Frei claiming that Defendant Richard Pierro's property (Parcel #131311400079) was in violation of the Weld County Code, and WHEREAS, Defendant Tim Frei is the tenant on the property and is in violation of the Weld County Code, by having a non-commercial junkyard and derelict vehicles on the property, and WHEREAS, on November 3, 2014, Defendant Frei entered into a stipulation with the County agreeing to bring the property into compliance with the Weld County Code and a review hearing was set for February 2, 2015, in County Court, and WHEREAS, on February 2, 2015, the property was still not in compliance with the Weld County Code, the Court set a hearing for March 30, 2015, and WHEREAS, on March 30, 2015, the property still being out of compliance, the County Court granted a daily penalty at $20.00, but stayed the imposition of the penalty until June 1, 2015, and WHEREAS, on June 1, 2015, Defendants still failed to bring the property into compliance with the Weld County Code, and upon Weld County's motion, the County Court ordered Defendants to pay $20.00 for each day that the property was in violation of the Weld County Code, beginning on March 30, 2015, and WHEREAS, on January 18, 2016, the Board heard the testimony and reviewed all of the evidence in the matter and deemed it advisable to continue the matter to February 29, 2016, to allow the property owner adequate time to pursue the eviction process, and WHEREAS, on February 29, 2016, the Board heard the testimony and deemed it advisable to continue the matter to April 25, 2016, to allow ownership of the property be established. WHEREAS, on April 25, 2016, the Board heard testimony and deemed it advisable to continue said matter to July 13, 2016, to allow Richard Pierro adequate time to bring the property into compliance after the tenant has vacated, and GG'CQ (FN/KM), pc. CBP) cs/I-1/ Iro 2016-2216 PL0824 DENY CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - RICHARD PIERRO AND TIM FREI PAGE 2 WHEREAS, C.R.S. §30-28-124.5(1) and Section 23-10-40.A of the Weld County Code allow the remaining Court -imposed costs to be assessed against the property and collected as a special assessment by the Treasurer, and WHEREAS, on the 13th day of July, 2016, the Board heard the testimony of the County Attorney's Office which advised the Board that the property has been brought into compliance with the Weld County Code, and they reviewed all of the evidence in the matter and deemed it advisable to deny the Certification. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $5,260.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalty from March 30, 2015, through December 17, 2015, be, and hereby is, denied. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of July, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d ) tp.� Weld County Clerk to the Board at 1� uty Clerk to the Board f ,� APPAS T A torney Date of signature: IC/ a / aO t Co Mike Freeman, Chair Sean P. Co C' ----way, Pro-Tem CzLL2iCI Julie A. Cozad bara Kirkmeyer teve Moreno 2016-2216 PL0824 Weld County, Colorado, District Court 901 9th Avenue PO Box 2038 Greeley, Colorado 80632 970-475 2400 DATE FILED: March 25, 2016 2:1 FILING ID: 535D480844238 CASE NUMBER: 2016CV22 COURT USE ONLY Plaintiff: Richard Pierro v. Defendant: Timothy Frei Brandon B Houtchens, #31991 Houtchens, Greenfield & Sedlak, LLC 822 7th Street, Suite 270 Greeley, CO 80631 Telephone: (970) 353-9195 Fax: (970) 353-0151 Brandon@houtchens.COm Case No: 2016 CV 22, formerly 2016C30799 Division: 5 STIPULATION REGARDING POSSESSION OF PROPERTY Plaintiff, through counsel, and Defendant, through counsel, submits the following Dipaala/.ion Regarding Possession ofProper/.y, respectfully requesting that the Court approve the stipulation as the Court's order: 1. This matter was set for a half -day hearing on March 25, 2016, regarding Plaintiff's request for entry of an judgment and order for possession for the real property and improvements he owns at 4739 CR 22, Longmont, Weld County, Colorado (the "Property"). 2. Plaintiff and his attorney appeared. Defendant's attorney appeared. Counsel for the parties recited the terms of the parties' agreement to the Court. 3. In lieu of a contested hearing, Plaintiff and Defendant have agreed to the following terms: a. Defendant and all occupants of the Property shall vacate the Property and shall remove all non -fixture items of personal property, no later than noon MDT on July 1, 2016. b. If Defendant and all occupants have not vacated the Property by noon MDT on July 1, 2016, Plaintiff shall be entitled to entry of an order and judgment for possession pursuant to Colo. Rev. Stat. S13-40-115 after filing a verified motion in support of the request for such order and judgment. 1 2016-2216 c. Defendant shall pay rent for March and April of 2016 ($1,850/month totaling $3,700.00) to Plaintiff no later than 5:00 p.m. MST on March 30, 2016. Plaintiff shall also pay rent in the same amount for each of May and June, 2016, and each payment shall be made no later than May 5 and June 5, 2016, respectively. Such payment may be delivered to Plaintiff's attorney's office. d. In the event Defendant fails to timely pay any amount due under this stipulation, Plaintiff shall be entitled to entry of an order and judgment of possession pursuant to Colo. Rev. Stat. 513--40-1.15 after filing a verified motion in support of the request for such order and judgment. 4. This stipulation shall be without prejudice to the remaining claims, counterclaims, defenses, affirmative defenses as pled by the parties in this action. WHEREFORE, the parties respectfully request that the Court approve this Stipulation as its Order. Respectfully submitted this 25th day of March, 2016. HOUTCI TENS, GRI LENFII LD & SEDLAK, LLC /s/ .Brandon 13..I-loutchens Brandon B. Houtchens, #31991 Attorney for Plaintiff Respectfully submitted this 25'x' day of March, 2016. ICON LAW OFFICE, LLC /s/ Michael P. Matthews Michael P. Matthews, #18122 Attorney for Defendant 2 CERTIFICATE OF SERVICE I certify that on the 25`x' day of March, 2016, a true and correct copy of the foregoing STIPULATION REGARDING POSSESSION OF PROPERTY, with proposed order, was electronically filed and served on the following via ICCE?S: Michael P. Matthews Icon Law Office, I.,I,C 1035 Coffman Street, Suite 202 Longmont, Colorado 80501 Is/ Linda Cordova Duly Signed Original. on File In accordance with C:R.CP. 121 1-26(9), a printed copy of this document with of ginal si�nature(s) as maintained by Houtchens, Greenfield & Sedlak, LLC, and will be made available Ibr ine pection by other parties or the Court upon request. 3 DISTRICT COURT, WELD COUNTY, COLORADO Court Address: 915 10th Street, Greeley, CO, 80632 DATE FILED: March 28, 2016 7:54 AM CASE NUMBER: 2016CV22 A COURT USE ONLY A Plaintiff(s) RICHARD PIERRO v. Defendant(s) TIM FREI Case Number: 2016CV22 Division: 5 Courtroom: Order: Order Regarding Stipulation Regarding Possesion of Property The motion/proposed order attached hereto: GRANTED. Issue Date: 3/28/2016 TIMOTHY GERARD KERNS District Court Judge Page 1 of 1 Weld County, Colorado, District Court 901 9th Avenue PO Box 2038 Greeley, Colorado 80632 970-475-2400 COURT USE ONLY Plaintiff: Richard Pierro v. Defendant: Timothy Frei Case No: 2016 CV 22, formerly 2016C30799 Division: 5 ORDER APPROVING STIPULATION REGARDING POSSESSION OF PROPERTY The COURT, having considered the parties' Stipulation Regarding Possession of Property, hereby approves the same as its ORDER. Signed this day of , 2016. DISTRICT COURT JUDGE 1 Karin McDougal From: Sent: To: Subject: Attachments: Karin, Brandon Houtchens <brandon@houtchens.com> Friday, April 22, 2016 9:11 AM Karin McDougal 4739 CR 22 Longmont; owner Richard Pierro 2016-03-25 14-12-48 Stipulation Regarding Possesion.pdf; Order- Order Regarding Stipulation Regarding Possesion of Property.pdf Thanks again for calling me this morning. As I explained, Mr. Frei is ordered to vacate the subject real property and remove all items of non -fixture personal property by noon on July 1. He is subject to ejectment by writ of restitution if he does not leave by that date, which would jeopardize his ownership of what appears to be significant amounts of his personal property. I will not plan on appearing Monday before the commissioners, as I have a prior appointment. If I am not there, I ask that you present these facts and convey that Mr. Pierro would appreciate the commissioners' consideration of postponing further action until after July 1, when the property should be in compliance. I have also attached the 2014 case file, which shows that only Mr. Frei participated. Notices were sent to Mr. Pierro (including by Mr. Frei's attorney), but the notices were sent to the 4739 CR 22 address, where Mr. Frei knew Mr. Pierro did not live. Mr. Pierro has lived in California for several years. He only became aware of this code enforcement action in late 2015 and took prompt action thereafter to evict Mr. Frei. Please let me know if I can provide any additional information. Thank you. Brandon B. Houtchens HOUTCHENS, GREENFIELD & SEDLAK, LLC 822 7th St. Suite 270 Greeley, CO 80631 970/353-9195 303/571-0052 (Denver Metro) www.houtchens.com <http://www.houtchens.com/> 1 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; Richard Pierro Tim Frei 4739 County Road 22 Longmont, CO 80504 Mr. Pierro and Mr. Frei: January 4, 2016 This letter is to provide you with notice that the Weld County Board of County Commissioners will consider whether 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 June 1, 2015, the Court granted the County's Motion to Impose Daily penalties, finding that your property was in violation of the Weld County Code, and ordered you to pay a daily penalty of $20.00, beginning on March 30, 2015, and continuing until the zoning violation is removed from the property. Upon information and belief, the zoning violation still exists on your property. 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 for the period between March 30, 2015, and December 17, 2015. This period totals 263 days and $5,260.00. 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 $5,260.00. Such lien would have priority over all other security interests, except for taxes. In addition to the $5,260.00, 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) 353-6100 extension 3555. Please feel free to contact me with any questions. Respectfully, -7yr.°14-4-1•6- Karin McDougal Assistant Weld County Attorney Bethan Pascoe From: Sent: To: Cc: Subject: Rich Pierro <rich@mounts.com> Thursday, January 14, 2016 11:48 AM Bethany Pascoe Rich Pierro 4739 County Road 22, Longmont, Co, Rich Pierro, Case # ZCV14-00091 Importance: High Hello Bethany, Thanks for the time on the phone regarding the property condition and for updating me on the status of my property with the county. I have rented this property to Tim Frei for 9 years and I have lived in Corona California, since 2006. I was unaware of the situation with the county code violations because my mail has been going to the 4739 address and not to me in California. Tim Frei failed to notify me of the situation unfortunately. The relationship between Mr. Frei and myself is a tenant\landlord relationship. Mr Frei has indicated his interest in purchasing the property from me since 2006, but has made no serious efforts toward that goal. He and his partner Connie have admitted responsibility for the condition of the property and explained they will take care of the problem. In September, I realized I was not getting my checks for the mineral rights at the property, so I submitted a change of address to the post office and then began getting my mail. On Wednesday January 13th, I received the latest letter from Karin McDougal, Notice of Certification of Lien to Weld County Treasurer. Evidently, Mr. Frei has been representing himself as the owner of the property and has failed to keep it compliant, and he has failed to communicate the situation with the county to me. Today I spoke with an attorney in Greeley, Mr Brandon Houtchins. I will have Mr Houtchins produce an eviction notice to Mr. Frei so I can take possession of the property. 0 As a side note so you are aware, Connie, Tim's partner, purchased the property directly to the east, I believe it is 10 acres, so you may want to keep an eye on that property next as I begin the eviction process. I would like to request that the board of county commissioners not assess the penalties to the property taxes yet, and allow me to take action on my tenant and my property. Your consideration of my situation will be greatly appreciated and I will work diligently toward compliance. 1 January 20, 2016 The Weld County Board of County Commissioners 1150 O Street P.O. Box 758 Greeley, Colorado 80632-0758 We apologize that we were unable to meet with you at a hearing on January 18, 2016 and after our conversation with Assistant Weld County Attorney Karin McDougal, she recommended that we communicate with you via a letter. Attorney Karin McDougal informed us that the next hearing is scheduled for February 29, 2016 and she informed us that she would relay to you our request to postpone any further action until we can be present, because we have been scheduled for a year to be out of town from February 27 to March 9, 2016. We would also appreciate your consideration to postpone the February 29th hearing until March 14 or 16, 2016 so we can have the opportunity to meet with you. From the very beginning and during this entire process, we have been cooperative and have worked diligently to comply with what Weld County has ask us to do, and we have emphasized to the officials from day one that we need adequate time to finalize this enormous task. Please find enclosed some emails to support the fact that we have diligently worked with Weld County officials and share with you some of the adversity we have had to deal with during this time. When we have the opportunity to meet with you, we trust that you will have a clearer understanding of the enormous task at hand which has had a huge impact on us financially, physically and emotionally based on the unreasonable time allowed to adequately bring our property into compliance. Thank You. 1/18/2016 FW Settlement Letter Weld County v. Pierro and Frei - Connie Buswell From: Steven Hill [mailto:shill©ri icsabnev.coml Sent: Tuesday, September 30, 2014 4:24 PM To: Frank Haug Subject: Settlement Letter Weld County v. Pierro and Frei Mr. Haug, I wanted to introduce myself. My name is Steven Hill, I represent Mr. Frei in the above referenced matter. I was hoping we could speak as we seek an amicable resolution regarding this legal matter. Thank You Steven Hill I shill@riggsabnev.com Attorney L:ma.y http//97.65.39.42/images/logo2.gif 50 South Steele St Suite 600 I Denver, CO 80209 Office: 303-298-7392 I Fax: 303-298-7398 This message is sent by Riggs Abney, a law fine, and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message along with any attachments. httos://outlooklive.com/owafter=16.1027.13.18802688,Lcver=16.1027.13.18802688,cf=18LvC=08gorceBO=false#viewmodel=ReadMessaneltem&Iteml 2/7 1/18/2016 FW: Settlement Letter Weld County v. Pierro and Frei - Connie Buswell FW: Settlement Letter Weld County v. Pierro and Frei Steven Hill Tue 9/30/2014 10:41 PM To:questerqueen@msn.com <questerqueen@msn.com>; cc:Lisa Ruble <Iruble@riggsabney.com>; Mr. Frei, things are looking much better. Steven Hill From: Frank Haug [mailto:fhaug@co.weld.co.usl Sent: Tuesday, September 30, 2014 4:39 PM To: Steven Hill Subject: RE: Settlement Letter Weld County v. Pierro and Frei Thank you for the email. We can meet on the 6th to talk about a settlement. Typically, we try to work out some kind of stipulation that is agreeable to both parties that gives some more time to get all of the issues resolved. I'd be happy to speak with you more about the details, or we can just plan on speaking on Monday at the court hearing. Thanks and let me know if you have any other questions. Frank Frank N. Haug Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 te/: (970) 356-4000 x4394 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 privileged, 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. https://outlook.live.com/owa/?ver=16.1027.13.1880268&cver=16.1027.13.188026B&.cf•=1&vC=0&forceBO=false#/viewmodel=Read Messageltem&Itemt ... 1/2 Outlook.com - questerqueen@msn.com Page 1 of 1 Search Sent Folders Inbox 205 Archive Junk Drafts 6 Sent Deleted New folder New Reply I Delete Archive Move to egoriesor RE: Settlement Letter Weld County v. Pierro and Frei Connie Buswell 10/02/14 To: Steven Hill Hello Steven: This is Tim, and there are some questions you can ask: 1. Why do they drag someone into court who was trying to work with them? Bethany Pascoe was my contact and i called her numerous times. 2. I begged Bethany to come by and see the amount of progress that had been made before she wasted my fence money, went to a lawyer and her answer was she could only do a drive by for the complaint, and when the property was in compliance ask them if thats how they work with people having 1 complaint in a 6 year time. 3. Ask them if not all but 1 issue had been resolved leaving only the amount of trailers being an issue. 4. Need to find out who made complaint so i can rest knowing this is over or worry about whats going to happen next. 5. Why if Bethany did her drive by how come contact wasnt made with me to see what the facts are? 6. My losses in time and money on this situation are huge already and going up. Why do they let the court system hurt someone so much when most likely it is not a property owner in the surrounding area that complained, just someone out to hurt me personally? 7. What do i have to worry about next? 8. What can i do about the false accusations made? 9. Do they think enough of the taxpayers money has been spent on this already? 10. When did it change from innocent until proven guilty, to guilty until you prove yourself innocent? © 2015 Microsoft Terms Privacy & cookies Developers https://bay 175.mail.live.com/default.aspx?id=64855&owa=1 &owasuffix=owa%2f 2/1/2015 1/18/2016 FW: Frei Stip.rtf - Connie Boswell Mrs. Pascoe an Mr. Haug, I am working on getting the agreement signed. As you know Mr. Frei's father passed away the night before I came to Weld County to address this matter. I have to be honest Mr. Frei is having a difficult time with his untimely death and the manner in which he passed. He is experiencing tremendous grief. Therefore, I seek an extensions to have the agreement returned in this unfortunate manner. Thank you- Steven Hill Steven Hill I shill@riggsabney.com Attorney - 50 South Steele St Suite 600 I Denver, CO 80209 Office: 303-298-7392 I Fax: 303-298-7398 This message is sent by Riggs Abney, a law film, and may contain infirnnation that is privileged or confidential. If you received this transmission in enor, please notify the sender by reply e-mail and delete the message along with any attachments. From: Bethany Pascoe [mailto:bpascoePco.weld.co.us] Sent: Monday, October 06, 2014 9:23 AM To: Steven Hill Subject: Frei Stip.rtf Please feel free to contact me with any questions or concerns. Bethany Pascoe Zoning Compliance Officer II 1555 North 17th Avenue Greeley, Co 80631 Office: (970)353-6100 Ext. 15 htips:Routiookrnre.com/owal?ver-16.1027.13.1880268&cver=16.1027.13.1880268&cf=1&vC--0&forceBO=falseitviewmodel=Read Messanenermitemi 711 1/1812016 FW: Frei Stip.rtf- Connie Buswell 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 x4394 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 privileged, 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: Steven Hill [mailto:shillOriggsabnev.comj Sent: Monday, October 13, 2014 9:25 AM To: Bethany Pascoe Cc: Frank Haug; Frank Haug; Lisa Ruble Subject: RE: Frei Stip.rtf Mrs. Pascoe an Mr. Haug, I am working on getting the agreement signed. As you know Mr. Frei's father passed away the night before I came to Weld County to address this matter. I have to be honest Mr. Frei is having a difficult time with his untimely death and the manner in which he passed. He is experiencing tremendous grief. Therefore, I seek an extensions to have the agreement returned in this unfortunate manner. Thank you- Steven Hill Steven Hill I shill@ricagsabney.com Attorney 50 South Steele St Suite 600 I Denver, CO 80209 Office: 303-298-7392 I Fax: 303-298-7398 This message is sent by Riggs Abney, a law firm, and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message along with any attachments. From: Bethany Pascoe [mailto:bpascoe@co.weld.co.usj Sent Monday, October 06, 2014 9:23 AM To: Steven Hill Subject Frei Stip.rtf htipsi/outiook.live.comtowanver=16.1027.13.1880268&caner=16.1027.13.1880268&cf=1&vC=0&forceBO=false#viewmodel=Read MessageItem&lteml ... 7/3 1/18/2016 FW: Frei Stip.rtf - Connie Buswell FW: Frei Stip.rtf Steven Hill Mon 10/13/2014 8:35 PM To:Connie Buswell <questerqueen@msn.com>; Cc:Lisa Ruble <Iruble@riggsabney.com>; From: Frank Haug [mailto:fhaug@co.weld.co.us] Sent: Monday, October 13, 2014 1:07 PM To: Steven Hill Cc: Bethany Pascoe Subject: RE: Frei Stip.rtf Thanks for the email. When do you think you will be able to get that turned in? Frank N. Haug Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 x4394 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 privileged, 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: Steven Hill [mailto:shill©riggsabney.com] Sent: Monday, October 13, 2014 9:25 AM To: Bethany Pascoe Cc: Frank Haug; Frank Haug; Lisa Ruble Subject: RE: Frei Stip.rtf hops://outtook.live.com/owanver=16.1027.13.1880268&cver=16.1027.13.1880268&cf=1&vC�&forceBO=false#viewmodel=Read Message Item&Item) ... 1/3 1/18/2016 RE: Frei Follow Up - Connie Buswell I wanted to touch base with you about this. I am not sure if you are still representing this client, but am on that assumption at this point. We are scheduled for court on Monday, to review the stipulation we entered into November 2, 2014. As part of that stipulation, your client agreed to submit a pre -application by November 20, 2014. He did submit a partial packet, and staff attempted to contact him at least three times and no phone calls were returned. He also agreed to have a USR application done by January 30, which has not been done, and given the fact he hasn't started the process it is not really possible to get it done by then. I am hoping you have some information regarding this, if you are not representing him then just let me know. Thanks Frank N. Haug Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 x4394 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 privileged, 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: Steven Hill (mailto:shiIR riggsabney.com] Sent: Thursday, October 16, 2014 3:58 PM To: Frank Haug; Frank Haug Subject: Frei Follow Up Frank, I am scheduled to have my first conversation with them tomorrow, I have exchange several emails with the family. I will call immediately there after. Thank you, Steven Hill Steven Hill I shill@riggsabnev.com Attorney https://outlook.live.cam/owa/?ver=16.1027.13.1880268&cver=16.1027.13.1880268&cf=1&ve=0&forceRcs_falsauviawmrxiral=RpariMpssanPirPrruz1rPm1 e/c 1/18/2016 FW: Frei Stip.rtf - Connie Boswell FW: Frei Stip.rtf Connie Buswell Tue 10/21/2014 7:25 PM To:Iruble@riggsabbney.com <lruble@riggsabbney.com>; Hi Lisa; Please note email below and we appreciate your assistance regarding the difficult time Tim is having now. Thank you From: questerqueen@msn.com To: shill@riggsabney.com Subject RE: Frei Stip.rtf Date: Tue, 14 Oct 2014 18:10:25 +0000 Hi Steven: Given the fact that my Dad passed away quite unexpectedly and untimely at the hands of medical professionals, I am experiencing overwhelming grief and shock and therefore I appreciate your working with Mr. Haug to deal with them "getting off my back" for some period of time. Winter is coming on and all of the work that I am required to do to satisfy their requirements is outside and there will be periods of time that the weather will prevent me from working on this enormous project. I am preoccupied and grief stricken with the loss of my beloved Dad and satisfying their requirements now is certainly not a priority and please work with them so I am allowed time to grieve without pressure from the county. Grief has no time line and out of respect for me, I would appreciate reassurance that the county will allow me to be left alone to handle my Dad's estate, financial and legal matters and many other matters connected with the loss of a loved one. Their time frame from the beginning was so unreasonable and now even more so. Therefore, I entrust you to work out a reasonable and fair extension and I believe that to be sometime next spring to allow me to be totally in compliance with their unreasonable expectations. Thank you- Tim Frei From: shill@riggsabney.com To: questerqueen@msn.com CC: lruble@riggsabney.com Subject: FW: Frei Stip.rtf Date: Mon, 13 Oct 2014 20:35:32 +0000 From: Frank Haug [mailto:fhaug@co.weld.co.us] Sent Monday, October 13, 2014 1:07 PM To: Steven Hill Cc: Bethany Pascoe Subject: RE: Frei Stip.rtf Thanks for the email. When do you think you will be able to get that turned in? Frank N. Haug Assistant Weld County Attorney hops://outook.live.corNOwa!?ver=16.1027.13.1880268&cver=16.1027.131880268&cf=1Rv(:-ORfom.QRn-fatePitvit wmnriat_RpariwtpccanottPm:ettpmt 1/� 1118/2016 FW: Frei Stip.rtf - Connie Buswell FW: Frei Stip.rtf Connie Buswell Tue 10/21/2014 7:19 PM To: lruble@riggsabby.com <Iruble@riggsabby.com>; Hi Lisa: Please note email sent below from Tim Frei. From: questerqueen@msn.com To: shill@riggsabney.com Subject RE: Frei Stip.rtf Date: Mon, 13 Oct 2014 10:27:10 +0000 Hi Steven: I would appreciate very much if you would inform the court system of the recent passing of my father. It has been a difficult time for me as I was very fond of my Dad and I am struggling with his untimely death and the manner in which he passed. I trust that both you and the court system would understand that the loss of a loved one takes time to process and I am experiencing grieving and loss of sleep, etc. at this time. Therefore, I would appreciate your help in obtaining further extensions relating to their expectations of my compliance with their unreasonable time frames. Thank you- Tim Frei From: shill@riggsabney.com To: questerqueen@msn.com Subject FW: Frei Stip.rtf Date: Mon, 6 Oct 2014 18:48:07 +0000 Please read through the document and contact me tomorrow so I may explain. Thank You, Steven Hill Steven Hill I shill@riggsabney.com Attorney 50 South Steele St Suite 600 I Denver, CO 80209 Office: 303-298-7392 I Fax: 303-298-7398 htins://outlook live_comlowa/ner=16.1027.13.1880268&cver=16.1027.13.1880268&cf=1&vC=0&forceBO=false#viewmodel=ReadMessaaeltem&Iteml ... 1/3 1/18/2016 Haug - Connie Buswell Haug Steven Hill Tue 10/21/2014 7:40 PM To:questerqueen@msn.com <questerqueen@msn.com>; cc:Lisa Ruble <Iruble@riggsabney.com>; @1 1 attachment (643 bytes) Steven Hill.vcf; Tim, I can attempt to buy you some time but they are very unhappy that we have taken this long to sign the agreement. They have the ability to enforce. If they knew that you were willing to sign and work towards some resolution they may be more willing to work with us. I am going to speak with Frank Haug today. Steven Hill Steven Hill I shillOrisksabnev.com Attorney V,u 50 South Steele St Suite 600 I Denver, CO 80209 Office: 303-298-7392 i Fax: 303-298-7398 This message is sent by Riggs Abney, a law firm, and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message along with any attachments https://outiook.live.corn/owanver=16.1027.13.1880268&over=16.1027.13.1880268&cf=llivCorceBO=false#viewmodel=ReadmeRsaneitemeoprni 1/1 1J18/2016 Follow Up - Connie Buswell Follow Up Steven Hill Thu 10/30/2014 10:00 PM To:questerqueen@msn.com <questerqueen@msn.com>; cc:Lisa Ruble <Iruble@riggsabney.com>; 1 attachment (643 bytes) Steven Hillvcf; Mr. Frei, I have spoken with the county attorney Fank Haug several times, as you know I am due back into court regarding your land citation on November 3, 2014. They are willing to work with you but are demanding the agreement is signed so we may start the process, please remember under the statute they have the authority to sue you. They understand the grief from your fathers death but they are going to do their job. I can ask for a new agreement to be sent and signature date be on or before November 3, 2014. We will have time to bring the property into compliance and depending on the mitigation plan we use we can be allocated up to one year.. Please let me know your thoughts, Steven Hill Steven Hill I shill@riggsabney.com Attorney 50 South Steele St Suite 600 I Denver, CO 80209 Office: 303-298-7392 I Fax: 303-298-7398 httosJ/outiooklive.com/owanver=16.1027.13.1880268&ever=16.1027.13.1880268&cf=1&vC=O&torceBO=false#viewmodel=ReadMessaaeltem&Item) ... 1/2 1/18/2016 RM. Contract - Connie Boswell Sent: Friday, October 31, 2014 11:33 AM To: Bethany Pascoe Cc: Frank Haug; Frank Haug; Lisa Ruble Subject: Contract Frank and Bethany, I am working with my client on getting the agreement signed. I am set to appear on Monday November 3, 2014 before the court/ Mrs. Pascoe is it possible to get a new contract which reset the dates, as you know my client's father died the day before this initial hearing. Mr. Frei has been overwhelmed with grief and despair. His father died in an unexpected manner, and his fathers affairs have taken over Mr. Frei. I have explained your sentient that you respect that he is grieving but you also have a job to enforce. He would like to work with the county and formulate a plan to gain compliance. Thank you, Steven Hill Steven Hill I shill@riggsabney.com Attorney r 50 South Steele St Suite 600 I Denver, CO 80209 Office: 303-298-7392 I Fax: 303-298-7398 This message is sent by Riggs Abney, a law fine, and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete the message along with any attachments. httpSWoutlookliVe.coMowaPVer=16.1027.13.1880268&cver=16.1027.13.18802688e=1&vc=0&forceBO=false#viewmorlel_ReariMeFAanPltPmR ltPml 2/2 1/18/2016 Contract - Connie Buswell Contract Steven Hill Fri 10/31/2014 5:33 PM To: Bethany Pascoe <bpascoe@co.weld.co.us>; cc:fhaug@co.weld.co.us <fhaug@co.weld.co.us>; fhaug@weldgov.com <fhaug@weldgov.com>; Lisa Ruble <lruble@riggsabney.com>; g 1 attachment (643 bytes) Steven Hill.vcf; Frank and Bethany, I am working with my client on getting the agreement signed. I am set to appear on Monday November 3, 2014 before the court/ Mrs. Pascoe is it possible to get a new contract which reset the dates, as you know my client's father died the day before this initial hearing. Mr. Frei has been overwhelmed with grief and despair. His father died in an unexpected manner, and his fathers affairs have taken over Mr. Frei. I have explained your sentient that you respect that he is grieving but you also have a job to enforce. He would like to work with the county and formulate a plan to gain compliance. Thank you, Steven Hill Steven Hill l shiil@riggsabney.com Attorney 50 South Steele St Suite 600 I Denver, CO 80209 Office: 303-298-7392 I Fax: 303-298-7398 hops://outloolclive.cotNowa/?ver=16.1027.13.1880268&cver=16.1027.13.1880268&cf`1&vC�&torceBQ=false#viewmodpi=Reatim ccanPitPmeitami 1 /0 1118/2016 FW: Contract - Connie Buswell FW: Contract Steven Hill Mon 11/3/2014 1:33 PM To:Connie Buswell <questerqueen@msn.com>; t 1 attachment (83 KB) Frei Stip.rtf; From: Frank Haug [mailto:fhaug@co.weld.co.us] Sent: Friday, October 31, 2014 4:00 PM To: Steven Hill; Bethany Pascoe Cc: Lisa Ruble Subject: RE: Contract Here is an updated stipulation. His will give him a small amount of additional time, if he agrees to this then we can forgo the hearing on Monday. If he does not want to agree then we will proceed with the hearing to impost the penalties. Let me know if you have any other questions. Thanks Frank N. Haug Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 x4394 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 privileged, 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: Steven Hill (mailto:shilR )riggsabney.com] https://outlook.live.com/owa/?ver=16.1027.13.1880268&ever=16.1027.13.1880268&cf=1&vC�&forceBO=false#viewmodel=Read Messaaeltem&Iteml ... 1/2 1/18/2016 RE: Frei Follow Up - Connie Buswell 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 privileged, 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: Steven Hill {mailto:shill(a)riggsabney.coml Sent: Friday, January 30, 2015 4:01 PM To: Frank Haug Cc: Amy Florendo Subject: RE: Frei Follow Up Frank I have just returned from court, can you please let me know if the matter is still set for 9:00am Steven Hill From: Frank Haug [mailto:fhaug@co.weld.co.usl Sent: Friday, January 30, 2015 9:48 AM To: Steven Hill Cc: duesteraueen@msn.com; April Willem; Bethany Pascoe Subject: RE: Frei Follow Up I spoke to our planning department, and my understanding is that as recently as this week they have verified he is continuing to operate in violation. They informed me that they did leave him several voice mails, and he never contacted them. Also, I believe that we already did create a hard outline draft of the steps that need to be taken, which is the stipulation that he signed at the last hearing. It is clear in that document, and I believe has been clear to him for a while, what steps he needs to take. He needs to submit a completed USR packet. It is Mr. Frei's responsibility to get this taken care of, and not my office or the planning department's job to call and remind him of what he needs to do. I am happy to meet with you or Mr. Frei to discuss this, but I believe we have given him ample time to get this taken care of, and he has not followed through. He has provided a lot of reasons throughout this process as to why it hasn't been completed, but it just needs to get done. If there is some other reason why he has been unable to complete this process, let me know, but if the argument is that he just didn't hear from anyone so he didn't do anything, I am going to proceed with the hearing and ask the court to impose the daily penalties. Frank N. Haug Assistant Weld County Attorney. 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 x4394 fax: (970) 352-0242 hltpS://ouflookliVe.COM/Owa/ ver=16.1027.13.1880268&CVer=16.1027111RRWRRRrf=1Rvf:_nRffIrrPRfl-falcathwnwmivid—I3. rikleacr...Ifea,.Diro..d 71G 1/18/2016 RE: Frei Follow Up - Connie Boswell 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 privileged, 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: Steven Hill {mailto:shill@iriggsabney.coml Sent: Friday, January 30, 2015 7:14 AM To: Frank Haug Cc: auesterqueenftmsn.com; April Willem Subject: RE: Frei Follow Up Frank, I just spoke with Mr. Frei, for the first time since the application was sent. I was of the belief that everything was going as planned based on zero contact from Mr. Frei or from your office. Mr. Frei stated he spoke with a county representative the day before Thanksgiving and was to receive a call back, he had no further contact after this day. I have had not been called by any individuals from your office. I did not file a Motion to Withdraw on the matter because I was of the belief that my assistance may be needed at a later date within the application process. However, I have not been used as attempt to keep the expenses directed towards cleanup and not attorney fees. Mr. Frei would like to come to court early to speak with you he has been continuing the clean-up of the yard in good faith to come into compliance. I can be at your office on Monday February 2nd with Mr. Frei if you would like me to be present so we can have a hard outline drafted for steps that need to be taken. Please provide a time and let me know if you would like me to be present. Thank you, Steven Hill From: Frank Haug [mailto:fhaug@co.weld.co.us] Sent: Wednesday, January 28, 2015 3:56 PM To: Steven Hill Subject: RE: Frei Follow Up https:UOutlookUve.com/owe/?ver=16.1027.13.1880268&cver=16.1027.13.18ao268Rr_f-1Rvr'_(1RfnmvRCL—falcPahriawmnriPl_17varinwaccarwitpmAitam2 �/S 1/18/2016 Frei Follow Up - Connie Boswell Frei Follow Up Steven Hill Wed 1/28/2015 11:04 PM To:questerqueen@msn.com <questerqueen@msn.com>; CcAmy Florendo <aflorendo@riggsabney.com>; Mr. Frei, I have not been involved within the process but the email below states that you have not been in communication with Weld County. They are going to attempt to obtain a default judgment against you. I will not respond to Mr. Haug until we communicate. Steven Hill From: Frank Haug [mailto:fhaug@co.weld.co.us] Sent: Wednesday, January 28, 2015 3:56 PM To: Steven Hill Subject: RE: Frei Follow Up I wanted to touch base with you about this. I am not sure if you are still representing this client, but am on that assumption at this point. We are scheduled for court on Monday, to review the stipulation we entered into November 2, 2014. As part of that stipulation, your client agreed to submit a pre -application by November 20, 2014. He did submit a partial packet, and staff attempted to contact him at least three times and no phone calls were returned. He also agreed to have a USR application done by January 30, which has not been done, and given the fact he hasn't started the process it is not really possible to get it done by then. I am hoping you have some information regarding this, if you are not representing him then just let me know. Thanks Frank N. Haug Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 x4394 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 privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately https:!/outlooklive.com/owanver=16.1027.13.1880268&cver=16.1027.13.1880268&ct=1&vC=0&forceBO=-fatse#viewmodel=ReedMessageltem&Iteml ... 1/2 Property Report Page 1 of l WELD COUNTY Property Report PROPERTY Pc?RIAi_ Technical Support: (970) 304-6432 Account: R1416902 July 14, 2016 '.. Account Parcel Space R1416902 131311400079 Legal Account - Tax Type Year Buildings Actual Assessed Value Value Residential 2016 ''. 3 224,011 17,830 PT SE4 11-2-68 LOT A REC EXEMPT RE -3182 (.13R) Subdivision '. Block Lot Land Economic Area Property Address Property City Zip 4739 22 CR WELD 000000000 3231 FIRESTONE Section Township Range 11 02 68 Copyright © 2016 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R1416902&defaultsection=owner 7/14/2016 Hello