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HomeMy WebLinkAbout20160218.tiff RESOLUTION RE: APPROVE CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOSEFINA CLIFTON 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 Defendant, Josefina Clifton, claiming that the Defendant's property was in violation of the Weld County Code, and WHEREAS, the County Court found the Defendant's property to be in violation of the Weld County Code, and WHEREAS, Defendant failed to bring the property into compliance with the Weld County Code, and upon Weld County's motion, the County Court ordered the Defendant to pay $10.00 for each day that the property remained in violation of the Weld County Code, beginning on April 6, 2015, and WHEREAS, the Board of County Commissioners previously approved the certification of $310.00 to the Weld County Treasurer for the daily penalties accruing period between April 6, 2015, and May 7, 2015, and WHEREAS, the daily penalty assessed by the Court 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, hereby approves the Certification of $2,240.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalty from May 8, 2015, through December 17, 2015. 4180526 Pages: 1 of 3 02/12/2016 12:19 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III 1F,A17,4 1fi diriu"43, ferliit l;i�Iiii i II II 2016-0218 PL0824 .2-hx CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOSEFINA CLIFTON PAGE 2 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:C/.�Q ;iu/1l � 1�� ' S -44 . — (AYE) Mike Freeman, Chair Weld County Clerk to the Board (NAY) _ Sean P. onway, Pr em BY: g .0„61_) • .� . _ r. ti - AYE t Clerk t the Bo �,y , , -��� l�U s ulie A. Cozad ctito APPR D A • '+ �':: �i i . _<.I � AYE j ' / � arbara Kirkmeyer 2unty A ttorney ' ' (AYE) Steve Moreno Date of signature: Q/15- ' 4180526 Pages: 2 of 3 CCar1Y2Kopp6,1Zle9 PMd Recorde weld County. CO ■Ill LAMIY,61111i1 11 III 2016-0218 PL0824 WELD COUNTY ATTORNEY'S OFFICE 18611 ' 1150 O STREET r - P.O. BOX 758 I/ GREELEY, CO 80632-0758 WEBSITE: www.co.weld.co.us r\ �z PHONE: (970) 336-7235 G O U N FAX: (970) 352-0242 NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER Josefina Clifton December 29, 2015 8431 Brighton Road#15 Commerce City, CO 80022 Ms. Clifton: 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 April 6, 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$10.00, beginning on April 6, 2015, 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 June 8, 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 accordance with Weld County Code §23-10-40.A. The board certified the daily penalties for the period between April 6,2015 and May 7,2015. This period totaled 31 days and $310.00. 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, Colorado 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. 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, tAld tall c Karin McDougal Assistant Weld County Attorney 4180526 Pages: 3 of 3 2016 0218 02/12/2016 12:19 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII KIIIJRWr G'ti f I ri Pi,lei fiAl uI II I Hello