HomeMy WebLinkAbout20160223.tiff RESOLUTION
RE: APPROVE CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - APOLINAR VALLEJO AND
FRANCISCO BARRON
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 Apolinar Vallejo and Francisco
Barron, claiming that Defendants' property was 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 Defendants to pay
$100.00 for each day that the property remained in violation of the Weld County Code, beginning
on April 6, 2015, and
WHEREAS, on June 8, 2015, the Board of County Commissioners was asked to approve
a certification of $3,100.00 for daily penalties accruing between April 6, 2015, and May 7, 2015,
and
WHEREAS, on June 8, 2015, Defendants paid the amount owed in daily penalties and
therefore the request for certification was denied, and
WHEREAS, Weld County, on behalf of the Weld County Department of Planning Services,
filed a complaint against Defendant in Weld County District Court on October 15, 2015, and upon
Weld County's motion, the County Court dismissed the County Court case on October 29, 2015,
and
WHEREAS, the property is still in violation of the Weld County Code and on December 23,
2015, the District Court granted an injunction requiring Defendants to stop operating their
business on the and
property,
WHEREAS, C.R.S. §30-28-124.5(1) and Section 23-10-40.A of the Weld County Code
allow the accrued daily penalties 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$17,400.00 to the Weld County Treasurer
to be collected as a special assessment for the daily violation penalty from May 8, 2015, through
October 28, 2015.
4180521 Pages: 1 of 3
02/12/2016 12:19 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
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2016-0223
eC= P. ,-T 40? PL0824
CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES
AS SPECIAL ASSESSMENT - APOLINAR VALLEJO AND FRANCISCO BARRON
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: (AYE)
�� ,,,/p:� Mike Freeman, Chair
Weld County Clerk to the Board
(NAY)
Se C nway, Pro
BY: d .O� � �...,�
De• '� Clerk to the :•ard ��; 1 /:�/ ��6-"d (AYE)
�°�`ulie A. Cozad
•
AP ED i .:DF-72M: 361 t / �. -� AYE
;,;;.= «► .rbara Kirkmeyer
u torney _.,/et.--e..-7 '1- .eX (AYE)
Steve Moreno
Date of signature: a�5
4180521 Pages: 2 of 3
02/12/2016 12:19 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder; Weld County, CO
VIII WaIM lJi'LITINA ll';I« A'i Ill II
2016-0223
PL0824
WELD COUNTY ATTORNEY'S OFFICE
1861 1150 O STREET
P.O. BOX 758
GREELEY, CO 80632-0758
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
COUNT
FAX: (970) 352-0242
NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASuRFRti
Apolinar Vallejo December 30,2015
Francisco Barron
12217 County Road 28
Fort Lupton, CO 80621
Mr. Vallejo and Mr. Barron:
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$100.00,
beginning on April 6, 2015, and continuing until the zoning violation is removed from the property.
(Court Order attached). On October 29, 2015, upon Motion of Weld County, the County Court case
was dismissed, so that a District Court case could be filed, however, the property remains out of
compliance and daily penalties continued to accrue until October 29, 2015. Upon information and
belief, the zoning violation still exists on your property.
At a public hearing on June 8,2015, the Weld County Board of County Commissioners certified liens
in the amount of$3,100.00 against your property for the period between April 6, 2015 and May 7,
2015. This period totals 31 days and $3,100.00,which was paid on June 8, 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 for the period between
May 8, 2015 and October 28, 2015. This period totals 174 day and $17,400.00. The total request at
the hearing will be$17,400.00. Such lien would have priority over all other security interests, except
for taxes. In addition to the $17,400.00, 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, ///�
c if� k'ley
arin McDougal r
,(9
Assistant Weld County Attorney
4180521 Pages: 3 of 3 2016-0223
02/12/2016 12:19 PM R Fee:$0.00
Carly Koppes. Clerk and Recorder, Weld County, CO
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