HomeMy WebLinkAbout20160221.tiff RESOLUTION
RE: APPROVE CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT -TRENTON PARKER
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 Trenton Parker, claiming that
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; specifically, the existence of a noncommercial junkyard, multiple non-permitted
commercial vehicles, and non-permitted mobile structures, 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 Defendant to pay $100.00 for
each day that the property remained in violation of the Weld County Code, beginning on
December 19, 2013, and
WHEREAS, the Board of County Commissioners previously approved the certification of
the $1,000.00 initial penalty and $23,500.00 to the Weld County Treasurer for the daily penalties
accruing period between December 19, 2013, and August 10, 2014, and
WHEREAS, the Board of County Commissioners previously approved the certification of
$13,000.00 to the Weld County Treasurer for the daily penalties accruing period between
August 10, 2014, and December 19, 2014, for a period of 130 days, and
WHEREAS, the Board of County Commissioners previously approved the certification of
$13,800.00 to the Weld County Treasurer for the daily penalties accruing period between
December 20, 2014, and May 7, 2015, for a period of 130 days, and
WHEREAS, the property is still in violation of the Weld County Code, 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$22,400.00 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.
4180523 Pages: 1 of 4
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Carly Koppes, Clerk and Recorder, Weld County, CO
II
2016-0221
PL0824
CC'I, PL 422
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT - TRENTON PARKER
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
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�/ �w1/ t� Mike Freeman, Chair
Weld County Clerk to the Board
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arbara Kirkmey r
Cou Attorney
Steve Moreno
Date of signature:
4180523 Pages: 2 of 4
02/12/2016 12:19 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, ld CO
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PL0824
WELD COUNTY ATTORNEY'S OFFICE
�^� 186 1150 O STREET
P.O. BOX 758
�!t 1J r '� - �1. GREELEY, CO 80632-0758
__-- I' rI WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235
COUNTY FAX: (970) 352-0242
NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER;
Trenton Parker December 31, 2015
111 E. Bridge Street
Brighton, CO 80601
Mr. Parker:
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 10, 2014, 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
$100.00, beginning on December 19, 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 a public hearing on September 10, 2014 the Weld County Board of County Commissioners
certified the daily penalties for the period between December 19,2013 and August 10,2014. This
period was 235 days and $23,500.00 in penalties. At a public hearing on January 19, 2015 the
Weld County Board of County Commissioners certified the daily penalties for the period between
August 14,2014 and December 19, 2014 for a total of$13,000.00. At a public hearing on June 8,
2015, the Weld County Board of County Commissioners certified daily penalties for the period
between December 20, 2015 and May 7, 2015 for a total of$13,800.00
At a public hearing on January 18, 2016, the Weld County Board of County Commissioners
will determine whether to certify the continuing daily penalties for the period between May 8,
2015 and December 17, 2015. This period totals 224 days and $22,400.00.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 $22,400.00. Such lien would have priority over all other
security interests,except for taxes. In addition to the$22,400.00,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.
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02/12/2016 12:19 PM R Fee:$0.00 2016-0221
Carly Koppes. Clerk and Recorder, Weld County, CO
�IIIFAIT F11MTI ire' lkfiti 111111
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,
Karin McDougal
Assistant Weld County Attorney
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Carly Koppes, Clerk and Recorder, Weld County, CO
1111!Orin�ir��� �!AVM 1���1N���M��ilk "Ill
COUNTY COURT,WELD COUNTY,COLORADO
Court Address:
915 10th Street,Greeley,CO,80632
Plaintiff(s) BOARD OF COUNTY COMMISSIONERS OF WELD CASE FILED:June 12 335014 2:53 PM
CASE NUMBER:2012O335
v.
Defendant(s) TRENTON PARKER
O COURT USE ONLY t
Case Number: 2012C 335
Division: B Courtroom:
Order:Order for Daily Penalties
The motion/proposed order attached hereto:GRANTED.
Issue Date: 6/11/2014
CHARLES S UNFUG
County Court Judge
Page 1 of 1
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 THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff, A FOR COURT USE ONLY
v.
TRENTON PARKER, Case Number: 12C335
Defendant.
Division: B
ORDER FOLLOWING HEARING FOR DAILY PENALTIES
1. The matter came on for a hearing on 05/29/14,and was continued to 06/09/14 and again to
06/10/14. Mr. Bob Choate appeared on behalf of the Plaintiff. Defendant appeared without
counsel. Plaintiff presented and the Court admitted Exhibits 1 through 10.The Court heard and
considered the testimony of Plaintiffs witness Bethany Pascoe, and Defendant's witnesses James
Betting,Joe Daniluk,and Ray Jacquez. The Court is appraised in the premises and makes the
following findings and orders.
2. The complaint was filed on May 8, 2012 alleging that Defendant is the owner and/or
occupant of the subject property located at 17200 County Road 8, Brighton, Weld County,
Colorado,and alleged that the property was in violation of Weld County's zoning code in the
following ways: the presence of more than one commercial vehicle without an appropriate
permit,the presence of one or more mobile homes on the property without an appropriate permit,
and the presence of a noncommercial junkyard without appropriate permit or screening.
FINDINGS OF FACT
3. Defendant's property is being used in violation of the Weld County Zoning Code as a parking
lot for cars and mobile structures and junk.No permit has been obtained for the manufactured
structures or the commercial vehicles. The property contains junk in an open field,as shown in
Exhibits 4 and 10. The manufactured structures also constitute junk.The vehicles that are in
various states of repair also constitute junk. The property remains in the same condition as it did
on the date that this Court ordered a default judgment against Defendant on December 17,2013.
ISSUE
4. The issue is whether the unlawful activity or condition exists, and continues,on the subject
property.
PRINCIPLES OF LAW
5. Mobile Home and Construction Trailer are terms defined in Weld County Code(WCC) §23-
1-90. The mobile homes/manufactured structures like the ones currently existing on Defendant's
property may be permitted in the A(Agricultural)zone district pursuant to WCC Chapter 23,
Article IV,Division 4, if a permit is issued by the Weld County Department of Planning Services.
6. Commercial Vehicles are defined in WCC §23-1-90. One commercial vehicle may be an
allowed use in the A(Agricultural)zone district pursuant to WCC §23-3-30 if an appropriate
permit is issued by the Weld County Department of Planning Services.
7. Junk and Noncommercial Junkyard are terms defined in WCC §23-1-90. A noncommercial
junkyard must be enclosed in a building or screened from adjacent properties and public rights of
way pursuant to its definition found in WCC §23-1-90.
8. "Each day after the issuance of the order of the county court during which such unlawful
activity continues shall be deemed a separate violation and shall, in accordance with the
subsequent provisions of this section, be the subject of a continuing penalty in an amount not to
exceed one hundred dollars for each such day."C.R.S. §30-28-124.5(1)and WCC §23-10-40(A).
CONCLUSIONS OF LAW AND ORDER
9. The property and the defendant are in violation of the Weld County Code. That violation is
continuing. Pursuant to Colorado statute and Weld County Code each violation"shall"be the
subject of a continuing daily penalty.
10. An appropriate penalty is$100.00 per day.
1 I. Therefore,the defendant is liable for the daily penalty of$100.00 for each day commencing
December 17, 2013. As of June 10,2014,the accrued daily penalty is$17,300, calculating$100
per day for 173 days. The daily penalty will continue to accrue until such time that the Defendant
brings the property into compliance with the Weld County Zoning Code.
12. The penalty may be collected according to law. If in the future the parties do not agree on the
cessation of the daily penalty,after the Defendant claims to the County in writing that the property
and Defendant are no longer in violation,and after the parties have attempted to resolve the date of
cessation in good faith,either party may apply to the Court for a hearing on determining when the
daily penalty should cease.
DONE BY THE COURT this_day of June, 2014.
CHARLES UNFUG
County Court Judge
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