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HomeMy WebLinkAbout20160726.tiff RESOLUTION 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 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, 2105, 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, 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, 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 tenant the eviction process, and WHEREAS, on February 29, 2016, the Board heard the testimony and reviewed all of the evidence in the matter and deemed it advisable continue this matter to April 25, 2016, at 9:00 a.m., to allow additional time to determine ownership of the property and to being the site into compliance. 2016-0726 C: Ca,?L,Th 31/V PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - RICHARD PIERRO AND TIM FREI PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, the consideration of 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, continued to April 25, 2016, at 9:00 a.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of February, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: deitAgeti ��,,��,,// 111ASL no — �C,rGto��,� Mike Freeman, Chair Weld County Clerk to the Board Sean P. Conway, Pro-Ter BY: (1j9k)a) y,1 De y Clerk to the oard (-444-e-el; al Julie Cozad APPROVED AS TO FOR If ' ` 361 a:arbara Kirkmeyer 440* "ON • County Attorney ‘r11 � c� � yt� Steve Moreno 3/9 Date of signature: 2016-0726 PL0824 Hello