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Home My WebLink About20160725.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ROGER LEE HILL AND SHERYL KAY HILL 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 Roger Lee Hill and Sheryl Kay Hill, 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; specifically, the Defendants' property contains a noncommercial junkyard, a commercial business without appropriate land use permits, multiple commercial vehicles, and two cargo containers without building permits, 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 the Defendants to pay $10.00 for each day that the property remained in violation of the Weld County Code, beginning on October 21, 2013, and WHEREAS, the Board of County Commissioners previously approved the certification of $2,130.00 to the Weld County Treasurer for the daily penalties accruing period between October 21, 2013, and May 21, 2014, and WHEREAS, the Board of County Commissioners previously approved the certification of $800.00 to the Weld County Treasurer for the daily penalties accruing period between May 22, 2014, and August 10, 2014, and WHEREAS, the Board of County Commissioners previously approved the certification of $1,310.00 to the Weld County Treasurer for the daily penalties accruing period between August 11, 2014, and December 19, 2014, and WHEREAS, the Board of County Commissioners previously approved the certification of $1,380.00 to the Weld County Treasurer for the daily penalties accruing period between December 20, 2014, and May 7, 2015, and WHEREAS, the daily penalty assessed by the Court order 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. 2016-0725 CC : Cek- L, 1)\-3//g PL0824 DENY CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ROGER LEE HILL AND SHERYL KAY HILL PAGE 2 WHEREAS, on January 18, 2016, the Board heard the testimony and reviewed all of the evidence and deemed it advisable to continue consideration of the matter to February 29, 2016, to allow the property owner additional time to enter into a Stipulation Agreement and work to bring the site into compliance, and WHEREAS, on February 29, 2016, the Board heard the testimony and reviewed all of the evidence and deemed it advisable to deny said Certification based on the property owners' submittal of a USR application and an updated Stipulation Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, hereby denies the Certification of $2,240.00 to the Weld County Treasurer to be collected as a special assessment. 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: ✓ C.r / �Y�' 'Le¢� - - G` `"� �� Mike Freeman, Chair Weld County Clerk to the Board --> Sean P. Conway, Pro-Ter BY: ► 1' ., . !_ ... !�. .'�! De• t Clerk to the Boa d L [ C ({2, Ju ie Cozad ELz APPROVED AS TO FORM ` Gc� L_ • �-L , ' � O ficp I.arbara Kirkmeyer• 1861 County Attorney Steve Moreno J U Date of signature: 319 2016-0725 PL0824 r • • RESOLUTION RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ROGER AND SHERYL HILL 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 Roger Lee Hill and Sheryl Kay Hill, 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; specifically, the Defendants' property contains a noncommercial junkyard, a commercial business without appropriate land use permits, multiple commercial vehicles, and two cargo containers without building permits, 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 the Defendants to pay $10.00 for each day that the property remained in violation of the Weld County Code, beginning on October 21, 2013, and WHEREAS, the Board of County Commissioners previously approved the certification of $2,130.00 to the Weld County Treasurer for the daily penalties accruing period between October 21, 2013, and May 21, 2014, and WHEREAS, the Board of County Commissioners previously approved the certification of $800.00 to the Weld County Treasurer for the daily penalties accruing period between May 22, 2014, and August 10, 2014, and WHEREAS, the Board of County Commissioners previously approved the certification of $1,310.00 to the Weld County Treasurer for the daily penalties accruing period between August 11, 2014, and December 19, 2014, and WHEREAS, the Board of County Commissioners previously approved the certification of $1,380.00 to the Weld County Treasurer for the daily penalties accruing period between December 20, 2014, and May 7, 2015, and WHEREAS, the daily penalty assessed by the Court order 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. 4180524 Pages: 1 of 4 02/12/2016 12:19 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder Weld County, CO O�� IN Ric" T 4�'MINI 'WI!' �flr, �I V. n'li��ri "III 2016- ' ci off, PL0824 • • CONTINUE CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ROGER AND SHERYL HILL PAGE 2 WHEREAS, on January 18, 2016, the Board heard the testimony and reviewed all of the evidence and deemed it advisable to continue consideration of the matter to February 29, 2016, to allow the property owner additional time to enter into a Stipulation Agreement and work to bring the site into compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the County Attorney staff is directed to stop the penalties from accruing and work with the property owner(s) to enter into a Stipulation Agreement. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that consideration of the Certification of$2,240.00 to the Weld County Treasurer to be collected as a special assessment for Roger and Sheryl Hill be, and hereby is, continued to February 29, 2016. 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: Cam{ •ddediwt) G'• �K` Mike Freeman, Chair Weld County Clerk to the Board Sean P. Conway, Pro BY: / �� • I��,1A D y Clerk to the Bo:rd �� , /j ,,_ 1cJe, .e Cozad /I , ) RROVED ORM: t % -.- ��li 4-- y ` / �*►* rbara Kirkmeyer C Aft Steve Moreno Date of signature: 45' 4180524 Pages: 2 of 4 02/12/2016 12:19 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO ■III M!�1l�I�C.F'u;!I�ttil�h'�k�'��!'��'�iN��IP.t�ll,��h1" '1'oi1 II III 2016-0220 PL0824 } • • WELD COUNTY ATTORNEY'S OFFICE *► 1861 ..c 1150 O STREET P.O. BOX 758 GREELEY, CO 80632-0758 WEBSITE: www.co.weld.co.us j PHONE: (970) 336-7235 L Gp-UN.TY ' FAX: (970) 352-0242 Notice of Certification of Lien to Weld County Treasurer Roger Lee Hill December 29, 2015 Sheryl Kay Hill 25056 County Road 76 Eaton, CO 80615 Mr. and Mrs. Hill, This letter is to provide you with notice of Weld County's intent 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 October 23,2013,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$10.00, beginning on October 21,2013,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 public hearing on May 21, 2014, 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 October 21, 2013 and May 21,2014,for a total of 213 days and$2,130.00. At a public hearing on September 10,2014 the Board certified daily penalties for the period between May 22, 2014 and August 10, 2014, for a total of 80 days, and $800.00. At a public hearing on January 19, 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 the amount of $1,310.00. At a public hearing on June 8, 2015 the Board certified $1,380.00 for the period between December 20, 2014 and May 7, 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. The hearing will be held at the Weld County Administration Building at 1150 O Street, Greeley, CO 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. 4180524 Pages: 3 of 4 2016-0725 02/12/2016 12:19 PM R Fee:$0.00 Carly Koppes. Clerk and Recorder. Weld County CO Ell Nil rid RI VIII' kr,w�i'� ��Fa �'�'1�1 .�,��i�� "III • • 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, Karin McDougal Assistant Weld County Attorney 4180524 Pages: 4 of 4 02/12/2016 12:19 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County. CO gill MP ftl1r R6•'JLr 'Ifs I i i1 P J��.� �� 'ri+�i!I � Yi�r�� II II Hello