HomeMy WebLinkAbout20150210.tiff RESOLUTION
RE: CONSIDER 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 Defendant Roger Lee Hill and
Sheryl Kay Hill, 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, 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, Defendant 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 $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 daily penalty assessed by the Court order between August 11, 2014,
and December 19, 2014 (81), is $1,310.00, and
WHEREAS, C.R.S. §30-28-124.5(1) and Weld County Code §23-10-40.A. 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 $1,310.00 to the Weld County
Treasurer to be collected as a special assessment.
CC R 02$121209l of 2 2015-0210
02/12/2015 02:55 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO PL0824
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CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES - ROGER AND SHERYL HILL
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of January, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WE D COUNTY, CO ORADO
ATTEST: d jes,a ,tme ( (AYE)
rbara Kirkme er Char
Weld County Clerk to the Board r1_ _n
l Mice n, Pro-Tem (AYE)
BY: (L/ q ,�I
De�uty{b Alerk to the Board (NAY)��` Sean P. Con C Y
APPROVED AS TO FORM:I . . � Z11 (AYE)
u ie A. Cozad
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County Attorney � ,yr. ' � ` (AYE)
, u � teve Moreno
1/2,/
Date of signature:
4083141 Pages: 2 of 2
02/12/2015 02:55 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County., CO
IIIIIIY,Ir1 ki LA NT,AMP'MIA Bill
2015-0210
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
G O U N T Y f FAX: (970) 352-0242
NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER;
Roger Lee Hill January 5, 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 will determine whether to certify the continuing daily penalties for the period between
August 10, 2014 and December 19, 2014. This period totals 131 days and $1,310.00. 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 $1,310.00. Such lien would have priority over all other security
interests, except for taxes. In addition to the $1,310.00,the Weld County Treasurer's fee may increase the
lien by 30%, 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.
Respec //
Frank N. Haug
Assistant Weld County Attorney
2015-0210
F II•. 0 I N VI E1 D
•C11ST ICT no.IP T
COUNTY COURT,WELD COUNTY,COLORADO 2013 OCT 22 Pii (= 45
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,
v.
ROGER LEE HILL and SHERYL KAY HILL,
Defendants. FOR COURT USE ONLY 0
Magistrate Randall Lococo
Case Number: 12-C-884
Division: C
ORDER FOLLOWING HEARING ON DAILY PENALTIES MOTION
The matter came on for a hearing on 10/21/13 following the County's motion and an order for a
hearing issued on 07/05/13. Mr. Bob Choate appeared on behalf of Weld County. Ms. Sheryl
Hill appeared, and Mr. Roger Hill did not appear. The Court is appraised in the premises and
makes the following findings and orders.
1. The complaint was filed on 12/04/2012 alleging that the defendant is the property owner
of the subject property located at 25056 County Road 76, Eaton,Weld County, Colorado, and
alleged that the property was in violation of Weld County's zoning and/or building codes in the
following ways: A noncommercial junkyard exists on the property; an unpermitted commercial
business exists on the property; more than the permitted number of commercial vehicles exist on
the property;and multiple cargo containers exist on the property,but have not received building
permits. Prior notice was given pursuant to the Weld County Code(WCC)prior to initiating this
action.The parties entered into a stipulation which was approved and ordered by the court on
01/07/2013. The Court ordered the defendants to pay an initial penalty of$25.00.The County
filed a motion requesting daily penalties. The Court held the above-mentioned hearing.
ISSUES
2. The issue is whether unlawful activity or condition exists,and continues,on the subject
property. If so, also whether to impose a daily penalty and in what amount.
FINDINGS OF FACT
3. Bethany Pasco testified as a zoning compliance officer for the County. She testified that
the property contained multiple violations of the Weld County zoning and building codes. Nine
(9)pictures were admitted into evidence without objection. Ms. Pasco testified to the presence
of loose and baled tires,wooden debris,loose iron scraps,multiple derelict vehicles,multiple
commercial vehicles, and two cargo containers that did not have building permits.The photos
accurately reflected Ms.Pasco's testimony.Although Ms. Pasco testified that there had been
"slow"progress, she also testified that there was not much of a difference in the amount of
change from the time that the complaint was first filed.
4. Ms. Hill did not present evidence.
5. Based on the testimony,the Court finds as follows.The Court is satisfied by a
preponderance of the evidence, and relying Ms. Pasco's testimony, and Exhibits 1 through 9,that
(1) a noncommercial junkyard exists on the property; (2) a commercial business exists on the
property without an appropriate permit; (3) more than one commercial vehicle is present on the
property; and (4)two cargo containers are present on the property without appropriate building
permits. Defendants have not applied for or been given building permits or any"use by special
review"permits for the business.
PRINCIPLES OF LAW
6. A noncommercial junkyard is not a use by right in the A (Agricultural)Zone District. A
noncommercial junkyard requires a Use by Special Review(USR)permit unless it is clearly an
accessory to a use by right. WCC§§23-3-20; 23-3-30.1; 23-3-40.G.; 23-3-40.S.
7. "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 ... be subject of a continuing
penalty in an amount not to exceed one hundred($100.00) for each such day."§30-28-210(2)(d)
C.R.S. and Weld County Code§23-10-140(A).
ANALYSIS
8. The code prohibits unauthorized uses or structures. Based on Ms. Pasco's testimony, and
Exhibits 1 through 9, a noncommercial junkyard exists on the property; a commercial business
exists on the property, multiple commercial vehicles exist on the property, and cargo containers
exist on the property. Defendants have not received permits for these violations as required by
Chapter 23 of the Weld County Code.
9. The Court is satisfied by a preponderance that a violation exists and the defendant has
created this circumstance or allowed it to exist. The property and the defendants are in violation
of the Weld County Code.
10. The violation has continued since at least the filing of the complaint.
11. If a violation exists and the Court finds it to be continuing,the Court"shall"impose daily
penalties.
12. Taking into consideration the length of the violation, the nature of the violation, the
conduct of the defendant and Weld County code enforcement officers an appropriate daily
penalty is $10.00 for each day.
CONCLUSIONS OF LAW AND ORDER
13. Therefore,the defendants are liable for a daily penalty of$10.00 for each day
commencing on October 21, 2013.
14. The penalty may be collected according to law. The plaintiff does not request a money
judgment and the Court does not enter one.
15. 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:
RANDALL LO 0
County Court Magistrate
/07 .7//.x'
Date
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