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Home My WebLink About20151634.tiff RESOLUTION RE: APPROVE CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT 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 Arturo Corral, AKA Corral Enterprises LLC, 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, Defendant is operating a commercial business on the property and has not completed a Site Plan Review allowing the commercial business, 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 August 4, 2014, and WHEREAS, the Board of County Commissioners previously approved the certification of $13,700.00 to the Weld County Treasurer for the daily penalties accruing period between August 4, 2014, and December 19, 2014. WHEREAS, the daily penalty assessed by the Court order between December 20, 2014, through May 7, 2015 is $13, 800.00, and WHEREAS, Section 30-28-124.5(1), C.R.S. 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, that the Certification of $13,800.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalty from December 20, 2014, through May 7, 2015, be, and hereby is, approved. 4119736 Pages: 1 of 6 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County, CO 1I III 2015-1634 PL0824 CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ARTURO CORRAL AKA CORRAL ENTERPRISES, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of June, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditilaki �,,��,,// &L L YE) �C.uo � arbara Kirkmeyer, Ch it Weld County Clerk to the Board raiLL ri,e „. (AYE) n ^ Mike Freeman, Pro-Tem BY: C1�A , ft.) 7'A De 4y Clerk to the B Dard 41 11*.% (NAY) -�, as• Sean P. Conway APPROVED AS TO FO' t: R C - c",// (AYE) 1861 '�;�'� Julie A. ozad immilI n County Attorney V A � ,1 /`/�-c 'L-2t�r (AYE) Date of signature: Loy ` U w Steve Moreno 4119736 Pages: 2 of 6 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County. Co 2015-1634 PL0824 ROBERT J. FRICK € ''1 .. - 1$0,4 ,k. ,., ., i WELD COUNTY ATTORNEY ,. DEPARTMENT OF LAW Assistant County Attorneys Vt t ^' J Bob Choate* Mari Deminski * Linda Goff*Tomi Hanson Frank Haug*Amanda Larson *Thomas Joaquin * Brad Yatabe NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER Arturo Corral May 12, 2015 AKA Corral Enterprises LLC 7719 W 11th Street Greeley, CO 80634 Mr. Corral, 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 August 4, 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 August 4, 2014, and continuing until the zoning violation is removed from the property. (Court Order attached). At a public hearing on January 19, 2015 the Board of County Commissioners certified liens in the amount of$13,700.00 against your property for the period between August 4, 2014 and December 19, 2014. Upon information and belief,the zoning violation still exists on your property. At a public hearing on Wednesday,June 8,2015,at 9:00 a.m.,the Weld County Board of County Commissioners will determine whether to certify the continuing daily penalties. This hearing will be held at the Weld County Administration Building at 1150 0 Street, Greeley, CO 80632. The hearing will address the penalties for the period between December 20, 2014 and May 7, 2015. This period totals 138 days and $13,800.00. Please note that the daily penalty will continue to accrue until the property is brought into compliance with the Weld County Code. lin ail The total request at the hearing will be$13,800.00. Such lien would have priority over all other security interests, except for taxes. In addition to the$13,800.00, the Weld County Treasurer's fee may increase 4 the lien by 30%, as permitted by law. You may avoid this hearing and the Treasurer's fee by paying the 3� 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. m m w J m 3 Res ectful w v43 r/S4 °LL 0=_. F ank N. Haug M,,,ce�! Assistant Weld County Attorney 2015-1634 vati__O) .e.. a 1O v_. "Providing quality legal services to Weld County Government in co a responsive, innovative, and cost-effective manner." Dr,* General Services Division Human Services Division to co N o ti 1150"0"Street—P. 0. Box 758 315 N. 11th Avenue—P.O. Box A cog',>,WE Greeley,CO 80632-0758 Greeley,CO 80632 �m�� Phone: (970)356-4000* Facsimile(970)352-0242 FILM C0URT IN t11'r1'-lf COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street,P.O. Box 2038, JAN 2; 2014 Greeley,Colorado 80632 Phone Number: (970) 35l-7300 WELD C010 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, FOR COURT USE ONLY ❑ Plaintiff, v. ARTURO CORRAL, Defendants. Case Number: 12-C-774 Division: C ORDER ON PLAINTIFF'S MOTION FOR DAILY PENALTIES The Court, having considered the Plaintiff's Motion for the Im jos tion of Daily Pen'tlties and finding good cause, lAereby sets this matter for hearing on the '/ day of ,r . 2014 at the hour of_ ° _.w a.m/p.m. in Division (,,ancd orders Defendant to he present for said hearing. f / n DATED: / > , 1 RANDALL h-6 iD.cO 4-e'C"c,ry County Court Magistrate 4119736 Pages: 4 of 6 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder; Weld County, CO ■III!!!�.��Ji I��k14�4'�CI�E;I tih��Ki11144:9110i AWAY), 11111 / COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street,P.O. Box 2038, 'l.EG 1N WEL U NOUN IY CONO!NED COURTS Greeley,Colorado 80632 Phone Number: (970) 351-7300 10(G JAN l b AO !71 BOARD OF COUNTY COMMISSIONERS OF Tr IF COUNTY OF WELD, STATE OF COLORADO, Plaintiff, 11 FOR COURT USE ONLY ❑ v. ARTURO CORRAL, Defendant, Bob Choate, #40588, Assistant County Attorney 1150 `O' Street, P.O. Box 758, Greeley, CO 80632 Case Number: 12-C-774 Phone (970) 336-7235; Fax (970) 352-0242 Division: C Email bchoate po.,weld.eo.0 MOTION FOR DAILY PENALTIES COMES NOW the Plaintiff, by and through its attorney, the Assistant of Weld County Attorney Bruce T, Barker,and moves this Court to impose a daily financial penalty against Defendant,and in support,alleges as follows: 1. On September 16,2013, Plaintiff requested to withdraw order for daily penalties which had been previously filed because Defendant had brought the property into compliance with the Weld County Code. Additionally, Plaintiff requested authority to refile request for daily penalties if Defendant became out of compliance within the next 180 days. 2. Bethany Pascoe, Zoning Compliance Officer, of the Weld County Department of Planning Services conducted drive by inspections of the property on September 26,2013,October 2,2013 and October 21, 2013, The property was not in compliance on any of those dates. 3. Therefore, Plaintiff is requesting this Court to impose a daily financial penalty against Defendant in this case pursuant to the Weld County Code § 23-10-40A. Each day after the issuance of the order of the COUNTY Court during which such unlawful activity continues shall he 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 ($100.00) for each such day. Weld County Code § 23-10-40A. 4. Plaintiff respectfully requests this Court set this matter for hearing, and after such hearing, find by a preponderance of the evidence that Defendant's property is in violation of Weld County Code, and. order Defendant to pay a financial penalty of not more than $100.00 per day until the violations are abated. 4119736 Pages: 5 of 6 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co illl M.HON WO 'Ilk II III Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO BRUCE T. BARKER WELD COUNTY ATTORNEY Bob Choate Assistant Weld County Attorney CERTIFICJATE{)T' MAILING/DELIVERY I certify that on January (b 2014, a true copy of this MOTION FOR DAILY PENALTIES was mailed to: Arturo Corral, 7719 W. 111 Street, Greeley, CO 80634. 4119736 Pages: 6 of 6 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes. Clerk I and Recorder Weld County; CO VIII kir11 i'�!J �ahf��V4�� fi�N�� L��!,�h,�� 11111 Hello