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Home My WebLink About20151632.tiff RESOLUTION RE: ACTION OF THE BOARD CONCERNING 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 Frederick Lohmiller, 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 unapproved modular 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 $20.00 for each day that the property remained in violation of the Weld County Code, beginning on August 4, 2014, and WHEREAS, on July 25, 2014, the Board of County Commissioners certified the daily penalties for the period between August 4, 2014, and May 7, 2015, for a period of 276 days and a total fine of$5,520.00. WHEREAS, the property is still in violation of the Weld County Code, 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. WHEREAS, Mr. Lohmiller has paid the assessed fine. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Certification of $5,520.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalty from August 4, 2014 through May 7, 2015, be, and hereby is, denied as a result of the fine being paid by the Defendant. C6:TK, rl/Z 4119734 Pages: 1 of 7 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County. CO ■111�1f1��11��I��;L� '�� :�II .r ��«'��«�'I�V�� 11 III 2015-1632 PL0824 DENY CERTIFICATION OF LIEN TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT- FREDERICK LOHMILLER 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, COLO ADO ATTEST:lC�� C/� Lo•ve arbara Kirkmeyer, C air Weld County Clerk to the Board Mike Freeman, Pro-Tern De u r Clerk to the Bo. r. I�•�, ) , s -� T �� Sean P. Conway APPROVED AS TO FOR 1361 �i '.'kr %�:►''� ulie Coza County Attorney -��^ - Steve Moreno 4119734 Pages: 2 of 7 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes Clerk and Recorder: Weld County. CO VIII k!ld 'ilLaIR+:1P ' 11111 2015-1632 PL0824 ROBERT J. FRICK j 86J ' I WELD COUNTY ATTORNEY DEPARTMENT OF LAW Assistant County Attorneys Bob Choate* Mari Deminski * Linda Goff*Tomi Hanson Frank Haug*Amanda Larson *Thomas Joaquin* Brad Yatabe z , x NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER Frederick Lohmiller May 12, 2015 12474 Albion Street Thornton, CO 80241 Mr. Lohmiller: 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. Specifically,your property is in violation due to the existence of modular units without approval. On July 25, 2014, the Court granted the County's Motion to Impose Daily penalties, finding that your property was still in violation of the Weld County Code, and ordered you to pay a daily penalty of $20.00, beginning on August 4, 2014, 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 June 8, 2015, 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 August 4, 2014 and May 7, 2015, This period totals 276 days and $5,520.00. Please note that the daily penalty will continue to accrue until the property is brought into — compliance with the Weld County Code. i The total request at the hearing will be$5,520.00. Such lien would have priority over all other security aii interests, except for taxes. In addition to the$5,520.00, the Weld County Treasurer's fee may increase 8 y the lien by 30%, as permitted by law. You may avoid this hearing and the Treasurer's fee by paying the _ — >•aii full amount to Weld County prior to the hearing. Alternative arrangements may be made by contacting o.L Bethany Pascoe at (970) 353-6100 extension 3555. Please feel free to contact me with any questions. 311-11 13 3` Respectful • ;bi Ws-°y Frank N. Haug cS Assistant Weld County Attorney 2015-163.2. foot - (Lo m- "Providing quality legal services to Weld County Government in ,,,uff a responsive, innovative, and cost-effective manner." O4;n General Services Division Human Services Division (icy �~ 1150"O"Street—P.O. Box 758 315 N. 11th Avenue—P. O. Box A �x Greeley,CO 80632-0758 Greeley,CO 80632 am 31 I I Phone: (970)356-4000 * Facsimile(970) 352-0242 III , COUNTY COURT, WELD COUNTY, COLORADO Court Address 915 Tenth Street;P.O. Box 2OAR, Greeley, Coicrado 80532 Phone Number: (970) 475-2400 B OARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, PI aintiff, v. ❑ FOR COURT USE ONLY ❑ FREDERICK LOHMILLER D efendant(s). --- Frank Haug, Assistant Weld County Attorney 1150"O" Street P.O. Box 758 Case Number- 13-C-11.15 Greeley, CO 80632 Division: c Phone Number: (970) 336-7235 Fax Number: (970) 352-0242 E-Mail: fhaug@co.weld.co.us Attorney Registration #41427 • D efendant(s) FREDERICK LOHMILLER 12474 ALBION ST, THORNTON, CO 80241 MOTION, STIPULATION, AND ORDER COMES NOW the Plaintiff, by and through its attorney, and Defendant and moves this Court to accept the following stipulation as agreed upon by the parties. 1. This Court has subject matter and personal jurisdiction herein. 2. That the defendant,FREDERICK LOHMILLER is the occupant of the property described as: PT SW4 21-1-65 PT LOT B AMD REC EXEMPT AMRE-58 EXC COM SW COR SEC N89D17'E 2637.98' TO TPOB N89D17'E 656' TO CURVE TO L (R=519.76') CHORD=N21D27'W 188.53' N31 D53'W 703.32' CURVE TO R (R=457.28') CHORD=N10D52'W 328.17' N10D09'E 160.34' S89D17'W 187.33' S0D34'E 1251.05' M/L TO TPOB ALSO EXC UPRR RES (2,02R) also known as street address and number as 20033 CR 6, Colorado. 4119734 Pages: 4 of 7 06/29/2015 10:58 pM R Fee:$0.00 Carly Koppes, Clerk/III t�!�1R4��llal�l 'Ih�l'��Jd�+�l� Paoli limo, B i�� 3. There have been violations of the Weld County Code Chapter 23, regarding the storage of manufactured structures without the required land use permits and/or building permits. as stated in the Complaint. 4. Defendant acknowledges that it is possible to correct the violations on the property, and Defendant has the present ability to comply with the terms of this stipulation. 5. Defendant agrees to complete the following actions by the following dates: Defendant agrees to have all manufactured structures removed by February 2, 2015. Defendant agrees to pay a daily penalty of$20.00 commencing August 4, 2014 until all units are removed. Such penalty shall continue as long as the property remains out of compliance with the Weld County Code, regardless of the February 2, 2015 deadline, above. 6. Defendant also agrees: That this Stipulation is just and equitable and not a result of duress. That failure to bring the property into compliance with the Weld County Code by February 1, 2015 may result on the County Attorney filing an Injunctive Action in District Court. Defendant also agrees to waive any Res Judicata or Collateral Estoppel defenses he/she may otherwise have related to the Injunctive Action. 7. Plaintiff Weld County agrees: To file a motion to dismiss this case, if Defendant complies with the terms of this stipulation. Plaintiff reserves the right to pursue additional enforcement action against Defendant for any County Code violations that are not included in the Complaint. If the parties disagree as to whether the daily penalty Y should terminate, Defendant may seek the determination of the Court. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO, By: Assistant Weld County Attorney . FRANK HAUG # 41427 De end Date ' 4119734 Pages: 5 of 7 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Il III COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 10th Street, Greeley, CO, 80632 I)A'r 1 .M.1 Plaintiff(s) BOARD OF COMMISSIONERS WELD COUNTY v. Defendant(s) FREDERICK LOHMILLER COURT USE ONLY A !Case Number: 2013C 1115 Division: C Courtroom: Order: Proposed Order for the Imposition of Daily Penalties The motion/proposed order attached hereto GRANTED. Issue Date: 7/17/2014 RANDALL CRAIG LOCOCO Magistrate 4119734 Pages: 6 of 7 06/29/2015 10:58 AM R Fee:$0.00 Pagelofl Carly Koppes, Clerk and Recorder. Weld County. CO 11111 WAI 01'1%1 In 6'06w l 11111 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, A FOR COURT USE ONLY A Plaintiff; v. FREDERICK LOHM ILLER, Defendant. Case Number: 13-C-1115 Division: C ORDER ON PLAINTIFF'S MOTION FOR TIIl,IMPOSITION OF DAILY PENALTIES The Court, having considered the Plaintiff's Motion for the Imposition of Daily Penalties, and finding good cause, hereby sets this matter for hearing on the 4`h day of August, 2014 at the hour of 10:00 a.m. in Division C, and orders Defendant to be present for said hearing. SO ORDERED: RANDALL LOCOCO County Court Magistrate 4119734 Pages: 7 of 7 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County. CO Hello