HomeMy WebLinkAbout20151636.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 Defendants Apolinar Vallejo and
Francisco Barron, claiming that Defendants' 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; and
WHEREAS, Defendants 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 April 6, 2015, and
WHEREAS, the daily penalty assessed by the court order between April 6, 2015,
through May 7, 2015, is $3,100.00, and
WHEREAS, Defendant paid said penalty and is in the process of completing the Use by
Special Review process
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Certification of $3,100.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalty from April 6, 2015, through May
7, 2015, be, and hereby is, denied
CUM 1/2,
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Carly Koppes. Clerk and Recorder, Weld County CO
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CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT-APOLINAR VALLEJO AND FRANCISCO BARRON
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
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LD COUNTY, COLO ADO
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Mike Freeman, Pro-Tem
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Steve Moreno
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ROBERT J. FRICK
.. :\1 WELD COUNTY ATTORNEY
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, fa Assistant County Attorneys
if Bob Choate * Mari Deminski * Linda Goff*Tomi Hanson
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U N TY Frank Haug*Amanda Larson*Thomas Joaquin * Brad Yatabe
NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER
Apolinar Vallejo and Francisco Barron May 12, 2015
12217 County Road 28
Fort Lupton, CO 80621
Mr.Vallejo and Mr. Barron:
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.
On April 6, 2015, the Court granted the County's Motion to Impose Daily penalties, finding that your
property was in violation of the Weld County Code, and ordered you to pay a daily penalty of$100.00,
beginning on April 6, 2015, and continuing until the zoning violation is removed from the property. 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 for the period between April 6,
2015, and May 7, 2015. This period totals 31 days and $3,100.00. 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$3,100.00. Such lien would have priority over all other security
interests, except for taxes. In addition to the$3,100.00, 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
El full amount to Weld County prior to the hearing. Alternative arrangements may be made by contacting
aii Bethany Pascoe at(970) 353-6100 extension 3555. Please feel free to contact me with any questions.
3 Res tfully
T-
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m1' Frank N. Haug
•m="2"- Assistant Weld County Attorney
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,-- Phone: (970)356-4000 * Facsimile(970)352-0242
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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,
LI FOR COURT USE ONLY ❑
Plaintiff,
V.
APOI,INAR VALLEJO and FRANCISCO BARRON, Case Number: 15-C-30471
Defendants.
Division. C
Frank N. Haug, 441427, Assistant County Attorney
1150 `O' Street, P.O. Box 758, Greeley, CO 80632
Phone(970) 336-7235; Fax (970) 352-0242
Email thaug@welde,ov.corn
NOTICE OF DAILY PENALTIES
YOU ARE HEREBY NOTIFIED that at a review of stipulation hearing which was held on
Monday, April 6, 2015, it was ordered by Magistrate Mark Gonzales that a daily penalty fine of
$100,00 per day is to commence on April 6,2015 and an additional financial penalty of$100.00 was
also ordered.
DATED this8th day of April, 2015.
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Respectfully submitted,
BOARD OF COUNTY COMMISSIONERS
OF TIIE COUNTY OF WELD, STATE OF
COLORADO
ROBERT J. FRICK
WEI,D cc U TY A I"I ORN TY
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Frank N. Haug #41.427
Assistant Weld County Attorney
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Carly Koppes; Clerk and Recorder. Weld County. CO
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CERTIFICATE OF MAILING/DELIVERY
I certify that on the 8th, day of April, 2015, a true copy of this NOTICE OF DAILY
PENALTIES was mailed to:
Apolinar Vallejo Francisco Barron
12217 County Road 28 12217 Count Road 28
Fort Lupton, CO 80621 Fort Lupton, CO 80621
DATED this 8th day of April, 2015,
(1 N.\
4119738
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06/29/2015 10:58 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
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