HomeMy WebLinkAbout20153092.tiff RESOLUTION
RE: APPROVE CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - DANIEL AND KATHLEEN
MUTH
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 Daniel and Kathleen Muth, 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 an unpermitted pole barn, 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
December 1, 2014, and
WHEREAS, the daily penalty assessed by the Court order between December 1, 2014,
and May 7, 2015, is $1,570.00, 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.
WHEREAS, on June 8, 2015, the Board deemed it advisable to continue this matter to
September 28, 2015, and defer the fines, to allow Mr. Muth to come into compliance, and
WHEREAS, a Resolution dated June 8, 2015, reflecting approval of the certification, was
incorrectly processed and recorded on June 29, 2015, at Reception No. 4119733, and
WHEREAS, on September 28, 2015, after hearing all the testimony and evidence in this
matter, the Board deemed it advisable to allow these costs to be assessed against the property
and collected as a special assessment, with said prior Resolution recorded at Reception
No. 4119733 to be superseded by the action of the Board taken on September 28, 2015.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado that the Certification of fines, in the amount of $1,570.00 to the Weld County
Treasurer to be collected as a special assessment be, and hereby is approved.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is,
directed to record this document with the Clerk and Recorder and that this action supersede the
previously recorded certification at Reception No. 4119733.
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Carly Kcppes: Clerk and Recorder, Weld County; CO 2015-3092
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CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT— DANIEL AND KATHLEEN MUTH
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of September, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
ATTEST: dicriteitiC jeli4;1 ,1A
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rbara Kirkmeyer, Chair
Weld County Clerk to the Board �/� Q
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^ -I1 Mike Freeman, Pro-Tern
BY: L ikkJ a 0.(6.}1-tkoDelta Clerk to the Boa EXCUSED
Sean P. Conway
APP ED R \
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Cou y Attorney .
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A ` Steve Moreno
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Date of signature:
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Carly Koppes. Clerk and Recorder, Weld County, CO
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NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER
Daniel and Kathleen Muth May 12, 2015
4102 County Road 27
Fort Lupton,CO 80621
Mr. and Mrs. Muth,
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 December 1, 2014,the Court granted the County's Motion for Daily Penalties, finding that your
property was 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 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 0 Street, Greeley, CO 80632. The hearing will address the
penalties for the period between December 1, 2014 to May 7,2015. This period totals 157 days and
$1,570.00. 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$1,570.00. Such lien would have priority over all other security
interests, except for taxes. In addition to the$1,570.00, 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.
o Respec ully,
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__. Frank N. Haug
00 a Assistant Weld County Attorney
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General Services Division Human Services Division
1150"0"Street—P.0.Box 758 315 N. 11th Avenue—P.0. Box A
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COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038,
Greeley, Colorado 80632
Phone Number: (9701351-7300
BOARD OF COUNTY COMMISSIONERS OF TILE
COUNTY OF WELD, STATE OF COLORADO,
FOR COURT USE ONLY C
Plaintiff,
DANIEL F. MUTH and KATHLEEN R. MUTH, Case Number: I4-C-62
Defendants. Division: C
Frank N. Haug, 441427, Assistant County Attorney
1 150 `O' Street, P.O. Box 758, Greeley, CO 80632
Phone (970) 336-7235; Fax (970) 352-0242
Email Ihauga,weld;ov.com
NOTICE OF DAILY PENALTIES
YOU ARE HEREBY NOTIFIED that at a review of stipulation hearing which was held on
Monday, December 1,2014, it was ordered by Magistrate Mark Gonzales that a daily penalty fine of
$10.00 per clay is to commence on December 1 , 2014.
DATED this 8`h day of December, 2014.
Respectfully submitted,
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD, STATE OF
COLORADO
ROBERT J. FRTCK
WELD COUNTY ATTORNEY ,
1L- •/'/ ,, •
Frank N, Haug #41427
Assistant Weld County Attorney
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CERTIFICATE OF MAILING/DELIVERY
l certify that on the 5th day of December, 2014, a true copy of this NOTICE OF DAILY
PENALTIES was mailed to:
Daniel and Kathleen Muth
4102 County Road 27
Fort Lupton, CO 80621
DATED this 8th day of December, 2014.
Q2,et
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Carly Koppes, Clerk and Recorder, Weld County, CO
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