HomeMy WebLinkAbout20150287.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO THE WELD COUNTY
TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT -
SALVADOR AND VICKY LERMA
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 Salvador and
Vicky Lerma, claiming the 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, and
WHEREAS, said 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 October 6, 2014, 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, on January 19, 2015, the Board deemed it advisable to continue this matter
to January 26, 2015, to allow adequate time for the applicant to complete and submit a Site Plan
Review for staff to review, and
WHEREAS, on January 26, 2015, the Board deemed it advisable to deny the
Certification.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, hereby denies the Certification of $7,500.00 to the Weld County
Treasurer, with said daily violation penalty from October 6, 2014, through December 19, 2014,
still being subject to Court enforcement.
2015-0287
C n : 1 IL � Maith-texj\ /i z PL0824
RE: DENY CERTIFICATION TO WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES - SALVADOR AND VICKY LERMA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of January, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:W. Sc e& •t.C }G .�C.Ilo 4mrkmeye41air
Weld County Clerk to the Board
O. Mike Freeman, Pro-Tem it liac: 4%Wtheoar
an . Convey
APPROVED AS TO FORM: t 1861 I
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Coun Attorney
�lteve Moreno
Date of signature:
2015-00287
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� FAX: (970) 352-0242
NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER;
Salvador and Vicky Lerma January 5, 2015
1050 Fulton Ave
Fort Lupton, CO 80621
Mr. and Mrs. Lerma,
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 6, 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 October 6, 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 January 19,2014, 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
October 6, 2014 and December 19, 2014. This period totals 75 days and $7,500.00. 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 $7,500.00. Such lien would have priority over all other security
interests, except for taxes. In addition to the $7,500.00, 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.
Resp c lly,
fr-r
Fra N. Haug
Assistant Weld County Attorney
2015-0287
COUNTY COURT, WELD COUNTY, COLORADO
Court Address:915 Tenth Street,P.O. Box 2038,
Greeley,Colorado 80632,(970)351-7300
BOARD OF COUNTY COMMISSIONERS OF'1'1tE FILED IN
COUNTY OF WELD, STATE OF COLORADO, (7T1Ty rll"
Plaintiff,
v. {BAR 03 2014 DAT FILED:March 3,2014
CAS NUMBER:2014C64
SALVADOR&VICKY LERMA, WELD C0J,;i Y, COLO.
Bob Choate,#40588, Assistant Weld County Attorney E FOR COURT USE ONLY O
1150 "O" Street, P.O. Box 758; Greeley,CO 80632
Phone: (970) 336-7235; Fax: (970) 352-0242
E-Mail: bchoate@weldgov.com
Defendants Case Number: 14-C-64
Name: Salvador&Vicky Lerma Division: C
Address: 1050 Fulton Ave, Fort Lupton, Co 80621
Phone No.: 303-857-6056
E-Mail: vickylerma@msn.com
MOTION,STIPULATION,AND ORDER
COMES NOW the Plaintiff, by and through its attorney,and Defendants, 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 Defendants, Salvador&Vicky Lerma are the owners of property described as: Tract 13
Aristocrat Ranchettes, 2nd Filing,also known by street and number as: 7022 CR 31,Fort Lupton, Colorado
80621.
3. There have been violations of the Weld County Code Chapter 23, regarding the continued presence of
commercial vehicles and commercial operations as stated in the Complaint.
4. Defendants acknowledge 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. Defendants agree to complete the following actions by the following dates:
• Defendants agree to submit a complete Site Plan Review(SPR) application to the Department of
Planning Services by April 3, 2014 for the property situated at 13062 CR 20 in order for them to have a
permitted site on which to locate the commercial business and associated vehicles.
• Defendants agree to complete all conditions of approval and record a plat for the SPR and relocate all
commercial activities, storage and vehicles by September 3, 2014.
• Defendants agree to contact the Zoning Compliance Officer assigned to this case to arrange an
inspection of the property at least six(6)days prior to the review date set by the Court.
• To pay an initial financial penalty in the amount of$ 100.00. Such penalty must be paid within thirty(30)days.If the
amount is not paid within thirty(30)days, that amount will be certified to the Weld County Treasurer, who shall collect the assessment,
together with a ten percent(10%)penalty for the cost of collection, in the same manner as other property taxes are collected The penalty
may be paid by cash,check or credit card to Weld County.
6. Defendants also agree:
• To appear in this Court on the review date,unless the case has been dismissed by Weld County.
• That this Stipulation is just and equitable and not reached as a result of duress.
• That failure to comply with the above deadlines may result in the County Attorney filing a Motion to
Impose Daily Penalties with this Court.
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.
8. Daily Penalty. The parties expressly request this Court to order Defendant to pay a daily financial
penalty in the amount of$ 100.00, with such order to be stayed until the review date, unless Plaintiff has moved
to dismiss this case. Defendant retains the right to contest the continuation of any daily penalty as provided by
law.
9. Review Date. The parties request this Court set a review hearing at 9:30 a.m. on October 6, 2014.
WHEREFORE, the parties jointly request that this Stipulation be made an Order of the Court and that
the Court find that this Stipulation is not as a result of duress.
Respectfully submitted,
BOARD OF COUNTY COMMISSIONERS I/4' 44M - c—rpLea% /0/1-,- -
WELD COUNTY,COLORADO, Defefidant(s)
W ic_ 3-3- /V
BOB CHOATE #40588 Date
Assistant Weld County Attorney
The foregoing Motion and Stipulation is ACCEPTED and ORDERED.
[ efendant is ordered to pay an initial civil penalty of$/CO
[ ] Defendant is ordered to pay a daily civil penalty of$ ,to begin on the review date. Defendant retains
the right to contest the continuation of the daily penalty.
view date set for 10/1/1"/ `(� [as stated in paragraph 9].
SO
5/3/7 _...-------
Datege/Magistrate
COUNTY COURT,WELD COUNTY, COLORADO
Court Address:
915 10th Street,Greeley,CO,80632
DATE FILED:October 20,2014 10:08 AM
Plaintiff(s) BOARD OF COMMISSIONERS WELD COUNTY
CASE NUMBER:2014064
v.
Defendant(s) SALVADOR LERMA
Q COURT USE ONLY
Case Number: 2014C 64
Division' C Courtroom:
Order: Order for Daily Penalties
The motion/proposed order attached hereto:GRANTED.
The daily penalty start date is 10/6/2014.
Issue Date: 10/20/2014
MARK CHRISTOPHER GONZALES
Magistrate
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