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Home My WebLink About20151631.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 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. 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 deferred and the abovementioned matter be, and is hereby continued to September 28, 2015 at 9:00 a.m. 2015-1631 6 /% PL0824 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 8th day of June, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WE COUNTY, OLORADO ATTEST: date44/O C� ;4 G: arbara Kirkm yer, C air Weld County Clerk to the Board BY Q67 Mike Freeman, Pro-Tern De y Clerk to the oard ��--- �� }. �� -- • . Conway APPROVb AS TO I= M: e Co ad o nAttorneY `z,- ,SOU ��:teve Moreno DINDate of signature: 2015-1631 PL0824 t ® ® '/ Jac) Akinut cared AwAdi l rw4.m4A, 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 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. 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, accepted al-ft 7/.2, 4119733 Pages: 1 of 5 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2015-1631 1111 h��PiK4�ll��lh4�4Ai h rll��Y 1r. 1 ti 1 11111 PL0824 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 8th day of June, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL RADO ditiffil)ATTEST: C �� .f/i/�arbara Kirkmeyer, hair Weld County Clerk to the Board Cie-- ' Mike Freeman, Pro-Tem D y Clerk to the Bard Sean P. ConwayIE APPROVED AS TO FO` 1861 !R �(kV Ju z d County Attorney 711-;:tu,- Ou Steve Moreno Date of signature: 4119733 Pages: 2 of 5 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County, Co II 11111 2015-1631 PL0824 I , ROBERT J. FRICK t',. „ ti 1Ej1 �y .� WELD COUNTY ATTORNEY """'` DEPARTMENT OF LAW all ill= r . a Assistant County Attorneys Bob Choate* Mari Deminski * Linda Goff*Tomi Hanson Frank Haug*Amanda Larson *Thomas Joaquin * Brad Yatabe I- sF4rq 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. Respec ully, 4119733 Pages: 3 of 5 14 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ` all MIIIJNO��iIi,DV ki�Nr':AEI:11M!WV Ilikiii III III Frank N. Haug Assistant Weld County Attorney 2015_163/ "Providing quality legal services to Weld County Government in a responsive, innovative, and cost-effective manner." General Services Division Human Services Division 1150 "0"Street—P.0. Box 758 315 N. 11th Avenue—P. 0. Box A Greeley,CO 80632-0758 Greeley,CO 80632 Phone: (970)356-4000* Facsimile(970)352-0242 COUNTY COURT, WEI.I) COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, Greeley, Colorado 80632 Phone Number: (970) 351-7300 BOARD OF COUNTY COMMISSIONERS OF TILE COUNTY OF WELD, STATE OF COLORADO, FOR COURT USE ONLY ❑ Plaintiff, I i v DANIEL F. MUTH and KA"IHLEEN R. MUTH, Case Number: 14-C-62 Defendants. Division. C Frank N. Haug, //41427, Assistant County Attorney 1 150 'O' Street, P.O. Box 758, Greeley, CO 80632 Phone (970) 336-7235; Fax (970) 352-0242 Email Iliaurg i�weldoov.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 day is to commence on December 1 , 2014. D.A"LED this 8`I' day of December, 2014. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF Wh'LD, STATE OF COLORADO ROBERT J. FRICK WELD COUNTY ATTORNEY z i . / Frank N. I laug 441427 Assistant Weld County Attorney 4119733 Pages: 4 of 5 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III Pr1Rom OUT.IjN4, �if'�Kr�'l�'�N�r�l"��:IL' 'L "�i II II CERTIFICATE OF MAILING/DIEIJVERY I certify that on the Su' 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 8`h day of December, 2014. .-----N241)-. etx.: fli.P,,,Lf 47...4...--- (L 4119733 Pages: 5 of 5 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO lIII IMF ANIVARIlliItiKill N,II1 ITRNIYAIilil i' EI III Hello