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Home My WebLink About20151630.tiff 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 Trenton Parker, 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 a noncommercial junkyard, multiple nonpermitted commercial vehicles, and nonpermitted mobile structures. 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 $100.00 for each day that the property remained in violation of the Weld County Code, beginning on August 4, 2014, and WHEREAS, on September 10, 2014, the Board of County Commissioners certified the daily penalties for the period between December 19, 2013, and August 10, 2014, for a period of 235 days and a total fine of$23,500.00, and WHEREAS, on January 19, 2015, the Board of County Commissioners certified the daily penalties for the period between August 10, 2014, and December 19, 2014, for a period of 130 days and a total fine of$13,000.00, and WHEREAS, the property is still in violation of the Weld County Code, 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 $13,800.00, to the Weld County Treasurer to be collected as a special assessment for the daily violation penalty from December 29, 2014 through May 7, 2015, be, and hereby is, approved. 4119732 Pages: 1 of 7 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ■III h�!�1� ��'�r��L�i�ti I�t�'��i��hEJ��lN��141��K��I�I��ii�� I II I 2015-1630 PL0824 CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT—TRENTON PARKER 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, CO ORADO ATTEST:d A44, _ ir (AYE) Barbara Kirkmeyer, Chair Weld County Clerk to the Board (AYE) BY: Mike Freeman, Pro-Tem De'u; Clerk to the B•ar ��•�.� }NAY) E / Sean P. Conway APPROVED AS TO FO ,'�..;� (AYE) 361 ft:Mt. Julie A. ozad #441 1'` �� /�� County Attorney « j� -� ,� (AYE) vzi / O 1 4c Steve Moreno Date of signature: (IQ!? 4119732 Pages: 2 of 7 06/29/2015 10:58 PM R Fee:$0.00 Carly Koppes: Clerk and Recorder. Weld County CO �� a��K; l''A'1' MI III 2015-1630 PL0824 ROBERT J. FRICK 18 61,-/),--, 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 N NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER Trenton Parker May 12, 2015 111 E. Bridge Street Brighton, CO 80601 Mr. Parker: 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 a noncommercial junkyard, multiple nonpermitted commercial vehicles, and nonpermitted mobile structures. On June 10, 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 December 19, 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 September 10, 2014 the Weld County Board of County Commissioners certified the daily penalties for the period between December 19,2013 and August 10, 2014. This period was 235 days and $23,500.00 in penalties. At a public hearing on January 19, 2015 the Weld County Board of County Commissioners certified the daily penalties for the period between August 10, 2014 and December 19, 2014 for a total of$13,000.00. III 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 0311- - penalties for the period between December 20, 2014 and May 7, 2015. This period totals 138 days and $13,800.00. Please note that the daily penalty will continue to accrue until the property is brought into compliance with the Weld County Code. G.3 The total request at the hearing will be$13,800.00. Such lien would have priority over all other security �L interests, except for taxes. In addition to the$13,800.00,the Weld County Treasurer's fee may increase o -� the lien by 30%, as permitted by law. You may avoid this hearing and the Treasurer's fee by paying the LL v NOM 2015-1630 m -V "Providing quality legal services to Weld County Government in m�_S a responsive,innovative, and cost-effective manner." General Services Division Human Services Division 315 N. 11`"Avenue—P. 0. Box A N m a 1150"O"Street—P. 0. Box 758 �No � Greeley, CO 80632-0758 Greeley, CO 80632 mg; •- N L= Phone: (970)356-4000* Facsimile(970)352-0242 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. Respect Ily, Frank N. Haug Assistant Weld County Attorney 4119732 Pages: 4 of 7 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County; CO Bill "Providing quality legal services to Weld County Government in a responsive, innovative, and cost-effective manner." General Services Division Human Services Division 1150"O"Street—P.0. Box 758 315 N. 11th Avenue—P.O. Box A Greeley, CO 80632-0758 Greeley,CO 80632 Phone: (970)356-4000 * Facsimile(970)352-0242 (COUNTY COURT,WELD COUNTY, COLORADO ''Court Address: 1915 10th Street, Greeley, CO, 80632 DATF HUD:ED Jun:i 2014 ,;3 PM Plaintiff(s) BOARD OF COUNTY COMMISSIONERS OF WELD CASs, N ifil R:2,0121 35 Defendant(s) TRENTON PARKER A COURT USE ONLY A Case Number: 2012O 335 'Division: B Courtroom: Order: Order for Daily Penalties The motion/proposed order attached hereto: GRANTED. Issue Date: 6/11/2014 CHARLES S UNFUG County Court Judge 4119732 Pages: 5 of 7 06/29/2015 10:58 AM R Fee:$0.00 Page1of1 Recorder, Weld County CO Carly Koppes, Clerk , VIII land ; �k AA III I 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 I11E COUNTY OF WELD, STATE OF COLORADO, A FOR COURT USEONLY Plaintiff, TRENTON PARKER, Case Number: 12C335 Defendant. Division: B ORDER FOLLOWING HEARING FOR DAILY PENALTIES 1. The matter came on for a hearing on 05/29/14, and was continued to 06/09/14 and again to 06/10/14. Mr. Bob Choate appeared on behalf of the Plaintiff. Defendant appeared without counsel. Plaintiff presented and the Court admitted Exhibits I through 10. The Court heard and considered the testimony of Plaintiff's witness Bethany Pascoe, and Defendant's witnesses James Betting, Joe Daniluk, and Ray Jacquez. The Court is appraised in the premises and makes the following findings and orders. 2. The complaint was filed on May 8,2012 alleging that Defendant is the owner and/or occupant of the subject property located at 17200 County Road 8, Brighton, Weld County, Colorado,and alleged that the property was in violation of Weld County's zoning code in the following ways: the presence of more than one commercial vehicle without an appropriate permit, the presence of one or more mobile homes on the property without an appropriate permit, and the presence of a noncommercial junkyard without appropriate permit or screening. FINDINGS OF FACT 3. Defendant's property is being used in violation of the Weld County Zoning Code as a parking lot for ears and mobile structures and junk. No permit has been obtained for the manufactured structures or the commercial vehicles. The property contains junk in an open field, as shown in Exhibits 4 and 10. The manufactured structures also constitute junk. The vehicles that are in various states of repair also constitute junk. The property remains in the same condition as it did on the date that this Court ordered a default judgment against Defendant on December 17, 2013. ISSUE 4. The issue is whether the unlawful activity or condition exists, and continues, on the subject property. PRINCIPLES OF LAW 5. Mobile Home and Construction Trailer are terms defined in Weld County Code(WCC) §23- 1-90. The mobile homes/manufactured structures like the ones currently existing on Defendant's 4119732 Pages: 6 of 7 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO VIII li!raNIV; N EOM 1111 property may he permitted in the A (Agricultural)zone district pursuant to WCC Chapter 23, Article IV, Division 4, if a permit is issued by the Weld County Department of Planning Services. 6. Commercial Vehicles are defined in WCC §23-1-90. One commercial vehicle may be an allowed use in the A (Agricultural) zone district pursuant to WCC §23-3-30 if an appropriate permit is issued by the Weld County Department of Planning Services. 7. Junk and Noncommercial Junkyard are terms defined in WCC §23-1-90. A noncommercial junkyard must be enclosed in a building or screened from adjacent properties and public rights of way pursuant to its definition found in WCC §23-1-90. 8. "Each day atter the issuance of the order of the county court during which such unlawful activity continues shall be deemed a separate violation and shall, in accordance with the subsequent provisions of this section, be the subject of a continuing penalty in an amount not to exceed one hundred dollars for each such day." C.R.S. §30-28-124.5(1) and WCC §23-10-40(A). CONCLUSIONS OF LAW AND ORDER 9. The property and the defendant are in violation of the Weld County Code. That violation is continuing. Pursuant to Colorado statute and Weld County Code each violation "shall"be the subject of a continuing daily penalty. 10. An appropriate penalty is $100.00 per day. 11. Therefore, the defendant is liable for the daily penalty of$100.00 for each day commencing December 17, 2013. As of June 10, 2014, the accrued daily penalty is $17,300, calculating $100 per day for 1 73 days. The daily penalty will continue to accrue until such time that the Defendant brings the property into compliance with the Weld County Zoning Code. 12. The penalty may be collected according to law. If in the future the parties do not agree on the cessation of the daily penalty, after the Defendant claims to the County in writing that the property and Defendant are no longer in violation,and after the parties have attempted to resolve the date of cessation in good faith, either party may apply to the Court for a hearing on determining when the daily penalty should cease. DONE BY TILE COURT this day of June, 2014. CI IARLES UNFUG County Court Judge 4119732 Pages: 7 of 7 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County. CO ■III !��I �R�+a�htil��'�L��+� ,�ikti�:�wa��L��F'�,��1��, 1I III Hello