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HomeMy WebLinkAbout20151635.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 Josefina Clifton 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; 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 the Defendant to pay $10.00 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 $310.00, 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 $310.00 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 herby is, approved. C C TK. /2, 4119737 Pages: 1 of 5 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County, Co 1111 EVAIMilie i+id R1G II DI 2015-1635 PL0824 CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOSEFINA CLIFTON 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, COLORADO ATTEST: detiwt) eidal; .( 11 �� (AYE) arbara Kirkmey r, Chair / Weld County Clerk to the Board nI,,, ,--(41111 c, (AYE) • Mike Freeman, Pro-Tem BY: .1OsfittiL., De Air Clerk to the and ildz Sean P. Co way APPROV D AS TO FORM� ' ` I ' 4/A) (AYE) 361 I; ��' ie A. Cozad County Attorney " ',?'"" (AYE) j \ 11Steve Moreno Date of signature: /025 4119737 Pages: 2 of 5 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder. Weld County, CO L�4LiI rJ IKI Rj AT Mirk IFIi II YLIiiI lI ll 2015-1635 PL0824 ROBERT J. FRICK I }r 1861 WELD COUNTY ATTORNEY DEPARTMENT OF LAW Assistant County Attorneys Bob Choate* Mari Deminski * Linda Goff* Tomi Hanson ,; u N ¶a Frank Haug*Amanda Larson *Thomas Joaquin * Brad Yatabe rt' • aa� NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER Josefina Clifton May 12, 2015 8431 Brighton Road #15 Commerce City, CO 80022 Ms. Clifton: 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$10.00, 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 0 Street,Greeley, CO 80632. The hearing will address the period between April 6, 2015 and May 7, 2015. This period totals 31 days and $310.00. 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$310.00. Such lien would have priority over all other security interests, except for taxes. In addition to the$310.00,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 aii amount to Weld County prior to the hearing. Alternative arrangements may be made by contacting o-t Bethany Pascoe at (970) 353-6100 extension 3555. Please feel free to contact me with any questions. Respectfully, )) f B i 0) Frank N. Haug to v� Assistant Weld County Attorney 0 0'- �o- MfXc2 2015..1635 L.Caro{ bNL� res - 3 "Providing quality legal services to Weld County Government in Go a responsive, innovative, and cost-effective manner." General Services Division Human Services Division aY NO' 1150"O" Street—P. 0. Box 758 315 N. 11th Avenue—P. 0. Box A m°N'� Greeley,CO 80632-0758 Greeley, CO 80632 o m— Phone: (970)356-4000* Facsimile(970)352-0242 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, ❑ FOR COURT USE ONLY ❑ Plaintiff, v. lOSEFINA CLIFTON, Case Number: 14-C-37301 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 fhaug@weldgov.com NOTICE OF DALLY PENALTIES YOU ARE HEREBY NOTIFIED that at a hearing which was held on Monday,April 6,2015, it was ordered by Magistrate Mark Gonzales that a daily penalty fine of $10.00 per day is to commence on April 6, 2015 and an additional financial penalty of$25.00 was also ordered. DATED this 8`" day of April, 2015. Respectfully submitted, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO ROBERT J. FRICK Wimp C( 1JN C ' A I TO NIiY 77„/ / Frank N. .Haug #41427 Assistant Weld County Attorney 4119737 Pages: 4 of 5 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, Co ■III Ir���.r��4�hL���If'!I�If��:F��,�W''N' r iI II I 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: Josefina Clifton 8431 Brighton Road#15 Commerce City, CO 80022 DATED this 8th day of April, 2015. 4119737 Pages: 5 of 5 06/2Carly oppe 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder: Weld County; CO ■���l!�1rw'iY���� ��� �ti��htir E����:������tf��4�i����l��r�� II III Hello