HomeMy WebLinkAbout20150207.tiff RESOLUTION
RE: APPROVE CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT -TRENTON PARKER
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, Defendant's property contained the existence of a
noncommercial junkyard, multiple non-permitted commercial vehicles, and non-permitted mobile
structures, and
WHEREAS, Defendant has 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
$100.00 for each day that the property remained in violation of the Weld County Code,
beginning on December 19, 2013, and
WHEREAS, the property is still in violation of the Weld County Code, and Defendant has
not brought the property into compliance, and
WHEREAS, the initial penalty assessed by the Court was $1,000.00, and the daily
penalty assessed by the Court order between December 19, 2013, and August 10, 2014, is
$23,500.00, and
WHEREAS, the daily penalty assessed by the Court order between the period of
August 10, 2014, to December 19, 2014, is $13,000.00, 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.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, hereby approves the Certification of $13,000.00 to the Weld County
Treasurer to be collected as a special assessment.
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Carly Koppes, Clerk and Recorder. Weld County, CO 2015-0207
■IIIMIrIIWTUIDNIlillti:lt«VifiJ Mii)tii1,1 ■1III PL0824
CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT -TRENTON PARKER
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of January, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
ATTEST &J'n &<- (AYE)
„(�p;� arbara Kirkmey , Chair
Weld County Clerk to the Board
(AYE)
Mike Freeman, Pro-Tem 6\00 341
D pu Clerk to th Board (NAY)
Sean P. Con ay
IEL /
APPROVED AS TO FOR �y ; ��� _� AYE
u ie Aj//.��C�o a
j-w ,��� �
County Attorney /i'C-rte (AYE)
Steve Moreno
Date of signature: Vz `SEMI./
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Carly Koppes. Clerk and Recorder, Weld County, CO
■IIIMI�1N4*li��rl LA UP ■IIII
2015-0207
PL0824
WELD COUNTY ATTORNEY'S OFFICE
1861 1150 O STREET
5� r P.O. BOX 758
GREELEY, CO 80632-0758
WEBSITE: www.co.weld.co.us
J �� ✓� !I L'�I! �� PHONE: (970) 336-7235
COUNTYl FAX: (970) 352-0242
NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER;
Trenton Parker January 5, 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 19,2014,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
August 10, 2014 and December 19, 2014. This period totals 130 days and $13,000.00. 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 $13,000.00. Such lien would have priority over all other security
interests, except for taxes. In addition to the $13,000.00, 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.
Respgctfully 2
Frank N. Haug
Assistant Weld County Attorney
2015-0207
COUNTY COURT, WELD COUNTY, COLORADO
Court Address:
915 10th Street, Greeley, CO,80632
U.\' I [uric I !. 1nI 2_=1 I'\I
Plaintiff(s) BOARD OF COUNTY COMMISSIONERS OF WELDAC�IRIR.3u:2( ;t_
v.
Defendants) TRENTON PARKER
A COURT USE ONLY A
Case Number: 2012C 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
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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, A FOR COURT USE ONLY
Plaintiff,
v.
TRENTON PARKER, Case Number: I 2C335
Defendant.
Division: B
ORDER FOLLOWING HEARING FOR DAILY PENALTIES
I. 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 1 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 cars 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
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property may be 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.
h. 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 after 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.
II. Therefore, the defendant is liable for the daily penalty of S 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 173 days. The daily penalty wilt 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 THE COURT this day of June, 2014.
CHARLES UNFUG
County Court Judge
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