HomeMy WebLinkAbout20150209.tiff RESOLUTION
RE: CONSIDER CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ARTURO CORRAL, AKA
CORRAL ENTERPRISES LLC
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 Arturo Corral, AKA
Corral Enterprises, LLC, 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 is operating a commercial business on the property
and has not completed a Site Plan Review allowing the commercial business, 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 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, 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 $13,700.00 to the Weld County
Treasurer to be collected as a special assessment for the daily violation penalty from August 4,
2014, through December 19, 2014.
4083140 Pages: 1 of 2
02/12/2015 02:55 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
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PL0824
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES -ARTURO CORRAL, AKA CORRAL ENTERPRISES LLC
PAGE 2
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
WELD COUNTY, COLORADO
ATTEST: 4≤14aC1z/L- (AYE)
rbara Kirkmey , Chair
Weld County Clerk to the Board
0 a u—ice-La— (AYE)
• Mike Freeman, Pro-Tem
BY: (JILL) hh
De u(tClerk to the oard c (NAY)
Sean P. Conway 0 APPROVED AS TO FORM: lEI[ �� (AYE)
`ulie A. Cozad
County Attorney 'J:= �L AYE)
Ivy eve Moreno
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Date of signature: 1'/2/ /
4083140 Pages: 2 of 2
02/12/2015
Z Koppes,OCle h a ndM R Recorde$0�00d County, CO lif NO ll l'.41/444
2015-0209
PL0824
WELD COUNTY ATTORNEY'S OFFICE
1861 1150 O STREET
P.O. BOX 758
11 � GREELEY, CO 80632-0758
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
COUNTY FAX: (970) 352-0242
NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER;
Arturo Corral January 5, 2015
AKA Corral Enterprises LLC
7719 W 11th Street
Greeley, CO 80634
Mr. Corral,
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 August 4, 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 August 4, 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
August 4, 2014 and December 19,2014. This period totals 137 days and $13,700.00. 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 $13,700.00. Such lien would have priority over all other security
interests, except for taxes. In addition to the $13,700.00, 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.
Res e fully
Frank N. Haug
Assistant Weld County Attorney
2015-0209
COUNTY COURT, WELD COUNTY, COLORADO
Court Address 915 Tenth Sheet,P.O. Bca 2038,
Greeley, Colorado 80632
Phone Number: (970) 351-7300
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
ARTURO CORRAL
AKA CORRAL ENTERPRISES LLC, ❑ FOR COURT USE ONLY O
Defendants.
Bob Choate, Assistant Weld County Attorney
1150"O' Street
P.O. Box 758
Greeley, CO 80632 Case Number:
Division:
Phone Number: (970) 336-7235
Fax Number (970) 352-0242
E-Mail: bchoate@co.weld.co.us
Attorney Registration #40588
COMPLAINT UNDER SIMPLIFIED CIVIL PRO CEDURE
COMES NOW the Plaintiff, by and through its attorney, the Assistant of Bruce T. Barker, Weld
County Attorney, below-named, and for its Complaint against Defendants
ARTURO CORRAL AKA CORRAL ENTERPRISES, LLC, and alleges as follows:
1. ARTURO CORRAL AKA CORRAL ENTERPRISES, LLC, Defendants with post office address of
7719 W 11 ST, City of GREELEY, State of CO.
2. The amount claimed herein does not exceed the jurisdiction of the court.
3. This action is brought pursuant to G.R.S. Sec. 30-28-124.5 and Section 23-10-40 of the Weld
County Code, to enforce the Weld County Code Zoning provisions through the imposition of Civil
Penalties in an amount of NOT LESS THAN $25.00 and NOT MORE THAN $1,000.00. Each day after
the issuance of the order of the Court, that the unlawful activity described below continues shall be
deemed a separate violation, and shall be subject to an ADDITIONAL Civil Penalty of NOT MORE
THAN $100.00 for each such day.
4. Defendants own or occupy property located in Weld County Colorado, which is described as set
forth in Exhibit A, a copy of which is attached hereto and made a part thereof.
5. Plaintiffs claim arises from the following condition(s) or activities which exist on Defendants'
property:
Ii
Chapter 23,Article II(2), Division 3 of Section 23-2-150.C and Chapter 23,Article 111(3), Division 3 of Sections
23-3-230 C-3,23-3-230.6, 23-3-230.6.4.23-3-230.B.10 and 23-3-230.6.11 of the Weld County Code.
In order to operate a commercial business or to store commercial vehicles or supplies, a Site Plan Review(SPR)
application is required to be submitted and recorded, if approved.
6. The Defendants are not in the military service of the United States. In support of this
statement, the Plaintiff sets forth the following facts:
Bethany Salzman, Zoning Compliance Officer, indicates that she spoke to Mr. Corral over the
phone and he did not indicate any military affiliation.
7. No jury trial is allowed under the Colorado Rules of Civil Procedure, nor by Statute for this case.
B. If the Weld County zoning code violation has been cured or otherwise removed at least five (5)
days before the appearance date set forth on the Summons,the County Attorney shall inform
the Court and shall request that that action be dismissed without penalty or appearance of the
Defendant.
WARNING: ALL FEES ARE NON-REFUNDABLE.
BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF WELD, STATE OF
COLORADO, Plaintiff
ADDRESS OF PLAINTIFF: BRUCE T. BARKER
1150 "O" Street WELD COUNTY ATTORNEY
P.O. Box 758
Greeley, CO 80631 �
By: TA �" -'-`
BOB CHOATE # 40588
Assistant Weld County Attorney
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EXHIBIT "A"
WARRANTY DEED
This Deed,made October 31,2011
Between the Dale L.Majors Family Trust dated November 10,2009 of the County Weld,State of
COLORADO,grantor(s)and
Corral Enterprises,LLC,a Colorado limited liability company, whose legal address is 7719 W.
I I'Street,Greeley,CO 80634 County of Weld,and State of COLORADO,grantee.
WITNESS,That the grantor,for and in the consideration of the sum of TWO HUNDRED SIXTY THOUSAND
DOLLARS AND NO/100'S(5260,000.00)the receipt and sufficiency of which is hereby acknowledged,has
granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm,unto the
grantee,their heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in
the County of Weld,State of COLORADO described as follows:
See Exhibit A attached hereto and made a part hereof.
also brown by street and number as 127, 131,207 E. 18th Street,Greeley,CO 80631
TOGETHER with all and singular hereditanwhts and appurtenances,thereunto belonging,or in anywise appertaining,
and the reversion and reversions,remainder and remainders,rents issues and profits thereof,and all the estate,right,
title,interest,claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained
premises,with the hereditaments and appurtenances.
TO HAVE AND TO HOLD said premises above bargained and described,with the appurtenances, unto the grantee,
his heirs and assigns forever.And the grantor,for himself,his heirs and personal representatives,does covenant,grant,
bargain and agree to and with the grantee,his heirs and assigns,that at the time of the arresting and delivery of these
presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of
inheritance,in law,in fec simple,and has good right,MI power and lawful authority to grant,bargain,sell and convey
the same in manner and form as aforesaid, and that the same are free and clear from all former and other pants,
bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind of nature so ever,except for
taxes for the current year, a lien bat sot yet due and payable, and those specific Exceptions described by
reference to recorded documents as reflected in the Tide Documents accepted by Buyer in accordance with
section 8.1(Title Review)of the contract dated August 23.2011,between the parties.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and
peaceable possession of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the
whole or any pan thereof. The singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this on the date set forth above.
SELLER:
the Dale L.Majors Family Trost dated November 10,
2009
•
Evelyn odors,'
doors CCo-Tiria7:r7-cv
1,e4hL
Dianne Elizabeth Enaliman,Co-Trust
STATE OF COLORADO }ss:
COUNTY OF WELD
The foregoing instrument was actmowledged,subscribed and sworn to before me October 31,2011 by Evelyn E.Majors
and Dianne Elizabeth Engelman,Co-Trustees of the Dale L Majors Family Trust dated November 10,2009.
Witness my hand and official seal. ,�/{( �(�
pu0lih _ r r x-- s
w�c'iit Notary Public
f nlEONDA it My Commission expires: I O 1—i•('-(
S I suALANoniitted
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Wdce.p Ii ‘lFOF CpV��t/ ESCROW NO./a9.Ne3r'W9. .,,
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All that part of Lot 6 of the NW V.of the SW Y.of Section 9,Township S North,Range 65 West of the 6e P.M.,County of Weld,
State of Colorado,according to the subdivision of lands by the Union Colony of Colorado,more particularly described as follows:
Beginning at the Southwest coma of said Lot 6;
Thence Easterly along the South line of said Lot a distance of 310 feet;
Thence Northerly parallel to the East line of Lot 6 a distance of 282 feet;
Thence Westerly parallel to the South line of said Lot to a point on the West line of said Lot 6,282 feet distance from the Point of
Beginning;
Thence Southerly along the West line of said Lot 6 a distance of 282 feet to the PLACE OP BEGINNING;
EXCEPT Right of Way as conveyed by Deed recorded in Book 157,Page 276,Weld County Records.
EXCEPT a parcel of land as conveyed by deed recorded in Book 1392,Page 197,Weld County Records.
EXCEPT any portion thereof lying within the land conveyed by Quit Claim Deed recorded July I2,1985 at Reception Number
2016914.
PARCEL TWO:
All that part of Lot 6 of the NW'of the SW'4 of Section 9,Township S North,Range 65 West of the 6e P.M.,County of Weld,
State of Colorado,according to the subdivision of lands by the Union Colony of Colorado,more particularly described as follows:
Beginning at a pointon the North right of way line of U.S.Highway No.34,90 feet East measured along said North right of way
line from the West line of said Lot 6;
Thence North along a line parallel to the West line of said Lot 6,100 feet;
Thence East along a line parallel to the North right of way line of U.S.Highway No.34,150 feet;
Thence South along a line parallel to the West line of said Lot 6,100 feet to the North right of way line of U.S.Highway No.34,
Thence West along said North line of U.S.Highway No.34, 150 feet to the PLACE OF BEGINNING,
EXCEPT Right of Way as conveyed by Deed recorded in Book 187,Page 276,Weld County Records.
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 THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
ARTURO CORRAL,
Defendant.
Bob Choate, #40588, Assistant Weld County Attorney ❑ FOR COURT USE ONLY O
1150"O" Street, P.O. Box 758
Greeley, CO 80632
Phone Number: (970) 336-7235
Fax Number: (970)352-0242
E-Mail: bchoate@co.weld.co.us
Case Number: 12-C-774
Defendant(s) Division: C
Name:Arturo Corral
Address: 7719 W 11th St,Greeley, Co 80634
Phone No.: 303-478-7785
E-Mail: acorra102@gmail.com
MOTION,STIPULATION,AND ORDER
COMES NOW the Plaintiff, by and through its attorney, and Defendant(s), 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 Defendant, Arturo Corral is the owner of property described as: Part of Lot 6, Union Colony
Subdivision,also known as part of the NW4SW4 of Section 9,Township 5 North,Range 65 West of the 6th
P.M., Weld County,Colorado,also known by street and number as: 207 E 18`h St, Greeley, Colorado 80631.
3. There have been violations of the Weld County Code Chapter 23,regarding storage and/or operation of
a commercial trucking company along with other businesses without first obtaining a Site Plan Review(SPR)
permit, as stated in the Complaint.
4. Defendant(s) acknowledges that it is possible to correct the violations on the property, and Defendant(s)
has the present ability to comply with the terms of this stipulation.
5. Defendant(s) agrees to complete the following actions by the following dates:
• Defendant agrees to submit a complete Site Plan Review(SPR) application to the Department of
Planning Services by March 8, 2013.
• Defendant agrees to complete all Conditions of Approval and submit a final Site Plan Review plat
to the Department of Planning Services by July 8, 2013.
• Defendant(s) agrees 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 a financial penalty in the amount of$25.00. 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 tares are
collected The penalty may be paid by cash,check or credit card to Weld County.
6. Defendant(s) also agrees:
• 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:
• Not to petition this Court requesting the imposition of daily penalties as long as Defendant is otherwise
in compliance with this stipulation.
• To file a motion to dismiss this case, if Defendant complies with the terms of this stipulation.
8. REVIEW DATE. The parties request this Court set a review hearing at 9:30 a.m.on August 5, 2013.
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
WELD EL COUNTY, COLORADO, Defendant
" t C 42— /7/6,-/Z
BOB CHOATE #40588 Date
Assistant Weld County Attorney
[ ] The foregoing Motion and Stipulation is GRANTED and ACCEPTED.
[ ] Review date set for [as stated in paragraph 8].
SO ORDERED.
Date Judge
RID:C0622012C 000774-000020
Print Minute Orders 8/12/14 7:34 AM
Status: CLSD County Court, Weld County
Case #: 2012 C 000774 Div/Room: C Type: Other
BOARD OF COMMISSIONERS WELD COUNTY vs. CORRAL, ARTURO et al
FILE DATE EVENT/FILING/PROCEEDING
8/04/2014 Minute Order (print)
JUDGE: RCL CLERK: REPORTER:
COMES ON FOR MTN HEARING - FTR 11:35:36 - 11:42: 16
CTY ATTY APPEARS - DEF FTA - PTF ADVISES IN VOLATION OF CODE -
KIM OGLE S/T FTR 11: 38:26 - 11:38:35
COURTS FINDINGS AND ORDERS COURT FINDS IN VIOLATION W/DAILY PENALTY - COURT
AWARDS DAILY PENALITY $100 FOR EACH DATE STATING 8/4/14 - /JLW
PAGE 1
COUNTY COURT,WELD COUNTY, COLORADO
Court Address: 915 10°Street, Greeley, CO 80631
Mailing address: P O Box 2038, Greeley CO
BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO,
Plaintiff, 1
V. 1
4. COURT USE ONLY *
ARTURO CORRAL AKA CORRAL ENTERPRISES LLC,
Case Number: 12-C- Div C
Defendants.
SUMMONS
To the above named defendants: Take notice that
1. On December 3, 2012, at 9:30 o'clock A,M., in the Weld County Court, Greeley, Colorado, if an answer is not
filed, the court may be asked to enter judgment against you as set forth in the complaint.
2. A copy of the complaint against you and an answer form which you must use if you file an answer are attached.
You will be served with a copy of a blank form which you must use if(1)you have filed an Answer, (2)decide to
request a hearing, and (3)wish to call witness and present documentary evidence. 4!
3. If you do not agree with the complaint, then you must either:
a. Go to the court, located at 915 Tenth Street, Greeley. Colorado, at the above date and time and file the
answer stating any legal reason you have why judgment should not be entered against you, or
b. File the answer with the court before that date and time.
4. When you file your answer, you must pay a filing fee of$75.00 to the Clerk of the Court.
5. If you file an answer, you must give or mail a copy to the Plaintiff or the attorney who signed the complaint.
6. If you do not file an answer, then the court may enter a default judgment against you for the relief requested in
the complaint.
7. If you want to file an answer and you are indigent, you must appear at the above date and time, fill out a
financial affidavit, and ask the court to waive the fee. /1
Dated at , Colorado, this L9_ay of �,e Xt!20/2 .
C (
Bob Choate,Attorney for Plaintiff
1150"O" Street
P.O. Box 758
Greeley, CO 80632
Telephone Number(970)336-7235 9.
This summons is issued pursuant to Rule 303, Rules of County Court Civil Procedure, as amended. A copy of the
complaint together with a blank answer form must be served with this summons. This form should not be used
where service by publication is desired.
WARNING: ALL FEES ARE NON-REFUNDABLE.
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