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Home My WebLink About20151633.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 Defendants Roger Lee Hi ll and Sheryl Kay Hill, claiming that Defendants 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 a noncommercial junkyard, a commercial business without appropriate land use permits, multiple commercial vehicles, and two cargo containers without building permits, and WHEREAS, Defendants 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 October 21, 2013, and WHEREAS, the Board of County Commissioners previously approved the certification of $2,130.00 to the Weld County Treasurer for the daily penalties accruing period between October 21, 2013, and May 21, 2014, and WHEREAS, the Board of County Commissioners previously approved the certification of $800.00 to the Weld County Treasurer for the daily penalties accruing period between May 22, 2014 and August 10, 2014, and WHEREAS, the Board of County Commissioners previously approved the certification of $1,310.00 to the Weld County Treasurer for the daily penalties accruing period between August 11, 2014, and December 19, 2014, and WHEREAS, the daily penalty assessed by the Court order between December 20, 2014 and May 7, 2015, is $1,380.00, 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, hereby approves the Certification of fines in the amount of $1,380.00 to the Weld County Treasurer to be collected as a special assessment, be, and hereby is, approved. 0.0_, :110/z 4119735 Pages: 1 of 7 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO gill 1�" ■�"� r � N J: �'1 �� i J r1 i i 2015-1633 PL0824 CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ROGER AND SHERYL HILL 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: detileti jide,64 d ^— (AYE) . Barbara Kirkmeyer, Chair Weld County Clerk to the Board (AYE) BY: Mike Freeman, Pro-Tem D . 3 Clerk to the :oard , �" (NAY) E ildz Sean P. Conway J APPROV AS TO FOR . , ^ ` do7(- / (AYE) 1861 k 'Julie A. Cozad County Attorney :� j�"r` t 714--e-,-*112-..-fre7- (AYE) ®�WI Steve Moreno Date of signature: /ate ,.irn 4119735 Pages: 2 of 7 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO *ill l III 2015-1633 PL0824 I ROBERT J. FRICK 1861 r s '.. �, WELD COUNTY ATTORNEY DEPARTMENT OF LAW Assistant County Attorneys Bob Choate* Mari Deminski * Linda Goff*Tomi Hanson ( COUNTY Frank Haug*Amanda Larson *Thomas Joaquin * Brad Yatabe NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER Roger Lee Hill May 12, 2015 Sheryl Kay Hill 25056 County Road 76 Eaton, CO 80615 Mr. and Mrs. Hill, 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 October 23, 2013, 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 $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 public hearing on May 21, 2014, at 9:00 a.m., the Weld County Board of County Commissioners approved the certification of these daily penalties to the Weld County Treasurer in accordance with Weld County Code §23-10-40.A. The Board certified the daily penalties for the period between October 21, 2013 and May 21, 2014, for a total of 213 days and$2,130.00. At a public hearing on September 10, 2014 the Board certified daily penalties for the period between May 22, 2014 and August 10, 2014,for a total of 80 days, and $800.00. At a public hearing on January 19, 2015 at 9:00 a.m.,the Weld County Board of County Commissioners approved the certification of these daily penalties to the Weld County it Treasurer in the amount of$1,310.00. i At a public hearing on June 8,2015, at 9:00 a.m., the Weld County Board of County Commissioners will 8 y determine whether to certify the continuing daily penalties. The hearing will be held at the Weld T1 County Administration Building at 1150 O Street, Greeley, CO 80632. The hearing will address the o penalties for the period between December 20, 2014 to May 7, 2015. This period totals 138 days and $1,380.00. Please note that the daily penalty will continue to accrue until the property is brought into m3F- compliance with the Weld County Code. rte,2 `~ v� The total request at the hearing will be$1,380.00. Such lien would have priority over all other security c °, interests, except for taxes. In addition to the$1,380.00,the Weld County Tre%----''Fin rr,—, inrraaca 0Z7 d- 2015-1633 in ° to W "Providing quality legal services to Weld County Govern..,.,,... aNv m�-ui a responsive, innovative, and cost-effective manner." tom General Services Division Human Services Division 0'6'aC- 1150"0"Street—P.0. Box 758 315 N. 11`h Avenue— P.O. Box A r-aY�ti Greeley, CO 80632-0758 Greeley, CO 80632 cog;r� Phone: (970)356-4000 * Facsimile (970)352-0242 400 the lien by 3O%,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(97O) 353-61OO extension 3555. Please feel free to contact me with any questions. R pec ull Frank N. ug Assistant Weld County Attorney 4119735 Pages: 4 of 7 06/29/2015 10:58 AM R Fee:$0.00 Carly Kopoes. Clerk and Recorder. Weld County.. CO ■III!!!�1 '�!)��al 'I�r�' ;j? )!a FIRMRI+'OI � ;' tl II "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.O. Box 758 315 N. 11`h Avenue—P. 0. Box A Greeley, CO 80632-0758 Greeley,CO 80632 Phone: (970)356-4000* Facsimile(970)352-0242 FILED H COI:: - COUNTY COURT, WELD COUNTY, COLORADO 2013 OCT 22 P l 1: LiG 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, Plaintiff, v. ROGER LEE HILL and SHERYL KAY HILL, FOR COURT USE ONLY 1 Defendants. Magistrate Randall Lococo Case Number: 12-C-884 Division: C ORDER FOLLOWING HEARING ON DAILY PENALTIES MOTION The matter came on for a hearing on 10/21/13 following the County's motion and an order for a hearing issued on 07/05/13. Mr. Bob Choate appeared on behalf of Weld County. Ms. Sheryl Hill appeared, and Mr. Roger Hill did not appear. The Court is appraised in the premises and makes the following findings and orders. 1. The complaint was filed on 12/04/2012 alleging that the defendant is the property owner of the subject property located at 25056 County Road 76, Eaton, Weld County, Colorado, and alleged that the property was in violation of Weld County's zoning and/or building codes in the following ways: A noncommercial junkyard exists on the property; an unpennitted commercial business exists on the property; more than the permitted number of commercial vehicles exist on the property; and multiple cargo containers exist on the property,but have not received building permits. Prior notice was given pursuant to the Weld County Code(WCC)prior to initiating this action. The parties entered into a stipulation which was approved and ordered by the court on 01/07/2013. The Court ordered the defendants to pay an initial penalty of$25.00. The County filed a motion requesting daily penalties. The Court held the above-mentioned hearing. ISSUES 2. The issue is whether unlawful activity or condition exists, and continues, on the subject property. If so, also whether to impose a daily penalty and in what amount. FINDINGS OF FACT 3. Bethany Pasco testified as a zoning compliance officer for the County. She testified that the property contained multiple violations of the Weld County zoning and building codes. Nine (9) pictures were admitted into evidence without objection. Ms. Pasco testified to the presence of loose and baled tires, wooden debris, loose iron scraps,multiple derelict vehicles,multiple commercial vehicles, and two cargo containers that did not have building permits. The photos accurately reflected Ms. Pasco's testimony. Although Ms. Pasco testified that there had been 4119735 Pages: 5 of 7 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County, CO 1 I II I I I f'■ 1 I I VIII��1 I■��I �I��I��I ■ 1'I ��r 141■��1,4, Bill "slow"progress, she also testified that there was not much of a difference in the amount of change from the time that the complaint was first filed. 4. Ms. Hill did not present evidence. 5. Based on the testimony, the Court finds as follows. The Court is satisfied by a preponderance of the evidence, and relying Ms. Pasco's testimony, and Exhibits 1 through 9, that (1) a noncommercial junkyard exists on the property; (2) a commercial business exists on the property without an appropriate permit; (3) more than one commercial vehicle is present on the property; and (4) two cargo containers are present on the property without appropriate building permits. Defendants have not applied for or been given building permits or any"use by special review"permits for the business. PRINCIPLES OF LAW 6. A noncommercial junkyard is not a use by right in the A (Agricultural) Zone District. A noncommercial junkyard requires a Use by Special Review (USR)permit unless it is clearly an accessory to a use by right. WCC O'23-3-20; 23-3-30.1.; 23-3-40.G.; 23-3-40.S. 7. "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 ... be subject of a continuing -21 d penalty in an amount not to exceed one hundred ($100.00) for each such day. ,5 S 30 28 D()(2 ) C.R.S, and Weld County Code§23-10-140(A). ANALYSIS 8. The code prohibits unauthorized uses or structures. Based on Ms. Pasco's testimony, and Exhibits 1 through 9, a noncommercial junkyard exists on the property; a commercial business exists on the property, multiple commercial vehicles exist on the property, and cargo containers exist on the property. Defendants have not received permits for these violations as required by Chapter 23 of the Weld County Code. 9. The Court is satisfied by a preponderance that a violation exists and the defendant has created this circumstance or allowed it to exist. The property and the defendants are in violation of the Weld County Code. 10. The violation has continued since at least the filing of the complaint. 11. If a violation exists and the Court finds it to be continuing, the Court"shall"impose daily penalties. 12. Taking into consideration the length of the violation, the nature of the violation, the conduct of the defendant and Weld County code enforcement officers an appropriate daily penalty is $10.00 for each day. 4119736/29/25 Pages: 6 of 7 CarlY 06/29/2015 10:58 AM R Fee:$0.00 ,III KoIV C1'rk and Ill CONCLUSIONS OF LAW AND ORDER 13. Therefore,the defendants are liable for a daily penalty of 310.00 for each day commencing on October 21, 2013. 14. The penalty may be collected according to law. The plaintiff does not request a money judgment and the Court does not enter one. 15. 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: RrL,L LO' County Court Magistrate /t 2_ 43 Date 4119735 Pages: 7 of 7 06/29/2015 10:58 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO MIM' IM��'i Hello