HomeMy WebLinkAbout20141543.tiff It • •
RESOLUTION
RE: ACTION OF THE BOARD CONCERNING CERTIFICATION TO THE WELD COUNTY
TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT -
LA SALLE RENTAL PROPERTIES, LLC, C/O HERSHEL HOLLOWAY
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 La Salle Rental
Properties, LLC, and its owner Herschel Holloway, claiming that Defendants' property was in
violation of the Weld County Code, and
WHEREAS, the County Court found the Defendants' property to be in violation of the
Weld County Code; specifically, Defendants have operated a business without any land use
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
$100.00 for each day that the property remained in violation of the Weld County Code,
beginning on February 3, 2014, and
WHEREAS, the property has not been brought into compliance with the Weld County
Code, and
WHEREAS, the daily penalty assessed by the Court order between February 3, 2014,
and May 21, 2014, is $10,800.00, and
WHEREAS, Section 30-28-124.5(1), C.R.S., and Weld County Code Section 23-10-
40.A. allow these costs to be assessed against the property and collected as a special
assessment by the Treasurer.
CG c.A (15 )t )-PLOSIS�
L— / 7-2ol-1
4047982 Pages: 1 of 5
09/23/2014 01 :54 PM R Fee:$0.00
Steve Moreno. Clerk and Recorder. Weld County. CO �I III 2014-1 543
VIII M!�1�L'Z�a�4h41�a1;k!ri N1 PAC IL1,,@Tiki'IYLr� PL0824
N • •
ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT- LA SALLE RENTAL
PROPERTIES, LLC
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, hereby deny the Certification of $10,800.00 to the Weld County
Treasurer to be collected as a special assessment because the fines have been paid.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of May, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: C�
C// G$ Douglas R emache�r, air
Weld County Clerk to the Board
Os
n • Barbara Kirkmeyer, Pro- em
BY: (aQQ( ,th yoardr JL2�
t De uQ Clerk to the Board 3
Sean P. Conway
APPR6VV AS FORM: i►_!
ike Free�rraR
aunty Attorney _
/" E illiam F. Garcia
Date of signature: 1fib7
IA61te
`•a`` 4 1♦
32
4047982 Pages: 2 of 5
09/23/2014 01 :54 PM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
�IIIM 1��YLhr, I�r' 1;W4�IR;14H�tVI'iU14,1H�LIYl4� 11111 2014-1543
PL0824
, w • •
WELD COUNTY ATTORNEY'S OFFICE
1$61 1150 O STREET
j P.O. BOX 758
' � � r2 .! - GREELEY, CO 80632-0758
WEBSITE: www.co.weld.co.us
♦ ' PHONE: (970) 336-7235
3 G O N T Y FAX: (970) 352-0242
NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER;
Herschel Holloway May 8, 2014
La Salle Rental Property LLC
37565 County Road 69
Briggsdale, CO 80611
Mr. Holloway,
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.
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 February 3, 2014, and continuing until the zoning violation is removed from the
property. (Order Attached).
At public hearine on May 21, 2014. at 9:00 a.m., the Weld County Board of County
Commissioners will determine whether to certify the daily penalties for the period between
February 3, 2014 and May 21,2014. This period totals 108 days and $10,800.00.
The total request at the hearing will be$10,800.00. Such lien would have priority over all other
security interests, except for taxes. In addition to the $10,800.00, the Weld County Treasurer's
fee may increase the lien by 10%, 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. Please feel free
to contact me with any questions. Please note that the daily penalty will continue to accrue until
the property is brought into compliance with the Weld County Code.
Respectfully
57\6 N
Bob Choate
Assistant Weld County Attorney
• 4047982 Pages: 3 of 5 2014-1543
09/23/2014 01:54 PM R Fee:$0.00
Steve Moreno, Clerk and Recorder, Weld County, CO
■III fd��1AL1�4, i ,
I��1t�hfiP �lf�lAl��rW �, ■I III
•
•
COUNTY COURT,WELD COUNTY,COLORADO
Court Address:
915 10th Street, Greeley,CO, 80632
Plaintiff(s) BOARD OF COMMISSIONERS WELD COUNTY DATE PILED:February 5,2014 9:58 AM
CASE NUMBER:2012CR66
v.
Defendant(s) LASALLE RENTAL PROPERTY ONE LLC et al.
Q COURT USE ONLY L
Case Number: 2012C 886
Division: C Courtroom:
Order on Plaintiff's Motion for the Imposition of Daily Penalties
The motion/proposed order attached hereto:GRANTED.
The Court also found non-compliance with the last stipulation.
Issue Date: 2/5/2014
RANDALL CRAIG LOCOCO
Magistrate
4047982 Pages: 4 of 5
09/23/2014 01 :54 PM R Fee:$0.00
Steve Moreno. Clerk and Recorder, Weld County, CO
1111 ��ll�'kl`�'i ,'4 '.Ci Nrti.WU II II
Page 1 of 1
! •
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038,
Greeley, Colorado 80632
Phone Number:(970)475-2400
Board ofCounty Commissioners of Weld County, State of
Colorado,
Plaintiff
v.
LaSalle Rental Property, LLC and Herschel Holloway, A FOR COURT USE ONLY
Defendants.
Case Number: 12-C-886
Division: C
ORDER IMPOSING DAILY PENALTY
The Court, having considered the stipulations of the parties made orders by the Court on January 7,
2013, and September 12,2013, respectively, and after hearing testimony of Ms. Pascoe and Mr. Pier, makes
the following findings and conclusions of law: -
FINDS, by a preponderance of the evidence:
1. That a violation of a regulation or zoning provision of the Weld County Code has occurred; AND
2. That such violation has not been removed or abated as of the February 3, 2014.
And ORDERS:
I. Pursuant to C.R.S. 30-28-124.5(I)and Weld County Code Sec. 23-10-40.A, Defendants shall pay a
daily penalty of$I00.00, beginning on February 3, 2014 until such time as the violation is removed or abated.
Defendants have the duty to arrange an inspection of the property by Plaintiff. Upon inspection, if the
violation has been removed or abated, Plaintiff shall file notice of such with the Court with a request to vacate
further daily penalties and dismiss the case.
• So Ordered
Magistrate Randall Lococo Date
4047982 Pages: 5 of 5
09/23/2014 01:54 PM R Fee:$0.00
Steve Moreno: Clerk and Recorder, Weld County, CO
VIII kiFAITi�lf�tik��':���'��k�i l��� OE, l��l����
Hello