HomeMy WebLinkAbout20142779 RESOLUTION
RE: APPROVE CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - JOSE FRANCO AND ROSA
PEREA
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 Jose Franco and Rosa
Perea, 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' property contained an unpermitted noncommercial
junkyard, and more animals than permitted, 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 September 26, 2012, and
WHEREAS, the property is still in violation of the Weld County Code, and Defendants
have not brought the property into compliance, and
WHEREAS, the Board of County Commissioners previously approved the certification of
$2,460.00 to the Weld County Treasurer for the daily penalties accruing between September 26,
2012, and May 29, 2013, a certification of $910.00 for the daily penalties accruing between
May 30, 2013, and August 28, 2013, a certification of $1,680.00 for the daily penalties accruing
between August 29, 2013, and February 12, 2014, a certification of $970.00 for the daily
penalties accruing between February 13, 2014, and May 21, 2014, and
WHEREAS, the daily penalty assessed by the Court order between May 22, 2014, and
August 10, 2014, is $800.00, 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 $800.00 to the Weld County
Treasurer to be collected as a special assessment.
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Steve Moreno, Clerk and Recorder. Weld County, CO
VIII rdrilkailikrealVd00.1L011 Bill 2014-2779
PL0824
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CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - JOSE FRANCO AND ROSA PEREA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of September, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: , / � )co dem [ �c.ct (AYE)
dimity
. .Clto•�,e g�Ias I aemacher, Chair
Weld County Clerk to the Boar.,_a�'+�,� IELa - AYE
arbara Kirkmeyer, Pro-Tem
De. y Clerk t. the Bo '. .� � c — �• (NAY)
' ean P. Conway
APP D AS _-e .: : \9tZ p�� ' (AYE)
Mike Free
Attorney � // (AYE)
William F. Garcia
Date of signature: _
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Steve Moreno. Clerk and Recorder, Weld County, CO
I
III!rfra Wi'It�L' �I II'iKlt1L,11'a�Ki/vitriol III 2014-2779
PL0824
NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER
Jose Franco August 15, 2014
Rosa Perea
18790 Highway 392
P.O. Box 44
Lucerne, CO 80646
Mr. Franco and Ms. Perea:
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— specifically, the noncommercial junkyard shall be
restored, removed or completely screened from all adjacent properties and public rights-of-ways
and any trash shall be removed as screening is not an option for the trash. Additionally, the
number of animal units shall be reduced to three (3) or fewer due to the amount of acreage (.75).
On October 17, 2012, 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 September 26, 2012, 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 29, 2013, 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 September 26, 2012 and May 29, 2013, for a total of 246 days and $2,460.00.
At a second public hearing on August 28, 2013, at 9:00 a.m., the Board approved the
certification of daily penalties for 91 days, from May 30, 2013 to August 28, 2013, for an
additional $910.00. At a third public hearing on February 12, 2014, at 9:00 a.m., the Board
approved the certification of daily penalties for 168 days from August 28, 2013 until February
12, 2014 for an additional $1,680.00. At a fourth public hearing on May 21, 2014, at 9:00 a.m.,
the Board approved the certification of daily penalties for 97 days from February 13, 2014
through May 21, 2014 for an additional $970.00.
At a public hearing on September 10, 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 May 22, 2014 and August 10, 2014. This period totals 80 days and $800.00. Please
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Steve Moreno. Clerk and Recorder. Weld County. CO
VIII f+��1R'1?IL�till�'I�SII•J'r�!' u1�l���Gi�1��Nh�I�ilYlr�, "Ill
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 $800.00. Such lien would have priority over all other
security interests, except for taxes. In addition to the $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. Alternative
arrangements may be made by contacting Bethany Pascoe at (970) 353-6100 extension 3555.
Please feel free to contact me with any questions.
Respectfully,
Frank N. Haug
Assistant Weld County Attorney
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Steve Moreno. Clerk and Recorder, Weld County, CO
1IIIEllidNIITI4TIf 'hNYACIAIIVALti'lilid II III
COUNTY COURT, WELD COUNTY, COLORADO
pCourt Address: 915 --'
Tenth Street,P.O.Box 2038, Lam, � sll epL��S
Greeley,Colorado 80632
Phone Number: (970) 351-7300 ail OCT I ;
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BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO,
Plaintiff,
v.
JOSE FRANCO and ROSA PEREA, FOR COURT USE ONLY O
Defendants.
Case Number: 12-C-213
Division: D
ORDER ON PLAINTIFF'S MOTION FOR
THE IMPOSITION OF DAILY PENALTIES
The Court,having considered the Plaintiff's Motion for the Imposition of Daily Penalties,and
after a hearing on the matter,
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 October 15,2012.
And ORDERS:
1. Defendants shall pay a daily penalty of$10.00,beginning as of the date that Plaintiff filed its
Motion for the Imposition of Daily Penalties-September 26,2012,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.
,ScrOrdered
agistrate dall oco Date
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Steve Moreno. Clerk and Recorder, Weld County. CO
VIIIi�llUnli.��� '+.Ir �1h�JaP,r�lrl III
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