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Home My WebLink About20140423.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 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, (2013-1287), and a certification of $910.00 for the daily penalties accruing between May 30, 2013 and August 28, 2013, and WHEREAS, daily penalty assessed by the Court order between August 29, 2013, and February 12, 2014, is $1,680.00, 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, hereby approves the Certification of $1,680.00 to the Weld County Treasurer to be collected as a special assessment. -CO / 4023722 Pages: 1 of 5 CC: ` O 083' 06/1Steve Moreno, 11:36 n R order. Weld '(,/j LS6" 2014-0423 Steve Moreno Clerk and Recorder, Weld County, CO I IIII PA PE NON:k t�u�nl Mrs! R! F4 ti I��h II III to/a5 P-0823 CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS SPECIAL ASSESSMENT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of February, A.D., 2014. BOARD OF COUNTY COMMISSIONERS ��,/ 1 WELD COUNTY, COLORADO f ATTEST: j J k .�ICllo:a u a R cQ Una cL& Douglas7Radema her, Chair Weld County Clerk to the Board kk a Ki ey ,kro-�� n n rbara Kirkmeyer, ro-Tem BY: Q�(1R�QQY•J9-CQltt Dep Clerk to the Board EXCUSED Sean P. 7ED ORM: William F. Garcia ounty Attorney-.os Michael Freeman Date of signature: a •91D•/]t ` INcest `terFir 41,7 �% •' Nlive ��I 4023722 Pages: 2 of 5 06/16/2014 11:36 AM R Fee:$0.00 2014-0423 Steve Moreno, Clerk and Recorder. Weld County, CO VIII w!r1P1IM.p Plifj'Ifs:kii: k VOAPIIIk00, 11111 PL0824 • • • -45 COUNTY COURT, WELD COUNTY, COLORADO it N W r! u Greeley,Colorado 80632 , .._ Court Address:915 Tenth Street,P.O.Box 2038, k-6.-1;3; ,.i U LOUR TS' Phone Number: (970)351-7300 1011 OCT l i A rl BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. JOSE FRANCO and ROSA PEREA, FOR COURT USE ONLY U 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: I. 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, 20I2,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. rdered /r//7772— agistrate andall oco Date 4023722 Pages: 3 of 5 2014-0423 06/16/2014 11:36 AM R Fee:$0.00 Steve Moreno Clerk and Recorder, Weld County, CO ��INS dral',�1 alli ' IVOlI�R �''��GaL'�L'I ��rY�,l)� ��II I PLC SZ L1 • • _ _ 18 6 I - 20 I I WELD COUNTY ATTORNEY'S OFFICE P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 WE L ► eo NT Y FAX: (970) 352-0242 u NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER; Jose Franco January 6,2014 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 nubile hearing on February 12,2014,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 28, 2013 and February ry 12, 2014. This period totals 168 days and$1,680.00. Please note that the daily penalty will continue to accrue until the property is brought into compliance with the Weld County Code. 4023722 Pages: 4 of 5 06/16/2014 11:36 RM R Fee.$0.00 Steve Moreno. Clerk and Recorder, Weld County, CO ��Ml�1�lIM14rltI�0�� +�E�wki+�,Kf N41114DA1v111111 • • The total request at the hearing will be$1,680.00. Such lien would have priority over all other security interests,except for taxes. In addition to the$1,680.00,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, *t Bob Choate Assistant Weld County Attorney 4023722 Pages: 5 of 5 06/16/2014 11:36 AM R Fee:$0.00 Steve Moreno, Clerk and Recorder, Weld County. CO Ell K M 01W1i0:11JLDIJV :AKINI,ilik 1I III Hello