HomeMy WebLinkAbout20142778 RESOLUTION
RE: APPROVE CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT -TRENTON PARKER
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 Trenton Parker,
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's property contained the existence of a
noncommercial junkyard, multiple non-permitted commercial vehicles, and non-permitted mobile
structures, and
WHEREAS, Defendant has 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 December 19, 2013, and
WHEREAS, the property is still in violation of the Weld County Code, and Defendant has
not brought the property into compliance, and
WHEREAS, the initial penalty assessed by the Court was $1,000.00, and the daily
penalty assessed by the Court order between December 19, 2013, and August 10, 2014, is
$23,500.00, 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 $24,500.00 to the Weld County
Treasurer to be collected as a special assessment.
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Steve Moreno. Clerk and Recorder. Weld County. CO
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CERTIFICATION TO THE WELD COUNTY TREASURER OF ZONING VIOLATION
PENALTIES AS SPECIAL ASSESSMENT - TRENTON PARKER
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 n
ATTEST: G/,dti+e�1/ Gam` ..cd.,0;e1 ?Du c(<?i7 'i n M Q,.e2 (AYE)
Douglas' ademac4�nrer, Chair
Weld County Clerk to the Board
EL", tomdz-Lic c s L (AYE)arbara Kirkmeyer, ro-Tem /
BY. •
D y Clerk t' the Boa? i>8i NAY
an P. Conway
FORM: � ' AYE
AP D O FO / , (AYE)
\ 1 1 t�-c
Mike Freem
ounty Attorney /1/ AYE
William . Garci
Date of signature:
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Steve Moreno, Clerk and Recorder. Weld County. CO
�IIIM!�1AL�ih',��L+Ti' 4l'l�!IYiIL���Iw:�L' L��Lt �IIII 2014-2778
PL0824
WELD COUNTY ATTORNEY'S OFFICE
4;11861 1150 O STREET
i i ' P.O. BOX 758
P ';a r _ GREELEY, CO 80632-0758
! ' WEBSITE: www.co.weld.co.us
' PHONE: (970) 336-7235
1116•HOi
N T Yl FAX: (970) 352-0242
NOTICE OF CERTIFICATION OF LIEN TO WELD COUNTY TREASURER;
Trenton Parker August 27, 2014
422 Willow Drive
Lochbuie, CO 80603
Mr. Parker:
This letter is to provide you with notice that the Weld County Board of County Commissioners
will consider whether 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 existence of a noncommercial junkyard, multiple nonpermitted commercial
vehicles,and nonpermitted mobile structures.
On June 10, 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 yoy to pay a daily penalty
of$100.00, beginning on December 19,2013, 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 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 December 19, 2013 and August 10, 2014. This period totals 235 days and $23,500.00.
There is an additional $1,000.00 to be collected based on the Court's order of an initial penalty.
The total request at the hearing will be $24,500.00. Such lien would have priority over all other
security interests, except for taxes. In addition to the$24,500.00, the Weld County Treasurer's
fee may increase the lien as permitted by law. You may avoid this hearing and the Treasurer's
fee by paying the fuel amount to Weld County prior to the hearing. Please note that the daily
penalty will continue to accrue until the property is brought into compliance with the Weld
County Code.
Respectfully,
Cetoa4c
Bob Choate
Assistant Weld County Attorney
2014-2778
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Steve Moreno. Clerk and Recorder, Weld County, CO
101 " Ill
COUNTY COURT, WELD COUNTY, COLORADO
Court Address:
915 10th Street, Greeley, CO,80632
Plaintiff(s) BOARD OF COUNTY COMMISSIONERS OF WELD 1 i-II. 1 i11°` l t ri I 2:51I'1I
XC1 l it.?nl'(.113
v.
Defendant(s) TRENTON PARKER
A COURT USE ONLY A
Case Number: 2012C 335
Division: B Courtroom:
Order: Order for Daily Penalties
The motion/proposed order attached hereto:GRANTED.
Issue Date: 6/11/2014 anlCHARLES S UNFUG
County Court Judge
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Steve Moreno, Clerk and Recorder., Weld County: CO
VIII PaNIVii14710Wir'F Hi II III
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 OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, STATE OF COLORADO, A FOR COURT USE ONLY
Plaintiff,
v.
TRENTON PARKER, Case Number: I2C335
Defendant.
Division: B
ORDER FOLLOWING HEARING FOR DAILY PENALTIES
The matter came on for a hearing on 05/29/14, and was continued to 06/09/14 and again to
06/10/14. Mr. Bob Choate appeared on behalf of the Plaintiff. Defendant appeared without
counsel. Plaintiff presented and the Court admitted Exhibits 1 through 10. The Court heard and
considered the testimony of Plaintiffs witness Bethany Pascoe, and Defendant's witnesses James
Betting, Joe Daniluk, and Ray Jacquez. The Court is appraised in the premises and makes the
following findings and orders.
2. The complaint was filed on May 8, 2012 alleging that Defendant is the owner and/or
occupant of the subject property located at 17200 County Road 8, Brighton, Weld County,
Colorado, and alleged that the property was in violation of Weld County's zoning code in the
following ways: the presence of more than one commercial vehicle without an appropriate
permit, the presence of one or more mobile homes on the property without an appropriate permit,
and the presence of a noncommercial junkyard without appropriate permit or screening.
FINDINGS OF FACT
3. Defendant's property is being used in violation of the Weld County Zoning Code as a parking
lot for cars and mobile structures and junk. No permit has been obtained for the manufactured
structures or the commercial vehicles. The property contains junk in an open field, as shown in
Exhibits 4 and 10. The manufactured structures also constitute junk. The vehicles that are in
various states of repair also constitute junk. The property remains in the same condition as it did
on the date that this Court ordered a default judgment against Defendant on December 17, 2013.
ISSUE
4. The issue is whether the unlawful activity or condition exists, and continues, on the subject
property.
PRINCIPLES OF LAW
5. Mobile Home and Construction Trailer are terms defined in Weld County Code(WCC) §23-
1-90. The mobile homes/manufactured structures like the ones currently existing on Defendant's
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Steve Moreno. Clerk and Recorder, Weld County, CO
VIII IYi�1u,�14���6��lfi��4 y'� hM�fw���t''M1+�� tYL F, �I III
property may be permitted in the A (Agricultural)zone district pursuant to WCC Chapter 23,
Article IV, Division 4, if a permit is issued by the Weld County Department of Planning Services.
6. Commercial Vehicles are defined in WCC §23-1-90. One commercial vehicle may be an
allowed use in the A (Agricultural) zone district pursuant to WCC §23-3-30 if an appropriate
permit is issued by the Weld County Department of Planning Services.
7. Junk and Noncommercial Junkyard are terms defined in WCC §23-1-90. A noncommercial
junkyard must be enclosed in a building or screened from adjacent properties and public rights of
way pursuant to its definition found in WCC §23-1-90.
8. "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, in accordance with the
subsequent provisions of this section, be the subject of a continuing penalty in an amount not to
exceed one hundred dollars for each such day." C.R.S. §30-28-124.5(1) and WCC §23-10-40(A).
CONCLUSIONS OF LAW AND ORDER
9. The property and the defendant are in violation of the Weld County Code. That violation is
continuing. Pursuant to Colorado statute and Weld County Code each violation "shall" be the
subject of a continuing daily penalty.
10. An appropriate penalty is $100.00 per day.
I I. Therefore, the defendant is liable for the daily penalty of S 100.00 for each day commencing
December 17, 2013. As ofJune 10,2014, the accrued daily penalty is $17,300, calculating $100
per day for 173 days. The daily penalty will continue to accrue until such time that the Defendant
brings the property into compliance with the Weld County Zoning Code.
12. The penalty may be collected according to law. 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 this day of June, 2014.
CHARLES UNFUG
County Court Judge
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Steve Moreno Clerk and Recorder, Weld County, CO
VIII M1r111'7 II MI
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