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Home My WebLink About20253396 Resolution Approve Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment — Aryan Kiani 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 Department of Planning Services, filed a complaint in the Weld County Court against Defendant, Aryan Kiani, claiming that the 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, and Whereas, the Defendant failed to bring the property into compliance with the Weld County Code, in relation to County Compliance Violation, ZCV19-00192, and upon Weld County's motion, the County Court ordered the Defendant to pay $25.00 for each day that the property remained in violation of the Weld County Code, beginning on October 22, 2020, and Whereas, on the following dates, the Weld County Board of Commissioners certified daily penalties for the following amounts: • June 23, 2021 : $5,550.00 for the period of October 22, 2020, through and including May 31 , 2021 ; • November 15, 2021 : $4,175.00 for the period of June 1 , 2021, through and including November 15, 2021 ; • June 22, 2022: $4,700.00 for the period of November 16, 2021, through and including May 22, 2022; • November 14, 2022: $3,500.00 for the period of May 23, 2022, through and including October 9, 2022; • November 20, 2023: $9,350.00 for the period of October 10, 2022, through and including October 18, 2023; • October 7, 2024: $8,125.00 for the period of October 19, 2023, through and including September 7, 2024 Whereas, C.R.S. §30-28-124.5(1) and Section 23-10-40.A of the Weld County Code allows these costs to be assessed against the property and collected as a special assessment by the Weld County Treasurer. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Certification of $10,750.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from September 8, 2024, through and including November 11 , 2025 (a period of 430 days), be, and hereby is, approved. 2025-3396 PL0824 Certification to Weld County Treasurer for County Compliance Violation Penalties as Special Assessment —Aryan Kiani Page 2 The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 10th day of December, A.D., 2025: [Insert Resolution Attestation Block Post Meeting] 2025-3396 PL0824 ,1861 .r Weld County Attorney's Office jr]; I= i \ (970) 336-7235 LP r; j ' 1150 O St., P.O. Box 758 i ry *° �o'U �T Greeley, CO 80632 tenNOTICE OF HEARING November 26, 2025 KIANI ARYAN 16391 E 13' PLACE AURORA CO 80011 To Whom It May Concern, At a public hearing on December 10,2025 at 9:00 a.m., the Weld County Board of County Commissioners will determine whether to certify the continuing daily penalties against your property which have continued to accrue. The hearing will be held at the Weld County Administration Building at 1150 0 Street, Greeley, CO 80632. The hearing will address the penalties for the period September 07, 2024 up to and including November 11, 2025. This period totals 431 days for a total of$10,775.00. Please note that the daily penalty will continue to accrue until the property is brought into compliance with the Weld County Code. A lien would have priority over all other security interests, except for taxes. In addition, the Weld County Treasurer's fee may increase the lien as permitted by law. Respectfully, /17.ff:,/0110fee-,Z Adria Schiel Assistant Weld County Attorney 2025-3396 l 2./1 U PLn2-4 COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATA FILED: November 6, 2020 11:26 AM Greeley, Colorado 80632 CASE NUMBER: 2020C30918 Phone Number: (970) 475-2400 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, ❑ FOR COURT USE ONLY ❑ v. Aryan Kiani and Matthew Irvin Case Number: 20-C-30918 Division: C Defendants. ORDER IMPOSING PENALTIES FOR ZONING VIOLATIONS This matter came before the Court on October 22, 2020 for a Hearing. Plaintiff was represented by Assistant Weld County Attorney Gabriel Kalousek,and Defendants,Aryan Kiani and Matthew Irvin,were pro se. All parties and witnesses appeared in the virtual courtroom. Testimony was heard from Bethany Pascoe, Weld County Zoning Compliance Officer, Aryan Kiani and Matthew Irvin. Based upon the foregoing, this Court makes the following findings and orders: 1. This Court has jurisdiction over the subject matter and the parties herein. Defendant Aryan Kiani was properly served on February 16, 2020. Defendant Matthew Irvin acquiesced to the Court's jurisdiction and entered into a stipulation on June 8, 2020. The stipulation was adopted as an order of the Court on June 10, 2020. 2. The action is based on the Plaintiff's claims of zoning violations and Chapter 23 of the Weld County Code, as permitted by§ 30-28-124.5, C.R.S. and Weld County Code Sections 23-3-45 and 23-3-50. In the Stipulation the parties agree that there are violations of the Weld County Court"consisting primarily of Derelict Vehicles,used lumber and miscellaneous debris..." The Defendants "acknowledge that it is possible to correct the violations [and that they have] have the present ability to comply with the terms of the stipulation." In the Stipulation the Defendants agree,among other things,to 1)"cease and desist the use of campers/trailers—RV's or tents for occupancy before August 4,2020",2)"ensure all vehicles ... shall be operational and maintain current registration" or remove them, and 3) remove material constituting a "Noncommercial Junkyard." 3. At the hearing the Court took judicial notice of the Weld County Code. 4. Testimony at the hearing established the following: Defendant Aryan Kiani owns the property located at street address 0 Dunmire Street,Weld County,Colorado 80530. Defendant Matthew Irvin is a tenant and acts on behalf of Mr. Kiani to manage or control the property. Exhibits 1 — 12 show that there remain, after 8/4/20, campers /trailers —RV's being used for occupancy; there remains, after 8/4/20, material that would constitute a Noncommercial Junkyard; and there remain, after 8/4/20, vehicles with the Defendants cannot assure are operational or are currently registered. Based on testimony of Mr. Irvin and Ms. Pascoe, Mr. Irvin did take some effort to remove some of the vehicles and material by Mid-July 2020, but that others(not Defendants)brought other items onto the property. The property continues to be used in violation of Stipulation and Order. Ms.Pascoe testified that she inspected the property on August 6, 2020,September 15,2020,and October 20,2020 and it was still in violation of the stipulation. The Court admitted and considered Exhibits 1 through 12. Exhibits 1, 5 and 9 all show the same painted RV that appeared to be in the same position each time Ms. Pascoe visited the property. Defendants testified that the items on the property are not theirs. Ms. Pascoe testified that the property is still in violation despite who owns the items. The Defendants agreed to remedy the violations on the property as set forth in the stipulation,but have failed to do so. 5. There is a material breach by the Defendants of the obligations and conditions of the Stipulation and Order. 6. The parties agreed to daily penalties of$25.00 per day. ORDER 7. Plaintiff proved by a preponderance of evidence a material breach of the Stipulation and Order. 8. A$25.00 per day penalty is ordered due to breach of the Stipulation and Order. The penalty will begin on October 22, 2020 and will continued until further order of this Court. DONE THIS DAY 6 November, 2020 Magistrate This document was filed pursuant to C.R.C.P.Rule 121 §1-26. A printable version is available in the Court's electronic file. This document was served on parties and/or counsel as indicated in the Court's electronic file. WELD COUNTY GOVERNMENT WEER Department of Planning Services COUNTY,CO ZCV1 9 - 001 92; 19 - C - 30918 Aryan Kiani 331 Dunmire St., Frederick weld.gov WELD COUNTY GOVERNMENT WELDDepartment of Planning Services COUNTY CO Violations : Occupied camper/RVs & noncommercial junkyard without principal use * October 20, 2020 ($25 daily penalty imposed) * September 08, 2024 up to and including November 11 , 2025 = 430 days * $25 / Daily @ 430 days = $10,750.00 11/03/2025 last contact weld.gov WELD COUNTY GOVERNMENT ivEita.,,„.„..,- Department of Planning Services COUNTY,CO Aerial View it EDC N 500 Year ii. •� . 1 tnir yl . 120 i 100 YearAE • , i 34 7'�' �t o r 1r� ., c. �- i,i1•`i. . * :;erg W • ! #iuk F oodway RR-- t 340 i. 4,6 11 s flOb 4" 1 --0-'4:irk lt ,,, 4..- 3 0. ,=1.0 if ► , N i+ weld.gov wEita,,,,,.- WELD COUNTY GOVERNMENT =- = Department of Planning Services COUNTY,CO Zoning in the Area AIM OW 100 YearAE w I 10t ' it 11 500 Year '*1 • s .• T _ It EEO Floodway 1 @0 4, • p7 ....M.1:...I A A....,I..f..�. ,la weld.gov litutil.,,,= WELD COUNTY GOVERNMENT COUNTY,CO Department of Planning Services 04/07/2024 -•::', ,-,..t.---,' .----p,:-• . .4.1.. .-..: . ,.,.,,. . • ' ..... , .N.,_ ' -77-7'-e.- ''..-:'-•---,. . 4-4. -.-..!, . • It.: *,„. . ..._Ititt, - , . .. %P-, ';,4'4' • . ,. . , -. -- ik ,.,- - - •tz;..4( - „.,. . 4',%441,04§: -.:. ••••• -•,-,,,,:. . -, ...,.., -.,.._•44.--- -_: _ • -----77-- .." ... ..„, ,, v..,i. 44,,.... „ . ..., . _ . . - .. . ...„ ',}-; •. -.r, ' •••• -,. • - -- -, ,:2,!.;:,. ...:),....,,: 7 - , ,. , c., .... ...1. ,4'.f.-41fii .,1461erfleff'.•nilik------._ i . , . omit- r , • , .41w:dab ,,,- :, - , '''':',, '• r;'•1111"1-1.6.- - 3 3 . 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'•N:.,.',.,,. 6:. ... ___________ . ....mininiimm.............................___ :Z.........--1.g0V WELD COUNTY GOVERNMENT " =- Department of Planning Services COUNTY,CO 11 /26/2025 12/02/2025 i iti rt.y • ' u }c �7�t rrd �Cr(i1 � I v S6s r� "i• t i It,0, 9, ;la, , • r R to •.tp I.t •I. F r .rye- r � \ i • - -.__ • • 1111 • • a ` \ 12/02/2035 4, "" �` � i•x <e , ., weld.gov Hello