HomeMy WebLinkAbout20242653.tiffRESOLUTION
RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING
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 Zoning 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
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 $8,125.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from October 19, 2023, through
and including September 7, 2024 (a period of 325 days), be, and hereby is, approved.
4988070 Pages: 1 of 2
10/15/2024 01:06 PM R Fee:$0.00 $0.00 Cc :YL(ER/NN/cv $C/N$/(4Zi, 2024-2653
Carly Koppes, Clerk and Recorder, Weld County , CO CAC$13/KM/AS) TROSORF) PL0824
1111
1011 (424
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT — ARYAN KIANI
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of October, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUOLORABO
ATTEST: dam) V ..,f�:�l�tto;,ic
Weld County Clerk to the Board
BY.
04.1)6511 • itJaA0)-ilt
Deputy Clerk to the Board
ounty"ey
Date of signature: "ill /24
4988070 Pages: 2 of 2
10/15/2024 01:06 PM R Fee:$0.00
illiirAliAC:iiillehiliri;III
, r%1
id County CO
Kevi oss, Chair
1(3141..4_
Perry L. Bu
Pro-Tem
2024-2653
PL0824
TO: Board of County Commissioners
FROM: Adria Schiel, Assistant County Attorney
DATE: October 7, 2024
SUBJECT: Special Assessment Certifications for Zoning and
Building Violations.
As you know, we periodically request your certification of certain civil penalties as special assessments
to be collected along with property taxes. All these requests are based upon orders issued from the
Weld County Court after internal review by the Department of Planning Services and the County
Attorney's Office. In most cases, the property owner admits that there is a violation of the Weld County
Code, agrees to pay an initial fine, and agrees to a plan with deadlines to fix the issue. This plan becomes
an order of the court. Even after the deadlines pass, staff works with property owners who are making
good faith efforts to fix the problem and does not ask the court to enforce the agreement by entering a
daily penalty order. If the deadlines pass and no significant progress is made, then the County Attorney
asks the court for a hearing where we prove that the violation still exists, and the property owner hasn't
done what they agreed to do. In other cases, the daily penalty was ordered after the County proved the
violation to the court at trial, or the property owner refused to engage with the court process and a
default judgement was issued. Once the property owner fixes the problem and has paid the initial fine,
Planning Services closes the violation, and the County Attorney files a motion with the court to waive
any penalties not certified to the Treasurer and dismiss the case.
Per Weld County Code section 23-10-40(A), any penalties not paid within 30 days may be certified to the
County Treasurer as a special assessment.
Hearings Scheduled for October 7, 2024
Dave Sanger Sr (JC)
• 565 Dunmire St, Frederick
Case 21C30145; ZCV2O-OOO93
$10 daily penalties beginning 05/12/21
Violations: noncommercial junkyard,
installation of cargo container without
building permits
10/19/2023 up to and including 9/7/2024
is 325 days
$10.00 x 325 = $3,250.00
Baudel Tortoledo Hernandez (JC)
15125 Good Ave, Fort Lupton 80621
Case 22-C-30184; ZCV21-OO14O
$25 daily penalty beginning 6/6/22 after
daily penalty hearing
Violations: accessory structures built
without permits
10/12/2023 up to and including 9/7/2024
is 332 days
$25.00 x 332 = $8,300.00
2024-2653
10/1
PL0zLt=
Aryan Kiani (JC)
• 331 Dunmire St, Frederick
• Case 20C30918; ZCV19-OO192
• $25 daily penalties beginning 10/22/20
• Violations: noncommercial junkyard and
derelict vehicles
10/19/2023 up to and including 9/7/2024
is 325 days
$25.00 x 325 = $8,125.00
Enrique Jimenez -Gonzales (JC)
• 7166 Patrick Street
• Case 2023C33277; ZCV22-00080
• $25 daily penalty beginning 7/10/2023
• Violations: Commercial vehicles; second
mobile home without a permit
7/10/2023 up to and including 9/7/2024
is 426 days
$25.00 x 426 = $10,650.00
Christina Elam and Donald Harris (NB)
20453 CR 54, Greeley
Case 17C30784; ZCV16-OO129
$20 daily penalty beginning 08/07/17
Violations: noncommercial junkyard,
persons living in camper/ry
10/19/2023 up to and including 9/7/2024
is 324 days
$20.00 x 324= $6,480.00
Charles Simansky (NB)
40751 County Road 68
Case 22-C-30037; ZCV19-00292
$10 daily penalty beginning 7/11/22 after
daily penalty hearing
Violations: Storage of a mobile home
10/12/2023 up to and including 9/7/2024
is 332 days
$10.00x332=$3,320.00
Andres Benjamin Hernandez Jr. (CV)
• 11523 Christian St., Fort Lupton
• Case 22C30195; ZCV21-00290
• $40 daily beginning 03/07/22
• Violations: visible noncommercial
junkyard within the floodplain
• 10/12/2023 up to and including 9/7/2024
is 332 days
• $40.00 x 332 = $13,280.00
2
Aryan Kiani
16391 E. 13th PI. #1
Aurora, CO 80011-7406
Aryan Kiani,
WELD COUNTY ATTORNEYS OFFICE
1150 O STREET
P.O. BOX 758
GREELEY, CO 80632-0758
WEBSITE: www.weld.qov
PHONE: (970) 336-7235
FAX: (970) 352-0242
Notice of Certification of Lien to Weld County Treasurer
September 23, 2024
SENT VIA CERTIFIED AND FIRST CLASS MAIL
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 331 Dunmire Street to be in violation
of the Weld County Code.
On November 6, 2020, the Court ordered you to pay a daily Penalty of $25.00 per day beginning on October 22,
2020 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 a public hearing on October 7. 2024, 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 October 19, 2023, up to and including September 7, 2024. This
period totals 325 days for a total of $8,125.00. Please 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 $8,125.00. Such lien would have priority over all other security interests,
except for taxes. In addition to the $8,125.00, 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 full amount to Weld County prior to the hearing.
Alternative arrangements may be made by contacting Jordan Cook at (970) 400-3529. Please feel free to contact
me with any questions.
Respectf
Adria Schiel
Assistant Weld County Attorney
Enclosure
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038, DATE
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,
v.
0 FOR COURT USE ONLY ❑
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 Plaintiffs 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.
ZCV19-OO192; 20C30918
Aryan Kiani
331 Dunmire Street
Violations:
Noncommercial Junkyard and Derelict Vehicles in a
Subdivision
* October 22, 2020 ($25 daily penalty imposed)
* October 19, 2023 up to and including
September 7, 2024 = 325 days
* $25 / Daily @ 325 days = $8,125.00
First contact established 08/26/2019. Last contact 09/17/2024. Reached
out monthly through daily penalty letter.
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Houstan Aragon
From:
Sent
To
Cc:
Subject:
Adria Schiel
Friday, October 4, 2024 8 41 AM
Jordan Cook, Houston Aragon
Wendi Inloes
RE Certification of Zoning Violation Case, ZCV19-00192
I do not see Matthew Irvin on the tax account for this property either Legally, we can proceed with just the property
owner, Kiani
From: Jordan Cook <Jcook@weld gon>
Sent• Friday, October 4, 2024 8 32 AM
To: Houston Aragon <haragon@weld gov>
Cc: Wendi Inloes <winloes@weld gov>, Adria Schiel <aschiel@weld gov>
Subject: RE Certification of Zoning Violation Case, ZCV19-00192
Matthew Irvin was the former tenant for this violation
But it is my understanding he no longer lives on the property
From: Houston Aragon <haragon@weld gov>
Sent: Thursday, October 3, 2024 11 44 AM
To: Wendi Inloes <winloes@weld gov>, Adria Schiel <aschiel@weld gov>, Cynthia Villanueva <cvillanueva@weld gov>,
Elizabeth Relford <erelford@weld gov>, Jordan Cook <icook@weld gov>, Karin McDougal <kmcdougaIl tweld gov>,
Maxwell Nader <mnader(tweld gov>, Nicole Brick <nbrick@weld gov>
Cc. CTB <CTB@co weld co us>
Subject: RE Certification of Zoning Violation Case, ZCV19-00192
Thanks, Wendel
Houstan Aragon
Deputy Clerk to the Board
Clerk to the Board's Office
Weld County
1150 0 Street
Greeley, CO 80631
Tel (970) 400-4224
Email haragonQweld pov
Confidentiality Notice This electronic transmission and any attached documents or other writings are intended
only for the person or entity to which it is addressed and may contain information that is privileged, confidential
or otherwise protected from disclosure If you have received this communication in error, please immediately
notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the
taking of any action concerning the contents of this communication or any attachments by anyone other than
the named recipient is strictly prohibited
From Wendi Inloes <winloes@weld gov>
Sent. Thursday, October 3, 2024 11 43 AM
To Houstan Aragon <haragon@weld gov>, Adria Schiel <aschiel@weld gov>, Cynthia Villanueva
<cvillanueva@weld goy>, Elizabeth Relford <erelford@weld gov>, Jordan Cook <Jcook@weld goy>, Karin McDougal
<kmcdougal@weld gov>, Maxwell Nader <mnader@weld gov>, Nicole Brick <nbrick@weld gov>
Cc. CTB <CTB@co weld co us>
Subject: RE Certification of Zoning Violation Case, ZCV19-00192
I will have Jordan look into this as it is his case He will be in the office tomorrow Thanks
Wendi Inloes
Planning Coordinator
1402 N 17th Ave
Greeley, CO 80631
Phone. 970-400-3543
Office Hours 7.30 am to 4.30 pm
Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited
From' Houstan Aragon <haragon@weld gov>
Sent: Thursday, October 3, 2024 11 39 AM
To Adria Schiel <aschiel@weld gov>, Cynthia Villanueva <cvillanueva@weld gov>, Elizabeth Relford
<erelford@weld gov>, Jordan Cook <icook@weld gov>, Karin McDougal <kmcdougal@weld gov>, Maxwell Nader
<mnader@weld gov>, Nicole Brick <nbrick@weld gov>, Wendi Inloes <winloes@weld gov>
Cc. CTB <CTB@co weld co us>
Subject. Certification of Zoning Violation Case, ZCV19-00192
Good morning all,
I wanted to verify the ownership of the property, as all records indicate a Matthew Irvin being listed as well up
through the last certification on November 20, 2023 Can you please provide some insight'?
Thanks,
Houston Aragon
Deputy Clerk to the Board
Clerk to the Board's Office
Weld County
1150 0 Street
2
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