HomeMy WebLinkAbout20223185.tiffRESOLUTION
RE: APPROVE CERTIFICATION TO WELD COUNTY TREASURER OF ZONING
VIOLATION PENALTIES AS SPECIAL ASSESSMENT - ARYAN KIANI AND
MATTHEW IRVIN
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 Defendants, Aryan Kiani and Matthew Irvin, 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 Defendants 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 Defendants 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 May 31, 2021;
November 15, 2021: $4,175.00 for the period of June 1,
2021, through November 15, 2021;
June 22, 2022: $4,700.00 for the period of November 16,
2021, through May 22, 2022
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 $3,500.00 to the Weld County Treasurer to be
collected as a special assessment for the daily violation penalties from May 23, 2022, through
October 9, 2022 (a period of 140 days), be, and hereby is, approved.
4868032 Rages: 1 of 2
11/21/2022 10:54 AM R Fee:$0.00
Carly Koppel, Clerk and Rem,'der, Weld County , CO
ill ;'m gill
cc: P1.(rp/MN/W=/5f), CA C88/ow), 2022-3185
TRCRF), APR- PL0824
12/2 /22
CERTIFICATION TO WELD COUNTY TREASURER OF ZONING VIOLATION PENALTIES AS
SPECIAL ASSESSMENT — ARYAN KIANI AND MATTHEW IRVIN
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of November, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELD/SCOUNTY, COLORADO
ATTEST: d,,,et4,,,
ScotYK. James, Chair
Weld County Clerk to the Board
eman, Pro-Tem
ounty A •rney
Date of signature: 11A7/2_
4868032 Pages: 2 of 2
11/21/2022 10:54 AM R Fee:$0.00
Carly KoPP.s, Clark and Reoordar, Weld County , CO
2022-3185
PL0824
TO: Board of County Commissioners
FROM: Matt Conroy, Assistant County Attorney
DATE: November 9, 2022
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 also 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. As such, all requested certifications are for the period from
either the date of the court order or the last certification through October 9, 2022.
Hearings Scheduled for 11/9/22
The first four cases we have today have never been certified by the Board as a special assessment,
though the first has come before the Board several times in the past.
New Certifications
Jesus Vega
1707 Cedar Ave
Case 19-C-30835; ZCV18-00172
$50 daily penalties beginning 9/2/22
Violations: Commercial trucking and
storage operation without an approved
Site Plan Review as well as presence of
derelict passenger vehicles
Penalties waived by the Board 2/23/22
and then suspended by the Court until
Jose Mendoza
1401 N 26th Ave, Greeley
Case 22-C-31938; ZCV21-00349
$25 daily penalty beginning 9/19/22 after
daily penalty hearing
Violations: Noncommercial junkyard
including derelict vehicles and other
debris
21 days x $25/day = $525
1(1(9
2022-3185
PLO gay
9/1/22 with the assumption that a site
plan review would be completed. [2022-
0645]
• No SPR as of 9/1/22 so suspension lifted,
and penalties reimposed.
• 37 days x $50/day = $1,850
Baudel Tortoledo Hernandez
Charles Simanskv
• 15125 Good Ave, Fort Lupton 80621
• 40751 County Road 68
• Case 22-C-30184; ZCV21-OO14O
• Case 22-C-30037; ZCV19-00292
• $25 daily penalty beginning 6/6/22 after
• $10 daily penalty beginning 7/11/22 after
daily penalty hearing
daily penalty hearing
• Violations: accessory structures built
• Violations: Storage of a mobile home
without permits and exceeding maximum
• Still in violation and no new permits have
allowed lot coverage
been applied for.
• 126 days x $25 per day = $3,450
• 91 days x $10/day = $910
The next four cases were all previously certified in June 2022.
Previously Certified
Rolando and Eloisa Castillo
Graciela Quinonez and Veronica Gutierrez
• 8588 CR 21, Fort Lupton
• 1St case: 17C37227; BCV16-00012
• Case 21C31829; BCV20-00048/ZCV20-
• $10 daily penalty beginning 05/17/18
00023
• Violations: unpermitted structures not
• $25 daily penalties beginning 10/12/21
meeting setback requirements
• Violations: noncommercial junkyard, too
• 2nd case: 19C32661; ZCV18-00258
many animals onsite, and electrical work
• $10 daily penalty beginning 09/16/19
completed without a permit
• Violations: noncommercial junkyard and
• Certified on 06/22/22 through 05/22/22
derelict vehicles
[2022-1808]
• Certified 06/29/22 through 05/22/22
• Property is still in violation
[2022-1874]
• 140 days x $25/day = $3,500
• 140 days x $20/day = $2,800
Luis Armando Lopez
Bruce Brotemarkle
• 2717 49th Street, Evans
• 1708 CR 32, Platteville
• Case 21C33085; BCV20-00071; ZCV2O-
• Case 20C32497; ZCV19-00290
00287
• $50 daily penalties ordered to begin
• $10 daily penalties beginning 12/13/21
12/10/20
• Violations: multiple unpermitted
detached accessory structures that do
• Violations: noncommercial junkyard,
occupied camper/RV
not meet setbacks, offsets, or lot
• Certified 6/22/22 through 5/22/22 [2022 -
coverage requirements; multiple onsite
1807]
commercial vehicles and equipment
• Property is still in violation
• Certified $1645 on 06/29/22 through
• 140 days x $50/day = $7,000
05/22/22. Paid $1645 on 8/8/22. [2022-
1870].
• Property is still in violation.
• 140 days x $10/day = $1,400
Hearings Scheduled for 11/14/22
The 14 cases here have all been previously certified by the Board as a special assessment.
Previously Certified
Susan Beasley
17930 CR 12, Fort Lupton
Case 21C31827; ZCV20-00097
$50 daily penalties ordered to begin
02/07/22
Violations: occupied camper/trailer-rvs;
unscreened derelict vehicles and
camper/trailer-rv's
Property is still in violation
Certified 06/22/22 through 05/22/22
[2022-1803]
140 days x $50/day = $7,000
Andres Benjamin Hernandez Jr.
11523 Christian St., Fort Lupton
Case 22C30195; ZCV21-00290
$40 daily beginning 03/07/22
Violations: visible noncommercial
junkyard within the floodplain
Certified 6/22/22 through 05/22/22
[2022-1804]
Property is still in violation
140 days x $40/day = $5,600
Vince Holton
22795 Hwy 392
Case 21C37085; ZCV20-00078
$10 daily penalty beginning 03/07/22
Violation: storage of a mobile home
without a permit
Certified on 06/22/22 through 05/22/22
[2022-1805]
Property is still in violation
140 days x $10/day = $1,400
John Krenzelok
39538 Boulevard B, Eaton
Case 21C34313; ZCV21-00077
$50 daily penalty beginning 03/21/22
Violations: unpermitted manufactured
structure, occupied camper/trailer-rv,
noncommercial junkyard without a
primary use, accessory structures
without a primary use
Certified on 06/22/22 through 05/22/22
[2022-1806]
140 days x $50/day = $7,000
Jerry Dill and Lynne Kelly
• 3108 O Street, Greeley
• Case 21C32551; ZCV20-00124
• $10 daily penalties beginning 08/20/21
• Violations: unpermitted mobile home,
unpermitted commercial storage
business, unpermitted commercial
vehicles, noncommercial junkyard and
derelict vehicles
Certified on 06/22/22 through 05/22/22
[2022-1809]
140 days x $10/day = $1,400
Christina Elam and Donald Harris
• 20453 CR 54, Greeley
• Case 17C30784; ZCV16-00129
• $20 daily penalty beginning 08/07/17
• Violations: noncommercial junkyard,
persons living in camper/ry
Certified on 06/22/22 through 05/22/22
[2022-1810]
140 days x $20/day = $2,800
Consuelo Hernandez
• 3223 CR 19, Fort Lupton
• Case 21C31839; ZCV20-OO215
A -Aryan Kiani and Matthew Irvin
• 331 Dunmire St, Frederick
• Case 20C30918; ZCV19-00192
• $20 daily penalty beginning 07/12/21
• Violations: noncommercial junkyard,
installation of multiple cargo containers
without building permits
• Certified on 09/21/22 through 08/21/22
[2022-2692]
• 49 days x $20/day = $980
• $25 daily penalties beginning 10/22/20
• Violations: noncommercial junkyard and
derelict vehicles
• Certified on 06/22/22 through 05/22/22
[2022-1812]
• 140 days x $25/day = $3,500
Frank and Yrene Martinez
• County Road 55 parcel no 029733400009
• Case 21C37057; ZCV21-OO159
• $50 daily penalties beginning 03/07/22
• Violations: accessory uses without a
principal use including a noncommercial
junkyard; multiple commercial vehicles,
accessory structures, and occupied
camper/trailer RVs
Certified on 06/29/22 through 05/22/22
[2022-1871]
140 days x $50/day = $7,000
Mahic Sabahudin and Melina Sabanovic
• Unbuilt lot on Good Avenue, Ft. Lupton
• Case 08C37496; ZCV18-00166
• $25 daily penalty beginning 08/05/19
Violations: noncommercial junkyard,
persons living in camper/RV
Certified on 06/29/22 through 05/22/22
[2022-1875]
140 days x $25/day = $3,500
Jesus Salas and Tiffany Brown
• 15979 Nancy Ave, Ft. Lupton
• Case 21C33090; ZCV21-00001
• $25 daily penalties beginning 09-03-21
• Violations: noncommercial junkyard,
derelict vehicles, unpermitted semi-
trailers
Certified on 06/29/22 through 05/22/22
[2022-1876]
140 days x $25/day = $3,500
Dave Sanger Sr
• 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
Certified on 06/29/22 through 05/22/22
[2022-1877]
140 days x $10/day = $1,400
Justin Walden
4730 Kings Canyon Dr., Greeley
• Case 21C31191; ZCV20-00174
• $25 daily penalties beginning 09/29/21
• Violations: noncommercial junkyard,
derelict vehicle
Certified on 06/29/22 through 05/22/22
[2022-1878]
140 days x $25/day = $3,500
Lucina Flores
112 N Grace Ave, Milliken
• Case 20C31602; ZCV19-00279
• $25 daily penalties beginning 08/04/21
• Violations: Exceeding maximum
allowable lot coverage and too many
animals on the property
Certified on 07/18/22 through 06/15/22
[2022-2018]
116 days x $25/day = $2,900
ZCV19-00192
Aryan Kiani & Matthew Irvin
0 Dunmire St
* November 6, 2020 (daily penalty imposed)
* $25 / Daily @ 140 days = $3,500.00
* May 23, 2022 — October 9, 2022
History:
07/18/2019
10/22/2020
07/23/2021
11/15/2021
06/22/2022
07/01/2022
08/01/2022
09/01/2022
10/01/2022
11/01/2022
11/02/2022
11/02/2022
11/14/2022
ZCV19-0O192 Violation Initiated.
Daily Penalties ($25) imposed (20-C-30918).
Board of County Commissioners certified $5,550.00
Board of County Commissioners certified $4,175.00.
Board of County Commissioners certified $4,700.00.
Daily Penalty reminder letter sent.
Daily Penalty reminder letter sent.
Daily Penalty reminder letter sent.
Daily Penalty reminder letter sent.
Daily Penalty reminder letter sent.
Notice of Certification of Lien to Weld County Treasurer sent by Matthew Conroy.
I conducted an inspection from the road ROW. Still in violation.
Certification of Daily Penalties hearing before Board of County Commissioners.
"IF
WELD COUNTY Kiani/Irvin - Dunrnire St
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Aryan Kiani
16391 E. 13th Place
Aurora, CO 80011
Mr. Kiani and Mr. Irvin:
WELD COUNTY ATTORNEY'S OFFICE
1150 O STREET
P.O. BOX 758
GREELEY, CO 80632-0758
WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
Notice of Certification of Lien to Weld County Treasurer
November 2, 2022
Matthew Irvin
3752 N. High Street
Denver, CO 80205
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.
On November 6, 2020, 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 $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 November 14.2022 at 9:00 a.n1. 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 "O" Street, Greeley, CO 80631. The hearing will address the penalties for the period from May 23,
2022, through October 9, 2022. This period totals 140 days and amounts to $3,500.00. 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 63.500.00. Such lien will have priority over all other security
interests, except for taxes. In addition to the $3,500.00, 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 full amount to Weld County prior to
the hearing. Alternatively, arrangements may be made by contacting Bethany Pascoe at (970) 400-3555.
Please feel free to contact me with any questions.
Respectfully,
Matthew Conroy
Assistant Weld County Attorney
Enclosure
COUNTY COURT, WELD COUNTY, COLORADO
Court Address: 915 Tenth Street, P.O. Box 2038, DAT
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.
❑ 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 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 tile. This document was
served on parties and/or counsel as indicated in the Court's electronic file.
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