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Home My WebLink About20221812.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 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 $4,700.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from November 16, 2021, through May 22, 2022 (a period of 188 days), be, and hereby is, approved. 4842541 Pages: 1 of 2 07/18/2022 11:13 AM R Fee:$0.00 Carly Koppel, Clerk and Reoordar, Weld County , co cc:pL('rpmwpas18p), c, (88/K A TR(RF), APPL. 2022-1812 $5/22 PL0824 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 22nd day of June, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddif4A) Scott K. James, Chair Weld County Clerk to the Board County A orney Date of signature: 7/ 7122 4842541 Pages: 2 of 2 07/18/2022 11:13 AM R Fe.:$0.00 sinCarly Kwpu , C1.rk and Recorder, Wald County , CO 2022-1812 PL0824 TO: FROM: DATE: Board of County Commissioners Caitlin Perry, Assistant County Attorney June 22, 2022 SUBJECT: Special Assessment Certifications As you know, we periodically request your certification of certain civil penalties as special assessments to be collected along with property taxes. All of these requests are based upon orders issued from the Weld County Court after a trial, or a stipulation / agreement between the parties, or the refusal of the property owner to participate in the court process. In each case, the Court has found that the property is in violation of either Chapter 23 (Zoning Code) or Chapter 29 (Building Code), or both. The Court issues an order imposing a continuing daily penalty that accrues until the property is brought into compliance with the code. In most cases the property owner agrees that the property is in violation, and we file a stipulation with the court which outlines what needs to happen to bring the property into compliance, and sets deadlines. This becomes an order of the court. Even when they miss those deadlines, we always work with property owners who are making good faith efforts to comply. We only seek a daily penalty order when the property owner fails or refuses to bring the property into compliance. When they do bring it into compliance, we file a motion to end the daily penalties and dismiss the case. So today you see we have lots of cases to certify. These special assessments will be placed on the tax roll next year. The first four on the list are new cases for which you have never certified daily penalties as special assessments. Susan Beasley Andres Benjamin Hernandez Jr. • 17930 CR 12, Fort Lupton • 11523 Christian St., Fort Lupton • Case 21C31827; ZCV20-00097 • Case 22C30195; ZCV21-00290 • $50 daily penalties ordered to begin 02/07/22 • $40 daily penalties ordered to begin 03/07/22 • Violations: occupied camper/trailer-rv; multiple • Violations: visible noncommercial junkyard within the derelict vehicles and camper/trailer-rv's that are floodplain unscreened and/or not owned by Ms, Beasley • Property is still in violation • Property is still in violation • $40/day x 77 days + $50 initial penalty = $3,130 • $50/day x 105 days + $50 initial penalty = $5,300 Vince Holton John Krenzelok • 22795 Hwy 392 • 39538 Boulevard B, Eaton • Case 21C37085; ZCV20-00078 • Case 21C34313; ZCV21-00077 • $10 daily penalties ordered to begin 03/07/22 • $50 daily penalties ordered to begin 03/21/22 • Violations: storage of a mobile home without a permit • Violations: unpermitted manufactured structure, • Property is still in violation occupied camper/trailer-rv, nonconforming • $10/day x 77 days + $25 initial penalty = $795 noncommercial junkyard w/o a principal use, accessory structures without a principal use • Property is still in violation $50/day x 63 days + $50 initial penalty = $3,200 The next seven are continuing cases for which you have previously certified daily penalties as special assessments. Our zoning and building enforcement officers routinely attempt to make contact with these property owners to remind them that they are continuing to accrue daily penalties. Bruce Brotemarkle • 1708 CR 32, Platteville • Case 20C32497; ZCV19-00290 • $50 daily penalties ordered to commence 12/10/20 Charles Bennett and Manuel Gallegos • 1100 Fern Ave., Greeley • Case 17C36110; ZCV17-00017 • $25 daily penalties ordered to begin 07/09/19 Page 1 of 2 2022-1812 PL 0824 • Violations: noncommercial junkyard, persons living in Camper/RV • Last certification for this property was 2/14/22 • Property is still in violation $50/day x 97 days = $4,850 Rolando and Eloisa Castillo • 8588 CR 21, Fort Lupton • Case 21C31829; BCV20-00048/ZCV20-00023 • $25 daily penalties ordered to begin 10/12/21 • Violations: noncommercial junkyard, too many animals on site, and electrical work completed without an electrical permit • Last certification for this property was 11/15/21 • Property is still in violation • $25/day x 188 days = $4,700 • Violations: unpermitted commercial business (truck parking, salvage / storage yard, tire sales), persons living in camper/RV • Last certification for this property was 11/15/21 • Property is still in violation • $25/day x 188 days = $4,700 Jerry Dill and Lynne Kelly • 3108 O St., Greeley • Case 21C32551; ZCV20-00124 • $10 daily penalties ordered to begin 08/20/21 • Violations: unpermitted mobile home, unpermitted commercial storage business, unpermitted commercial vehicles, noncommercial junkyard, derelict vehicles • Last certification for this property was 11/15/21 • Property is still in violation • $10/day x 188 days = $1,880 • Christina Elam and Donald Harris • 20453 CR 54, Greeley • Case 17C30784; ZCV16-00129 • $20 daily penalty ordered to begin 08/07/17 • Violations: noncommercial junkyard, persons living in Camper/RV • Last certification for this property was 11/15/21. • Property is still in violation • $20/day x 188 days = $3,760 Consuelo Hernandez • 3223 CR 19, Ft. Lupton • Case 21C31839; ZCV20-00215 • $20 daily penalties ordered to begin 07/12/21 • Violations: noncommercial junkyard, installation of multiple cargo containers without building permits • Last certification for this property was 11/15/21 • Property is still in violation • $20/day x 188 days = $3,760 Aryan Kiani and Matthew Irvin • 331 Dunmire Street, Frederick • Case 20C30918; ZCV19-00192 • $25 daily penalties ordered to begin 10/22/20 • Violations: noncommercial junkyard, derelict vehicles • Last certification for this property 11/15/21 • Property is still in violation • $25/day x 188 days = $4,700 Page 2 of 2 ZCV19-00192 Aryan Kiani & Matthew Irvin 0 Dunmire St * November 6, 2020 (daily penalty imposed) * $25 / Daily @ 188 days = $4700.00 * November 16, 2021— May 22, 2022 WELD COUNTY Kiani/Irvin - Dunrnire St gain ONLINE MAPPING Fort Coffins ••4 '7 GODEN 4C HOLLOW -PKWY i u i reierick ' u ct • .c •. • • •- 1,• ••• •L •- h IRIS PKWY t.'• :pc. Tic% el' DR cre ••. •Ie•>•e1 r r,".•. 9..i._ .': ♦_ •i•i._ (►. C.- :Li ,.} Cr: C.:: .v • I0. ♦. A 1 'f •;: ••-4 .. ' • 1 ,. I I • Ir' -.- •ei— I • tamale Dacono i'- f f ••� W i r a-. J ' J ►=u 1.11 -T1 I ST EFfr.....;•::' re • L.! C: :c F.C)UnRE ST S T a— -t-tIUMwAy-5 IAt!`n 40 : GR.4 6 (I) ei • -S I I 1: 26,811 O 4,468.5 WGS_1984_Web_Mercator_Auxiliary_Sphere ,O Weld County Colorado 0 2,234.23 4,468,5 F eet This map is a user generated static output from an Internet mapping site and is for reference only Data layers that appear on this map may or many not be accurate. current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION cfs Denver Legend Parcels Highway Road Road Higtlora/ O County Boundary Notes :_� -- _. 14 5 5 8 - . -�---_ -- _. --- ------ ----------- -_. _ ----- ---..-------__ - - _.- F _,_ _ _ __. _ T ..-__ - -.,�.... ,-.,, T : -- - -- liori T z .'[ eine r • l (. U L' S +t S T' �- ` ; . ., - _ . A .e W:yroiinn 14100� .vw Minn 77 WELD COUNTY gar ON I. 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'-'cam ' 5_-4515.055,0742;31.:;t;<< 10 •'0.) a w'>4 t.sa.- .ji;;� - ■ .,:-r— a WGS_1984_Web_Mercator_Auxiliary_Sphere CI Weld County Colorado 1, 117.1 Feet This map is a user generated static output tram an Internet mapping site and is for r eference only Data layers that appear on this map may or may not he accurate, current or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION Bat,ictr • Deriver Legend Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone Al- Floodplain - 100 Year Zone AC Fault Lines Depth of Cover Above Abando 0 - 49 U a ■ a Mine Extent Highway O County Boundary 50 - 99 100- 149 150- 199 200- 249 250-299 300- 349 350- 399 400- 9999 Notes 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 June 3, 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,lune 22.2022 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 "O" Street, Greeley, CO 80631. The hearing will address the penalties for the period from November 16, 2021 through May 22, 2022. This period totals 188 days and amounts to $4,700.00. Please note that the dairy 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 54.700.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $4,700.00, 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. epetfully, 'tlin Perry Assistant Weld County A'ttdrney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DAT Greeley, Colorado 80632 CASE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. Aryan Kiani and Matthew Irvin Defendants. U FOR COURT USE ONLY 0 Case Number: 20-C-30918 Division: C 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 Courts electronic file. Hello