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Home My WebLink About20213214.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 Weld County Department of Planning Services, filed a complaint in the Weld County Court against Defendants Aryan Kiani and Matthew Irvin, claiming that the Defendants' property is 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 Defendants to pay $25.00 per day that the property remained in violation of the Weld County Code, beginning on October 22, 2020, and WHEREAS, on June 23, 2021, the Weld County Board of Commissioners certified daily penalties of $5,550.00 for the period of October 22, 2020, through May 31, 2021, and WHEREAS, C.R.S. §30-28-124.5(1) and Weld County Code Section 23-10-40.A 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 $4,175.00 to the Weld County Treasurer to be collected as a special assessment for the daily violation penalties from June 1, 2021, through November 15, 2021 (a period of 167 days), be, and hereby is, approved. 4780419 Pages: 1 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO lIII ��I� � 4�I�h�l I � rViii41iii hi�� i Biii cc'. CA(3c) TRCitt) PL(1P/wi/Bp/NA), APPL. 12/H/2.1 2021-3214 PL0824 ATTEST: dititet) W ;ok Weld County Clerk to the Board ike Freeman Date of signature: 11%a -Z/2( 4780419 Pages: 2 of 2 11/30/2021 10:31 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 N��lI l i'L '.'I I 'i I ��N �'�iI�il�:4'r iii k 11111 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 15th day of November, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • 2021-3214 PL0824 TO: Board of County Commissioners FROM: Bob Choate, Assistant County Attorney DATE: November 15, 2021 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. We need to get these to the Treasurer by December 1st in order to have these special assessments placed on the tax roll next year. The first twelve on the list are new cases for which you have never certified daily penalties as special assessments. • • • • • • • Rolando 8588 Case $25 Violations: animals an electrical Property $25/day daily CR 21C31829; and 21, penalties on is x 34 site, still permit Eloisa BCV20-00048/ZCV20-00023 Lupton ordered violation + electrical $25 Castillo initial to begin junkyard, work $875 too many without • • • • • a • Dave 565 Case $10 Violations: cargo Property $10/day daily Sanger Dunmire 21C30145; container is x penalties still 187 noncommercial Sr. St., days ZCV20-00093 without in Frederick order violation = $50 building to initial begin junkyard, 05/12/21 permit penalty installation $1,920 of Fort noncommercial and in days 10/12/21 completed penalty = = • Santos and Sonia Simental • Justin Walden ® 18526 CR 8, Brighton • 4730 Kings Canyon Dr., Greeley Case 20C34848; ZCV20-00135 • Case 21C31191; ZCV20-00174 • $30 daily penalties ordered to begin 06/16/21 • $25 daily penalties ordered to begin 09/29/21 • Violations: animals on site noncommercial junkyard, too many • • Violations: Property noncommercial is still in junkyard, derelict vehicle violation • Property is still in violation • $25/day x 47 $1,175 = ® $30/day x 152 days $4,560 = • Dena Swingle • Consuelo Hernandez • 7435 Harold St., Ft. Lupton • 3223 CR 19, Ft. Lupton • Case 21C30649; ZCV20-00190 • Case 21C31839; ZCV20-00215 • $25 daily penalties ordered to begin 09/07/21 • $20 daily penalties ordered to begin 07/12/21 • Violations: noncommercial junkyard, installation of • Violations: noncommercial junkyard, installation of cargo container without building permit multiple cargo containers without building permits e Property is now in compliance; court ended daily • Property is still in violation penalties on 10/27/21; NO ACTION NECESSARY • $20/day x 126 days + $25 initial penalty = $2,545 • $25/day x 50 days $1,250 = Page 1of3 PLosH • • • Jacquelynne 7076 Case Patrick 21C31836; Grabrian St., Ft. ZCV20-00278 Lupton / Justin and Cynthia Sanger • • • Jesus Salas 15979 Nancy Case 21C33090; and Tiffany Ave., ZCV21-00001 Ft. Lupton Brown • $50 daily penalties ordered to begin 06/14/21 • $25 daily penalties ordered to begin 09/03/21 • Violations: animals on site, noncommercial derelict vehicles junkyard, too many • Violations: unpermitted noncommercial semi -trailers junkyard, derelict vehicles, ® Property is now in compliance; court ended daily • Property is still in violation penalties on 11/02/21. NO ACTION NECESSARY • $25/day x 73 days + $50 initial penalty $1,875 = • $50/day x 141 days + $25 initial penalty = $7,075 • David Schoepf • Jerry Dill and Lynne Kelly • 23990 CR 64, Greeley • 3108 O St., Greeley • Case 21C32555; BCV20-00017 • Case 21C32551; ZCV20-00124 • $10 daily penalties ordered to begin 07/12/21 • $10 daily penalties ordered to begin 08/20/21 • Violations: unfinished building permit • Violations: unpei mobile home, unpermitted initted ® Property is still in violation commercial storage business, unpermitted commercial • $10/day x 126 days + $25 initial penalty $1,285 vehicles, noncommercial junkyard, derelict vehicles = • Property is still in violation • $10/day x 87 days +$50 initial penalty $920 = ® Daniela Flores and Paula Grado • Lucina Flores • 9659 CR 44, Milliken • 112 Grace Ave., Milliken • Case 20C33562; ZCV20-00109 • Case 20C31602; ZCV19-00279 • $50 daily penalties ordered to begin 07/12/21 • $25 daily penalty ordered to begin 08/04/21 Violations: unpermitted commercial vehicles and e Violations: too many animals on site, too much lot equipment, unpermitted cargo containers, unauthorized coverage for structures storage of construction materials • Property is still in violation • Property is still in violation • $25/day x 103 days $2,575 = • $50/day x 126 days $6,300 = The next eight 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. Graciela Quinonez and Veronica Gutierrez • 1012 E. 16th St., Greeley (2 cases) • Case 17C37227; BCV16-00012; $10 daily penalty began 05/07/17; Violations: structures within the setback without building permits • Case 19C32661; ZCV18-00258; S 10 daily penalty began 09/16/19; Violations: noncommercial junkyard, derelict vehicles • Last certification for this property (both cases) in July • Property is still in violation (both cases) • $20/day x 167 days = $3,340 • 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 in July • Property is still in violation • $20/day x 167 days = $3,340 Page 2 of 3 ® • ® Arturo 35494 Case Corral CR 43, 19C36287; ZCV19-00111 • e • Jesus Vega 1705 Cedar Case 19O308359 Ave., Greeley ZCV18-00172 Eaton • $20 daily penalties ordered to begin 08/10/20 e $50 daily penalties ordered to begin 02/01/21 e Violations: 8+ unpermitted cargo containers, 3+ • Violations: unpermitted commercial trucking and unpermitted semi -trailers, noncommercial junkyard storage business, derelict vehicles • Last certification for this property in June 6 Last certification for this property in June e Property is now in compliance; court ended daily • Property is still in violation penalties on 10/21/21. NO ACTION NECESSARY 6 $50/day x 167 days $8,350 = • $20/day x 142 days $2,840 = • ® Charles 1100 Fern Bennett and Ave., Greeley Manuel Gallegos • Mahic Good Sabahudin Avenue and (no address, Melina unbuilt Sabonovic lot), Ft. Lupton a • Case $25 daily Violations: 17C36110; penalties unpermitted ZCV17-00017 ordered commercial to begin 07/09/19 business (truck • Case $25 Violations: daily 18C37496; penalties noncommercial ZCV18-00166 ordered to junkyard, begin 08/05/19 persons living in parking, living salvage in camper/RV / storage yard, tire sales), persons • Camper/RV Last certification for this property in July • Last certification for this property in July • Property is still in violation • Property is still in violation • $25/day x 167 days $4,175 = • $25/day x 167 days $4,175 = ® Aryan Kiani and Matthew Irvin ® Bruce Brotemarkle • 331 Dunmire Street, Frederick • 1708 CR 32, Platteville Case 20C30918: ZCV19-00192 ® Case 20C32497: ZCV19-00290 6 $25 daily penalties ordered to begin 10/22/20 • $50 daily penalties ordered to commence 12/10/20 • Violations: noncommercial junkyard, derelict vehicles ® Violations: noncommercial junkyard, persons living in Last Property certification is still for this in violation property in June • Camper/RV Last certification for this property in July ,ii $25/day x 167 days $4,175 ® Property is still in violation = $50/day x 167 days $8,350 = Page 3 of 3 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 4, 2021 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 oublic hearing on November 15.2021 at 9:00 a.nj. 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 June 1, 2021 through November 15, 2021. This period totals 167 days and amounts to $4,175.00. 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 54.175.00. Such lien will have priority over all other security interests, except for taxes. In addition to the $4,175.00, 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 Bethany Pascoe at (970) 400-3555. Please feel free to contact me with any questions. Respectfly, rt tlips Bob Choate Assistant Weld County Attorney Enclosure COUNTY COURT, WELD COUNTY, COLORADO Court Address: 915 Tenth Street, P.O. Box 2038, DATE Greeley, Colorado 80632 CASE Phone Number: (970) 475-2400 FILED: November 6, 2020 11:26 AM NUMBER: 2020C30918 ❑ FOR COURT USE ONLY ❑ BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO, Plaintiff, v. Aryan Kiani and Matthew Irvin Defendants. 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 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. Hello