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Home My WebLink About20062503.tiff RESOLUTION RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL ACTION AGAINST THOMAS AND KIMBERLY KARLBERG FOR VIOLATION OF THE WELD COUNTY CODE 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,Thomas and Kimberly Karlberg, VI #0600290, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 12th day of September, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Thomas and Kimberly Karlberg were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS,the Board of County Commissioners deems it advisable to refer said violation to the Weld County Attorneys Office for legal action, with an instruction for delay of action upon such referral until November 12, 2006, to allow adequate time for the property owners to complete the work needed to schedule all inspections to bring the subject property into compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0600290 be, and hereby is, referred to the Weld County Attorney's Office for legal action against Thomas and Kimberly Karlberg to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties, with an instruction for delay of action upon such referral until November 12, 2006, to allow adequate time for the property owners to schedule and complete all inspections to bring the subject property into compliance. 2006-2503 PL0824 00 '. PL, Div - pR-a5-O,v VIOLATIONS - VI #0600290 - THOMAS AND KIMBERLY KARLBERG PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of September, A.D., 2006. BOARD OF COUNTY COMMISSIONERS IE La WELD COU , COLORADO ATTEST: / 't 4O M. J. a Chair Weld County Clerk to th,� /. °"'� •� 1 David E. Long, Pro-Tem De.+ y Clerk t. he Beard William H. Jerke APP AS TO FOR : EXCUSED Rob D. Mas en Co ty Aftorney 2- Al Glenn Vaa Date of signature: 9�2.`_'/olO 2006-2503 PL0824 Weld County Violation Summary Building Compliance Officer Peggy Gregory BASIC INFORMATION Property Owner: Thomas L and Kimberly Karlberg Violation: VI-0600290 Building Permit Number: BCN-040563 Mailing Address: 36037 CR 49, Eaton, CO 80615 Situs Address: 23917 CR 47, Eaton, CO 80615 Legal: Part of the SE4 of Section 36, T7N, R65W, of the 6'" P.M., Weld County, Colorado Location: North of and adjacent to County Road 74, west of County Road 49 North: Agricultural property South: Agricultural property East: Agricultural property West: Agricultural property Parcel Number: 0709-36-4-00-022 Acres: 2.5 Certified mail date: August 14, 2006 Received: August 18, 2006 Currently the property is in violation of: Chapter 29, Article VIII, Sections 29-8-40 REMEDY To bring the property into compliance, the permit for a basement finish shall have all inspections completed. RECOMMENDATION The Department of Planning Services recommends this case be referred to the County Attorney but delay action for 30 days as Mr. Karlberg has been in contact with me and is attempting to complete inspections. CASE HISTORY June 22, 2005 Letter to remind of expiration date. July 21, 2005 180-day extension granted. June 23, 2006 Letter to remind of expiration date June 29, 2006 Mr. Karlberg was in the office. He has been unable to do the sheetrock and insulation. I advised him I would send a 30-day letter, then schedule with the Board of County Commissioners on September 12, 2006. He will try to have the work complete by then. July 7, 2006 30-day violation letter issued. August 14, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of County Commissioners. September 5, 2006 Mr. Karberg was in the office today. He will schedule an inspection by the end of the week. 2006-2503 DEPARTMLNT OF PLANNING SERVICES Cif( Building Compliance Division NORTH OFFICE 918 10th Street, Greeley, CO 80631 I pgregory@co.weld.co.us Phone: (970) 353-6100, Ext. 3568 C. Fax: (970)304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 August 14, 2006 THOMAS L and KIMBERLY KARLBERG 36037 CR 49 EATON CO 80615 Subject: VI-0600290, Part of the SE4 of Section 36, T7N, R65W, of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Karlberg: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on September 12,2006,at 10:00 a.m., to consider the violations. The property is in violation of the following Section(s) of the Weld County Code: Section 29-8-40 "Expiration of permit." To bring your property into compliance: All inspections shall be completed and the permit for a basement finish shall have final approval. This meeting will take place at the Weld County Planning Department Office, 918 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any questions the Board of County Commissioners might have regarding the violation. The Department of Building Inspection will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation,the action necessary to correct the violation, and that you were given sufficient time to remedy the violation. If you have any questions concerning this matter, please contact me at the above address, telephone number or e-mail address. rely, Art Peggy Gregory Building Compliance Officer pc: VI-0600290 BCN-040563 SERVICE,TEAMWORK, INTEGRITY,QUALITY U.S. Postal Services„ Y CERTIFIED MAIL:, RECEIPT 0' (Domestic Mail Only;No Insurance Coverage Provided) Frry mf.rmatl• • •elive n visit•urwe•site .twvrN.us•s.c• a. _ 3 ? . ) Postage $ Certified Fee 0 Postmark Return Receipt Fee Hen (Endorsement Required) o Restricted Delivery Fee .43 (Endorsement Required) ri @ Total Postage 8 $Fees u'7 D ent o o Thomas L and Kimberly Karlberg N Threat Apt.No.; wPO Box No. 36037 CR 49 City,State,ZIPt4 . • r 1 :1 • See Reverse for Instructions PS Form 3904.June 2002 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sign re item 4 K Restricted am Delivery dd is desired. X ' / O Agent • Print your name and address on the reverse X{ i f/757,y O Addressee so that we can return the card to you. Repelved (pe�An Name)(I C. D e of livery ■ Attach this card to the back of the mailpiece, \l/L, y or on the front if space permits. 1 f 1/L ,(itA? k C ri� '3 1? I� LI. delivery address different frohHrem 1? L7 Yes 1. Article Adtlrgsspd to: If YES,enter delivery address below: O No THOMAS L & KIMBERLY KARLBER4 36037 CR 49 d County Planning nutmeat EATON CO 80615 GREELEY OFFI 3. Service type AUG g zoo (Certified Mail ❑Express Mall t7 6 O Registered O Return Receipt for Merchandise y� gY ❑ Insured Mail O C.O.D. • .�C gr•Y estriaed Delivery?(Extra Fee) O Yes 2. Article Number 7005 1160 0001 4537 8943 (Transfer from seeks label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 6 itttl\fr DEPARTMENT OF PLANNING SERVICES Building Compliance Division ( NORTH C OFFICE 918 10th Street, Greeley, CO 80631 Website: www.co.weld.co.us E-mail Address: pgregorveco.weld.co.us Phone: (970) 353-6100, Ext. 3568 Q Fax: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5, Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY BUILDING CODE VIOLATION NOTICE July 7, 2006 THOMAS L and KIMBERLY KARLBERG 36037 CR 49 EATON CO 80615 Subject: VI-0600290, Part of the SE4 of Section 36, T7N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Karlberg: It has been determined that the property located at 23917 County Road 74 is currently in violation of the following Section of the Weld County Code: Section 29-8-40 of the Weld County Code states that building permits shall expire after 180 days of inactivity. To bring your property into compliance with the Weld County Code: All inspections shall be completed and the permit for a basement finish shall have final approval. It is the intention of this office to assist and cooperate with you without imposing undue hardship; however,we have no discretion in this matter if you fail to correct this violation within 30(thirty)days from July 7, 2006. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the case to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. 0�jelpy, J/�(// Peggy Gregory " 9 ry Building Compliance Officer pc: BCN-040563 VI-0600290 a DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE ' 918 10th Street CO Greeley, CO 80631 pgregory@co.weld.co.us Phone: (970)353-6100, Ext. 3568 COLORADO • Fax: (970)304-6498 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720) 652-4211 June 23, 2006 THOMAS L and KIMBERLY KARLBERG 36037 CR 49 EATON CO 80615 Subject: Permit# BCN-040563—Part of the SE4 of Section 36, T7N, R65W of the 6th P.M., Weld County, Colorado Dear Mr. and Mrs. Karlberg: It has come to the attention of the Department of Building Inspection that a permit for a partial basement finish at 23917 County Road 74 was issued on January 25,2005. According to our records, this permit will expire on July 4, 2006, and all of the required inspections have not been completed. Section 29-8-40 of the Weld County Code states that: A. Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become null and void if the building or work authorized by such permit does not commence within one hundred eighty(180)days from the date of such permit,or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty(180)days. Before such work can be recommenced, a new permit shall be first obtained to do so,and the fee therefore shall be one-half(1/2)the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded five (5)years. B. Any permittee holding an unexpired permit may apply for an extension of the time within which he or she may commence work under that permit when he or she is unable to commence work within the time required by this Article for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty(180)days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee as established by the Board of County Commissioners. SERVICE,TEAMWORK,INTEGRITY,QUALITY page two Failure to schedule inspections or request an extension, in writing, by the expiration date will result in a violation notice. Once a violation is issued, it will remain open until the permit is completed and is subject to go before the Board of County Commissioners with written notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, af Arty Peggy Gregory Building Compliance pc: BCN-040563 SERVICE,TEAMWORK,INTEGRITY,QUALITY Plea s c eic I'e 74- 7c- /kj o q c 3 S Q H—_✓t --�u c 7E ) et cC._-e r o &c (z c ? LA: ( r 1,0¢ 54(1 44 c7 7O ce ff 32/ cigC 4 o 9 (l n� � S 01 �1a�3A) B b (qv 7-;'or DEPARTMENT OF PLANNING SERVICES Building Compliance Division NORTH OFFICE C ' 918 10th Street Greeley, CO80631 OWebsite: www.co.weld.co.us E-mail Address:pgregorv(a)co.weld.co.us • Phone: (970) 353-6100, Ext. 3568 COLORADO Fax: (970) 304-6498 SOUTHWEST OFFICE 4209 CR 24.5 Longmont, CO 80504 Phone: (970)652-4210, Ext. 8730 Fax: (720)652-4211 June 22, 2005 Thomas L and Kimberly Karlberg 36037 CR 49 Eaton CO 80615 Subject: Permit# BCN-040563- Part of the SE4 of Section 36, T7N, R65W of the 6tn P.M., Weld County, Colorado Dear Mr. and Mrs. Karlberg: It has come to the attention of the Department of Building Inspection that a permit for an partial basement finish at 23917 County Road 74 was issued on January 25, 2005. According to our records, this permit will expire on July 24, 2005, and no inspections have been completed. Section 29-8-40 of the Weld County Code states that: A. Every permit issued by the Building Official under the provisions of the Building Code shall expire by limitation and become null and void if the building or work authorized by such permit does not commence within one hundred eighty(180)days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty(180)days. Before such work can be recommenced,a new permit shall be first obtained to do so,and the fee therefore shall be one-half(1/2)the amount required for a new permit for such work; provided that no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded five (5)years. B. Any permittee holding an unexpired permit may apply for an extension of the time within which he or she may commence work under that permit when he or she is unable to commence work within the time required by this Article for good and satisfactory reasons. The Building Official may extend the time for action by the permittee for a period not exceeding one hundred eighty(180)days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee as established by the Board of County Commissioners. SERVICE,TEAMWORK,INTEGRITY,QUALITY page two Failure to schedule inspections or request an extension, in writing, by the expiration date will result in a violation notice. Once a violation is issued, it will remain open until the permit is completed and is subject to go before the Board of County Commissioners with written notice. You may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this matter. Sincerely, ow? Peggy Gregory Building Compliance pc: BCN-040563 SERVICE,TEAMWORK,INTEGRITY,QUALITY 111111111111111111181 11111111111111111 III 11111]iii till 2950607 05110/2002 03:03P JA Saki Tsukamoto �T 1 of 2 H 10.00 0 23.00 Weld County CO WARRANTY DEED THIS DEED. Made this 9th day of May , 2002, between A. Bruce Johnson Lto r7(1)(014/09 of the County of Weld and State of Colorado J 't'� lOfy grantor,and Thomas L. Karlberg and Kimberly C. Karlberg whose legal address is 36037 Weld County Road 49, Eaton, CO 80615 of the County of Weld and State of Colorado •[trantees: WITNESS,That the grantor.for and in consideration of the sum of TWO HUNDRED THIRTY THOUSAND AND NO/100 DOLLARS.($230,000.00 ),the receipt and sufficiency of which is hereby acknowledged,has granted.bargained,sold and conveyed,and by these presents does grant bar- gain,sell,convey and confirm unto the grantees.their heirs and assigns forever,not In tenancy in common but injoint tenancy, an be real property together with improvements,if any,situate,lying and being in the County of Wel d and State of Colorado,described as follows: See Description attached hereto and made a part hereof. also known by street and number as Vacant Land, Weld County, Colorado TOGETHER with all and singular the hereditarnents and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof.and all the estate,right title,interest, claim and demand whatsoever of the grantor,either in law or equity,of,in and to the above bargained premises, with the heredimments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,their heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantees,their heirs and assigns,that at the tint of the=ailing and delivery of these presents,he is well seized of the premises above conveyed,has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,and has good right,full power and lawful authority to grant bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other pants,bargains,sales.liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature soever, except for taxes for the current year,a lien but not yet due and payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section Sa[Title Review],of the contract dated February 5, 2002 ,between the parties. The grantor shall and will WARRANTAND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantees,their heirs and assigns,against at and every person or persons lawfully claiming the whole or any part thereof. The singular number shall includ the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHjF OF, ee grantor has executed this deed on the dab set forth above. . Bruce Jo on STATE OF COLORADO COUNTY OF WELD )Ss. ) The foregoing instrument was acknowledged before me this 9th day of May 2002.by A. Bruce Johnson My Commission expires: July 15, 2005 Witness my,4)jp d ficial seaL 1 ' Notary blic Carrie Walker a WARRANTY DE®(to Ube Tenants)munnw) Ill.*11O17664Aal 41 /6 ►►II►►►11►►1►►1►►11 I II 11111111111 MUM 11111►►1►►III 2950607 06/10/2002 03:03P JA Sukl Tiukamoto 2 of 2 H 10.00 0 23.00 Weld County CO Vacant Land LEOAL DESCRIPTION OP DEED DATED May 9, 2002 Lot B of Recorded Exemption No. 0709-36-4-RE 1471, recorded March 17, 1993 in Book 1374 at Reception No. 2325338, being a part of the North Half of the Southeast Quarter of Section 36, Township 7 North, Range 65 West of the 6th P.M., AND Lot B of Recorded Exemption No. 0709-36-4-RE 3266, recorded May 6, 2002 at Reception No. 2949140, being a part of the South Half of the Southeast Quarter of Section 36, Township 7 North, Range 65 West of the 6th P.M., TOGETHER WITH: 3 Shares of Larimer & Weld Irrigation Co. 7 Shares of Owl Creek Supply and Irrigation Co. County of Weld, State of Colorado File UO17661A02 Hello