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Board of Adjustment and Appeals - Regular Session
Case 18-16V, Special Assessment Objection, Jon Lindberg, 10031 Sycamore St NW, 26-31-24-11-0033
Unpaid penalties in the amount of $600.00 associated with code enforcement activity against the subject property are proposed to be assessed to the property. The property owner has filed an objection to the assessment.
BACKGROUND & CONSIDERATIONS
The following chronology relates to the actions and procedures leading to the special assessment in this matter.
On 08/01/2018, Coon Rapids Police and Anoka County Drug Task Force were executing a search warrant at the subject property. City staff were called out to assist law enforcement due to the conditions at the property.
On 08/01/2018, multiple Administrative Citations were issued to the subject property for the number of major recreational vehicles, number of recreational vehicles stored on the property, number of trailers stored on the property and a prohibited accessory structure. Each of these carried a $300.00 penalty. Multiple Second Violation Administrative Citations were also issued to the subject property for parking off pavement, junk vehicles and exterior storage. Each of these carried a $600.00 penalty. The citations were mailed to the owner of record (same address) and were posted on the property.
On 08/08/2018, the property owner signed a time extension agreement stating the property would be in compliance with each count by 09/07/2018. By signing this time extension agreement, the property owner waived further right to appeal these citations and agreed to pay the citation penalties or have the penalties assessed to the property taxes if the violations were not corrected by the new compliance date.
On 09/10/2018, City staff met the property owner on-site for the re-inspection. There had been significant progress, however, the parking off pavement and junk vehicle violations remained. Staff gave the property owner a verbal time extension of one-week to get the remaining violations corrected. The property owner was advised that if compliance is not achieved by 09/17/2018, the citation fees would be charged and additional Administrative Citations would be issued.
On 09/19/2018, the property was re-inspected and the parking off pavement ($600.00 penalty) and junk vehicles ($600.00 penalty) remained. The Second Violation Administrative Citations that were issued were charged, however there was a clerical error in the time extension agreement resulting in a $300.00 penalty being charged for parking off pavement and a $300.00 penalty being charged for a junk vehicle. Due to the signed time extension agreement by the property owner, these penalties are not eligible for appeal.
Penalty charged: $600.00 (not eligible for appeal)
On 09/19/2018, Administrative Citation #72433-33484 was issued for a ground level container storage ($300.00 penalty). A Second Violation Administrative Citation #72433-33485 was issued with two counts, one for parking off pavement ($600.00 penalty), and one count for a junk vehicle ($600.00 penalty) as a second violations, the penalties for each count doubled. The citations established a compliance date of 09/30/2018. The citations were mailed to the owner of record (same address) and not returned as undeliverable.
On 10/02/2018, the property was re-inspected and found in compliance with City Code. Because the citation for parking off pavement and junk vehicle were subsequent citations and compliance was met by the compliance date, one-half of the $600.00 penalties were waived, resulting in a $300.00 penalty for each violation. Penalty Charged: $600.00.
Total penalty charged: $600.00
In Case 18-16V, it is requested that the Board of Adjustment and Appeals recommend the City Council affirm the $600.00 special assessment in its entirety.
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