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    1.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 12/06/2018  
Subject:    Case 18-15V, Special Assessment Objection, Syed Mahmood, 10625 Flamingo St NW, 23-31-24-23-0012
From: Tom Evans

INTRODUCTION
Unpaid penalties in the amount of $1,500.00 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 10/04/2017, a Rental License Renewal Form was mailed to the owner of record. The license renewal was due on 12/01/2017. The renewal form was mailed to the address provided by the property owner on their rental application as their home address which is also the same address listed on Anoka County Property Records. The mail was not returned as undeliverable.

On 01/31/2018, an Administrative Citation #58522-30080 was issued with one count for failure to renew a rental license that expired on 12/01/2017 ($300.00 penalty). The citation established a compliance date of 02/15/2018. Staff received no communication from the property owner and the mail was not returned as undeliverable.

On 02/22/2018, Staff reviewed the file and there still had been no communication with the property owner.  The property remained in violation.  The $300.00 penalty for failure to renew a rental license was charged.  

Penalty charged $300.00.

On 02/23/2018, a Second Violation Administrative Citation #58522-30228 was issued with one count for failure to renew a rental license that expired on 12/01/2017 ($600.00 penalty). The citation established a compliance date of 03/09/2018. The citation was mailed to the owner of record and was not returned as undeliverable.

On 03/05/2018, the Rental License Renewal Form and payment were received from the property owner and the rental inspection was scheduled.

On 03/26/2018, the Rental License Inspection was conducted and failed. A correction order was given to the owner of record with instructions to submit photographs of the repairs by 04/26/2018.

On 04/27/2018, Staff left a voicemail message with the owner of record requesting the photographs of the repairs due on 04/26/2018.

On 05/11/2018, Staff reviewed the file and found the property remained in violation without a valid rental license. Staff received no response from the property owner and the owner had not submitted the required photographs.  The $600.00 penalty for failure to renew a rental license was charged.  

Penalty charged $600.00.

On 05/11/2018, a Third Violation Administrative Citation #58522-31980 was issued with one count for failure to renew a rental license that expired on 12/01/2017 ($1200.00 penalty). The citation established a compliance date of 05/31/2018. The citation was mailed to the owner of record and was not returned as undeliverable.

On 05/17/2018, the property owner submitted all of the needed photographs and the Rental License was issued bringing the property into compliance. Because this was a subsequent violation, one-half of the penalty was waived resulting in a $600.00 penalty.

Penalty charged: $600.00.

Total Penalty Charged $1,500.00.
 
 
ACTION REQUESTED
In Case 18-15V, it is requested the Board of Adjustment and Appeals recommend the City Council affirm the $1,500.00 special assessment in its entirety.
 

Attachments
Supporting Documents

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