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    4.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 12/06/2018  
Subject:    Case 18-19V, Special Assesment Objection, Darlene Thielen, 10026 Grouse St NW, 27-31-24-11-0014
From: Trevor White

INTRODUCTION
An unpaid penalty in the amount of $1800.00 associated with code enforcement activity against the subject is 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 02/01/2018, City staff was notified from an outside law enforcement agency of issues at this property and that a search warrant would be executed 02/02/2018.

On 02/02/2018, Administrative Citation #70353-30125 was issued with two counts, one for a vehicle with expired registration displayed ($300.00 penalty) and one count parking vehicles off an improved surface ($300.00 penalty).  The citation established a compliance date of 02/12/2018.  The citation was mailed to the owner of record (same address) and not returned as undeliverable.

On 02/02/2018, a Subsequent Administrative Citation #70353-30124 was issued with one count of prohibited exterior storage.  Because this was a subsequent citation within 180 days the penalty doubled: $600.00.  The citation established a compliance date of 02/12/2018.  The citation was mailed to the owner of record (same address) and not returned as undeliverable.

On 02/15/2018, the property was re-inspected and found to be in compliance with the parking off pavement and the exterior storage violations.  Because the exterior storage citation was a subsequent violation, one-half of the penalty was waived resulting in a $300.00 penalty.  The vehicle with expired registration displayed remained in violation resulting in a $300.00 penalty.

Penalties charged: $600.00

On 02/15/2018, a Second Violation Administrative Citation #70353-30181 was issued with one count for a vehicle with expired registration displayed.  Because this was a subsequent citation within 180 days the penalty doubled: $600.00.  The citation established a compliance date of 02/25/2018.  The citation was mailed to the owner of record (same address) and not returned as undeliverable.

On 02/27/2018, a follow-up inspection was conducted and it was noted that the vehicle remained in violation.  It was also noted that there was additional exterior storage at the property.

On 03/01/2018, the vehicle with expired registration remained in violation and the property owner was notified that the vehicle was being towed from the property.  The $600.00 penalty was charged.

Penalties charged: $600.00

On 03/01/2018, Administrative Citation #70353-30256 was issued with one count of prohibited exterior storage.  Because this was a subsequent citation within 180 days, the penalty doubled: $1200.00 penalty.  The citation established a compliance date of 03/10/2018.  The citation was mailed to the owner of record (same address) and not returned as undeliverable. 

On 03/14/2018, the property was re-inspected and found to be in compliance with the exterior storage.  Because this was a subsequent citation, one-half of the penalty is waived resulting in a $600.00 penalty.

Penalties charged: $600.00

Total penalties charged: $1800.00
 
ACTION REQUESTED
In case 18-19V, it is requested that the Board of Adjustment and Appeals recommend the City Council to affirm the $1800.00 special assessment in its entirety.
 

Attachments
Supporting Documents

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