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    11.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 12/06/2018  
Subject:    Case 18-26V, Special Assessment Objection, James Whitney, 2741 109th Ave NW, 21-31-24-12-0011
From: Trevor White

INTRODUCTION
An unpaid penalty in the amount of $2100.00 associated with code enforcement activity against the subject property 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 01/24/2018, Administrative Citation #70300-30043 was issued with one count for a vehicle with a missing tire and no license plate displayed ($300.00 penalty).  The citation established a compliance date of 02/03/2018.  The Citation was mailed to the owner of record (same address) and not returned as undeliverable.

On 02/08/2018, the property was re-inspected and compliance had not been achieved.  The $300.00 penalty for a junk vehicle with a missing tire and no license plates displayed was charged.

Penalty charge: $300.00

On 02/08/2018, a Second Violation Administrative Citation #70300-30149 was issued with one count for a vehicle with a missing tire and no license plate displayed ($600.00 penalty).  The citation established a compliance date of 02/18/2018.  The citation was mailed to the owner of record (same address) and not returned as undeliverable.

On 02/21/2018, the property was re-inspected and compliance had not been achieved.  The vehicle listed in the citation was blocked in and could not be towed.  The $600.00 penalty for a junk vehicle with a missing tire and no license plates displayed was charged.

Penalty charged: $600.00

On 02/22/2018, a Third Violation Administrative Citation #70300-30209 was issued with one count for a vehicle with a missing tire and no license plate displayed ($1200.00 penalty).  The citation established a compliance date of 03/04/2018.  The citation was mailed to the owner of record (same address) and not returned as undeliverable.

On 03/08/2018, the property was re-inspected and compliance was achieved.  Because this was a subsequent violation, one-half of the $1200.00 exterior storage penalty was waived resulting in a $600.00 penalty for a junk vehicle with a missing tire and no license plates displayed. 

Penalty charged: $600.00

On 07/10/2018, an Administrative Citation was issued for long grass and/or weeds exceeding eight inches in height, the maximum allowed by City Code.  The citation established a compliance date of 07/17/2017.  The citation was posted at the property and a courtesy letter was mailed to the owner of record (same address).

On 07/18/2018, the property was re-inspected and the grass had not been cut.  Since compliance was not achieved, the $300.00 penalty was charged and an abatement order was issued to the City’s contract mowing crew to mow the property.

On 07/19/2018, the property was mowed by the City’s contract mowing crew.

Penalty charged: $300.00

On 07/23/2018 staff received a complaint of the number of tenants in a rental property.  Staff verified the mailing address of owner in Brooklyn Park, MN.  An administrative Citation in the amount of $300.00 was issued for failure to obtain a rental license.  A compliance date of 08/23/2018 was established.
 
On 09/19/2018 Staff reviewed the file and there was no response from owner, and mail was not returned as undeliverable.  The $300.00 fee was forwarded to the finance department.
 
Additional citations have been issued to this property for failure to obtain a rental license, these citations are not being presented at this time as they did not meet the deadline.  The property remains in violation.

Penalty charged: $300.00

Total penalties charged: $2100.00
 
ACTION REQUESTED
In Case 18-26V, it is requested the Board of Adjustment and Appeals recommend the City Council affirm the $2100.00 special assessment in its entirety.
 

Attachments
Supporting Documents

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