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    9.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 12/06/2018  
Subject:    Case 18-24V, Special Assessment Objection, Aaron Lowell, 11628 Foley Blvd NW, 13-31-24-12-0066
From: Laura LeVasseur

INTRODUCTION
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 09/12/2018, Administrative Citation # 72877-33300 was issued with one count for prohibited exterior storage ($300.00 penalty).  The citation established a compliance date of 09/22/2018. The citation was mailed to the owner of record (same address) and was not returned as undeliverable.
 
On 09/24/2018, the property was re-inspected and remained in violation. Some of the items in exterior storage had been removed, however the rest of the debris including windows, lumber and building material had been moved to the side of the garage and remained visible from the street. The $300.00 penalty for prohibited exterior storage was charged.
 
Penalty charged: $300.00
 
On 09/24/2018, a Second Violation Administrative Citation #72877-33533 was issued for prohibited exterior storage. As a second violation, the penalty for each count doubled; $600.00 penalty. The citation established a compliance date of 10/04/2018. The citation was mailed to owner of record (same address) and was not returned as undeliverable.  
 
On 09/26/2018, the property owner called upset about second citation and stated he didn’t understand the “exterior storage”. He thought if he moved the items from the curb to the side of the garage that he would be in compliance. Staff attempted to explain that the citation explains and lists that the items must be removed from exterior storage. The property owner was upset and hung up.
 
On 10/05/2018, the property was re-inspected and found to be in compliance. Because this was a subsequent violation, one-half of the $600.00 penalty is waived, resulting in a $300.00 penalty.
 
Penalty charged: $300.00
 
Total penalties charged: $600.00
ACTION REQUESTED
In Case 18-24V, it is requested the Board of Adjustment and Appeals recommend the City Council affirm the $600.00 special assessment in its entirety.

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