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Board of Adjustment and Appeals - Regular Session
Case 18-09V, Special Assessment Objection, Randall Duba, 10299 Mississippi Blvd NW, 21-31-24-42-0093
Unpaid penalties in the amount of $1,200.00 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 07/11/2017, Administrative Citation #68791-28900 was issued with two counts. One for exterior storage ($300.00 penalty) and one for a vehicle displaying expired registration ($300.00 penalty). The citation established a compliance date of 07/21/2017. The citation was mailed to the owner of record (same address) and was not returned as undeliverable.
On 07/25/2017, the property was re-inspected and compliance had not been achieved. The $300.00 penalty for exterior storage and the $300.00 penalty for a junk vehicle with expired registration were charged.
Penalty Charged: $600.00
On 07/25/2017, a Second Violation Administrative Citation #68791-29008 was issued with two counts. As a second violation, the penalty for each count doubled. One for exterior storage ($600.00 penalty) and one for a vehicle displaying expired registration ($600.00 penalty). The citation established a compliance date of 08/04/2017. The citation was mailed to the owner of record (same address) and was not returned as undeliverable. This Administrative Citation was never posted at the property, only mailed. The only citation that is routinely posted on a property is the long grass and weed citation.
On 08/01/2017, property owner Randall Duba came in to request a 7 day time extension. City staff reviewed the time extension with Mr. Duba advising him that this was a subsequent citation and that even with compliance, one-half of the citation fees would be charged. Mr. Duba was also advised to read the entire time extension agreement before signing. The time extension was granted with a new compliance date of 8/11/18.
On 08/31/2017, the property was re-inspected and found to be in compliance. Because this was a subsequent violation, one-half of the $600.00 exterior storage penalty and one-half of the $600.00 vehicle displaying expired registration were waived resulting in a $300.00 penalty for exterior storage and a $300.00 penalty for a vehicle displaying expired registration. These fees are not eligible for appeal due to the time extension agreement that was signed by Mr. Duba.
Penalty charged: $600.00
Total penalties charged: $1,200.00
($600.00 eligible for appeal and $600.00 not eligible for appeal due to signed time extension agreement)
In Case 18-09V, it is requested that the Board of Adjustment and Appeals recommend the City Council affirm the $1,200.00 special assessment in its entirety.
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