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Board of Adjustment and Appeals - Regular Session
Case 18-05V, Special Assessment Objection, Jennifer DeMello, 11445 Kerry St NW, 16-31-24-23-0032
An unpaid penalty in the amount of $300.00 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 09/07/2017, 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 09/14/2017. The citation was posted at the property and a courtesy letter was mailed to the owner of record (same address).
On 09/19/2017, while at the property for the re-inspection the long grass and weed inspector spoke with the property owner who needed some additional time. A new compliance date of 09/26/2017 was verbally agreed upon.
On 09/26/2017, the property was re-inspected and it was noted that the grass in the back yard had not been cut. Since compliance was not achieved, the $300.00 penalty was charged and an abatement order was issued for the City’s mowing crew to mow the property.
On 10/02/2017, the City’s mowing crew arrived at the property to find that the entire yard had been mowed and was in compliance.
Regardless of whether the City abates the violation of long grass, the citation fee is charged if compliance is not met by the date of re-inspection.
Penalty charged: $300.00
In case18-05V, it is requested the Board of Adjustment and Appeals recommend the City Council affirm the $300.00 special assessment in its entirety.
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