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    2.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 04/05/2018  
Subject:    Case 18-03V, Special Assessment Objection, Randall Smith, 859 111th Ade NW, 14-31-24-44-0002
From: Heather Rodgers

INTRODUCTION
Unpaid penalties in the amount of $2,100.00 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 4/6/2016, a Second Violation Administrative Citation #63796-26463 was issued for lack of required garbage/recycling service ($600.00 penalty).  The citation established an 4/16/2016 compliance date.  On 4/15/2016, the property owner Randy Smith submitted an appeal to the Administrative Citation.  An incorrect zip code provided on the appeal form may have caused an issue with delivery of mail notifying Mr. Smith of the date and time of the appeal hearing, so it was rescheduled for 8/10/2016.  At the appeal hearing, the City's hearing examiner Cheryl Bennett considered the evidence and affirmed the administrative citation in its entirety.  On 8/11/2016, Mr. Smith was notified in writing of this determination and was explained that he needed to either obtain garbage service or make application for exemption from garbage/recycling collection service.

Penalty charged: $0.00


In the special assessment appeal currently being considered Randall Smith’s daughter, Brandy Herbst, indicated the documents from the hearing examiner had been addressed to her and she had been the point of contact regarding the appeal. Anoka County property records indicate Randall H. Smith as the sole owner of record. All documentation and communication regarding the property, the administrative citation and the related appeal had been with the property owner, Mr. Smith. 

On 7/21/2017, city staff received a complaint regarding the condition of the property and lack of required garbage collection service.

On 7/27/2017, city staff verified with the City's recycling coordinator that an application for exemption from garbage /recycling collection service had not been received. Staff also verified with the five City-licensed garbage haulers that the property was without required garbage/recycling service.

On 7/27/2017, an Administrative Citation #68994-29031 was issued for lack of required garbage/recycling service ($300.00 penalty). The citation established a compliance date of 08/06/2017. The citation was mailed to the owner of record and the citation was not returned as undeliverable.

On 8/28/2017, city staff reviewed the file and verified that the property was still without required garbage/recycling service and that no one from the property had responded to the citation or applied for an exemption from garbage collection service. The Administrative Citation penalty was charged.

Penalty charged: $300.00    

On 8/28/2017, a Second Violation Administrative Citation #68994-29265 was issued for lack of required garbage/recycling service ($600.00 penalty). The citation established a compliance date of 9/8/2017. The citation was mailed to the owner of record (same address) and the citation was not returned as undeliverable.

On 9/13/2017, Staff verified that the property was still without service and that no one from the property had responded to the citation or applied for an exemption from garbage collection service. The Second Violation Administrative Citation penalty was charged.

Penalty charged: $600.00

On 9/14/2017, a Third Violation Administrative Citation #68994-29365 was issued for lack of required garbage/recycling service ($1,200.00 penalty). The citation established a compliance date of 9/24/2017. The citation was mailed to the owner of record (same address) and the citation was not returned as undeliverable.

On 10/3/2017, Staff verified that the property was still without service and that no one from the property had responded to the citation or applied for an exemption from garbage collection service. The Third Violation Administrative Citation penalty was charged.

Penalty charged: $1,200.00

On 10/4/2017, a Fourth Violation Administrative Citation #68994-29528 was issued for lack of required garbage/recycling service ($2,400.00 penalty). The citation established a compliance date of 10/14/2017. The citation was mailed to the owner of record (same address) and the citation was not returned as undeliverable.

On 10/6/2017, Brandy Herbst (daughter of property owner) contacted city staff regarding the administrative citations. Ms. Herbst stated she had received the previous citations but discarded them since she was under the assumption the garbage collection service exemption was in place. City staff explained to Ms. Herbst that the exemption had never been submitted, therefore garbage service was required.

On 10/9/2017, an exemption form was emailed to Brandy Herbst. Ms. Herbst was informed the application needed to be received on or before the compliance date of 10/14/2017.

On 10/23/2017, city staff received the application which was submitted to the City's recycling coordinator for review.

On 10/25/2017, the City's recycling coordinator approved the application for the exemption from garbage/recycling collection service. The exemption is valid for one year, expiring on 10/25/2018. City staff waived the Fourth Administrative Citation fee of $2,400.00 due to compliance.

Penalty charged: $0.00

Total penalty charged: $2,100.00

ACTION REQUESTED
In Case 18-03V, it is requested that the Board of Adjustment and Appeals recommend the City Council affirm the $2,100.00 special assessment in its entirety.

Attachments
Supporting Documents

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