Print Back to Calendar Return
    6.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 04/05/2018  
Subject:    Case 18-07V, Special Assessment Objection, Jose Coto, 1711 Main St NW, 03-31-24-44-0053
From: Heather Rodgers

INTRODUCTION
Unpaid penalties in the amount of $5,400.00 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.
 
City staff have received numerous complaints from residents and City Council members regarding code violations at 1711 Main Street. City staff have spoken to Mr.Coto on several occasions over past years regarding operating a prohibited business out of his residential property, exterior storage, parking off an improved parking surface and storage of his equipment.
 
On 8/22/2017, Administrative Citation #69217-29204 was issued with three counts, one count for exterior storage ($300.00 penalty), one count for the number of pieces of recreational equipment ($300.00 penalty), and one count for truck and trailer storage. The citation established a compliance date of 9/1/2017. The citation was mailed to the owner of record (same address) and the citation was not returned as undeliverable.
 
On 9/5/2017, the property owner submitted a 25 day time extension request. The request was granted, giving the property owner a new compliance date of 10/02/2017.
 
On 10/10/2017, the property was re-inspected and compliance was achieved for the number of pieces of recreational equipment and for the truck and trailer storage, but the exterior storage violation remained. The $300.00 citation was charged for exterior storage and since a time extension had been granted, this penalty is not eligible for appeal. During this re-inspection, new items were found in exterior storage so abatement of the items was not scheduled since they had not been specifically listed on the citation. A new citation will be issued to include the new items in violation. Additionally, other new violations were identified including a vehicle parked off pavement with expired registration and a boat with expired registration.

Penalty charged: $300.00 (not eligible for appeal)
 
On 10/11/2017, Administrative Citation #69217-29584 was issued with three counts, one count for parking a vehicle off an improved parking surface ($300.00 penalty), one count for a vehicle on residential property displaying expired registration ($300.00 penalty) and one count for major recreational equipment (boat) displaying expired registration ($300.00 penalty). A Second Violation Administrative Citation #29217-29583 ($600.00 penalty) was issued for exterior storage, and as a second violation, the penalty doubled. The citations established a compliance date of 10/21/2017. The citations were mailed to the owner of record (same address) and the citations were not returned as undeliverable.
 
On 10/30/2017, the property was re-inspected and all violations remained. Abatement for the exterior storage was scheduled with the City’s abatement contractor. The $600.00 citation penalty for exterior storage, $300.00 citation penalty for parking a vehicle off an improved parking surface, $300.00 citation penalty for a vehicle displaying expired registration and $300.00 citation penalty for major recreational equipment displaying expired registration were all charged.

Penalties charged: $1,500.00
 
On 10/31/2017, during the scheduled abatement of the property, City staff and a Coon Rapids Police Officer made contact with the property owner to discuss the Administrative Citations and the additional code violations at the property. Mr. Coto stated he had only received one of the administrative citations, and staff informed Mr. Coto both citations had been mailed in the same envelope. The Police Officer spoke with Mr. Coto about the lawn and snow equipment. Mr. Coto admitted that he does run his lawn and snow removal business out of his residential property. Mr. Coto indicated that he cannot afford to rent a commercial space for his business. Staff advised Mr. Coto that operating a lawn and snow removal business in a residential zoned neighborhood is prohibited. The exterior storage was abated.  The abatement costs of $826.00 and a $74.00 abatement administrative fee was charged.

Penalties charged: $900.00
 
On 11/02/2017, Administrative Citation #69217-29720 was issued for a fence in disrepair ($300.00 penalty). Additionally, a Second Violation Administrative Citation #69217-29721 was issued with two counts, one count for parking a vehicle off an improved parking surface ($600.00 penalty) and one count for a vehicle on residential property displaying expired registration ($600.00 penalty).
Another Second Violation Administrative Citation #69217-29722 was issued with two counts, one count for a major recreational equipment (boat) displaying expired registration ($600.00 penalty) and one count for storage of special mobile equipment ($600.00 penalty). The citations established a compliance date of 11/12/2017. Based off of the conversation the property owner had with city staff on 10/31/17, Administrative Citation #69217-29723 was also issued for operating a prohibited home occupation ($300.00 penalty). The citation established a compliance date of 12/04/2017. The citations were mailed to the owner of record (same address) and the citations were not returned as undeliverable.
 
On 11/29/2017, the property was re-inspected. The fence was repaired, and special mobile equipment, boat, and the vehicle with expired registration were removed. The citations for special mobile equipment, major recreational equipment (boat) displaying expired registration and vehicle displaying expired registration were subsequent citations for the same violations and compliance was met by the compliance date, one-half of the $600.00 penalties were waived, resulting in three separate $300.00 penalties ($900.00). The vehicle originally cited for parking off an improved parking surface was removed, however, a different vehicle was parked off an improved parking surface, so the $600.00 citation penalty was charged.

Penalties charged: $1,500.00
 
On 11/29/2017, a Third Violation Administrative Citation #69217-29855 ($1,200.00 penalty) was issued for parking a vehicle off an improved parking surface and a Third Violation Administrative Citation #69217-29856 ($1,200.00 penalty) was issued for exterior storage of tires, because these were subsequent citations, the penalties doubled. The citations established compliance dates of 12/09/2017. The citations were mailed to the owner of record (same address) and the citations were not returned as undeliverable.
 
On 12/20/2017 the property was re-inspected, the exterior storage was not visible, and the vehicle parked off an improved parking surface was removed. Because the citation for parking off an improved surface and exterior storage were subsequent citations for the same violations and compliance was met by the compliance date, one-half of the $1,200.00 penalties were waived, resulting in a $600.00 penalty per violation.

Penalties Charged: $1,200.00
 
Total Penalties charged: $5,400.00
 

ACTION REQUESTED
In Case 18-07V, it is requested that the Board of Adjustment and Appeals recommend the City Council affirm the $5,400.00 special assessment in its entirety.

Attachments
Supporting Documents

AgendaQuick©2005 - 2018 Destiny Software Inc., All Rights Reserved