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    12.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 09/07/2017  
Subject:    Case 17-28V, Special Assessment Objection, Aiping Wei, 511 Coon Rapids Blvd NW, 25-31-24-31-0005
From: Trevor White

INTRODUCTION
Unpaid penalties in the amount of $6,067.00 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 actions and procedures leading up to the special assessment in this matter.

On 01/25/2017, Administrative Citation #66959-27355 was issued with one count for exterior storage ($300.00 penalty) for items including building materials, auto parts, household items, tires, 55-gallon drums, abandoned items, garbage and miscellaneous junk and debris, and one count for inoperable/unlicensed vehicles ($300.00 penalty) for multiple vehicles with flat tires, missing parts or expired registrations. The citation established a compliance date of 02/04/2017. Because this was a rental property the citation was mailed to the property owner of record as well as to the property addressed to “occupant” and neither one was returned as undeliverable.

On 01/25/2017, the property at 511 Coon Rapids Blvd. was posted as “Uninhabitable” due to being without gas, electric and water services.

On 1/31/2017, a complaint was received regarding exterior storage at the property. I advised the caller that there was an open file and explained the Administrative Citation process. 

On 02/03/2017, Coon Rapids Housing Inspector Leya Drabczak received an email from property owner Alan Wei asking for additional time to comply with the citations that he received.

On 02/06/2017, the above referenced email was forwarded to Property Maintenance Inspector Trevor White. A response was emailed to Alan Wei this same day advising on how to get a time extension. Mr. Wei replied this same day stating he spoke with the tenant and that she said everything was taken care of on the property and that a time extension would not be needed.

On 02/06/2017, the property was re-inspected and found not in compliance. Because there had been some communication with the property owner, additional time was given despite the owner's statement that it was not needed. An abatement was scheduled for 02/13/2017 if compliance was not achieved by that date.

On 02/13/2017, the property was re-inspected and found not in compliance. The exterior storage items had not been removed and the junk vehicles remained. The property was abated of the exterior storage items and two junk vehicles were towed according to the City's Towing Policy. The $300.00 penalty for exterior storage and the $300.00 penalty for junk vehicles were applied.

Penalty charged: $600.00 ($300.00 + $300.00) administrative penalties plus abatement costs of $3,099.00 and a $74.00 abatement administrative fee

On 02/13/2017, while at the property for the abatement activity, staff found the dwelling to be unsecured  There were multiple open doors and a possible forced entry. The Coon Rapids Police Department (CRPD) had concerns about the history of the property and the ability of individuals to hide in the dwelling. The large front and rear windows of the structure were covered with clear plexiglass panels so the property would not appear vacant and boarded up from Coon Rapids Boulevard. A hasp and padlok were placed on all exterior doors. CRPD did a sweep of the dwelling to verify it was empty before it was secured by the City's contractor.

Cost for securing the property: $1,320.00 contractor's invoice plus a $74.00 abatement administrative fee

During the afternoon of 02/13/2017, a dumpster was dropped off at the property. This was not done in coordination with the City's abatement activity that took place on this date and the dumpster was not present at the property when the abatement started earlier that day.

On 02/14/2017, Administrative Citation #66959-27464 was issued with one count for a vehicle parked off pavement ($300.00 penalty). The citation established a compliance date of 02/27/2017. The citation was mailed to the owner of record and was not returned.

On 02/14/2017, a Second Violation Administrative Citation #66959-27466 was issued with one count for inoperable/unlicensed vehicles; as a second violation, the penalty doubled to $600.00. The citation established a compliance date of 02/27/2017. The citation was mailed to the property owner of record and was not returned.  

On 02/14/2017, Housing Inspector Leya Drabczak received an email from Mr. Wei asking about the locks being changed at 511 Coon Rapids Blvd. Inspector Drabczak advised him that keys could be obtained at City Hall or that staff could meet Mr. Wei on site and give him the keys. Mr. Wei acknowledged that the tenant previously living at 511 Coon Rapids Blvd. was now living at an adjacent property he owned located at 9570 Juniper St. 

On 02/20/2017, a CRPD report of an unsecured garage was received. Police followed extension cords from the subject property to 9570 Juniper St., the adjacent property owned by Alan Wei. They spoke with the tenant who told police she moved from 511 Coon Rapids Blvd. to 9570 Juniper St. in December 2016. The tenant advised police that she would secure a broken window on the garage to prevent unauthorized access.

On 03/03/2017, the property was re-inspected and the inoperable/unlicensed vehicle had been removed and compliance achieved.  Because this was a subsequent citation, one-half of the penalty was waived resulting in a $300.00 penalty. Upon re-inspection the vehicle parked off pavement was still in violation. The $300.00 penalty for parking off pavement was applied.

Penalty charged: $600.00 ($300.00 + $300.00)

On 03/06/2017, a complaint was received regarding the dumpster being an eye sore on this property. I explained the City Code to the complainant stating that the dumpster could be on the property for up to 30 days without a building permit or 6 months with an active building permit.  It was noted there were no building permits on file.

On 3/06/2017, a Second Violation Administrative Citation #66959-27787 was issued with one count for parking off pavement; as a second violation, the penalty doubled to $600.00. The citation established a compliance date of 03/16/2017. The citation was mailed to the property owner of record and was not returned. 

On 03/20/2017, the property was re-inspected and found in compliance. Because this was a subsequent violation, one-half of the penalty was waived resulting in a $300.00 penalty.

Penalty charged: $300.00

On 03/20/2017, a courtesy email was sent to Mr. Wei regarding the dumpster on the property. The dumpster had been on the property since 02/13/2017, which was over the 30 days permitted without a building permit and was now in violation of City Code. I advised Mr. Wei that the dumpster needed to be removed or building permits needed to be issued, or an Administrative Citation would be issued. Initiating from a plea by the property owner, it was decided by the Mayor and Community Development Director to allow the dumpster in violation to remain for an additional 30 days without further action needed.

On 4/26/2017, Administrative Citation #67698-28288 was issued with one count of having a dumpster on residential property for over 30 days with no building permits ($300.00 penalty). The citation established a compliance date of 05/06/2017. The citation was mailed to the owner of record and was not returned.

On 05/09/2017, the property was re-inspected and the dumpster had been removed and no penalty was charged.
 
Total penalties charged: $6,067.00, including administrative penalties, abatement costs and an administrative abatement fee.
ACTION REQUESTED
 In case 17-28V, it is requested that the Board of Adjustment and Appeals recommend the City Council affirm the $6,067.00 special assessment in its entirety.

Attachments
Supporting Documents (1)
Supporting Documents (2)

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