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Board of Adjustment and Appeals - Regular Session
Case 17-21V, Special Assessment Objection, Mariela Lopez Jorge, 10160 Linnet St NW, 22-31-24-43-0027
Unpaid penalties in the amount of $600.00 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 to the special assessment in this matter.
On 03/01/2017, Administrative Citation #67168-27754 was issued with one count for parking off pavement ($300.00 penalty) and one count for an illegal accessory structure ($300.00 penalty). The citation established a compliance date of 03/12/2017. The citation was mailed to the owner of record and was not returned as undeliverable.
On 03/07/2017, the boyfriend of the property owner came into City Hall asking about the citation. He stated he would be removing the accessory structure when the weather warmed up. He was advised that if a time extension would be needed the property owner would need to submit the request.
On 03/16/2017, the property was re-inspected and found not in compliance with the parking off pavement or the illegal accessory structure. The $300.00 parking off pavement and $300.00 illegal accessory structure penalties were applied.
Penalties charged: $600.00 ($300.00 and $300.00)
On 03/16/2017, a Second Violation Administrative Citation #67168-27894 was issued with one count for parking off pavement ($600.00 penalty) and one count for the illegal accessory structure ($600.00 penalty). The citation established a compliance date of 03/26/2017. The citation was mailed to the owner of record and was not returned.
On 03/16/2017, property owner Mariela Jorge called this office saying the shed structure would be removed over the weekend and the vehicles will no longer be parked off pavement. Ms. Jorge was advised that a Second Violation Administrative Citation was issued to the property on that date. She was also advised that a $300.00 penalty for each of the two counts of the first citation had been charged to the property. Because the second citation was mailed out the same day Ms. Jorge called, I advised her that if the property were in compliance by 03/20/2017, none of the $600.00 Second Violation Administrative Citation fees would be charged.
On 03/20/2017, the property was re-inspected and found in compliance. None of the fees from Second Violation Administrative Citation #67168-27894 were charged.
Total penalties charged: $600.00
In case 17-21V, it is requested that the Board of Adjustment and Appeals recommend the City Council affirm the $600.00 special assessment in its entirety.
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