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Board of Adjustment and Appeals - Regular Session
Case 17-26V, Special Assessment Objection, Cassandra Johnson Lake Evans, 11417 Round Blvd NW, 17-31-24-24-0005
Unpaid penalties in the amount of $4,800.00 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.
Between 01/28/2015 and 02/12/2015 four notices, including violation notices, were mailed by the Coon Rapids Chief Building Official to this property regarding open building permits for exterior work. Because no progress was being made in the exterior maintenance of this property, it was decided to use the Administrative Citation Program in an attempt to gain compliance.
Between 03/31/2016 and 10/25/2016 a number of Administrative Citations were issued to this property owner in attempt to gain compliance. At this time, only the last two Administrative Citations issued are eligible for appeal on this special assessment roll.
On 09/08/2016, a Fourth Violation Administrative Citation #63923-27040 was issued for exterior maintenance. As a fourth citation, the penalty for each count had reached the maximum amount ($2,400.00). This citation established a compliance date of 10/08/2016. The citation was mailed to the owner of record and not returned as undeliverable.
On 10/12/2016, the property was re-inspected and found not in compliance. Inspection notes indicate there were no apparent changes in the exterior maintenance, there had been no communication from the property owner, the siding was unchanged and the overhang that had been constructed without a building permit remained. The $2,400.00 penalty for exterior maintenance was applied.
Penalty charged: $2,400.00
On 10/12/2016, a subsequent Fourth Violation Administrative Citation #63923-27152 was issued for exterior maintenance. As a subsequent Fourth Violation, the penalty for each count was at the maximum: $2,400.00 penalty. The citation established a compliance date at 11/11/2016. The citation was mailed to the owner of record and was not returned.
On 11/28/2016, the property was re-inspected and found not in compliance. There was no visible change, there still had been no communication from the property owner and the $2,400.00 penalty regarding the subsequent Fourth Violation Administrative Citation was applied.
Penalty charged: $2,400.00
On 11/28/2016, it was decided by the Coon Rapids City Attorney's office and the Chief Building Official to utilize other legal means in an attempt to gain compliance and that no additional citations for exterior maintenance would be issued at that time.
Total penalties charged: $4,800.00
In Case 17-26V, it is requested the Board of Adjustment and Appeals recommend the City Council to affirm the $4,800.00 special assessment in its entirety.
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