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Board of Adjustment and Appeals - Regular Session
Case 17-30V, Special Assessment Objection, Julie Newburry, 2331 Coon Rapids Blvd NW, 22-31-24-22-0067
Unpaid penalties in the amount of $2,992.00 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 up to the special assessment in this matter.
On 10/14/2016, Administrative Citation #66401-27171 was issued with three counts. One count for exterior storage ($300.00 penalty), one count for collection containers out on non-collection day ($300.00 penalty) and one count for failure to properly display house numbers ($300.00 penalty). The citation established a compliance date of 10/27/2017. The citation was mailed to the owner of record and was not returned as undeliverable.
On 10/31/2016, a follow-up inspection was conducted and it was noted that there were tables covered by tarps on the driveway. It appeared as though the property was set up for a garage sale, however, there were no signs, no one was outside and nothing appeared to have been moved. Pictures were not taken at this time.
On 11/09/2016, the property was re-inspected and found in compliance with two counts of Administrative Citation #66401-27171. The collection containers were removed and the house numbers were displayed. The exterior storage was not in compliance and the $300.00 penalty for exterior storage was applied. After consulting with the City Attorney, it was decided to issue a subsequent citation for exterior storage because the violation remained but it was difficult to determine what could be abated.
Penalty charged: $300.00
On 11/10/2016, a Second Violation Administrative Citation #66401-27246 was issued with one count for exterior storage ($600.00 penalty). The citation established a compliance date of 11/21/2016. The citation was mailed to the owner of record and not returned.
On 11/29/2016, the property was re-inspected and found not in compliance with the citation for exterior storage. There had not been much change in the property from the inspection for the previous citation. The City Attorney was consulted and it was decided to proceed with an abatement on 11/30/2016 and to remove any items not intended for exterior storage.
On 11/30/2017, staff was advised by the Coon Rapids Police Department to delay the abatement, for reason related to police matters, until 12/1/2016.
On 12/1/2016, the property was re-inspected and found not in compliance. The items in violation were abated and the $600.00 penalty for exterior storage was applied.
Penalties charged: $600.00 administrative penalty plus abatement costs of $2,018.00 and a $74.00 abatement administrative fee.
Total penalties and costs charged: $2,992.00
In Case 17-30V, it is requested that the Board of Adjustment and Appeals recommend the City Council affirm the $2,992.00 special assessment in its entirety.
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