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    17.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 09/07/2017  
Subject:    Case 17-33V, Special Assessment Objection, Robert & Julie Elliot, 3530 121st Ave NW, 08-31-24-13-0015
From: Trevor White

INTRODUCTION
Unpaid penalties in the amount of $1,394.00 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 09/16/2015, Administrative Citation #62387-25820 was issued with one count for exterior storage ($300.00 penalty). The citation established a compliance date of 09/23/2015. The citation was mailed to the owner of record and was not returned as undeliverable. 

On 09/21/2015, property owner Robert Elliot came into City Hall requesting a time extension. In my discussion with Mr. Elliot, we talked about what items were prohibited in exterior storage. Mr. Elliot talked about the three season porch that was being built and I let him know that the materials in conjunction with the project were okay as long as there was an active building permit, which he had obtained. To my knowledge, the only items in exterior storage in the rear yard at the time were there for the three season porch project Mr. Elliot was working on. A 30-day time extension was granted.

On 10/28/2015, the property was re-inspected and found in compliance. No penalties were charged.

In September 2016, a complaint was received regarding exterior storage at this property. The complainant talked about building materials, scrap and garbage that was piled in the rear yard around a shed. Up until this time, I had been aware of and had issued Administrative Citations only for exterior storage that was visible in the front and side yards . 

On 09/14/2016, Administrative Citation #66068-27058 was issued with one count for exterior storage ($300.00 penalty). The citation established a compliance date of 09/24/2016. The citation was mailed to the owner of record and not returned as undeliverable.

On 09/26/2016, the property was re-inspected and found not in compliance with exterior storage of items in the rear yard. The items in the front of the property had been removed, so some additional time was given.

On 10/07/2016, the property was again re-inspected and found not in compliance. There had been no contact from the property owner. The gate into the rear yard appeared to be locked and it was decided to issue a Second Administrative Citation instead of proceeding with abatement of the items. The $300.00 penalty from Administrative Citation #62387-25820 was charged.

Penalty charged: $300.00

On 10/07/2016, a Second Violation Administrative Citation #66068-27144 was issued with one count for exterior storage ($600.00 penalty). The citation established a compliance date of 10/17/2016. The citation was mailed to the owner of record and was not returned.

On 10/28/2017 the property was re-inspected and found not in compliance with the exterior storage. The exterior storage of items in violation were abated. During the abatement, property owner Julie Elliot allowed us access to the rear yard and it was at this point I realized the gate was not locked. Ms. Elliot then called her husband Robert and I spoke with Mr. Elliot about the citations and the lack of communication on his part. I was of the opinion that he seemed frustrated but understood why the abatement was taking place. I advised Mr. Elliot that we would not charge any of the $600.00 fpenalties from the Second Administrative Citation. I continued to talk with and work with Ms. Elliot who moved things she wanted to keep into a storage shed. 

Penalty charged:  abatement costs of $1,020.00 plus a $74.00 abatement administrative fee.

Total penalties charged: $1,394.00
ACTION REQUESTED
In Case 17-33V, it is requested the Board of Adjustment and Appeals recommend the City Council affirm the $1,394.00 special assessment in its entirety.    

Attachments
Supporting Documents

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