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    4.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 09/07/2017  
Subject:    Case 17-20V, Special Assessment Objection, Crystal Beseke, 46 106th Ave NW, 24-31-24-14-0070
From: Heather Rodgers

INTRODUCTION
Unpaid penalties in the amount of $1,933.00 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 09/29/2016, Administrative Citation #66257-27116 was issued for open garbage containers ($300.00 penalty) and a Second Violation Administrative Citation #66257-27117 was issued for exterior storage ($600.00 penalty). The latter was a subsequent citation issued within 180 days of the first citation for exterior storage so the penalty was doubled. The citations established a compliance date of 10/09/2016. The citations were mailed to the owner of record (same address) and were not returned as undeliverable.

On 10/11/2016, the property was re-inspected and remained in violation of City Code for both exterior storage and open garbage containers. Abatement for the exterior storage was scheduled with the City’s abatement contractor.

On 10/12/2016, the exterior storage was abated. The $300.00 penalty for open garbage containers, the $600.00 penalty for exterior storage, abatement costs of $359.00 and a $74.00 abatement administrative fee were charged.

Penalties, costs and fees charged: $1,333.00

On 05/17/2017, Administrative Citation #68048-28421 was issued with two counts--one for open garbage containers ($300.00 penalty) and one for parking off an improved surface ($300.00 penalty). The citation established a compliance date of 05/27/2017. The citation was mailed to the owner of record (same address) and was not returned.

On 05/17/2017, an administrative citation was issued for long grass and/or weeds exceeding eight inches in height, the maximum allowed by City Code. The citation established a compliance date of 05/24/2017. The citation was posted at the property and a courtesy letter was mailed to the owner of record.

On 05/25/2017, the property was re-inspected. The yard had not been mowed and remained in violation of City Code. The $300.00 penalty was applied and an abatement order was issued for the City’s mowing crew to mow the property.

On 05/31/2017, the City’s mowing crew abated the violation.

Penalty charged: $300.00

On 06/07/2017, the property was re-inspected for open garbage containers and parking off an improved surface. The garbage containers were found to be compliant but the vehicle remained in violation of City Code for parking off an improved surface. The $300.00 penalty was charged.

Penalty charged: $300.00

On 06/08/2017, Administrative Citation #68048-28591 was issued with two counts. One for a vehicle on residential property displaying expired registration ($300.00 penalty) and one for noncompliant location of garbage containers ($300.00 penalty) and a Second Violation Administrative Citation #68048-28590 was issued for parking off an improved surface ($600.00 penalty). The latter was a subsequent citation issued within 180 days so the penalty was doubled. The citations established a compliance date of 06/18/2017. The citations were mailed to the owner of record (same address) and were not returned.

On 06/23/2017, the property was re-inspected and found compliant. Per City Code 2-1104, because the citation for parking off an improved surface was a subsequent citation for the same violation and compliance was met by the compliance date, one-half of the $600.00 penalty was waived. This should have resulted in a $300.00 penalty. Due to administrative error, the $300.00 penalty was inadvertently not charged.

Total penalties, costs and fees charged: $ 1,933.00
ACTION REQUESTED
In Case 17-20V, it is requested that the Board of Adjustment and Appeals recommend the City Council affirm the $1,933.00 special assessment in its entirety.

Attachments
Supporting Documents

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