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    15.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 09/07/2017  
Subject:    Case 17-31V, Special Assessment Objection, Allure Investments LLC, 964 123rd Ln NW, 11-31-24-11-0056
From: Leya Drabczak

INTRODUCTION
Unpaid penalties in the amount of $1,200.00 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 to this matter.

On 7/5/2016, staff received information from Building Inspections Division staff stating the above property was operating without a Rental License and that tenants were occupying the property. Administrative Citation #65088-26842 was issued in the amount of $300.00 for failure to obtain a rental license. A compliance date of 8/5/2016 was established.

On 8/1/2016, staff spoke to the owner of record at City Hall regarding the property. The property owner admitted that the property is indeed a rental property. The property owner stated an application would be submitted by the end of that week. The property owner was given the City's rental licensing packet, including all required forms.

On 10/13/2016, staff reviewed the file and noted no application had been received and the property remained in violation. Anoka County Property Records web site was accessed and showed no change in ownership. Per City policy, the property was posted with a placard stating it was an unlicensed rental property. A copy of all enforcement documents was sent to the property owner of record and a duplicate set was left at the property for the tenants.

Penalty charged:  $300.00.

On 10/20/2016, the property owner called staff and claimed the application and fee had been submitted. Staff verified that the forms had not been received. Staff asked the property owner to inquire with their bank to verify the check had been cashed.

On 11/1/2016, the rental application was received in City Hall. The required background check was completed on the property owner only as there was no agent listed on the application.

On 11/7/2016, the property owner cancelled the scheduled rental inspection and requested it be rescheduled in December between tenants; the request was granted. The property owner stated he would call to schedule an inspection.

On 1/12/2017, staff reviewed the file and noted there had been no communication from the property owner to schedule the rental inspection in December 2016.

On 2/23/2017, staff issued Administrative Citation #66588-27618 with a penalty of $300.00 for failure to submit a required Crime Free Multi Housing Training Certificate or proof of registration to attend the training. A compliance date of 3/29/2017 was established. The citation was sent to the property owner at the address listed on the application as well as the address on the Anoka County Property Records web site. No agent was listed for this property.

On 4/6/2017, staff reviewed the file and noted there had been no response from the property owner and that the mail had not been returned as undeliverable.
  
Penalty charged:  $300.00.

On 5/15/2017, staff issued a second Administrative Citation #66588-28025 with a penalty of $600.00 for failure to submit a required Crime Free Multi Housing Training Certificate or proof of registration for a pending class. A compliance date of 6/15/2017 was established.

On 5/16/2017, staff spoke to the property owner of record regarding the Crime Free Multi Housing Training Certificate. Staff instructed the property owner on where to find the class offering and advised the property owner that the Rental License cannot be issued without a certificate. The property owner stated he would be taking the class as he is not employing an agent.

On 6/21/2017, staff completed the Rental Inspection at the property, however, the license could not be issued until the Crime Free Multi Housing Training Certificate had been submitted.

On 7/10/2017, staff reviewed the file and noted that no Crime Free Multi Housing Training Certificate or proof of registration had been submitted to the City. No response from property owner had been received and no mail had been returned as undeliverable.

Penalty charged $600.00.

On 7/10/2017, staff reviewed the Rental License application; no agent was listed. Anoka County Property Records were verified and showed no change in ownership. Staff left a phone message for the property owner of record asking for the status of the Crime Free Multi Housing Training Certificate and advised that the Rental License could not be issued until this is received.

On 7/13/2017, staff issued a third Administrative Citation #66588-28904 with a penalty of $1,200.00 for failure to submit a required Crime Free Multi Housing Training Certificate or proof of registration. A 7/31/2017 date of compliance as established.

On 8/2/2017, the property owner submitted a written objection to their pending special assessments claiming that they registered for a Crime Free Multi Housing Training class to be held in September of 2017. Given this information, staff administratively removed the third violation Administrative Citation #66588-28904 in the amount of $1,200.00.

Total penalties charged: $1,200.00 ($300.00, $300.00, $600.00)
 
ACTION REQUESTED
In case 17-31V, it is requested that the Board of Adjustment and Appeals recommend the City Council affirm the $1,200.00 assessment in its entirety.

Attachments
Supporting Documents

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