Agenda

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Board of Adjustment and Appeals - Regular Session

Meeting Date:	12/05/2019
Subject: Case 19-19V, Special Assessment Objection, Brian McCormick, 10221 Palm St NW, 24-31-24-33-0047
From:	Heather Rodgers

INTRODUCTION

Unpaid penalties in the amount of $1,200.00 associated with code enforcement activity against the subject property is 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 to the special assessment in this matter.

On 08/07/2019, Administrative Citation #75994-37732 was issued with two counts, one count for a junk vehicle on residential property missing tires and license plate/tabs ($300.00 penalty) and one count for exterior storage ($300.00 penalty). The citations established a compliance date of 08/17/2019. The citation was mailed to the owner of record (same address) and was not returned as undeliverable.

On 08/23/2019, the property was re-inspected and remained in violation for a junk vehicle on residential property missing tires and license plate/tabs and exterior storage. The exterior storage was not abated due to multiple code violations. The $300.00 penalty for each violation was charged.

Penalty Charged: $600.00

On 08/23/2019, a Second Violation Administrative Citation #75994-37947 was issued with two counts, one count for a junk vehicle on residential property missing tires and license plate/tabs and one count for exterior storage. As a subsequent violation within 180 days, the penalty for each count doubled: $600.00 for each violation. The citations established a compliance date of 09/06/2019. The citation was mailed to the owner of record (same address) and was not returned as undeliverable.

On 09/10/2019, the property was re-inspected. The vehicle appeared to be in an operable condition and the exterior storage had been removed. The property was in compliance with city code. Per City Code Section 2-1104 - any subsequent citation for the same violation and found to be compliant by the compliance date, one-half of the citation penalty is waived, resulting in a $600.00 penalty.

Penalty charged: $600.00

Total Penalties Charged: $1,200.00

ACTION REQUESTED

In Case 19-19V, it is requested that the Board of Adjustment and Appeals recommend the City Council affirm the $1,200.00 special assessment in its entirety.

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Supporting Documents