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    11.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 12/05/2019  
Subject:    Case 19-24V, Special Assessment Objection, Rodney Oien, 3825 122nd Ave NW, 08-31-24-23-0035
From: Heather Rodgers

INTRODUCTION
Unpaid penalties in the amount of $2,700.00 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 09/26/2018, the Coon Rapids Chief Building Official attempted to make contact with the property owner to discuss code violations regarding the rear porch windows. No one was at the property so he left his business card on the front door requesting a phone call.

On 10/02/2018, the Coon Rapids Chief Building Official made a second attempt to discuss code violations regarding the rear porch windows. He left his business card on the front door, again requesting a phone call.

On 10/05/2018, the property owner, Jackie Oien left a voice message for the Coon Rapids Chief Building Official stating she received his note and would have her husband start working on the porch windows.
 
On 10/09/2018, the Coon Rapids Chief Building Official spoke with the property owner, Jackie Oien regarding the code violations on the rear porch. The Chief Building Official informed Mrs. Oien a building permit is required for window installation and/or repairs.
 
On 05/20/2019, Administrative Citation #74981-37095 was issued with three counts, one count for exterior storage ($300.00 penalty), one count for parking a vehicle off an improved parking surface ($300.00 penalty) and one count for a vehicle displaying expired registration ($300.00 penalty). The citation established a compliance date of 05/31/2019. The citation was mailed to the owner of record (same address) and was not returned as undeliverable.
 
On 05/21/2019, the Coon Rapids Chief Building Official issued a Violation Notice to the property. The Violation Notice gave a compliance order to correct the conditions of the property within 30 days.
 
On 06/04/2019, the property was re-inspected. The exterior storage violation was in compliance, however, the violations for parking off an improved parking surface and a vehicle displaying expired registration remained. The $300.00 citation fee for parking off an improved parking surface and the $300.00 citation fee for a vehicle displaying expired registration were charged.

Penalty charged: $600.00

On 06/05/2019, a Second Violation Administrative Citation, #74981-37281 was issued for a vehicle parking off an improved parking surface and a vehicle displaying expired registration.  As a subsequent violation within 180 days, the penalty for each count doubled: $600.00 for each violation. The citation established a compliance date of 06/15/2019. The citation was mailed to the owner of record (same address) and was not returned as undeliverable.
 
On 06/18/2019, the property was re-inspected. The violations for parking off an improved parking surface and a vehicle displaying expired registration remained. The vehicles were abated by North Star Towing. The $600.00 penalty was charged for each violation.

Penalty charged: $1200.00

On 06/19/2019, the property owner called City staff to discuss the missing vehicles from his property. He stated he did not receive any notices. Staff advised Mr. Oien that the Citations were mailed and had not been returned.  Staff also discussed a face to face meeting they had with him at the property on October 10, 2018.  At that time there was a subsequent citation for a vehicle parking off an improved parking surface and Mr. Oien was informed that if the violations were not corrected the vehicles would be towed.

On 07/18/2019, Administrative Citation #75777-37611 was issued for non-compliant windows ($300.00 penalty). The citation established a compliance date of 08/17/2019. The citation was issued to the owner of record (same address) and was not returned as undeliverable.

On 08/26/2019, the property was re-inspected and remained in violation. There was no communication from the property owner and the $300.00 penalty was charged to the property.
 
Penalty charged: $300.00
 
On 08/26/2019, a Second Violation Administrative Citation # 75777-37948 was issued for non-compliant windows. As a subsequent violation within 180 days, the penalty doubled: $600.00 penalty. The citation established a compliance date of 09/26/2019. The citation was issued to the owner of record (same address) and was not returned as undeliverable.
 
On 10/02/2019, the property was re-inspected and remained in violation. There was no communication from the property owner and the $600.00 penalty was charged to the property.
 
Penalty charged: $600.00

Total Penalties Charged: $2700.00

Additional citations have been issued to this property for non-compliant windows, these citations are not being presented at this time as they did not meet the deadline for this special assessment role. 
 
ACTION REQUESTED
In Case 19-24V, it is requested that the Board of Adjustment and Appeals recommend the City Council affirm the $2700.00 special assessment in its entirety.
 

Attachments
Supporting Documents

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