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    7.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 07/11/2019  
Subject:    Case 19-10V, Special Assessment Objection, Kirk Knollenberg, 11951 Woodbine St NW, 08-31-24-31-0034
From: Laura LeVasseur

INTRODUCTION
Unpaid penalties in the amount of $1,500.00 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 to the special assessment in this matter.

On 04/04/2019, Administrative Citation #74322-35181 was issued with one count for no garbage service ($300.00 penalty). The citation established a compliance date of 04/15/2019. Confirmation from all five city licensed garbage haulers confirmed the property had no current garbage service. The citation was mailed to the owner of record (same address) and was not returned as undeliverable.

On 04/19/2019, the property was re-inspected and remained in violation. Confirmation from all five city licensed garbage haulers confirmed the property had no current garbage service. The $300.00 penalty for no garbage service was charged.

Penalty charged: $300.00

On 04/19/2019, a Second Violation Administrative Citation #74322-36696 was issued with one count for no garbage service. As a second violation, the penalty for each count doubled: $600.00. The citation established a compliance date of 04/29/2019. The citation was mailed to the owner of record (same address) and was not returned as undeliverable.

On 05/02/2019, the property was re-inspected and remained in violation. Confirmation from all five city licensed garbage haulers confirmed the property had no current garbage service. The $600.00 penalty for no garbage service was charged.

Penalty charged: $600.00

On 05/07/2019, a Third Violation Administrative Citation # 74322-36820 was issued with one count for no garbage service. As a third violation the penalty for each count doubled: $1,200.00. The citation established a compliance date of 05/17/2019. The citation was mailed to the owner of record (same address) and was not returned as undeliverable.

On 05/15/2019, the property owner left a voicemail explaining he now has current garbage service with Ace. He requested a call back, but did not leave a phone number. Staff confirmed with Ace Solid Waste that garbage service will begin on 05/16/2019. Later that day property owner left another voicemail with his phone number. Staff returned call and left a voicemail explaining that Staff had confirmed with Ace Solid Waste that his garbage service is scheduled for pickup 05/16/2019.

On 05/15/2019, the property was re-inspected, and was found in compliance with City Code. Per City Code Section 2-1104 any subsequent citation for the same violation 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: $1,500.00
ACTION REQUESTED
In Case 19-10V, it is requested the Board of Adjustment and Appeals recommend the City Council Affirm the $1,500.00 special assessment in its entirety.
 

Attachments
11951 Woodbine St Supporting Documents

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