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    5.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 07/11/2019  
Subject:    Case 19-08V, Special Assessment Objection, Randall Michealson, 2810 118th Ln. NW. 09-31-24-34-0026
From: Heather Rodgers

INTRODUCTION
Unpaid penalties in the amount of $600.00 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 10/31/2018, Administrative Citation #73442-34655 was issued for a vehicle on residential property displaying expired registration ($300.00 penalty). The citation established a compliance date of 11/10/2018. The citation was mailed to the owner of record (same address) and was not returned as undeliverable.

On 11/26/2018, the property was re-inspected and remained in violation for a vehicle on residential property displaying expired registration. The $300.00 penalty was charged.

Penalty charged: $300.00

On 11/26/2018, a Second Violation Administrative Citation #73442-34732 was issued for a vehicle on residential property displaying expired registration.  As a subsequent violation within 180 days, the penalty doubled: $600.00 penalty. The citation established a compliance date of 12/07/2018. The citation was mailed to the owner of record (same address) and was not returned as undeliverable.

On 12/12/2018, the property was re-inspected and remained in violation, per division policy further enforcement action was delayed until after the first of the year.

On 1/7/2019, the property was re-inspected. The vehicle was removed from the property and was 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 $300.00 penalty.
 
Penalty charged: $300.00.

Total penalties charged: $600.00
 
ACTION REQUESTED
In Case 19-08V, it is requested that the Board of Adjustment and Appeals recommend the City Council affirm the $600.00 special assessment in its entirety.
 

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