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    3.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 07/11/2019  
Subject:    Case 19-06V, Special Assessment Objection, Kimberly Mikulak, 10669 Hummingbird St. NW. 22-31-24-14-0106
From: Heather Rodgers

INTRODUCTION
An unpaid penalty in the amount of $1800.00 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 actions and procedures leading to the special assessment in this matter.

On 09/12/2018, an Administrative Citation was issued for parking a vehicle off an improved parking surface at the subject property. The citation carried a $300.00 penalty. When the property was re-inspected by City Staff, compliance with City Code was noted and no penalty was charged.

On 10/30/2018, a Second Violation Administrative Citation #73432-34646, was issued for parking a camper off an improved parking surface at the property. As a subsequent violation within 180 days, the penalty doubled: $600.00 penalty. A compliance date of 11/09/2018 was established. The citation was mailed to the owner of record, (same address) and was not returned as undeliverable.

On 11/14/2018, the property was re-inspected and found to be 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

On 03/22/2019, Administrative Citation #74142-35083 was issued for a junk vehicle displaying expired registration tabs ($300.00 penalty).  A compliance date of 04/01/2019 was established.  The citation was mailed to the owner of record, (same address) and was not returned as undeliverable.

On 03/22/2019, a Second Violation Administrative Citation #74142-35082, was issued for parking a vehicle off an improved parking surface at the property. As a subsequent violation within 180 days, the penalty doubled: $600.00 penalty. A compliance date of 04/01/2019 was established. The citation was mailed to the owner of record, (same address) and was not returned as undeliverable.

On 04/08/2019, the property was re-inspected and found to be in compliance with both Administrative Citation #74142-35083 and #74142-35082. 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 for parking a vehicle off an improved parking surface.

Penalty charged: $300.00

On 04/23/2019, Administrative Citation #74647-36705 was issued for a major recreation vehicle displaying expired registration tabs ($300.00 penalty).  A compliance date of 05/03/2019 was established.  The citation was mailed to the owner of record, (same address) and was not returned as undeliverable.  

On 04/23/2019, a Third Violation Administrative Citation #74647-36704, was issued for parking a vehicle off an improved parking surface at the property. As a subsequent violation within 180 days, the penalty doubled: $1200.00 penalty. A compliance date of 05/03/2019 was established. The citation was mailed to the owner of record, (same address) and was not returned as undeliverable.

On 05/08/2019, the property was re-inspected and found to be in compliance with Administrative Citation #74647-36705 and not in compliance with Administrative Citation #74647-36704. The $1200.00 citation fee for parking off an improved parking surface was charged.

Penalty charged: $1200.00

Subsequent Administrative Citations have been issued to this property for having vehicles parked off an improved surface.  These citations are not being considered at this time as they did not meet the deadline for this special assessment role. 
 
Total penalties charged: $1800.00
 


 
ACTION REQUESTED
In Case 19-06V, it is requested that the Board of Adjustment and Appeals recommend the City Council affirm the $1800.00 special assessment in its entirety.
 

Attachments
Supporting Documents

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