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    8.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 07/11/2019  
Subject:    Case 19-11V, Special Assessment Objection, Michael Horner, 60 104th Ave NW, 24-31-24-41-0074
From: Tom Evans

INTRODUCTION
Unpaid penalties in the amount of $300.00 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 08/01/2018, a Rental Renewal Form was mailed to the owner of record. The License Renewal was due on 10/01/2018.

On 11/02/2018, Staff reviewed the file and noted the Rental Renewal Form had not been returned and the Rental License had expired. An Administrative Citation #29480-34667 in the amount of $300.00 was issued for failure to renew the Rental License that expired on 10/01/2018. A compliance date of 12/03/2018 was established.

On 11/08/2018, Staff received the Rental Renewal Form and payment for the Rental License.  A Rental Inspection of the property was scheduled for 12/05/2018.

On 12/05/2018, Staff conducted the Rental Inspection and determined two corrections that needed to be repaired. A compliance date of 01/05/2019 was set for sending photos of the repairs to Staff.

On 01/11/2019, Staff spoke with the property owner who stated the bedroom repair was completed but the garage item was being repaired by the tenant. The owner was out of the state at the time and claimed the tenant would send photos of the bedroom wall repair and submit a time extension request for the garage repair.

On 01/22/2019, Staff spoke with the property owner and informed him that we have not received any photos of repairs or a written time extension request. The property owner stated he would be back in town on 01/29/2019 and will send the photos the following week. 

On 02/01/2019, Staff received a voicemail from the tenant requesting a time extension. Staff returned the call and left a voicemail stating the time extension request form must be submitted in writing.

On 02/07/2019, Staff received a second voicemail from the tenant asking for the inspector’s email address. Staff returned the call and left the inspector’s email address as a voicemail.

On 04/02/2019, Staff reviewed the file and noted the property remains in violation as the photos had not been received and thus required rental inspection had not passed. Staff had received no response from the property owner since 01/22/2019 and mail had not been returned as undeliverable.

Penalty Charged: $300.

On 04/02/2019, a Second Violation Administrative Citation # 29480-35169 was issued in the amount of $300 for failure to renew a Rental License. A compliance date of 04/17/2019 was established.

On 04/17/2019, Staff spoke with the property owner regarding the second citation. Staff informed the property owner that the photos of the needed repairs nor a time extension request was ever received. The owner mentioned he would contact the tenant and update Staff when he had more information.

On 05/14/2019, Staff spoke with the property owner. No time extension received. Photos must be received by 05/31/2019 to avoid a subsequent citation.

On 05/28/2019, the property owner provided Staff with photos of repairs. Staff administratively removed Administrative Citation #29480-35169 in the amount of $300.00.

Total Penalty Charged:  $300.00.
ACTION REQUESTED
In Case 19-11V, it is requested the Board of Adjustment and Appeals recommend the City Council affirm the $300.00 special assessment in its entirety.

Attachments
Supporting Documents

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