Centerville Sees Record Attendance At Board Of Appeals
City To Remedy Problem Of Inadequate Published Notice
CENTERVILLE - A record turnout of residents made their voices heard on the subject of home values April 9, even though the city did not meet statutory notice requirements for the hearing.
About 30 citizens showed up at Centerville City Hall for the Board of Appeal and Equalization hearing to explain to the Anoka County Assessor's office why they felt their valuations were out of line.
The hearing, which was scheduled to run before the regular council meeting, ran on for two hours.
John Leone, from the assessor's office, said, "This one has been the most [attended] ever, and I have been doing this for 21 years."
The meeting drew homeowners from both extremes, with some residents complaining that their house values had shot up by up to $110,000, and others upset that their properties had been devalued.
Bill Svetin, who lives on Peltier Lake Drive, saw his home valued at $388,300 this year, up from $306,600 last year. He said that he understands state law to restrict the rate of increase to 15 percent, so his assessed value would be capped at $352,600.
"I couldn't read it (the bill)," he explained. "I thought it was a mistake and then I called them and they said it wasn't a mistake."
Kathy Earley, who also lives on Peltier Lake Drive, found she had an even bigger increase, a difference of $110,000 from last year's valuation.
When she moved in three years ago, her home was valued at $266,100. These days, the county assessor says it's worth $408,300.
"They are going to tax me out of the neighborhood," Earley said. "I won't be able to stay there because I won't be able to pay the taxes on my home."
Mayor Mary Capra, who, along with other council members, was present throughout the hearing, said, "Normally, we would have 10 people or less at this hearing and it would usually take about a half-hour.
"People are upset both ways, whether their evaluation went up or down.
"If it went down, it affects the equity in their home, so we have people from both ends."
Inadequate Public Notice To Be Remedied
Ordinarily, citizens who wish to challenge their assessment to the County Board of Appeal and Equalization must have appeared at the local Board of Appeal meeting on April 9 or written a letter in advance.
But to preserve their right of due process, people first have to know the meeting will take place; in Minnesota, mailed property tax statements and newspaper notices are the primary ways that cities get the word out.
Minnesota Newspaper Association Attorney Mark Anfinson said that state statutes are written to make sure local governments alert citizens about what could be an important public meeting.
Minn. Statute 274.01 Subd. 1. requires a ten-day newspaper publication notice and a ten-day posted notice in addition to the mailed notices from the county. City Clerk Teresa Bender posted the notice in the vestibule of Centerville City Hall on March 27, which met the ten-day requirement. However, only eight days published notice was provided: the legal notice appeared in the Quad Press on April 1. The date of the hearing is not counted.
"They did not comply with the statute," Anfinson said.
Mayor Mary Capra said in an interview last week that she was unaware that the notice was not sufficient. "I think our council just assumes they get it done," she said. "I would rather overpublicize it than underpublicize it."
City Administrator Dallas Larson told The Citizen by e-mail that due to the inadequate published notice provided, Centerville residents will automatically have a right of appeal to the county if they are unhappy with their assessment, whether or not they attended the April 9 hearing.
Since discussions between Anoka County Assessor Mike Sutherland and personnel at the State Department of Revenue "determined [it was] unlikely that anyone would have been harmed by the [inadequate notice] since all properties with changed values get a mailed notice," Larson said, "[Sutherland's] solution was that anyone that might be aggrieved would be permitted to go directly to the County Board of Review."
The County Board of Appeal and Equalization meets during the last 10 working days in June. If residents are unhappy with the county's verdict, an appeal may be made in Minnesota Tax Court.
Anfinson said that state law requires that cities provide notice to residents of upcoming special meetings if residents request it in writing. To be added to the city's ongoing notification list, residents should contact City Hall. Most special meetings of the council and commissions are posted at City Hall at least three days in advance of the meeting which, according to Anfinson, complies with legal notice requirements.
"These public notices are a vital connection between the [city] and its citizens," Anfinson said. "They really should be taken seriously."