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Delinquent Water Sewer Refuse Stormwater CollectionTO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts DATE: October 13, 2008 Finance Director Ken TeKippe requests City Council authorization to submit delinquent water, sewer, refuse and stormwater collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. I concur with the recommendation and respectfully request Mayor and City Council approval. ~ _. Micha I C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Ken TeKippe, Finance Director THE CITY OF DuB E ~~ Memorandum TO: Michael C. Van Milligen, City Manager FROM: Ken TeKippe, Finance Director ~~ ~'~ `~~~ SUBJECT: Delinquent Water, Sewer, Refuse and stormwater Collection Accounts DATE: October 10, 2008 INTRODUCTION The purpose of this memorandum is to request City Council authorization for the attached resolution to submit delinquent water, sewer, refuse and stormwater collection accounts to the Dubuque County Treasurer in order to establish real property liens for collection of such past due accounts. BACKGROUND Section 44-204 (f) of the Code of Ordinances authorizes the City to place a lien upon the real property served by the City's water system for all delinquent rates and charges. Section 44-83 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rates or rentals upon all lots, parcels of real estate and buildings that are connected directly or indirectly with the sanitary sewer system. Section 44-86 of the Code of Ordinances provides that the City shall have a lien upon the real property served by the sanitary system for delinquent rates and charges. Section 40-37 of the Code of Ordinances provides that city refuse collection for residential premises shall be mandatory. Section 40-38 (d) provides that the City shall have a lien against the property benefited or served and shall be collected in the same manner as general property taxes. Section 44-282 of the Code of Ordinances authorizes the City to levy and collect just and equitable charges, rates or rentals upon all lots, parcels of real estate and buildings that are connected directly or indirectly with the stormwater management system. Section 44-86 of the Code of Ordinances provides that the City shall have a lien upon the real property served by the sanitary system for delinquent rates and charges. The City makes significant attempts to contact delinquent water, sewer, refuse and stormwater accounts. Customers receive monthly bills. Delinquent customers receive various notices depending on the age and/ or amount delinquent. These notices include reminder collections calls, delinquent notices, urgent final notice and finally a tax lien letter. Collection efforts have been successful for most of the City's utility customers. However, the attached accounts have refused payment, and many are accounts with constant collection issues. The following are reasons for placing a lien against the property; a) customer has been disconnected for non-payment and the unpaid balance continues to increase with monthly minimum bill and penalties, b) the customer is subject to disconnect and has refused City access to the meter, c) the outside stop box is inoperable or serves multiple premises preventing disconnection to delinquent premise, d) the customer has defaulted on payment arrangement. There is an increase in number of accounts (23) but the dollars are down by $8,199.01 since the July submission. More than half the names are repeat delinquent customers. This is the second time the list includes water customers. RECOMMENDATION It is recommended that the delinquent water, sewer, refuse and stormwater collection accounts identified in the attached resolution be certified to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. The final schedule of assessments for delinquent utility accounts reflects $17,694.29. The amount includes $350.00 of city administrative fees ($5.00 each). ACTION STEP The Action Step is for the City Council to adopt the attached resolution authorizing the City Clerk to certify the delinquent water, sewer, refuse and stormwater collection account to the Dubuque County Treasurer. City of Dubuque Delinquent Water, Sewer, Refuse, Stormwater Accounts to County Treasurer October 2008 Account Admin # Name Service Address Balance Fee Total 1 JESSICA M POTTER 01871 GLEN OAK ST 105.32 5.00 110.32 2 BRIAN P TEDROW 01876 CENTRAL AVE #303 33.11 5.00 38.11 3 BRIAN P TEDROW 01876 CENTRAL AV #304 93.69 5.00 98.69 4 BRIAN P TEDROW 01876 CENTRAL AVE 1ST 120.92 5.00 125.92 5 MARY WHARTON 02431 WINDSOR AV 137.32 5.00 142.32 6 BOBBI /BRIAN O'REILLY 00360 S GRANDVIEW AVE 68.65 5.00 73.65 7 MARK A BOLAND 00601 TANZANITE DR 146.02 5.00 151.02 8 THERESA ETAL GLASSER 00941 HIGH BLUFF ST 67.14 5.00 72.14 9 WELLS FARGO BANK 02500 WASHINGTON ST 67.14 5.00 72.14 10 STACEY S RICCIO 01783 HEEB ST 67.01 5.00 72.01 11 RICKEY A WHITE 00650 HARVARD ST 284.00 5.00 289.00 12 DALE P KLEINSCHRODT 00421 KAUFMANN AV 65.83 5.00 70.83 13 SCOTLYN PROPERTIES 00035 W 15TH ST 1ST 108.71 5.00 113.71 14 SCOTLYN PROPERTIES 00037 W 15TH ST APT 1 93.99 5.00 98.99 15 SCOTLYN PROPERTIES 00037 W 15TH ST #4 8.19 5.00 13.19 16 SCOTLYN PROPERTIES 00037 W 15TH ST #3 8.19 5.00 13.19 17 SCOTLYN PROPERTIES 00037 W 15TH ST #1 8.19 5.00 13.19 18 AGNES E STEINES 02444 W 32ND 151.53 5.00 156.53 19 RANDY S WEBER 00535 S GRANDVIEW AV 377.72 5.00 382.72 20 JESSE RANS 02008 FOYE ST 269.94 5.00 274.94 21 DANIEL R HUBANKS 00719 RIES ST 124.13 5.00 129.13 22 JAMES & SUZANNE CALLAHAN 02521 WINDSOR AV 279.39 5.00 284.39 23 AUTO & TRUCK PARTS 03000 JACKSON ST 377.33 5.00 382.33 24 BILL FINN 02010 SHELBY ST 625.74 5.00 630.74 25 MARSHALLESE HOUSE OF PRAISE 02155 ROCKDALE RD 259.46 5.00 264.46 26 RICHARD FONDELL 02515 WHITE ST 255.07 5.00 260.07 27 JERRY L GESIE 00321 VALERIA ST 137.79 5.00 142.79 28 DEUTSCHE BANK NATIONAL TRUST 00475 VALERIA ST 428.90 5.00 433.90 29 CITIFINANCIAL, INC 00328 N BOOTH ST 106.22 5.00 111.22 30 RYAN R & NATASHA C IVANOV 00625 CLARKE DR 67.39 5.00 72.39 31 KRISTY MONAHAN-SMITH 02521 STAFFORD ST 109.87 5.00 114.87 32 S VANCE DELIRE 00565 CLARKE DR 73.28 5.00 78.28 33 MULLETT ENTERPRISES LC 01439 BLUFF ST 42.50 5.00 47.50 34 MULLETT ENTERPRISES LC 01441 BLUFF ST 70.44 5.00 75.44 35 ROBERT F DEMAIO 01679 ALPHA AV 108.80 5.00 113.80 36 THOMAS R COFFMAN 00640 W 5TH ST 67.66 5.00 72.66 37 BLAS & MIRIAM H CHALAS 02222 FRANCIS ST 70.57 5.00 75.57 38 CARLOS & EVELYN NIEVES 02539 TRAUT TER #1 167.27 5.00 172.27 39 KIRK L ANDERSON 01790 GARFIELD AVE 196.21 5.00 201.21 40 MICHELLE SCOTT 00607 W 8TH ST 33.52 5.00 38.52 41 GARY BERNHARD 01110 ROOSEVELT ST 61.48 5.00 66.48 42 GARY BERNHARD 01100 ROOSEVELT ST 155.19 5.00 160.19 43 J FOHT 00723 PERU RD 155.22 5.00 160.22 44 RICKY J HURST 03975 INWOOD AV 155.21 5.00 160.21 45 MICHAEL J SCHETGEN 03922 INWOOD AV 155.20 5.00 160.20 46 MARCEL A HOWARD 04914 TWILIGHT DR 54.16 5.00 59.16 47 JOSEPH E HEALEY 01010 WILSON ST 381.16 5.00 386.16 48 GREG B CRAY 00745 DAVIS ST 280.21 5.00 285.21 49 RONALD J & WANDA M KOENIG 02540 ELM ST 278.22 5.00 283.22 50 ROB J / VICKIE L MCMULLEN 03998 INWOOD AV 183.62 5.00 188.62 51 ALBERT M DAVIS 00904 RHOMBERG AV 199.36 5.00 204.36 52 KERMIT JACKSON 01875 CLARKE DR 16.94 5.00 21.94 53 CLETUS R ZIMMERMAN 02139 JACKSON ST 1,469.60 5.00 1,474.60 54 KENNETH E KELLER 02054 JACKSON ST 2ND 554.81 5.00 559.81 City of Dubuque Delinquent Water, Sewer, Refuse, Stormwater Accounts to County Treasurer October 2008 Account Admin # Name Service Address Balance Fee Total 55 SCOTT A RUNDE 00035 W 15TH ST APT 1 56 RICH W & JOLEEN K REINHARDT 01615 W 32ND ST 57 MICHAEL C KOEHLER 00703 HILL ST 58 MICHAEL C KOEHLER 00027E 15TH ST 59 MICHAEL C KOEHLER 00031E 15TH ST 60 DON D HEIM 00596 UNIVERSITY AVE 61 CHRISTINA & LUCILLE ATCHISON 00613 W 17TH ST 62 CLARA C FINGER 01955 CLARKE DR 63 BEST ASSETS MINNEAPOLIS 02145 CHANEY RD 64 DUSTIN J GLAB 00330 N ALGONA ST 65 DUBUQUE LNL LLC 02240 WASHINGTON ST 66 THOMAS J CUNNINGHAM 01576 LOCUST ST 67 MRS W HAYES 00798 WILSON ST 68 KATIE L BERWANGER 02613 GLENVIEW CR 69 RACHEL A HOUSELOG 3405 DOVE ST 70 GLASSON INVESTMENTS INC 2724 PINARD ST 216 .70 5.00 221 .70 650 .76 5.00 655 .76 599 .37 5.00 604 .37 225. 65 5.00 230 .65 140. 69 5.00 145 .69 581. 06 5.00 586 .06 266. 86 5.00 271 .86 573. 25 5.00 578 .25 112. 41 5.00 117 .41 361. 12 5.00 366. 12 292. 37 5.00 297. 37 424. 91 5.00 429. 91 465. 00 5.00 470. 00 494. 29 5.00 499. 29 316. 72 5.00 321. 72 1,638. 60 5.00 1,643. 60 17,344. 29 350.00 17,694. 29 RESOLUTION NO. 360 -08 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for delinquent water, refuse, sewer and stormwater collection accounts which Schedule of Assessments was filed in the office of the City Clerk on the 10th day of October, 2008, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing office, City Hall, 50 W. 13t" Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments of $100.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 20th day of October, 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC City Clerk NOTICE OF FILING OF THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, REFUSE AND STORMWATER COLLECTION ACCOUNTS TO THE PROPERTY OWNERS OF THE PROPERTIES SHOWN ON THE ATTACHED SCHEDULE OF ASSESSMENTS: You are hereby notified that the attached Schedule of Assessments has been adopted by the City Council of the City of Dubuque, Iowa, and that said Schedule of Assessments has been filed with the County Treasurer of Dubuque County, Iowa. YOU ARE FURTHER NOTIFIED THAT ASSESSMENTS MAY BE PAID IN FULL OR IN PART WITHOUT INTEREST AT THE UTILITY BILLING OFFICE, 50 W. 13T" STREET, DUBUQUE, IOWA, 52001, AT ANY TIME WITHIN 30 DAYS AFTER THE DATE OF THIS NOTICE. After 30 days, unpaid special assessments of $100.00 or more are payable in 10 annual installments and will draw annual interest at nine (9) percent computed to December 1st next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1st following its due date on July 1St of each year. Property owners may elect to pay any annual installment semiannually in advance. This Notice given by direction of the City Council of the City of Dubuque, Iowa, as provided in the Code of Iowa. Jeanne F. Schneider, CMC, City Clerk