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Vacant and Abandoned Buildings and Problem Property Assessments_Housing Department Copyrighted March 4, 2019 City of Dubuque Consent Items # 14. ITEM TITLE: VacantandAbandoned Buildingsand Problem Property Assessments SUMMARY: City Manager recommending approval of a resolution authorizing the City to certify problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Authorizing the City to collect delinquent problem property charges in accordance with 14-G E International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Problem Property Assessment-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Notice to Property Owners Supporting Documentation Schedule ofAssessments Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Problem Property Assessment DATE: February 27, 2019 Housing and Community Development Department Director Alexis Steger recommends City Council approval of a resolution authorizing the City to certify problem property charges against one property to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. I concur with the recommendation and respectfully request Mayor and City Council approval. �L;� 1��, ����.� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Alexis Steger, Housing and Community Development Department Director Dubuque THE CITY OF Housin and Communi Develo ment All-ameriea Ciky � g � p i��� �' r �■� 3 50 W. 6th Street, Suite 312 UB E II � Dubuque, IA 52001 � pp �o�,.�o�� EQUALHOkJ51HG Office (563) 589-4231 Maste iece on the Mississi i ,�i�.��l� OPPORTUHITY DATE: February 15, 2019 TO: Michael Van Milligen, City Manager FROM: Alexis Steger, Housing and Community Development Department SUBJECT: Problem property assessment INTRODUCTION The purpose of this memorandum is to request the City Council to adopt the attached resolution authorizing the City to certify problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. DISCUSSION 14-1 J 1 I nternational Property Maintenance Code Section 106.5 and/or Section 109.5 of the Code of Ordinances provides that problem properties are considered a substandard condition requiring abatement. 14-1J1 provides that the City may have the conditions abated and that the City Clerk shall certify such cost for abatement to the County Treasurer and it shall then constitute a lien against said property and be collected with and in the same manner as general taxes on said properties. RECOMMENDATION It is recommended that the problem property charges 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 action step is for the City Council to adopt the attached resolution authorizing the City Clerk to certify the problem property charges to the Dubuque County Treasurer. Prepared by: Tami Ernster, Permit Clerk cc: Crenna Brumwell, City Attorney Service People Integrity Responsibility Innovation Teamwork RESOLUTION NO. 76-19 AUTHORIZING THE CITY TO COLLECT DELINQUENT PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTENANCE CODE SECTION 106.5 AND/OR SECTION 109.5 CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA WHEREAS, residential properties in the City of Dubuque are considered hazardous or unsanitary premises if problem properties are allowed to deteriorate according to 14- 1J1; and WHEREAS, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and WHEREAS, delinquent problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the attached Problem Property Assessment Schedule are delinquent in the payment of problem property charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Problem Property Assessment Schedule are delinquent in the payment of problem property charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 4th day of March 2019. Attest: Ke tali S. Firnstahl, City Clerk Roy D Buol, Mayor Problem Property Assessments Location Owner Parcel # AMOUNT CATEGORY Engelken, Thomas A S 57'- N 107'- E 1/2 OF CITY LOT 746 2022 Camelot Dr Repair broken glass 1659 lowa 1659-1677 IOWA Allen TX 75013 1024264003 $60.00 in door TOTAL $60.00 1 NOTICE OF FILING OF DELINQUENT PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTENANCE CODE SECTION 106.5 AND/OR 109.5 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. 14-1J1 of the Code of Ordinances provides that vacant and abandoned buildings and problem properties are considered a substandard condition that requires that such conditions be ordered to be remedied. 14-1J1 also provides that the City shall have the authority to correct a nuisance that is "palpably and indisputably such," without notice. 14-1 J1 also provides that the City Clerk shall certify such cost for the abatement of situations where the nuisance is "palpably and indisputably such" to the County Treasurer and it shall then constitute a lien against said property and be collected with and in the same manner as general taxes on said properties. As of December 31, 2018, the costs for a nuisance that are "palpably and indisputably such," such as problem property charges, shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as, general property taxes. The persons listed on the attached Problem Property Assessment schedule have unpaid problem property charges in the amount set out and said charges are delinquent. The assessments may be paid in full or in part without interest at the City Treasurer's Office, City Hall, 50 W. 13'h Street, Dubuque, lowa, 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 are payable at the County Treasurer's OFfice, Dubuque County Courthouse, 720 Central Avenue, Dubuque, lowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set forth on the attached schedule. You are hereby notified that the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, lowa, that the persons named on the attached Problem property Assessment schedule are delinquent in the payment of problem property charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. This notice given by direction of the City Council of the City of Dubuque, lowa, as provided in Section 384.60 of the Code of lowa. /s/Kevin S Firnstahl City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 8 & 15, 2019, and for which the charge is $74.82 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this c.7649 day of Notary P , 20 /9 . is in and for Dubuque C yilty, Iowa. MARY K WESTERMEYER Commission Number 154885 (*Commission Exp. Feb. 1, 2020 CITY OF DUBUQUE, OFFICIAL NOTICE NOTICE, OF: FILING 'OF DELINQUENT;RRO- BLEM PROPERTY CHARGES IN ACCOR- DANCE WITH 147111 1NTERNATI,ONAL PROPERTY MAINTE- NANCE CODE SEC TION +"•10$ 106.5 AND/OR 109.5 OF THE CODE OF ORDINANCES OF THE CITY' OF DUBU- QUE, IOWA. March 8, 2019 14-1J1 of the Code of Ordinances' provides that vacant and aban doned buildings and problem properties are considered a sUbstan- dard condition that re- quires that such conditions be ordered to be remedied.' 14-1J1 also provides that the tCjty shall have. the au l ority to correct;a nui sance that ;is '{palpably and indisputablyfsucf1, i without4notke 1g -1J1' also provides that •the City Clerk shall certify such cost. for , the abatement. of situa- tions Where ,.the fU,l sauce is !'palpably and indisputably Such", the County, Treasurer ancf it shalf.then const tu`te a lien against aid property and' be col i,ected>With `ahcj in. the tisame n)anner as genet - al taxes on.sajd proper- ties As °of December 31, 2018, the costs for a , nuisance,that are "pal; pably and indisputably (.such such as problem 'p'roperty charges, shall , be certified by the"City "Clerk to the;Dubuque County Treasurer for collection:With, and in the..sarne manner as, ;general property taxes. Tite persons`listed on: the:^ attached lP`roblem , Property Assessfnent i schedule have hnpaid I problem property charges in the amount set• put and said. I charges are delin quent. • Tjje assessments may be;paid iniull or in part without' interest at the :City Treasurer's Office, ,City Hall, .50 W. 13th• Street, Dubuque, Iowa, at anytime ;within days after the dateof the`, first publication;;of the; notice of Abe filing of the Schedule of As sess'Inen4s`' with the Comity Treasurer. Af- ter 30 days, unpaid as-' sessments unpaid at`the'anett y Treasur-" Office ;Dubuque, Coihty "Courthouse;' 720 Central Avenue;. Dubuque, "Io'wa,t ,and: charges shall be col- leotei'same;, maneneral` propertyrier taxesas gagainst the'. respective parcels= of they property set forth'on ther1attached scheduie Ydi Lare hereby noti- fieri #hat the'City Clerk be and is hereby, or -`1 dered and directed to certify -to;'the`' County +TreQoGr ty I asurer of Dubuque owa ;that the persons named on then. attac1ied oProblem' kroperty Assessment schedule are • delin Iquent in the payment I of problem property' chargesjn the; amount set aside bf the respec=i tive names,, apdthat said'amounts'shall be' collected in• the, same mahgier, as :.;-general{ propertytaxes, agam`sta the 'respective; parcels;- of proierty set oppo sitethe,names of the;l o�wnets �f This no.t , given by fire&ion of,'tlie City; Council $of the. City of Dubuque Iowa, as pro -,i vided'it Section 384.60 offhe Code of Iowa: ";Kevin S.;Firnstahl,';' City Clerk? Schedule,of Assessments, 1Delmquent Problem 1 Property Charges Location; Legal Descriptjon Owner, , Parcel #; Amount; :• ` Category 57'-i I I 1659 Iowa; S' 107'- E 1/2 of City Lot 746 1659 1677' Iowa; ,, Engelken Thon)as A.' 2022 Camelot Dr , E Allen TX 75013; i 1024264003 $60:00 Re= pair, broken glass ; in door ',,2t3/8', 15