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Problem Property AssessmentCopyrighted November 1, 2021 City of Dubuque Consent Items # 21. City Council Meeting ITEM TITLE: Problem Property Assessment SUMMARY: City Manager recommending adoption of a resolution authorizing the City Clerk 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 14-1 J 1 1 nternational Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Problem Property Assessments-MVM Memo City Manager Memo City Council Memo Staff Memo Vacant and Abandoned Building and Problem Property Staff Memo Resolution Vacant and Abandoned Building and Problem Property Staff Memo Notice Vacant and Abandoned Building and Problem Property Staff Memo Assessment List THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Problem Property Assessment DATE: October 27, 2021 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Housing and Community Development Department Director Alexis Steger recommends the City Council adopt a resolution authorizing the City Clerk to certify problem property charges 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. k�4 Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis M. Steger, Housing and Community Development Director Dubuque THE CHousing and Community Development All-A'T!l C q g Y 1� DtU�B E 1� ��i 350 W. 61h Street, Suite 312 Dubuque, 1A 52001 Masterpiece on the Mississippi 2007.2012 EOPPOR UNITY Office (563) 589-4231 'I' Mississippi DATE: October 22, 2021 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 14-1J1 International 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 Prepared by Alexis Steger, Housing & Community Devel., 350 W. 611 St., Suite 312 (563) 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1V St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 380-21 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 Code Official, 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 Code Official 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 1. 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 1st day of November, 20�1. Roy D Buol, Mayor Attest: >7 Adrienne N. Breitfelder, City Clerk 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. 14-1J1 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 September 30, 2021, 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 Housing and Community Development Department, 350 W 6th Street, Suite 312, 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 are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, 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, 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. This notice given by direction of the City Council of the City of Dubuque, Iowa, as provided in Section 384.60 of the Code of Iowa. /s/Adrienne N. Breitfelder City Clerk Vacant or Abandoned Building Problem Property Assessments Location Owner Parcel # AMOUNT CATEGORY Jnk Properties LLC Relocation of 2224 Jill Dr tenant from 2804 Central W 84'-W 170' OF LOT 287 DAVIS FARM Asbury IA 52002 1013156015 $358.70 2804 Central Engelken, Thomas A Relocation of 2022 Camelot Dr tenant from 451 451 W 5th S 73' OF LOT 13 CORIELL'S DUBUQUE Allen TX 75013 1025207015 $1408.20 W 5th St TOTAL $1,766.90 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, 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: 11/05/2021 11/12/2021 and for which the charge is 84.76 Subscribed t Lore me, a Notary blic in and for Dubuque County, Iowa, this 15th day of November, 2021 Notary Public in and for Dubuque County, Iowa. SHA.RON WEL,BORN r ` Cm+ xmiixs6am Nw��mibar 8'174I V.y Oommy. Ez:p, N'OY [0. 2M Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE 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-IJ1 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. 14-1J1 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 September 30, 2021, 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 Housing and Community Development Department, 350 W 6th Street, Suite 312, 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 are payable at the County Treasurers Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, 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, 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. This notice given by direction of the City Council of the City of Dubuque, Iowa, as provided in Section 384.60 of the Code of Iowa. /s/Adrienne N. Breitfelder City Clerk Schedule of Assessments Vacant or Abandoned Building Problem Property Assessments Location; Owner; Parcel #; Amount; Category 2804 Central; W 84'-W 170' Of Lot 287 Davis Farm; Ink Properties LLC, 2224 Jill Dr Asbury IA 52002; 1013156015; $358.70; Relocation of tenant from 2804 Central 451 W 5th; S 73' Of Lot 13 Coriell's Dubuque; Engelken, Thomas A, 2022 Camelot Dr Allen TX 75013; 1025207015; $1408.20; Relocation of tenant from 451 W 5th St 2t 11/5, 11/12