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Problem Property AssessmentCopyrighted April 3, 2023 City of Dubuque Consent Items # 09. City Council Meeting ITEM TITLE: Problem Property Assessment SUMMARY: City Manager recommending City Council 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. 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 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: March 30, 2023 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Housing & Community Development Director Alexis Steger is recommending 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. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis Steger, Housing & Community Development Director Dubuque THE CHousing and Community Development All-Ame►Ica Clb 12r g Y pDtU�B E '1j'1:1. 350 W. 6th Street, Suite 312 Dubuque, IA 52001 Masterpiece on the Mississippi 20�OPPOR UNITYG 'I' f"f 2013.2012017 Office (563) 589-4231 3. DATE: March 27, 2023 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. 6'" St Suite 312 (563) 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13t^ St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 84-23 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 3rd day of April, 2023. Brad WCavanaugh, Mayor Attest: 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, 2022, 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 DEMOLITION MCDONALD, RONALD P CHARGES TO 801 DAVIS ST APT 501 REMOVE 548 W 7TH ST LOT 18 IN CORIELL'S DUBUQUE DUBUQUE IA 52001 10251360091 $51,656.47 BUILDING TOTAL $51,656.47 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION 1, 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: 04/07/2023 04/14/2023 and for which the charge is 89.96 a5r—k- Subscribed to before me, a Notary Pub is in and for Dubuque County, Iowa, this 14th day of April, 2023 Notar blic in and for Dubuque County, Iowa. ;1/41�i JANET K. PAPE o' , r Commission Number 199659 x , My Commission Expires —�_. s 12/11/2025 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. 14-1J1 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, 2022, 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; Legal Description; Owner; Parcel #; Amount; Category 548 W 7TH ST; LOT 18 IN CORIELL'S DUBUQUE; MCDONALD, RONALD P 801 DAVIS ST APT 501 DUBUQUE IA 52001; 1025136009; $51,656.47; DEMOLITION CHARGES TO REMOVE BUILDING 2t477; 4/14