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Vacant and Abandoned Buildings and Problem Property Collection AccountsMasterpiece on the Mississippi Dubuque bierd All-America City 1 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacant and Abandoned Building and Problem Property Assessments DATE: April 26, 2012 Housing and Community Development Department Director David Harris recommends City Council authorization to certify vacant and abandoned building and 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. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director Masterpiece on the Mississippi TO Michael Van Milligen, City Manager FROM David Harris, Housing and Community Development Department DATE April 26, 2012 SUBJECT Vacant and abandoned building and problem property assessments Dubuque had NI- America City 'I 1 1 I' 2007 INTROD UCTION The purpose of this memorandum is to request the City Council to adopt the attached resolution authorizing the City to certify vacant and abandoned building and problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges DISCUSSION Title 6- 6 -301h of the Code of Ordinances provides that vacant and abandoned buildings and problem properties are considered a substandard condition requiring abatement Tale 6 -6 -4B3 provides that the City may have the conditions abated and Title 6 -6 -6B provides 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 vacant and abandoned building and problem property charges identified in the attached resolution be certified to the Dubuque CountyTreasurerfor collection with, and in the same manner as general property taxes ACTION TO BE TAKEN The action step is for the City Council to adopt the attached resolution authorizing the City Clerk to certify the vacant and abandoned building and problem property charges to the Dubuque County Treasurer Prepared by Tami Ernster cc Barry Lindahl, City Attorney NOTICE OF FILING OF DELINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3B1h AND TITLE 6- 6-4B3 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. Title 6 -6 -3B1 h 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. Title 6 -4B3 provides that the City shall have the authority to correct a nuisance that is "palpably and indisputably such," without notice. Title 6 -6B 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 March 15, 2012, the costs for a nuisance that are "palpably and indisputably such," such as vacant and abandoned building and 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 VAB /Problem Property Assessment schedule have unpaid vacant and abandoned building and 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, 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 VAB /Problem property Assessment schedule are delinquent in the payment of vacant and abandoned building and 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 /Kevin S Firnstahl City Clerk RESOLUTION NO. 115 -12 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3B1h; TITLE 6 -6 -4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA WHEREAS, residential properties in the City of Dubuque are considered hazardous or unsanitary premises if vacant and abandoned buildings and problem properties are allowed to deteriorate according to 6 -6 -3B1 h; 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 vacant and abandoned building and 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 VAB /Problem Property Assessment Schedule are delinquent in the payment of vacant and abandoned building and 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 VAB /Problem property Assessment Schedule are delinquent in the payment of vacant and abandoned building and 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 7th day of May, 2012. Attest: evin S. Firnstah City Clerk Roy D Buol Mayor VAB /Problem Property Assessments Location Owner Parcel # AMOUNT 1 CATEGORY 1010 University BRP Properties LLC 8505 Southern Hills Court Dubuque IA 52003 1025106004 $158 56 relocation of tenant due to furnace issue 520 Nevada Ivan P Divino Sr 1630 Ruann Drive Dubuque IA 52001 1024230005 $648 28 relocation of tenants due to gas off in building 2283 White Michael D Dohanich 2283 White Street Dubuque IA 52001 1024130013 $559 24 relocation of tenants due to electricity off in building 2136 Central Property Investment Group 605 Bluff Street #132 Dubuque IA 52001 1024207008 $69 42 relocation of tenant due to gass off in building 1890 Washington Felicia M Fountain 1890 Washington Street Dubuque IA 52001 1024259003 $725 00 demolition of wood building and concrete slab TOTAL $2,160.50 NOTICE OF FILING OF DELINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6- 6-3B1h AND TITLE 6- 6- 4B3.OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. Title 6- 6 -3B1h, of the Code of Orddnances provides thatiwacant and abandoned ,build- ings and problem properties, are consi- dered a substandard condition that requires that such conditions be ordered to be remedied. Title 6-4B3 provides that the City shall have the authority to correct a nuisance that is "palpably and indis- putably such," without notice. Title 6 -6B 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 mariner as general taxes on said properties. As of March 15, 2012, the costs for a nuisance that are "palpably and indis- putably such," such as vacant, and abandoned building and 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 VAB/ Problem Property Assessment:, schedule have unpaid vacant and abandoned.'build- ing and problem 'property charges 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. 13th ' Street, Dubuque, Iowa, at any time within 30 days after the date of , th'e 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 Court- house, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected •in the same manner, as general property taxes agdinst the. respective parcels of the property set' forth on , the attachedsciedule. . 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 VAB /Problem property Assessment schedule are . delin- quent in the payment of vacant • and abandoned building and 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 ,Io■a. /s/Keyin $ Firnstahl City Clerk' 2t5/10,17 Vacant and Abandoned Building /Problem Property Schedule of AsseS,ments . Location, Owner, Parcel #, Amount, Category: 1010 University, BRP Properties LLC, ' 8505 Southern Hills Court, Dubuque, IA 52003, 1025106004, $158.56, relocation of tenant due to furnace, issue 520 Nevada, Ivan P. Divino Sr„ 1630 jtuann Drive, Dubuque, IA 52001, 1024230005, $648.28, relocation of tenants due togas :off in building 2283 White, Michael D' Dohanich, 2283 - White Street, Dubuque, IA 52001, 1024130013, $559.24, relocation of tenants due to electricity off in building 2136 ,Central, Property Investment Group, 605 Bluff Street #132, Dubuque, IA 52001, 1024207008, $69.42, relocation of tenant due to gas off in building 1890 Washington, Felicia M. Fountain, 1890 Washington Street, Dubuque IA 52001, 1024259003, 4$725.00, demolition of wood building and concrete slat RESOLUTION NO. 115-12 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT VACANT AND • ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3B1h; TITLE 6-6-4B3 & TITLE 6-6B OF THE CODE OF ORDINANCESIOF THE CITY OF DUBUQUE, IOWA • WHEREAS, residen- tial properties in the City of Dubuque are considered hazardous or unsanitary premises if vacant and aban- doned buildings and problem properties are allowed to deteriorate according to 6- 6 -3B1h; and WHEREAS, whenever in the judgment of the Housing Officer;• a nuisance that is "palpably and indis- putably such" exists which requires imme- diate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and WHEREAS, delin- 'quent vacant and abandoned building and 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 VAB /Problem Property Assessment Schedule ''are delin- quent in the payment of vacant and abandoned building and 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 VAB /Problem property Assessment Schedule are delinquent in the payment of vacant and abandoned ' building and 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 7th day of May,2012. ' Roy D Buol, Mayor Attest Kevin S. Firnstahl, City Clerk 12t5/10,17 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: May 10 & 17, 2012, and for which the charge is $131.49. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this � Z447 day of , tary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER x ° Commission Number 154885 0J