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Delinquent Garbage Collection AccountsMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Garbage Collection Assessments DATE: April 26, 2012 Dubuque bierd All-America City 1 2007 Housing and Community Development Department Director David Harris recommends City Council authorization to certify garbage collection 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 Garbage collection assessments Dubuque had NI- America City 'I 1 1 I' 2007 INTRODUCTION The purpose of this memorandum is to request City Council to adopt the attached resolution authorizing the City to certify garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges DISCUSSION Title 6- 6 -3C2o of the Code of Ordinances provides that garbage is considered a substandard condition requiring abatement Title 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 garbage collection 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 ACTION TO BE TAKEN The action step is for the City Council to adopt the attached resolution authorizing the City Clerk to certify garbage collection charges to the Dubuque County Treasurer Prepared by Tami Ernster cc Barry Lindahl, City Attorney RESOLUTION NO. 116 -12 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3C2o; 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 substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or welfare of the public or the occupants thereof; 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 garbage collection 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 Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection 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 Garbage Assessment Schedule are delinquent in the payment of garbage collection 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. Attest: Passed, approved and adopted this 7th day of May, 2012. Firnstahl lerk Roy D Buol Mayor NOTICE OF FILING OF DELINQUENT GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6 -6 -3C2o; TITLE 6 -6 -4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. Title 6 -6 -3C2o of the Code of Ordinances provides that garbage is considered a substandard condition that requires that such conditions be ordered to be remedied. Title 6 -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 garbage collection 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 Garbage Assessment Schedule have unpaid garbage collection 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 Garbage Assessment Schedule are delinquent in the payment of garbage collection 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 Garbage Assessments Location Owner Parcel # AMOUNT CATEGORY 375 Nevada Robert A and Alana K Neuwoehner 16401 Nottingham Court Dubuque IA 52001 1026279019 $86 00 garbage 952 W 5th Tri -State Property Management 485 Locust Street Dubuque IA 52001 1025154002 $60 00 garbage 598 University Judge Real Estate LLC 605 Bluff Street #132 Dubuque IA 52001 1025130009 $100 00 garbage 2169 Elm Sara Jean Hines 2169 Elm Street Dubuque IA 52001 1024210017 $90 00 garbage 324 W Locust Timothy L Specht 8760 Kemp Court Dubuque IA 52003 1024329019 $65 00 garbage 1280 Cleveland Michael D Voss 1280 Cleveland Avenue Dubuque IA 52003 1025361012 $145 00 garbage 345 W Locust Aurora Loan Services LLC 2617 College Park Scottsbluff NE 69361 1024330003 $75 00 garbage 321 Monroe Aaron D & Brianna L Locke 321 Monroe Street Dubuque IA 52001 1013310005 $75 00 garbage 656 W 11th Stuart Hoover 850 White Street Dubuque IA 52001 1024385007 $70 00 garbage TOTAL $766.00 properties. parcels of property set As of March 15, 2012, opposite the names of the costs for a the owners. nuisance that , are This notice given oy "palpably and indis- direction of the City charges inthe. amount • putably such," such as - Council of the City of COLLECTION garbage collection Dubuque, Iowa, as CHARGES IN set r asitle pf the charges, shall be provided in • Section ACCORDANCE WITH respective names, and certified . by the City 384,60 of the . Code of TITLE 6- -TIT E 171. bat collected in amounts shall tae Clerk to the Dubuque Iowa. County Treasurer for • /s /Kevin 5City Clerk ORDINANCES OF THE general „p Manner as operty taxes I the ,with, and In CITVOFDUBUQUE, agalnst the 'respective i 1 the same manner at, 2t Ocati n IOWA Q , parcels of property set 1 general persons Hstexes. aoce! , , '-Owner, WHEREAS, reslden- opposite the names of The persons listed on Fake! #, Amou' tlal properties In the, the owners::; the attached Garbage Category Assessment Schedule 375 Nevada, Robert A City of Dubuque 'are Passed, approved and have unpaid.' garbage. and Alana K considered substan- adopted this, 7th_ day of collection charges, In Neuwoehner, 16401 , dard if any conditions May, 2012. the amount set out and Nottingham Court, exist to an extent that Roy D Buol, Mayor said charges are Dubuqul�e, IA .,= 52g01, endarjger llfe;.7,' 1lihrib, Attest: Kevin S.. delinquent. • 102627919, , .. $$a0, health, property, aafetyi Firnstahl, City Clerk • The assessments�may • garbage or welfare of the public , 2t 5/10, 17 be aid in full or In part 952 W 5th, Tri -State " or the occUpants- Iwit out Interest at the Property Management, ' thereof; and ICItyTreasufer'sOffice, 485, .Locust .Street, - ,WHEREAS, • wheneveiI City Hall; 50 W. 13th Dubuque, IA ,152001„ In the judgntent of the .1 Street, Dubuque, Iowa, 1025154002, $60.00, Hottsi nuisance Officer, is NOTICE OF FILING,OF' t any., time within 30 garbage ays after the d to of 598 xs University, Judge "'palpably ' and ts i the first publication of, the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are callable e-at the County Treasurer's Office, Ddb que County'COUrt= house; 720 Central Avenue, . .Dubuque Iowa, an ('Chaarges shall be collected iq the • same ' manner - as taxes general against they respective parcels of the property Cleveland Avenue, the same manner , set forth on the Dubuque, IA 52003, general pro p ert y . s )attached schedule. 102501012, $145.00, NOW THEREFORE, BE You are hereby garbage IT RESOLVED BY THE notified that the City 345 W Locust, Aurora CITY COUNCIL OF THE Clerk be and is hereby Loan Services LLC, CITY ! OF DUBUQUE, ordered-..and directed- 2617 College Park, IOWA: �, That the RESOLUTION named on the attached) AUTHORIZING THE " Garbage Assessment CITY TO DELINQUENT quentu l in the payment GARBAGE of garbage collection) - DELINQUENT • GARBAGE .CO_LLECTION • CHAR. ES,IM ACCORDANCE WITH TITLE 6-6-3C2o; TITLE. 6 -66--4�B@3 & TITLE 64B. .0F 4111400,0F' OF ORDINARRCBS OF THE - CITY OF- DUBUQUE,Y IOWA. Title 6- 6.3C2o of the Cpode of Ordinances Is - - •1 derb rbaga substandard ' condition ' that requires that such conditions be ordered to`be remedied. Title 6-6-4B3 provides that the City shall. have the authority to correct '�a nuisance that Is "palpably" '` :. and Ind['spp- titb,111 >.uch;' to certify to the County Scottsbluff, NE 69361, Section 1 Wift14 1 ;9gtfce; ' Treasuter of Dubuque 1024330003, $75.00, :,-.persons listed o the Ti a 6B provides- County, Iowa, that the garbage attached Garbage that the City Clerk shall persons named on the 321 Monroe, Aaron D Assessment Schedule certify such cost for attached Garbage & Brlanna L Locke, 321 are delinquent In the the abatement of Assessment'.; schedule Monroe *Street; payment of grass and situations= -where the • are delinquent in the Dubuque 'IA 52001, weed ',, cutting and nuisance As "Palpably payment of. - garbage 1013310005, $75.00; garbage-- ' collection and 'indisputably such collection • charges in . garbage charges: to the County the amount set aside of 656 W 11th, Stuart Section 2. That the Treasurer -ai}}nUUd"it: stall the respective names, Hoover, 8$0, "White City Clerk be and Is th. l aid "te* = ten e rryyerty and that said am00ntn St eet, D burflie IA directed and age : f?e _ p` -Shall be , collected .'.i `p8. and: Oolleoted with - the same manner as $70,00, garbage the County Treasurer and in the ,- same general property taxes • • ' RESOLUTION • of Dubuque County, manner as . general against .the respective NO. 116-12 Iowa, that the persons taxes - . on said Real Estate LLC, 605 puta sure Dubuque, A 2001, _'- nmediate. ciAi? p r[ tl or1 t0 1025130009, °''$100:00, broteCt t =- i1.ibIic health, v garbage safet or 2169 Elm, Sara Jean . welfare of the public, Hines, 2169 Elm Street, the Housing Officer , Dubuque; IA • 52001; may order the ' 1024210017, • $90.00, emergency :abatement ' garbage of such; and 324 W Locust, WHEREAS, delin- Timothy L Specht, 8760' quent garbage collec- Kemp Court, Dub ue,,: ;ttlon Charges, shat be IA '52003,- 1024329-1.4; :Certified by,;�th` City $65.00, garbage += •- Clerk to the Du que 1280 Cleveland, , County Treasurer for Michael D Voss, 1280 collection with, and In 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 $127.33. Sip 7°,1, Subscribed to before , Notary Public in and for Dubuque County, Iowa, this %'` day of , 20 /2_, / /: L_ #_�� /._ I di otary Public in and for Dubuque ounty, Iowa. MARY IC. WESTERMEYER Commission Number 154885 Lori