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Grass and Weed Cutting AssessmentsTO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Grass and Weed Cutting Assessments DATE: March 24, 2008 Housing and Community Development Department Director David Harris recommends that total assessments of $9,741.54 be levied against twenty-nine separate parcels of property, and that the City Clerk certify the grass and weed cutting charges to the Dubuque County Treasurer to establish real property liens for collection of such charges. I concur with the recommendation and respectfully request Mayor and City Council approval. VW~? Michrael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director THECTTY OF Dubuque ..-~ DUB E "''~ Masterpiece on the Mississippi 2007 DATE: March 20, 2008 TO: Micha~I~Van Milligen, City Manager FROM: David arris, Housing and Community Development Department SUBJECT: Grass and weed cutting assessments INTRODUCTION The purpose of this memorandum is to request City Council to adopt the attached resolution authorizing the City to certify grass and weed cutting charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. DISCUSSION Section 26-3.(c)(2)o. of the Code of Ordinances provides that overgrown weeds and grass are considered a substandard condition requiring abatement. Section 26-4.(b)(3) provides that the City may have the conditions abated and Section 26-6.(b) 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 grass and weed cutting 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 STEP The action step is for the City Council to adopt the attached resolution authorizing the City Clerk to certify the grass and weed cutting charges to the Dubuque County Treasurer. cc: Barry Lindahl, City Attorney RESOLUTION NO. 104-08 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR GRASS CUTTING CHARGES SPECIFYING THE NUMBER OF ANNUAL INSTALLMENTS INTO WHICH ASSESSMENTS ARE DIVIDED, THE INTEREST ON ALL UNPAID INSTALLMENTS, THE TIME WHEN THE ASSESSMENTS ARE PAYABLE AND DIRECTING THE CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after fuN consideration of the Schedule of Assessments attached hereto for grass cutting charges, was filed in the office of the City Clerk on the 24th day of March, 2008, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a special tax against and upon each of the lots, the respective sums indicated. That the City Clerk be and she is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code §362.3, the first publication of which shall be for not more than 15 days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code §384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th 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 of $100.00 or more are payable in 10 annual installments, at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at nine (9) percent (commencing on the date of acceptance of the work), computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. Property owners may elect to pay any annual installments semiannually in advance. Passed, approved and adopted this 7th day of April , 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC City Clerk NOTICE OF FILING OF DELINQUENT GRASS AND WEED CUTTING CHARGES IN ACCORDANCE WITH SECTION 26-3.(c)(2)o. AND SECTION 26-4.(b)(3) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. Section 26-3.(c)(2)o. of the Code of Ordinances provides that overgrown weeds and grass are considered a substandard condition that requires that such conditions be ordered to be remedied. Section 26-4.(b)(3) provides that the City shall have the authority to correct a nuisance that is "palpably and indisputably such," without notice. Section 26-6.(b) 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, 2007, the costs for a nuisance that are "palpably and indisputably such," such as delinquent grass and weed cutting 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 hereinafter named, owning the following described property, have unpaid grass and weed cutting charges in the amount set out and said charges are delinquent. NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT Jan R. & Herschel S. Pike 10-24-217-005 $55.00 347 E. 19th Street W 8'-LOT 20,E 17' S 69'-LOT 21, E2'-N40'- W28'-S69'- Dubuque, IA 52001 LOT 21 E DUBUQUE ADD Troy Akins (contract holder) 2545 Anamosa Street Dubuque, IA 52003 Blackacre Properties 300 Main Street, Suite 330 Dubuque, IA 52001 Jackson Square Estates LC 3500 Dodge Street #387 Dubuque, IA 52003 Jackson Square Estates LC 3500 Dodge Street #387 Dubuque, IA 52003 10-24-261-008 $828.10 S 14' OF S 14'2" OF SM 1/5 CITY LOT 440 & S 1/5 CITY LOT 440 1706-1722 CENTRAL 10-25-213-025 $406.88 LOT 1 COPPERHEAD PLACE 425-447 BLUFF 10-24-281-010 $139.66 LOT 1-N 1/2 OF 80 EAST DUBUQUE ADD 10-24-281-008 $72.20 LOT 1 & 2 OF THE SUB 1-81 EAST DUBUQUE ADD 1597-1599 WASHINGTON Dubuque Property Management LLC 10-24-381-018 $54.90 1766 Central Avenue S 100' - W 61' - S 1/2 -LOT 822 A MCDANIELS SUB 641- Dubuque, IA 52001 649 W 11TH ST NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT Five Star Realty Investments LLC 10-24-389-002 $69.80 1911 Hummingbird Dr N 50' OF N 96'6" OF LOT 36 PARLEY'S SUB 634-636 Dubuque, IA 52002 JEFFERSON Citifinancial, Inc. 7467 New Ridge Road Suite 222 Hanover MD 21076 Cletus Raymond Zimmerman P.O. Box 2388 Davenport, IA 52809 Jeremy P. Kass 26928 200th Street Bellevue, IA 52031 William J. Finn 1860 Heeb Street Dubuque,lA 52001 Kristy A. Monahan-Smith 2521 Stafford Street Dubuque, IA 52001 Mary Ann & Frances Heles 1360 Cummins Street Dubuque, IA 52001 10-26-279-013 $595.00 LOT 16 T S NAIRNS DUBUQUE 10-24-208-015 $800.00 N 27.4'-E 1/2-LOT 37 L H LANGWORTHY'S ADD 10-24-208-023 $590.00 LOT 1-1-1-1 OF "SUB OF N 54'- E 1/2-40 & E 1/2-39 L H LANGWORTHY'S ADD 10-24-134-046 $585.00 LOTS 13 & 14 MARSHS ADD 10-13-410-024 $590.00 LOT 2-1 & E 1/2 OF 4-2 GEIGERS 10-24-353-025 $95.00 LOT 19-3 MIN LOT 90 & LOT 1-5-1 MIN LOT 89 & LOT 2- 1-6 BLK 2 HAMBLIN SUB Dubuque Property Management 10-25-260-008 $440.00 1766 Central Avenue E 17' LOT 5 OF CITY LOT 601 & W 33' LOT 5 OF CITY Dubuque, IA 52001 LOT 601 432-436 EMMETT Mortgage Electronic 10-24-102-002 Reg Sys Inc C/O Emc Mortgage CORNELIA PLACE ALL 909 Hidden Ridge Suite 200 Irving TX 75039 Wells Fargo Bank One Home Campus Des Moines, IA 50328 10-13-336-024 LOT 35 E LANGWORTHYS ADD Rodney N. & Karen A. Errthum 39411 Errthum Road Holy Cross, IA 52053 10-24-257-011 NM 1/5 CITY LOT 490 $585.00 $480.00 $630.00 Double Q Corporation 11-18-158-016 $55.00 811 Valley View LOT 1-1-102 MC CRANEY'S 1ST ADD East Dubuque, IL 61025 NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT Robert J. & Maribeth P. Devereaux 10-14-428-006 P.O. Box 684 LOT 73 MC DANIEL'S PARK HILL ADD $65.00 Elk Grove Village, IL 60009 Jerryl Lee Gesie 21392 Crystal Drive Dubuque, IA 52001 10-24-128-001 LOT 1-130 L H LANGS ADD $430.00 Tod M. Strub 2096 Broadlawn Road Dubuque, IA 52001 Scott A. Runde P.O. Box 704 Cuba City, WI 53807 Julie A. & David A. Lott 265 Alpine Street Dubuque, IA 52001 James P. & Paula M. Bodish 15133 Old Highway Road Peosta, IA 52068 Christina M. & Lucille M. Atchison c/o Kathleen Grimme 435 Glen Oak Street Dubuque, IA 52001 Theresa Etal Glasser 941 High Bluff Street Dubuque, IA 52001 Frugal Mule Properties LLC 50 Apple Hill Drive Blue Mounds, WI 53517 Joseph A. & Janice Healey 804 Rose Street Dubuque,lA 52001 10-22-403-001 LOT 12 BLK 4 HILLCREST PARK $645.00 10-24-403-009 $205.00 E 1/2-S 88'-E 1/2-S 2/5 OF CITY LOT 454 35-35 1/2 W 15TH ST 11-18-305-009 $175.00 LOT 88 MC CRANEY'S 1ST ADD 10-24-215-001 $205.00 W 59' OF S 42' OF LOT 1-97 L H LANGWORTHY'S ADD 2076-2078 WASHINGTON 10-24-308-009 $115.00 N 52' OF LOT 2 QUIGLEYS SUB OF 712 10-13-437-017 $325.00 S 1/2 OF LOT 40 HOOPER'S ADD 10-25-133-034 $125.00 LOT 1-2-1-39 KELLYS SUB 10-24-263-011 $205.00 LOT 2-2-E 1/2-LOT 91 EAST DUBUQUE ADD Dubuque Property Management LLC 10-24-332-024 $175.00 1766 Central Avenue LOTS 1 8~ 2 YATES & PICKETTS 1485-1485 1/2 Dubuque, IA 52001 CORNELL You are hereby notified that the City Clerk be and she is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named hereinbefore are delinquent in the payment of grass and weed cutting 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/Jeanne F. Schneider, CMC City Clerk