Vacant_Abondoned Bldg Property AssessmentsTHE CITY OF Dubuque
--~
DUB E "~°''"~'
Masterpiece on the Mississippi
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: July 1, 2008
Housing and Community Development Department Director is recommending
certification of vacant and abandoned building 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.
~~~_` I _~
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
THE CTTY OF Dubuque
Dj T~ ~, All-AmericaClry
(,J '~
,,
Masterpiece on t~Te Mississippi ' ' '
2007
DATE: June 26, 2008
TO: Michaern Milligen, City Manager
FROM: David Harris, Housing and Community Development Department
SUBJECT: Vacant and abandoned building and problem property assessments
INTRODUCTION
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
Section 26.3(b)(1)h of the Code of Ordinances provides that vacant and abandoned buildings
and problem properties 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 vacant and abandoned building and 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.
ACTION STEP
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.
cc: Barry Lindahl, City Attorney
RESOLUTION NO. 208 -08
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR VACANT AND ABANDONED
BUILDING AND PROBLEM PROPERTY 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 full consideration of the Schedule of Assessments attached hereto for vacant
and abando ed building d problem property charges, was filed in the office of the City Clerk
on theday of 2008, the said Schedule of Assessments be and the same is
hereby approved ad ted.
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. 13t" 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 % day of/ , 2008.
j
r'~*` F'3
J /
~P ? fr
~j` ~ i
`? Roy D. Buol, Mayor
Attest:
i _
eanne F. Schneider, CMC
City Clerk
RESOLUTION NO. 209 _pg
RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT VACANT AND
ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH
SECTION 26-3 (b)(1)h; SECTION 26-4.(b)(3) & SECTION 26-6.(b) 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
26-3 (b)(1)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 hereinafter, owning the properties thereby set forth, are
delinquent in the payment of vacant and abandoned building and problem property charges:
NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT
Joseph E Healey
2486 Crissy Drive
Dubuque, IA 52001
William J. Finn
1860 Heeb Street
Dubuque,lA 52001
Rodney N. & Karen A. Errthum
39411 Errthum Road
Holy Cross, IA 52053
CNI Properties LLC
4935 Wildflower Drive
Dubuque IA 52002
10-27-207-006 $124.02
LOT 416 LENOX ADD'
10-24-134-046 $ 95.00
LOTS 13 & 14 MARSHS ADD
10-24-257-011 $195.00
NM 1/5 CITY LOT 490
10-24-338-017 $625.00
LOT 1-2-CITY LOT 667 & 2-2-2 OF CITY LOT 667
Section 2. 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 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 July , 2008.
E
Roy D. Buol
Mayor
Attest:
~~ ~ ~
eanne F. Schneider, CMC
City Clerk
NOTICE OF FILING OF DELINQUENT VACANT AND ABANDONED BUILDING AND
PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH SECTION 26-3(b)(1)h AND
SECTION 26.4.(b)(3) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA.
Section 26-3 (b)(1)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.
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 May 31, 2008, 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 hereinafter named, owning the following described property, have unpaid vacant
and abandoned building and problem property charges in the amount set out and said charges
are delinquent.
NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT
Joseph E Healey
2486 Crissy Drive
Dubuque, IA 52001
William J. Finn
1860 Heeb Street
Dubuque,lA 52001
Rodney N. & Karen A. Errthum
39411 Errthum Road
Holy Cross, IA 52053
CNI Properties LLC
4935 Wildflower Drive
Dubuque IA 52002
10-27-207-006 $124.02
LOT 416 LENOX ADD
10-24-134-046 $ 95.00
LOTS 13 & 14 MARSHS ADD
10-24-257-011 $195.00
N M 1 /5 CITY LOT 490
10-24-338-017 $625.00
LOT 1-2-CITY LOT 667 & 2-2-2 OF CITY LOT 667
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 vacant and abandoned building and problem property charges in
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