Vacant & Abandoned Building & Problem Property AssessmentsTHE CTTY OF Dubuque
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Masterpiece an 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: September 8, 2008
Housing and Community Development Department Director David Harris is
recommending authorization for 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.
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
THE CITY OF Dubuque
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2007
DATE: August 28, 2008
TO: Micha~` n Milligen, City Manager
FROM: David M~M~is, 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 cn 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. 313 -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 abandoned building and problem property charges, was filed in the office of the City Clerk
on the 10th day of September, 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. 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 15th day of September, 2008.
Kevin J. Lynch, Mayor Pro-Tem
Attest:
Jeanne 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 August 21, 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
Dave & Laurie Vonah
2404 Queen Street
Dubuque IA 52001
Wells Fargo Bank
One Home Campus
Des Moines, IA 50328
Richard A & Mary E Fondell
660 O'Neill
Dubuque IA 52001
Blas A Chalas
PO Box 3181
Dubuque IA 52004
10-13-453-014 $827.50
LOT 1-1-1-66 SANFORDS SUB & LOT 2-71 STAFFORDS
ADD
10-13-336-024 $270.00
LOT 35 E LANGWORTHYS ADD
10-13-376-017 $450.00
LOT 2 OF N 35' OF W 170' OF LOT 227 DAVIS FARM
ADD
10-24-129-012 $2, 528.80
LOT 18 TIVOLI ADD 2224-2226 FRANCIS
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