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Delinquent Garbage Collection Charges - Housing and Community Development Copyrighted August 21, 2017 City of Dubuque Consent Items # 8. ITEM TITLE: Delinquent Garbage Collection Charges - Housing and Community Development Department SUMMARY: City Manager recommending that the City Council adopt a resolution authorizing the City Clerk to certify garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Authorizing the City to collect delinquent garbage collection charges in accordance with Title 64-3A; Title 64-5A and Title 64-513 of the Code of Ordinances of the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Garbage Collection Assessments-MVM Memo City Manager Memo Staff Memo Staff Memo Garbage Assessment Resolution Resolutions Garbage Notice Supporting Documentation Schedule of Assessments Supporting Documentation THE COF Dubuque DtUB E All-America City Masterpiece on the Mississippi 1 1 1 1" 2009•2012•2013•2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Garbage Collection Assessments DATE: August 14, 2017 Housing and Community Development Department Director Alvin Nash is recommending that the City Council adopt a resolution authorizing the City Clerk 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. 64L-Z� Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Alvin Nash, Housing & Community Development Department Director THE CrrY OF Dubuque DUB E All-America Cily Masterpiece on the Mississippi 1 I I I I ' 2007 TO: Michael Van Milligan, City Manager FROM: Alvin Nash, Housing and Community Development Department Director DATE: May 16, 2017 SUBJECT: Garbage collection assessments 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. INTRODUCTION Title 6-4-3A of the Code of Ordinances provides that garbage is considered a substandard condition requiring abatement. Title 6-4-5A provides that the City may have the conditions abated and Title 6-4-5B 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 property 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 the garbage collection charges to the Dubuque County Treasurer. Prepared by: Tami Ernster, Permit Clerk cc: Barry Lindahl, City Attorney RESOLUTION NO. 289-17 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A; TITLE 6-4-5A & TITLE 6-4-5B 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. Passed, approved and adopted this 21st day of August, 2017. Roy D Buol, Mayor Attest: Kevin'. Firnstahf City Clerk NOTICE OF FILING OF DELINQUENT GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A; TITLE 6-4-5A & TITLE 6-4-513 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. Title 6-4-3A of the Code of Ordinances provides that garbage is considered a public nuisance that requires that such conditions be ordered to be remedied. Title 6-4-5A provides that the City shall have the authority to correct a nuisance that is "palpably and indisputably such,"without notice. Title 6-4-513 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 April 30, 2017, the costs for a nuisance that are "palpably and indisputably such," such as 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. The persons listed on the attached Garbage Assessment Schedule have unpaid garbage assessments 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. 13th Street, Dubuque, Iowa, at anytime 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 F Firnstahl, CFC City Clerk Location Owner Parcel # AMOUNT CATEGORY Volz, Scott 1449 Jackson St 1449 Jackson S 1/2 - M 1/5 OF CITY LOT 494 Dubuque IA 52001 1024409011 $1,077.88 garbage u uque Main bAreet 1069 Main St 1853 White S 26' - M 1/5 - CITY LOT 436 Dubuque IA 52001 1024256005 $112.00 garbage Home Dream LLC 3060 Pennsylvania Ave 338 Kaufmann E 1/2 OF LOT 6 SIEGES SUB Dubuque IA 52001 1024131002 $67.00 garbage Robey, Delbert R 2776 Central Ave 2776 Central W 170'- 284 DAVIS FARM ADD Dubuque IA 52001 1013308001 $65.00 garbage ammeran ye E & Melissa 2241 LOT 1-S 39.40'-LOT 80 L H LANGWORTHYS 19701 Kruse Ln Washington ADD Sherrill IA 52073 1024203011 $115.00 garbage Ley, John 799 Rush St 799 Rush LOT 1-2-S 165'-190 UNION ADD Dubuque IA 52003 1025455011 $96.00 garbage Boen, Michael S LOT 2-70, W 20.1' OF LOT 1-69 & E 13.1' OF 1321 Lincoln Ave 520 Edith LOT 1-70 O'NEILLS RIVERVIEW Dubuque IA 52001 1013127006 $96.00 garbage Tri-State Property Management LLC 2245 Wedgewood Dr 641 W 11th IS 100' -W 61' - S 1/2 - LOT 822 A MCDANIEL Asbury IA 52002 1024381018 $182.35 garbage Perry, Jodie L 375 Dorgan PI 375 Dorgan LOT 6 DORGANS SUB Dubuque IA 52001 1024180026 $315.91 garbage Engelken, Thomas A S 57'- N 107'- E 1/2 OF CITY LOT 746 1659- 2022 Camelot Dr 1659 Iowa 1677 IOWA Allen TX 75013 1024254008 $67.00 garbage Gladwin, Kevin BAL - N 70' - LOT 8 J P PORTERS ADD 590 590 Clarke Dr F590Clarke 1590 1/2 CLARKE DR Dubuque IA 52001 1024153009 $70.00 garbage TOTAL $2,264.14 1 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: August 25 & September 1, 2017, and for which the charge is $78.33. Subscribed to before me, a Mary Public in and for Dubuque County, Iowa, this £' day o ,20 /7 . Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 OFFICIAL, ' PUBLICATION O ,;FICIAL NOTICE CE OF, FILING QUENT GAR- , 'COLLECTION .,Ort y 1iTLE,,61; THECoki. IR $U+i14'IOA. Title, 6-413 ' of the' Code that i;naflces' provides that garbage is considered a public ndisance that requires.) that, such conditions be: I ordered to be reme died Title 6-4-5A provides. that'the City shall. have fhe aittharityto correct nuisance,`that is 1, palpably: and indispu- tably :such,' without notice;' _.: Title°.,6;,4-5B. 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 Trea- surer and it shall then constitute ' a lien against said ; property and be .collectedy'��_.�ithr.1 and in: the's8rrie1nlarl, ner-asieneraltaxes on said roperties. , c' gf, April 30; 2037 dz costs for < a htrisahce' that -are "palpably and indispu- tably. -such," .. such ., as del,inquentgarbage col-„ ' lection charges, shall be certified by the City ,to, the Dubuque„ Countylreasure`-for. collectionith, and in 'the 'sarbe' manner as; general property taxes. Th'eapersons listed.on.: the -,attached 'Garbage; Assessment;_ Sehedule'' have:: unpaid ""garbage assessments in, the amount set out and s ,;.„.charges, are 1-10 .'.00t.I- is'sessments'may:, h ipfui,l;°pr:7h° part tjip(it „iotorest: at;tlie;; City Treasurer's Office{ City, , Hall, 50' ,W: 13th i' .'%Street, Dubuque,,, : s i days 'a#e`r the'date of r -the first' publication of, .the notice of the filing,?. the' Schedule of",' Assessments with the.” ,County Treasurer. :30=i: `hays;` .unpaid.', 2�'er7..assessments are pay :'able >at:: the County'^ Treasurer's Office, Du buque County Court- I house, 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 note, fled 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 onthe attached Garbage As- sessmentSc hedule are .delinquent' in' the payment t;of garbage collection charges',, in the amoUnt'set aside of tlie, :respective . names, and; that:_sald; amounts Sh li be collected in the same m'ahner general'p;r'operty specti-taxes ve aatjainst the re parcels of property set opposite the names of the. owner. This notice given by direction of the City Council of the City of Dubuque, Iowa, as 1 provided - in Section 384.60 of. the Code, of Iowa. /s/Kevin S. Firnstahl, CIVIC, • City Clerk Schedule of Assessments Delinquent Garbage, Collection Charges, Location„ Legal Des- cription; Owner/Ad- dress; Parcel - #;', Amount;. Category 1449 Jackson;..5.1/2 - M 1/5-of'Cit.Lot 494;'' Volz, - Scott 14491 , Jackson St:, Dubuque 1 IA. 52001; 1024409011;', $1,077.88;- garbage 1853White;,S 26'-M 1/5 - City Lot 436; Dubuque Main Street Ltd, 1069 Main St. Dubuque IA 52001; 1024256005; $112.00; garbage, 338 Kaufmann; E 1/2 of Lot 6 Sieges Sub; Home Dream, LLC, 3060 Pennsylvania Ave., Dubuque IA 52001; 1024131002;. $67.00; garbage • 2776 Central; W 170'- 284 Davis Farm Add; Robey, Delbert R. 2776 Central Ave.' Dubuque IA 52001; 1013308001; $65.00; garbage 2241 Washington; Lot 1-S 39.40' -Lot 80 L H Langworthy's Add; Hamnierand, Lyle E & Melissa B.,19701 Kruse ' Ln.,; Sherrill IA 52073; ,1024203011; $115.00; garbage "' 799 Rush; Lot 1-2,,S 165'-190 Union Add; Ley, John 799 Rush St., Dubuque', IA 52003; 1025455011;, '$96.00; garbage 520 Edith; Lot 2-70, W 20.1' of Lot 1-69 & E 13.1' of Lot 1-70 O'Neill's Riverview; Boen; Michael S. 1321 Lincoln Ave., Dubuque IA 52001; 1013127006;; $96.00; garbage 641 W 11th 5:100' - ,W l Lot 822'0, MCDaniei s Sub 641-649, W liths Tri-State, Property ?ManagemenC LLC, 2245 :Wedgewood Dr., Asbury IA 52002;, 1024381018; $182.35;1 garbage ., 1 375 Dorgan; L046 6 Dorgan s Sub; perry,,:: Jodie L375 Dorgan Pl., Dubuque lA 52001;,.1 1024189,026;- garbage 0241801026; garbage 1659 _lowa; S 57'4' N 10.7'- E 1/2.of:City Lot 746: :1659-1677 Iowa; Engelken, .Thomas A., 2022 Camelot, Dr., Allen' TX . 75018;-1624254098; $67.00; garbage 590 Clarke; BAL N'70' -Lot 8 J P Porters Add 590-590 1/2 :Clarke Dr.; Gladwin, Kevin 590 Clarke Dr.; Dubuque IA 52001; - 1024153009;I $70.00; garbage 2t 8/25,9/1