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Snow and Ice Removal AssessmentsTO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Snow and Ice Removal Assessments DATE: May 21, 2009 Housing and Community Development Department Director David Harris is recommending authorizing the City to certify snow and ice removal 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. Mic ael 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 ~T TR ~ NI-AmericaC~y V1J ~ ~~~~ . ~ ~ ~ r Masterpiece on the Mississippi ~ -3, 2007 DATE: May 19, 2009 TO: Mich Van Milligen, City Manager FROM: Davidi~rris, Housing and Community Development Department SUBJECT: Snow and ice removal assessments INTRODUCTION The purpose of this memorandum is to request City Council to adopt the attached resolution authorizing the City to certify snow and ice removal charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. DISCUSSION Section 364.12.2.b of the State of Iowa Code and Section 41-86 of the Code of Ordinances provides that snow and ice 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 snow and ice removal 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 snow and ice removal charges to the Dubuque County Treasurer. cc: Barry Lindahl, City Attorney RESOLUTION NO. 177-09 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR SNOW AND ICE REMOVAL 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 snow and ice removal charges, was filed in the office of the City Clerk on the day of , 2009, 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 1st day of Jure , 2009. ~t-vt-ti~dZo Joyce .Connors, Mayor Pro-Tem Attest: GJ~anne F. Schneider, CMC City Clerk NOTICE OF FILING OF DELINQUENT SNOW AND ICE REMOVAL CHARGES IN ACCORDANCE WITH SECTION 364-12.2.8 OF THE STATE OF IOWA CODE, AND SECTION 41-86 AND SECTION 26-4.(b)(3) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. Section 364.12.2.6 of the State of Iowa Code and Section 41-86 of the Code of Ordinances provides that snow and ice 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 1, 2009, the costs for a nuisance that are "palpably and indisputably such," such as delinquent snow and ice removal 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 snow and ice removal charges in the amount set out and said charges are delinquent. NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT Dick R & Connie J Howell 1608 Washington Street Dubuque IA 52001 Advanced Business Center LLC 13605 Anchor Cove Court Rockville MD 20850 Nathan B & Jennifer M Boyes 14130 Cypress Point Dubuque IA 52002 Blas A Chalas PO Box 3181 Dubuque IA 52004 10-24-278-007 $215.00 S 1/2 OF LOT 111 EAST DUBUQUE ADD 10-24-409-011 $455.00 S 1/2 - M 1/5 OF CITY LOT 494 10-25-378-004 $ 65.00 S 90' OF LOT 61 UNION ADD 977-979 CLEVELAND AVE 10-24-129-012 $155.00 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 snow and ice removal 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 RESOLUTION NO. 178-09 RESOLUTION AUTHORISING THE CITY TO COLLECT DELINQUENT SNOW AND ICE REMOVAL CHARGES IN ACCORDANCE WITH SECTION 364.12.2.b OF THE STATE OF IOWA CODE; SECTION 41-86, 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 snow and ice is allowed to accumulate; 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 snow and ice removal 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 snow and ice removal charges: NAME AND ADDRESS PROPERTY DESCRIPTION AMOUNT Dick R & Connie J Howell 1608 Washington Street Dubuque IA 52001 Advanced Business Center LLC 13605 Anchor Cove Court Rockville MD 20850 Nathan B & Jennifer M Boyes 14130 Cypress Point Dubuque IA 52002 Blas A Chalas PO Box 3181 Dubuque IA 52004 10-24-278-007 $215.00 S 1/2 OF LOT 111 EAST DUBUQUE ADD 10-24-409-011 $455.00 S 1/2 - M 1/5 OF CITY LOT 494 10-25-378-004 $ 65.00 S 90' OF LOT 61 UNION ADD 977-979 CLEVELAND AVE 10-24-129-012 $155.00 LOT 18 TIVOLI ADD 2224-2226 FRANCIS 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 snow and ice removal 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 1st day of June, 2009. Joyce E. Connors Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC City Clerk