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
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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.
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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