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Delinquent Grass and Weed Cutting and Garbage Collection Charges_Housing Department Copyrighted November 19, 2018 City of Dubuque Consent Items # 21. ITEM TITLE: Delinquent Grass and Weed Cutting and Garbage Collection Charges - Housing Department SUMMARY: City Manager recommending adoption of a resolution authorizing the City Clerk to certify grass and weed cutting and 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 Grass and Weed Cutting and Garbage Collection Charges in accordance with Title 6-4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Grass/Weed Removal and Garbage Collection City Manager Memo Assessments-NNM Memo Staff Memo Staff Memo Grass, Weeds and Garbage Resolution Resolutions Grass, Weeds and Garbage Notice Supporting Documentation Grass, W eeds and Garbage Assessment List Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: GrassM/eed Removal and Garbage Collection Assessments DATE: November 13, 2018 Housing and Community Development Director Alexis Steger recommends the City Council adopt a resolution authorizing the City Clerk to certify grass and weed cutting and 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. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Alexis M. Steger, Housing and Community Development Director Du�uque THE CITY OF Housin and Communit Develo ment �II-bmerica cit� � g Y p i��� r �� 3 50 W. 6th Street, Suite 312 UB E I ! �� Dubuque, IA 52001 Masterpiece on the Mississippi �°°'��0'� Eo�po�u���� Office (563) 589-4231 2ti13•2017 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director DATE: November 5t", 2018 SUBJECT: Grass/Weed Removal and Garbage Collection Assessments INTRODUCTION The purpose of this memorandum is to request City Council to adopt the attached resolution authorizing the City to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. DISCUSSION Title 6-4-3A of the Code of Ordinances provides that overgrown weeds and grass and garbage are considered a substandard condition requiring abatement. Title 6-8-2 provides that the City may have the conditions abated and 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 I respectfully request the City Council adopt the attached resolution authorizing the City Clerk to certify the grass/weed removal and garbage collection charges to the Dubuque County Treasurer. Prepared by: Tami Ernster, Permit Clerk Cc: Crenna Brumwell, City Attorney Service People Integrity Responsibility Innovation Teamwork RESOLUTION NO. 341-18 AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEEDCUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A and TITLE 6-8-2 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 grass and weed cutting and 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 Grass/Weed/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 Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and 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 19th day of November 201 Attest: Kevin S, irnstahl, ity Clerk Roy D Buol, Mayor NOTICE OF FILING OF DELINQUENT GRASS AND WEED CUTTING AND 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. 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 6-8-2 provides that the City shall have the authority to correct a nuisance that is "palpably and indisputably such,"without notice and 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 December 20, 2017, the costs for a nuisance that are "palpably and indisputably such," such as delinquent grass and weed cutting and 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 GrassMleed/Garbage Assessment Schedule have unpaid grass and weed cutting charges 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. 13'h Street, Dubuque, lowa, 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 are payable at the County Treasurer's OFfice, Dubuque County Courthouse, 720 Central Avenue, Dubuque, lowa, 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, lowa, that the persons named on the attached GrassMleed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and 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, lowa, as provided in Section 384.60 of the Code of lowa. /s/Kevin F Firnstahl, CFC City Clerk Grass/Weed/Garbage Assessments Location Owner Parcel # AMOUNT CATEGORY Healey, Joseph A&Janice 804 Rose St 1936 Ellis W 130' OF LOT 47 COXS ADD Dubuque IA 52001 1024180009 $211.00 garbage 2435 Queen LLC 548 W 7th St 2435 Queen LOT 1-2 BRUSH CLIFF SUB Dubuque IA 52001 1013452046 $1,536.51 garbage Engelken, Thomas A LOT 38 OXFORD HGTS LOT 2-39 & LOT 2- 2022 Camelot Dr grass, weeds 640 Alta Vista 36 OXFORD HGTS Allen TX 75013 1025107013 $158.00 and garbage Marsh, Patrick R 158 Bluff St grass, weeds 158 Bluff N 1/2 - S 1/2 OF CITY LOT 123 Dubuque IA 52001 1025280006 $367.30 and garbage Metx LLC 988 W 3rd St 108 1740 Elm S 1/2 OF LOT 174 EAST DUBUQUE ADD Dubuque IA 52001 1024277006 $125.00 garbage Ulhaq, Irfan & Kwon, Miyeon 995 Mount View CT grass, weeds 1238 Jackson N 25' - LOT 60 EAST DUBUQUE ADD Platteville WI 53818-1816 1024435010 $503.00 and garbage Duggan, Patrick J 2537 Willow Brook Dr 1540 Central N 30'6"- M 1/5 OF CITY LOT 442 Asbury IA 52002 1024404003 $204.00 garbage Oertel, Gregory 1358 Thomas PI 1358 Thomas NE 10' OF LOT 2 OF B OF 96 & LOTS 1 &2 O Dubuque IA 52001 1118302001 $475.00 grass Red Owl Investments LLC 656 Lowell St grass, weeds 1040 Wilson N 1/2 LOT 5 CAINS SUB Dubuque IA 52001 1025104002 $148.00 and garbage Swank, Garry R & Rose M PO Box 1173 981 High Bluff NE 48.8'-E 1/2-LOT 37 HOOPER'S ADD Dubuque IA 52004-1173 1013437013 $165.00 grass Tri-Corner Properties LLC LOTS 767 &768A BOTH IN A MC DANIELS 3090 Castle Woods Ln 1293 Bluff SUB 1293-1299 BLUFF ST Dubuque IA 52001 1024340027 $105.00 grass Thielen, Janice J 2033 303 Jefferson St Washington LOT 22 STEINER'S ADD 2033-2035 WASHINGT Bellevue IA 52031 1024214017 $290.00 grass Empress Enterprises LLC 199 New Montgomery St#706 25 W 15th LOT 1 OF WINNER PLACE San Francisco CA 94105 1024403017 $60.00 garbage 1 Grass/Weed/Garbage Assessments Mid America Property Management LLC PO Box 1572 526 Rhomberg LOT 26 HIGH ST SUB Dubuque IA 52004-1572 1024230003 $60.00 garbage Mid-America Property Management LLC PO Box 1572 1091 Center N 32' OF LOT 6 NEWBURGHS SUB Dubuque IA 52004-1572 1025102002 $65.00 grass You, Banwei 2274 2002 West Field Dr Washington LOT 1 WARREN & ROBIN AMLING'S SUB Augusta GA 30909 1013460029 $70.00 garbage Adams, Gregory J & Nancy T 6411 Sandwedge CT 2146 Roosevelt LOT 610 HAMS ADD Dubuque IA 52002 1118129010 $265.00 grass Merrick Investment Group LLC 3518 Eclipse Cir 1120 Race LOT 2-13 &S 36' LOT 14 CUMMINS SUB Dubuque IA 52003 1024379006 $355.00 grass Bernhard, Gary 1100 Roosevelt St Grass, weeds 1100 Roosevelt LOT 4 WERSINGER SUB Dubuque IA 52001 1012201003 $182.00 and garbage Ramirez, Emiliano 89 Southern Ave grass, weeds 2410 Queen N 30' LOT 39 STAFFORDS ADD Dubuque IA 52003 1013453011 $81.00 and garbage TOTAL $5,425.81 2 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: November 23 & 30, 2018, and for which the charge is $144.56 R.12, Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of .,a-� � ,20/'. Notary blic in and for Dubuque C 496 Mmn miss o oNumberr 54885 Co ,2020 My Commission Exp• Feb. 1,2020 ty, Iowa. CITY OF DUBUQUE OFFICIAL NOTICE NOTICE OF FILING OF DELINQUENT GRASS AND WEED. CUTTING AND GAR- BAGE COLLECTION' CHARGES IN ' ACCOR- DANCE WITH TITLE 6- 4-3A; TITLE 6-4-5A & TITLE 6-4-56:` OF THE CODE OF ' ORDI- NANCES OF THE CITY OF DUBUQUE, IOWA Title 6,-4,-3A, of the Code of ;'Ordinances provides that :garbage. is bonsidere'd a public nuisance that 'requires that such conditions.be ordered to be reme dieda '- Title 6-8-2 provides that the City shall have the authority to correct I a nuisance that is "pal- pably and indisputably such," without notice and provides that the,; City Clerk shall certify such cost for the I abatement of situa- tions where the nui- sance, IS palpablyand indisputably' SuCfr to the County Treasurer" and itrshall then consti- tute a' lien against said;-, property and -'be - lected with an,d,in,-the samemanneras'gener- col al taxes on said proper- As of December 20, 2017, the costs for a 1 nuisance that are "pal- pably and, indisputably such," such' as delin- quent grass and weed cutting and garbage collection charges, shall be certified by the City Clerk to the :1 Dubuque county Trea- surer for collection with, and in the same manner 'as, general propertytaxes. The persons listed on the attached Grass/ Weed/Garbage Assess- ment Schedule have unpaid grass and weed cutting Charges in the amount set out and .said charges are delin- quent. The assessments may be paid in full or in part without interest at the City.Treasurer's Office, y'rHall, W. StreC�tet, Dubu50que, Iowa13th, "any -me'u✓n 30f days-: after: the date 0 tad firsttipublicationithiof the notice of the filing of the Schedule of. As- sessments with the County; Treasurer. Af- ter 30 days, unpaid as- sessments are payable at the County Treasur- er's Office•, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be col- lected'`; in the same manner as general property taxes against the respective parcels of the property set forth on the .attached schedule.. You are hereby noti fied that the City Clerk be and is hereby or- dered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the. persons named on the attached Grass/Weed/ Garbage: Assessment" Schedule are =delin- quent in the payment of grass and weed cut- ting and garbage` col- lection charges in the amount set aside of the respective names, and that said amounts shall be collected ins the same manner as gener- al property taxes against=the respective parcelsof property set, opposite" the names of the owners. This notice given by direction of the' City Council of the City' of Dubuque, Iowa, as pro- 1 ro 1 vided in Section 384.60 of the Code of Iowa. /s/Kevin S Firnstahl, CMC, City Clerk SCHEDULE' OF ASSESSMENT DELINQUENT WEED/GRASS; cUTrING and GARBAGE REMOVAL ACCOUNTS:' " NOVEMBER 19, 2018 Location; "Owner.;; Parcel #;;, ;Amount; Category ' 1936 Elks, W 130 of Lot 47 Coxs Add; Healey, JosephA & Jan- ice; `'$04 'Rose - St; Dubuque IA 52001; 1024180009; $211.00; Garbage 2435 Queen; Lot 1-2 Brush Cliff Sub; 2435 'Queen LLC; 548 W1 7th St; Dubuque IA 52001; 1013452046; $1,536.51; Garbage 640 Alta Vista; Lot 38 Oxford Hgts Lot 2-39 & Lot 2-36 Oxfprd Hgts; Engelken, Thomas A; 2022 Camelot Dr; Allen TX 75013; 1025107013; $158.00; Grass, Weeds and Garbage 158 Bluff; N 1/2 - S 1/2 Of City Lot 123 Marsh, Patrick, R; 158 Bluff St; Dubuque IA 52001; '1025280006;, $367.30; Grass, Weeds and Gar- bage,` 1740 Elm; S 1/2 Of Lot 174 East Dubuque Add; Metk LLC; 988 W; 3rd St 108; Dubuque IA 52001; 1024277006; $125.00; Garbage 1238 Jackson; N 25' - Lot 60. East Dubuque Add; Ulhaq, Irfan & Kwon, Miyeon; 995 Mount View Ct; Plat- teville:Wi 53818-1816; ! 1024435010; $503.00; Grass, Weeds and Garbage 1540 Central; N 30'6" M ,1/5 Of City Lot 442;. Duggan, Patrick 1;`2537 1 Willow ;Brook Dr; As- btlry . IA, 52002; 104404003$20400 Ga,bage` 1358 Thomas; Ne 10' Of, Lot 2 Of B Of 96 & Lots 1&2Of8Of97 McCraney's 1st Add; Oertel; ; Gregory; 1358 Thomas' PI; Dubuque IA 52001; ` 1118302001;'; $475.00; Grass 1040 Wilson; N 1/2 Lot 5 Cain's Sub; Red Owl Investments LLC; 656 Lowell `St Dubuque IA; 52001; 1025104002; $148.90;;! Grass Weeds kf" and Garl1ae 981 High;',Bluff; 48:8'-E -1 1/2 Lot,, E;; Hopper's Add; Swank, Garry ;R &. Rose M;; Po Box 1173; Dubuque` IA' 5200;4 11..7;13;; 1013437013, $165.00; Grass: 1293 Bluff; • Lots 767 & 768a Both in A Mc Daniels Sub 1293-1299 Bluff " St; Tri -Corner Properties LLC; 3090 Castle ": Woods, Ln; Dubuque` IA 52001; 1024340027; $105.00; Grass 2033 Washington;.Lot 22" Steiner's `Add '2033- 1 2035 Washington; Thie- len, Janice J; 303 Jeffer- son St; Bellevue IA 52031 1024214017; $290.00; Grass 25' W 15th; Ldt 1 Of Winner Place Ernpress Enterprises LLC;' 199 New' Montgomery St #706;. San Francisco Ca 94105; 1024403017; $60.00; Garbage 526 Rhomberg; Lot 26 High St SUb; Mid Amer- ica Property. -Manage- ment LLC, Po Boa 1572 Dubuque IA- 52004- 1572; 1024230003; $60.00; Garbage.j 1091 Center N:32' Of Lot 6 Newburgh's Sub; Mid-America " Property .' Management LLC; Po Box 1572; Dubuque IA 52004-1,57"2; 1025102002; ; $65.00; Grass " 2274 Washington;, Lot 1 Warren & Robin Am ling s Sub; You, Ban- we1 2002 West yield Dr; Augusta Ga 30909; 1013460029; $70.00; Garbage 2146 Roosevelt; Lot 610'Ha"ms Add; Adams, Gregory J & Nancy T; 6411 SandWedge"Ct; Dubuque_ IA 52002; 1118129010;„ $265.00; Grass 1120 Race; Lot 2-13 & S 36' Lot:; 14 Cummins Sub; Merrick Invest- ment Group LLC; 3518 Eclipse;Cir;Dubuque IA 52003; 1024379006; $355.00; Grass 1100. Roosevelt; Lot 4 Wersinger Sub; Bern- hard,- Gary;; 1100 Roo- sevelt St; Dubuque IA .52001; 1 1012201003; $182.00; -Grass, Weeds and Garbage 2410 Queen; N 30' Lot 39 " Staffords Add; `Ramirez, Emiliano;' 89 Southern: Ave; Dubuque IA 52003; 1013453011; $81.00; Grass, Weeds and Garbage 2t 11/23, 30