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Delinquent Garbage Collection Charges_Housing Department Copyrighted November 19, 2018 City of Dubuque Consent Items # 24. ITEM TITLE: Delinquent Garbage Collection Charges - Housing Department SUMMARY: City Manager recommending adoption of 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 6-4- 3A; Title 6-4-5A& Title 6-4-5B of the Code of Ordinances of the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Garbage Collection Assessments-NNM Memo City Manager Memo Staff Memo Staff Memo Garbage Assessments Resolution Resolutions Garbage Assessments Notice Supporting Documentation Garbage Assessments 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: 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 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 Dubuque THE CITY OF Housin and Communi Develo ment All-America Ciky � g tY p ���� �' r �■� 3 50 W. 6th Street, Suite 312 UB E II � Dubuque, IA 52001 Maste iece on the Mississi i �°°'��°�� EOPPORTUHITY Office (563) 589-4231 � pp �o��-�o�r TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director DATE: November 5t", 2018 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. DISCUSSION 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 I respectfully request the City Council 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: Crenna Brumwell, City Attorney Service People Integrity Responsibility Innovation Teamwork RESOLUTION NO. 344-18 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 1. 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 19th day of November 2018. Attest: Kevin S, irnstahl, City C erk Roy D Buol, Mayor NOTICE OF FILING OF 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. 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 6-4-5B 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 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 13, 2018, 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. 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 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, lowa, as provided in Section 384.60 of the Code of lowa. /s/Kevin F Firnstahl, CFC City Clerk Location Owner Parcel # AMOUNT CATEGORY Ramirez, Emiliano 89 Southern Ave 2410 Queen N 30' LOT 39 STAFFORDS ADD Dubuque IA 52003 1013453011 $129.00 garbage Reiff, Albert J Etal LOT 1-62 L H LANGWORTHY'S ADD 2284- 860 Oakwood Rd 2284 Jackson 2286 JACKSON Hazel Green WI 53811 1013459011 $81.00 garbage Jasro LLC 1560 Langenberg Ave 1906 Ellis N 1/2 OF LOT 44 COXS ADD lowa City IA 52240 1024180012 $67.00 garbage Stowers, Michael Ray & Lu Ann M 2413 Central Ave 904 Merz LOT 25 A STINES SUB Dubuque IA 52001 1013434011 $206.00 garbage Oertel, Gregory NE 10' OF LOT 2 OF B OF 96 & LOTS 1 &2 1358 Thomas PI 1358 Thomas OF B OF 97 MC CRANEY'S 1 ST ADD Dubuque IA 52001 1118302001 $89.00 garbage Engelken, Thomas A LOT 38 OXFORD HGTS LOT 2-39 & LOT 2- 2022 Camelot Dr 640 Alta Vista 36 OXFORD HGTS Allen TX 75013 1025107013 $117.00 garbage S 7'10" OF LOT 10, LOT 12 & NW 44'11"OF LOT 14 WICKS ADD (& PORTION OF VAC Rettenmaier Properties Inc ALLEY LYING BETWEEN LOT 12 & E 7'10" 1398 Central Ave 1100 Lincoln OF LOT 10 WICKS ADD) Dubuque IA 52001 1118315006 $90.00 garbage Berstler, Bruce D &Julie A 750 Kirkwood St 750 Kirkwood LOT 4 UNION AVENUE SUB#2 Dubuque IA 52001 1024158005 $320.00 garbage Griffin, Mark T 2910 Wildwood Dr 933 White N 1/2 OF CITY LOT 330 Dubuque IA 52001 1024478009 $115.00 garbage Jimenez, Luis&Teresa LOT 1-1 & 1-lA DORGANS SUB 403-409 3099 Brunskill Rd 409 W Locust LOCUST ST DubuquelA 52001 1024183003 $151.60 garbage Scharff Holdings LLC 1846 E Quarry Rd 621 E 24th LOT 2-1 &2-2 WINDSOR AVE SUB Cuba City WI 53807 1013453028 $75.00 garbage TOTAL $1,440.60 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: November 23 & 30, 2018, and for which the charge is $//O. V5 Sztfrt4Ae_Rik Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this] day of , 20 /� otary blic in and for Dubuque _ ty, Iowa. MARY K WESTERMEYER ons fission Number 154885 Feb. 1,2020 My Commission EXP. CITY OF DUBUQUE, IOWA lection:charges: in the NOTICE OF FILING amount set aside of the OF DELINQUENT GAR- respective names, and BAGS" 'COLLECTION that said amounts shall CHARGES IN. ACCOR- be collected, in the DANCE WITH: TITLE 6. 1 same manner as genes TITL6i'l taxes T4 -3A;'6-4-5EB OF -4-5AT THE& againstaproptheerty respective CODE' 'OF ' 'iORD;- parcels, of property set NANCES OF.THE CITY .opposite the 'names of OF DUBUQUE; IOWA the owners. Title 6,4-3A of the This, notice given by Code of Ordinances direction- of the City; provides that garbage _ Council of the Cityof is considered a publicDubuque,low,a,as;pro- nuisance that requires vided, in,5ection 384.60 that such conditions be of the Code of Iowa. Pottered rd ie'—;Yei'ne- Js/Kevin S. Firnstahl, died. CMC City Clerk Title s6 4 5A -provides '^SCHEDULE OF;., that,the City shall have ,ASSESSMENTS the authority to correct DELINQUENT, a nuisance that is "pal- 'GARBAGE REMOVAL pably' and indisputably'7.:4,1';'.',151:;!:11:1- , ASSESSMENTS such," without ho tics. November 1,9, 2018 Title''6 4.51 provides Location/Legal De-'! that lethe6- ty Clerk shall scripton; - Owner; certify: 'such=cost fore Parcel Id #; Amount; the'abatementofsitua- 'Category tions where 'the- nui- 2410 Queen St., N sance Lot,39 Stafford's Add.;, is "palpably and indisputably such" to Ramirez, ;Erriiliano, 89' the Cou ty,,, ire urer :r1010-Iiiel3t4h ernAve.,Dubu- and it slj"Ifttle4bnsti- 'q52003;, 53011,"$129.00,tuts alit n againstsaid garage° property ani be. con 2284, Jackson St.; Let IeGsame mt0e0: ,,alth, arld m `the 1-621 L H iLangworthy's nneras genes- Add 2284-2286 Jackson; al taxes'on satd proper- ties Reiff, Albert ,°J` Etat; 860' the costs for •a' nu Green WI"53811; OFFICIAL NOTICE A. 13 2018 Rd Hazel 10Oa13459011wood 81.00• Bance that are palpa- $ bly acrd mdisput'abiy 81906 Ellis St.; N 1/2 of such," such as delin- Lot 44 Cox's/Ad`d„Jasre que'nt garbage collec- CLC,” 1560„Langenberg;, tion' charges;” shall' be Ave., Ave., `.City ; IA certified by the ';City 52240; , 1024180012; Clerk to the Dubuque $562724000;. 6700 garbage County 'Treasurer for -804 MerziSt.;' Cot 25 A collection with, and in,Stine's Sub;., Stowers,-', thb 'same manner as, Michael, Ray, &s.Lu-Ann •I general property taxes. l,, 2413 ;Central Ave., The persons listed on Dubuque IA 52001; the attached Garbage , .1d0133A0] L $206,p0; .I Assessment Schedule,, ,garbage 1 have 'unpaid , garbage 1358 Thomas PI , Ne assegsments' in the 1p 0f Lot 2'of B 0168 amount set out and Bald t;h'arnes are delm-' Lots 1 &.2 of B of 97 quen ' Oertiek Gregory, 1358 1 be paid nefu0 er n art Thomas Pl Dubuque it .P IA 52001; 1118302001;, without,` interest at the "$89 00; garbage II City, Treasurer's Office, 640 --Alta Vista St.; Lot City, Hall 50 `W:13th '38, Oxford Hgts. ,Lot, r Street, iDubuque,.lowa, `39 &,Lot 2-36 Oxford N,gts.; Engelken; Thom - at any, time=within, 30 I days after the date of as A 2022 Camelot Dr., the first publication of Allen TX 75013; the notice of the filing " 1025107013; $117.00, of the Schedule of As- garbage i sessments with [the' 1100 Lincoln Ave S 7:10 01 Lot 10 ,Lot 12 County Treasurer:• Af '''g, NW 44'11 ofe"l'0t.1,.. ter 30 days, unpaid as- . Wicks Add (& Portion sessments are payable of ,vac. Aliey Lying Be at the County Treasur- tween Lot 12-& E 7'10" er's_ Office, 'Dubuque, of.., Lot 10 Wicks; Add. County Courthouse, ,. Rettenmaier Properties,= 720 Central Avenue, Inc.'1398 CentralfAue, , Dubuque, Ipwa, and Dubuque IA' ' 52001; charges shall be `col 1115315006; lected in the same $90.00; manner as general garbage property taxes,against 750 Kirkwood St.; Lot' the respec sthegarcels I 4 Union . Avenue Sub: of .'the. property ,. set #2 Ber, 75 Bruce D & o forth on the attached Julie A., 750 Kirkwood Chavez vtctor.,,D. & schedule.;.. St, Dubuque IA 52001, J!mne, Lyrs&Teresa,. You are, hereby nptl- 1024158005; $320.0o; 3099 Brunskill 12d., fted that the City Gjerk garbage Dubuque ,IA 52001; bTb and ; is . City . Je r- I 933 White St N 1/2 of 1024183003; _$151.60; reea and direcbed to City Cot 330 Grtff,In, garbage • e certify, to. the,c ted to Mark .T.,. 2910 - Wiltl= ' 621 E 24th St., Lot 2-1 certify .-t ,Dubuque wood, Dr., Dubuque; IA & 2-2 Windsor Ave. 52b01," 1024478009; Sub.;'Scharff Holtlin s County ,-Iowa that the $115:00;"garbage. LLC, °1846 E,Quarr g persons named ,pn the Cuba CityY Rd., attached=,Garbage- As- 409 W. Locust Srgah'Y WI 53807; ,sessment,Schedul"e are 1.1 & 1-9A cost S .; garbag3028; +$75.00; delinquent in the pay- Sub 403-MariLacuL St.; , garbage Ment of garbage col Rubio. Maria ,L & .2x11/23 30 t McCraney's 1st Add • "