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Vacant and Abandoned Buildings and Problem Property Assessments Copyrighted July 15, 2019 City of Dubuque Consent Items # 13. ITEM TITLE: VacantandAbandoned Buildingsand Problem Property Assessments SUMMARY: City Manager recommending approval of a resolution authorizing the City Clerk to certify problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION Authorizing the Cityto collect Delinquent Problem Property Charges in accordance with 14-1 J 1 International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Problem Property Assessment-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Notice to Property Owners Supporting Documentation Schedule ofAssessments Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Problem Property Assessment DATE: July 9, 2019 Housing and Community Development Director Alexis Steger recommends City Council approval of a resolution authorizing the City Clerk to certify problem property 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 Steger, Housing and Community Development Department Dubuque THE CITY OF � Housin and Communi Develo ment �II-Ameriea Ciky � g � p i�� �� r �� 3 50 W. 6th Street, Suite 312 UB E � I � Dubuque, IA 52001 Masterpiece on the Mississippi ���-��a� EQUALHOkJSING Office (563) 589-4231 ?013-�01? OPPORTUHITY DATE: J u ly 5, 2019 TO: Michael Van Milligen, City Manager FROM: Alexis Steger, Housing and Community Development Department SUBJECT: Problem property assessment INTRODUCTION The purpose of this memorandum is to request the City Council to adopt the attached resolution authorizing the City to certify problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. DISCUSSION 14-1 J 1 I nternational Property Maintenance Code Section 106.5 and/or Section 109.5 of the Code of Ordinances provides that problem properties are considered a substandard condition requiring abatement. 14-1J1 provides that the City may have the conditions abated and 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 problem property 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. The action step is for the City Council to adopt the attached resolution authorizing the City Clerk to certify the problem property 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. 257-19 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTENANCE CODE SECTION 106.5 AND/OR SECTION 109.5 CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA WHEREAS, residential properties in the City of Dubuque are considered hazardous or unsanitary premises if problem properties are allowed to deteriorate according to 14- 1J1; 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 problem property 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 Problem Property Assessment Schedule are delinquent in the payment of problem property 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 Problem Property Assessment Schedule are delinquent in the payment of problem property 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 15th day of July 2019. Attest: K'vin S. FirnstatiI, C ty Clerk Roy D Buol, Mayor NOTICE OF FILING OF DELINQUENT PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTENANCE CODE SECTION 106.5 AND/OR 109.5 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. 14-1J1 of the Code of Ordinances provides that vacant and abandoned buildings and problem properties are considered a substandard condition that requires that such conditions be ordered to be remedied. 14-1J1 also provides that the City shall have the authority to correct a nuisance that is "palpably and indisputably such," without notice. 14-1 J1 also 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 July 5, 2019, the costs for a nuisance that are "palpably and indisputably such," such as problem property 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 Problem Property Assessment schedule have unpaid problem property 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 Problem property Assessment schedule are delinquent in the payment of problem property 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 S Firnstahl City Clerk Problem Property Assessments Location Owner Parcel # AMOUNT CATEGORY Wilson Realty LLC 71 Ford Dr Relocation of tenants 1460 Central N 1/4 OF CITY LOT 443 East Dubuque IL 61025 1024408004 $772.89 from 1460 Central TOTAL $772.89 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: July 19 & 26, 2019, and for which the charge is $73.70 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, thist499 day of ,20/%. Notar blic in and for Dubuque • nty, Iowa. 01,1A MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb.1, 2020 CITY OF',DUBUQUE OFFICIAL NOTICE, NOTICE • OF FILING Ory DELINQUENT PRO BLEM z''= PROPERTY I CHARGESIN ACCOR DANCE WITH 14-111 INTERN'ATIO'NAL The assessments mayri be;paid in full or to part without interest pt the City Treasurers Office,; I City} Hall 50 W ' 13.t(7;.. Street Dubuot e, Iowa, , atany,time..Withip 30, dayjs after?the date, the, firstpubireation of, the' not!ce of;fthe fihng1' of,=the Schedule ,of 4s sessmepts witht tthe;., County 'treasurer At-,, ter'30 days,•unpaid asl sessmeTrts are payable " at_tli CountyiTreesur; ers; offic,Dubuque• County;ecoprtho,use, t. 720 f Cehtral , AVenue, j Dubuqu' e Iowa rid a;; ch`aiges sha(i be col; lecled '1? ,the }sable 1 marlper� asf,rgelleral, prope.ty.taxes against PROPER1Y �;MAINTE- NANCE 2CODE "SEC-, TION 40ti 5, ANDOR, 109 5 Ot' THE CODE OF ORDINANCES :OF, • THE CITY OFC DUBU•,, QUE,IOWA 14 1?1, of the Code of i Ordihances a provj�es that vacapt an�.abb�anr i ddnetl'tuiltlings pro blern„properties;,are considered a substan JJ da`rd cond`trorj that're '1 quires tlia1 such condi 1 tions.pe ordered .to;6d remedleq,,! 14 1Jt IalsoI • provided tot the':pity I shall haves. the autlord ty to correct a nul sa�ice `that is palpably and in`putably sjdh, ti without notice 14-111. also provides that ;tie City Clerk shall certify such cost rfor� the abatement , of situs tions Wheret the nus sande is palpably and indisputably such :to the Comity Treasurer and it shall;then copstl tute a hen. agamstisaid property 'and be, col lected wiflf and' m'the same manneras genet t al taxes 'on said•;proper t�qs of . ql' 5, 2019 ttlle costs far': a {nlaisapce, that are palpably,and aalsputabiy such such• problem `'pop,erty charges, shahs be certi fie f by tbe,C ty Clerk fo the o Dub�ugger,Coufty Treasurer for collept)on with, and,jn `the same I manner':,as geheraj' property taxes t3 . The persons listed.on the attached s i'roblem Property, Assessment il schedule :have unpaid s proGlelh, the' r charges in the amolarlt set out and "said charges ' ares„ delis quept„i- the respective pa-rcelsl�; of I, the property , set, fora loh ithe attached You are h reb9, pots- fled 4tllat tjre;City)Clerl be`andis hereby o'r tiered and# directed�toa' certify) to,,the oallnty' Cou Treasuntyrer ofr;Dubuque Iowa that tfe, he personsd n;A amed 'ofr tile attaos toble!r property fissats5rt2ar'f91 schetlule e are; delih quest iq�the payhient,.4 of;-priblenT'u propert4 charge` in the anlor{li't set aside of they Jespec= ;i said amounts shall bej collect d iri,the same,.i manri& `' as general;: property;taxes against the;respecti�e,parcels of'.property:set oppo-;, site t(ie narrieslQfkthe� ` owners , �u Tbis nonce,given by.` difRA!,orh of;, tfie i City Council, of thet City 6f' Dubuque „Iowa;as prg. videdrlr SeetIpp 384 6,q, of thhe Codeof Iowa k vAi:SCity0Clerk SCHEDULE OF "ASSESSIvIENTS� , �' Vacant and -`Abs doried`and Problem Propert tive games and that Assessl�ens .1I Locatront•:.140615.06'" seriptron, ; Property(,, OWnei,W Parcel Amount r'.0 c. ;: ` 1460 Central N 1/4 of City Lot 443;'Wilson Re I alty LLC, 7i' East Dubuque IL 61025; 11024408004;$772 89 12t 7/19, 26