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Nuisance Garbage Collection Charges (Housing Department) Copyrighted November4, 2019 City of Dubuque Consent Items # 11. ITEM TITLE: Nuisance 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 and Title 6-4-5B of the Code of Ordinances of the City of Dubuque, lowa SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type Garbage Collection Assessments-MVM Memo City Manager Memo Staff Memo Staff Memo Garbage Resolution Staff Memo Garbage Notice Staff Memo 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: Garbage Collection Assessments DATE: October 29, 2019 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. v 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 Director • • uuue ousln an ommunl eve o men �r�������� . . . - - en a lcensln an ns ec lon ro ram All-America Cit y NATIONAL CIVIC LEAGUE � � • ' O ' , , , , , 2007*2012*2013 E����F��I��II�� � ����F����11�`� - . . . . . . � . . . . . . � . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . _ _ . . . . . . . . _ _ _ _ . . . . . . . . . . . . . . . . . . . . . . . . . > > � . . . . . . . . . . . . . . � . . . � Service Peo le Inte it Res onsibilit Innovation Teamwork p �' Y p Y RESOLUTION NO. 385-19 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 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 4th day of November 2019. Attest: Ke n S. Firnstahl, ity Clerk /71) 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 April 15, 2019, 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 Brp Properties LLC 8505 Southern Hills CT 515 Pickett N 30' LOT 39 STAFFORDS ADD Dubuque IA 52003 1024332023 $345.00 garbage Mid-America Property Management LLC E 90' OF S 28' OF E 170' OF LOT 359 DAVIS PO Box 1572 2759 Jackson FARM ADD Dubuque IA 52004-1572 1013162009 $85.00 garbage High Performance Properties LLC 8505 Southern Hills CT 1439 Bluff LOT 2-1 OF CITY LOT 667 Dubuque IA 52003 1024338010 $124.00 garbage Nottingham Properties LLC 485 Locust St 375 Nevada LOT 11 T S NAIRNS DUBUQUE Dubuque IA 52001 1026279019 $156.35 garbage p nves men s 8505 Southern Hills CT 640 Arlington LOT 1 MCDANIEL'S SUB PLAT 3 (units 1 &2) Dubuque IA 52003 1024378032 $100.00 garbage Zodiac Properties LLC 3060 Pennsylvania Ave 744 Nevada LOT 1-13 BRADSTREETS DUB Dubuque IA 52001 1025105011 $90.00 garbage Brp Properties LLC N 42'9"-N85 1/2' OF LOT 1 &N 42'9"-N 85 1/2' 8505 Southern Hills CT 1492 Cornell OF LOT 2 MORGANS SUB Dubuque IA 52003 1024334001 $136.90 garbage TOTAL $1,037.25 1 STATE OF IOWA DUBUQUE COUNTY CERTIFICATION OF PUBLICATION {SS: 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 Iowc ° hereby certify that the attached notice was published 1 said newspaper on the following dates: November 8 & 15, 2019, and for which the charge is $92.90 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this r-)() day of S- _ 20 (C. Notary Publ' n and for Dubuque County, Iowa. JANET K. PAPE ornmisslcsn Number 199659 y Comm, Exp. DEC 11, 201 nuisance that requires. aaarcecs of.prop rt-ytset" that such conditions be p r alS; the names of ordered to be remeodvrdes the owners.' Title :6.4-5A p that the City shall `hav{ direction otoT theenCpY the a <• I Co of the a nuisance Iowa, as pr -.. such, an indisputably such," Withoutanoticeu � d he � Section, lowa4• uthority to correct City".of that is• pa- 0 pablYd Dubuque,* 60 • Title; 6-4-56 provides of that the City Clerk shall /s/Ke CMC City Clerk I certify such " cost; .for SCHEDULE OF the abatement.of situa ASSESSMiENTS= tions , where i avid DELINQUENT - indisputably "palpably -NUISANCE GARBAGE lsuch" oto COLLECTION ! • the County Tm i CNARG'ES`... and it shall themconstLocation; Owner, tute a y, and.; be, said. parcel#; Amount; property, and ; be col-' Category lected with and in the X15 PickettSt•„iN 30! sakesep!iid, as general. Lot'39, StaffOTdsr. A t As Of:Aprpr15, 2019, BRP Pr.'operties;',-LLC; 'the costsr, for a nub 8505 Southern Flrlls)Ct' sance that are palpa-, 1024332023;ubuquIA $3 5 03 bly_ and indisputably;; such tTltr gas delrn,, g2ltaDJac s iiSi ; E 90' quent garbage .collet= 27 28' of E 170 +of, Lot tion charges, shall ae 359: Davis" Farm Add; certified ,th,e- the • City} Mid�Arrrerida ;Property, Ma Clerk to the? Dubuquz. nagement; LLC, P0`I, County," Treasurer' for' 1i0 1572; Dubuque IA collection with; .endin,, ox'11013162014 the.; same manner ,as,,,.52004-1572;854garbage;01 09; general property taxes: $ 5.00 gl2=1 The -persons listed,oh- of-City9 Bluff St.; Lot High the attached Garbage Performance Proper •Assessment : "Schedule ties,ef ormance " roper- asse, unpaid' garbage ern -Hills Ct., Dubuque~ assessments in z.the. IA'=52003;t 1024338010;-; amount --set . out,^and ; 2 3 s s said=charges are:delin , $124.00;.g 375, -Nevada St.; Lot 11 quest T YS,; Nairns ,Dubuque, ' beThe idil umerimpar Nottingham'Properties,i without paid unfurl orimpart LLC;'485;'Locust St.,° Craswithout"interest at the Dubuque 'IA ,52001 City Hity Ta, 50r's.Office,- 1026279019; $156.35; Hallll,`. 50 W:. ^13th - Street, Dubuque, lowa„ garbage " 640. Arlington St. =Lot at'any time. within' 30 1 McDaniel's Sub'Plat 3 dayseaftersthe,date of (units 1' & 2);.HP In- the notice publication,. oftheUn vestments,' LLC; 8505 the"of the} f filing Southern Hills ..Ct., of sessrne is With of As, Dubuque IA'' 52003; sessments With the' 102437,8032;,' .:$100.00; County Treasurer:: Af-rb' ter. 30 days,•unpaid as -garbage,' Nevada. St; Lot3 sessments are payable. 13 Bradstreets Sub; Zo-' at. the County Treasudiac •Properties LLC; er'S Office, Dubuque ,3060;Pennsylvania Ave., County Courthouse, Dubuque" IA. 52001; cuauque, 720 gUeral :a, and ,1025105011- • . $90.00;' 'i Iowan charges; shall be `col- garbage1492 ,Cornell .St:;N mated" in the same 429"-N85 1/2'of Lot 1 I manner a general prop- &" N 42'9"-N 85,X1/2' of res eaxve against the Lot' 2 Morgans i Sub.;; respective ; parcels', forth of BRP, ,Properties, LLC; i the propache set forth on the attached schedule. 8.505 Southern'HiI520 3, I You,, are hereby nob- Dubuque' IA' 52003;` fled that the City Clerk ,1024334001; $136. be and is hereby br- garbage _-- dered and directed to : 2t 11/8,15 CITY OF DUBUQUE certify to the; County OFFICIAL NOTICE " Treasurero f Nub ghe;l ue NOTICE OF FILING County, , that the I OF DELINQUENT GAR- persons nam, RAGE COLLECTION attached Garbage. As CHARGES IN ACCOR1" - -sessment Schedule are DANCE WITH TITLE 6 delinquent in the pay - 4 -34; TITLE 6-4-5A & ment of garbage col TITLE 6-4-58 OF THE lection charges in the CODE OF ORDINANCES amount set aside of tOF and E CITY :OF respective names, • DUBUQTHUE, IOWA•; that said amounts shall Title i`6 -4-3A of the be collected in the es mianner'as Neuer is considered a public Code of Ordinanc same taxes provides that garbage ai` property