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