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Problem Property Assessment (Housing)Copyrighted May 17, 2021 City of Dubuque Consent Items # 21. City Council Meeting ITEM TITLE: Problem Property Assessment SUMMARY: City Manager recommending adoption of a 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. SUGGESTED DISPOSITION: ATTACHMENTS: Description RESOLUTION Authorizing the City to 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, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Problem Property Assessments-MVM Memo City Council Memo Type City Manager Memo Staff Memo Vacant and Abandoned Building and Problem Property Resolutions Resolution Vacant and Abandoned Building and Problem Property Supporting Documentation Notice Vacant and Abandoned Building and Problem Property Supporting Documentation Assessment List THE C DUUB-.-*.-TE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Problem Property Assessment DATE: May 12, 2021 Dubuque *Amrin Cia 2007-2012.2013 2017*2019 Housing and Community Development Director Alexis Steger recommends the City Council adopt a 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. I concur with the recommendation and respectfully request Mayor and City Council approval. I�Lvw �� Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis M. Steger, Housing and Community Development Director Dubuque THE CHousing and Community Development All-Ameriea Gip 12r g Y p DUj!B9aTE e11!I1r350 W. 6th Street, Suite 312 Dubuque, fA 52001 2001MasterpieceEon the Mississippi 20 13.201 7 OPPORTUNITY Office (563) 589-4231 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Department DATE: May 11, 2021 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 14-1J1 International 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. 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 I respectfully request 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. I further request 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 Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6th St., Suite 312, (563) 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131h St., Dubuque, IA 52001, (563) 589-4100 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 Code Official, 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 Code Official 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,• 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 17th day of May, 2021. Roy D Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 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. 14-1J1 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 April 5, 2021, 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 Housing and Community Development Department, 350 W 6th Street, Suite 312, Dubuque, Iowa, 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, Iowa, 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, 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. This notice given by direction of the City Council of the City of Dubuque, Iowa, as provided in Section 384.60 of the Code of Iowa. /s/Adrienne N. Breitfelder City Clerk Vacant or Abandoned Building Problem Property Assessments Location Owner Parcel # AMOUNT CATEGORY Pottebaum, Ricky & May, Liesl Dba R&L Construction LOT 11 - E.1/2 - CITY LOT 655 & LOT 2-1A 709 Garfield Ave 945 Bluff LORIMER SUB Dubuque IA 52001 1024457023 $995.00 PP TOTAL $995.00 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, 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: 05/21/2021 05/25/2021 06/01/2021 and for which the charge is 76.64 f Subscribed to b ore me, a Notary I lic in and for Dubuque County, Iowa, this 1st day of June, 2021 q4 �, , � K Po., i. , Nota P blic in and for Dubuque Co nty, Iowa. .•R �� JANET K. PAPE Commission Number 19,9669 w My Comm, Exp. DEC 11, 20:2,2 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE OF FILING OF DELINQUENT PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH 14-IJ1 INTERNATIONAL PROPERTY MAINTENANCE CODE SECTION 106.5 AND/OR 109.5 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. 144J1 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. 144J1 also provides that the City shall have the authority to correct a nuisance that is "palpably and indisputably such," without notice. 14-1J1 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 April 5, 2021, 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 Housing and Community Development Department, 350 W 6th Street, Suite 312, Dubuque, Iowa, 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, Iowa, 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, 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. This notice given by direction of the City Council of the City of Dubuque, Iowa, as provided in Section 384.60 of the Code of Iowa. /s/Trish L. Gleason Assistant City Clerk Schedule of Assessments Vacant or Abandoned Building Problem Property Assessments 945 Bluff; LOT 11 - E.1/2 - CITY LOT 655 & LOT 24A LORIMER SUB; Pottebaum, Ricky & May, Liesl; Dba R&L Construction 709 Garfield Ave Dubuque IA 52001; 1024457023; $995.00; PP 2t 5/25, 6/1