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Grass and Weed Cutting and Garbage Collection AssessmentsCity of Dubuque City Council Meeting Consent Items # 13. Copyrighted August 2, 2021 ITEM TITLE: Grass and Weed Cutting and Garbage Collection Assessments SUMMARY: City Manager recommending adoption of a resolution authorizing the City Clerk to certify grass and weed cutting and 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 grass and weed cutting and garbage collection charges in accordance with Title 6- 4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, I owa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Grass and Weed Cutting and Garbage Collection Assessments-MVM Memo City Council Memo Grass, weeds and garbage resolution Grass, weeds and garbage notice Grass, weeds and garbage assessment list City Manager Memo Staff Memo Staff Memo Staff Memo Supporting Documentation THE C DUUB-.-*.-TE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Grass and Weed Cutting and Garbage Collection Assessments DATE: July 26, 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 Clerk to certify grass and weed cutting and 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. 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 CITY OF All Ameriea Gip DUB TE ` 11 „I 1, 12r QUALHOUSING Masterpiece on the Mississippi 2001E rP pp ao13.2a•zo>7 OPPORTUNITY TO: Michael C Van Milligen, City Manager Housing and Community Development 350 W. 6th Street, Suite 312 Dubuque, 1A 52001 Office (563) 589-4231 FROM: Alexis M Steger, Housing and Community Development Director DATE: July 21, 2021 SUBJECT: Grass and weed cutting and garbage collection assessments INTRODUCTION The purpose of this memorandum is to request City Council to adopt the attached resolution authorizing the City to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. INTRODUCTION Title 6-4-3A of the Code of Ordinances provides that overgrown weeds and grass and garbage are considered a substandard condition requiring abatement. Title 6-8-2 provides that the City may have the conditions abated and 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 It is recommended that the grass and weed cutting and garbage collection 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 grass and weed cutting and 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 Prepared by Alexis Steger. Housing & Community Devel., 350 W. 60 St Suite 312 (563) 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13t1 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 266-21 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4- 3A and TITLE 6-8-2 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 grass and weed cutting and 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 I. That the persons listed on the attached Grass/Weed/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 Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and 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 2nd day of August, 2021. L Roy D Buol Mayor Attest: Adrienne N. Breitfelder City Clerk NOTICE OF FILING OF DELINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A; TITLE 6-4-5A & TITLE 6-4-513 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 6-8-2 provides that the City shall have the authority to correct a nuisance that is "palpably and indisputably such," without notice and 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 June 30, 2021, the costs for a nuisance that are "palpably and indisputably such," such as delinquent grass and weed cutting and 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 Grass/Weed/Garbage Assessment Schedule have unpaid grass and weed cutting or garbage 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 61h 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 Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and 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, Iowa, as provided in Section 384.60 of the Code of Iowa. Adrienne N. Breitfelder City Clerk Grass/Weed/Garbage Assessments Location Owner Parcel # AMOUNT CATEGORY Behning, Karl L LOT 2-1 CITY LOT 569 & LOT 2-1 CITY LOT 309 Jones St 309 Jones 570 Dubuque IA 52001 1025285007 $234.60 garbage Mcmahon Real Estate Rentals LLC 2380 Samantha Dr 2940 Central S 1/2 OF W 170' OF 301 DAVIS FARM ADD Dubuque IA 52002 1013152009 $125.55 garbage Bettcher Properties LLC 511 Washington St 920 Center PI LOT 2 MCKAY PLACE Epworth IA 52045 1025103004 $275.88 garbage Brown, Phillip M & Diane M 1765 White St 1765 White LOT 1-2 OF NM 1/5 OF CITY LOT 435 Dubuque IA 52001 1024261011 $197.83 garbage All Around Rentals LLC 1210 MT Loretta Ave 1789 Universrity LOT 1-5-1 & 2-2 TSCHIRGI & SCHWIND'S SU Dubuque IA 52003 1026208011 $138.55 garbage Olson, Steven D N 56 1 /2'-W 1/2-LOT 23A L H 2330 White St 2330 White LANGWORHTY'S ADD Dubuque IA 52001 1013384004 $172.83 garbage TOTAL $1,145.24 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: 08/06/2021 08/13/2021 and for which the charge is 100.25 Subscribed to before me, a Notary Pu 'c in and for Dubuque County, Iowa, this 16th day of August, 2021 Notary blic in and for Dubuque County, Iowa. "t SN.ARQN WEUORN CCVAMW = kmbw 8274U :,, My Cou m Exp. NOY 10, 2E23 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE OF FILING OF DELINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 64-3A; 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 6-8-2 provides that the City shall have the authority to correct a nuisance that is "palpably and indisputably such", without notice and 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 June 30, 2021, the costs for a nuisance that are "palpably and indisputably such," such as delinquent grass and weed cutting and 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 Grass/Weed/Garbage Assessment Schedule have unpaid grass and weed cutting or garbage 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 Develop-ment 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 Treasurers 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 Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and 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, Iowa, as provided in Section 384.60 of the Code of Iowa. /s/Adrienne N. Breitfelder, City Clerk Schedule of Assessments Delinquent Grass and Weed Cutting and Garbage Removal Accounts Location; Owner; Parcel #; Amount; Category 309 Jones St., Lot 2-1 City Lot 569 & Lot 2-1 City Lot 570; Behning, Karl L, 309 Jones St. Dubuque IA 52001; 1025285007; $234.60;garbage 2940 Central Ave., S 1/2 Of W 170' Of 301 Davis Farm Add; Mcmahon Real Estate Rentals LLC, 2380 Samantha Dr Dubuque IA 52002; 1013152009; $125.55; garbage 920 Center Pl., Lot 2 Mckay Place; Bettcher Properties LLC, 511 Washington St. Epworth IA 52045; 1025103004; $275.88; garbage 1765 White St., Lot 1-2 Of NM 1/5 Of City Lot 435; Brown, Phillip M & Diane M, 1765 White St. Dubuque IA 52001; 1024261011; $197.83; garbage 1789 University Ave., Lot 1-5-1 & 2-2 Tschirgi & Schwind's Sub; All Around Rentals LLC, 1210 MT Loretta Ave. Dubuque IA 52003; 1026208011; $138.55; garbage 2330 White St., N 56 1/2'-W 1/2-Lot 23a L H Langworhty's Add; Olson, Steven D, 2330 White St. Dubuque IA 52001; 1013384004;$172.83; garbage 2t 8/6, 8/13