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Special Assessment_Julie LeClere, 2489 Hempstead StreetMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Special Assessment DATE: November 8, 2010 Dubuque bitri AY- AmedcacAy 2007 Public Health Specialist Mary Rose Corrigan recommends City Council approval of a levy of special assessments in the amount of $2,325 for non - payment of a Settlement Order against Julie LeClere, 2489 Hempstead Street. I concur with the recommendation and respectfully request Mayor and City Council approval. a el C. Va MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mary Rose Corrigan, RN, Public Health Specialist Mic Van Milligen Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: INTRODUCTION The enclosed material provides for the levy of special assessments for non - payment of a Settlement Order, Case No. 01311 CICVO, against Julie LeClere, 2489 Hempstead Street. DISCUSSION Michael C. Van Mil!igen, t i -M pager Mary Rose Corrigan i blic Health Specialist Special Assessment November 1, 2010 Dubuque AA- AmedcaCity 1 2007 The City of Dubuque agreed to a Settlement Order for $2350 to be paid by an agreed upon payment plan beginning May 1, 2008. Since that time, one $25 payment was received in August 2009, leaving a total due of $2325 due to the City. RECOMMENDATION I would recommend that the City Council approve the attached lien of $2325 on LeClere's property. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution establishing the lien. MRC/cj Attachment RESOLUTION NO. 441 -10 ADOPTING THE SCHEDULE OF SPECIAL ASSESSMENT FOR A LIEN AGAINST THE PROPERTY AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENT TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for non - payment of Court order payments assessments which Schedule of Assessments was filed in the office of the City Clerk on the 10 day of November, 2010, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Office, City Hall, 50 W. 13 Street, 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 opposite the name of the property owner. Passed, approved and adopted this 15 day of Nove , 2010 Jeanne F. Schneider, CMC City Clerk Roy r/ Buol, Mayor NOTICE OF FILING OF THE SCHEDULE OF SPECIAL ASSESSMENT FOR NON - PAYMENT OF COURT - ORDERED PAYMENT SCHEDULE TO THE PROPERTY OWNER OF THE PROPERTY SHOWN ON THE ATTACHED SCHEDULE OF ASSESSMENTS: You are hereby notified that the attached Schedule of Assessments has been adopted by the City Council of the City of Dubuque, Iowa, and that said Schedule of Assessments has been filed with the County Treasurer of Dubuque County, Iowa. YOU ARE FURTHER NOTIFIED THAT ASSESSMENT MAY BE PAID IN FULL OR IN PART WITHOUT INTEREST AT THE UTILITY BILLING OFFICE, 50 W. 13 STREET, DUBUQUE, IOWA, 52001, AT ANY TIME WITHIN 30 DAYS AFTER THE DATE OF THIS NOTICE. After 30 days, unpaid special assessment 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 opposite the name of the property owner. This Notice given by direction of the City Council of the City of Dubuque, Iowa, as provided in the Code of Iowa. Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA, Plaintiff, ) Case No. 01311 CICVO vs. SETTLEMENT ORDER JULIE LECLERE, Defendant. On this date, the Defendant appeared and admitted the violation. IT IS THEREFORE AGREED AND ORDERED THAT: 1. The defendant shall be limited to possessing five (5) dogs for a period of twelve (12) months. 2. The Defendant shall clean up the feces accumulations by May 1, 2008 and regular clean -up and disposal of feces shall occur from May 1, 2008 forward. 3. The Defendant shall pay the costs of kenneling the animals. a. Dubuque Humane Society: $985.00 i. Paid by the City of Dubuque ii. Defendant shall be reimburse the City of Dubuque. b. Eagle Bluff Kennels: $1,890.00 i. The Defendant shall pay $1,365.00 ii. The City of Dubuque shall pay $525.00 4. All dogs remaining in the Defendant's possession shall have the proper City of Dubuque licenses. Date Due Date Paid Amount ($25.00 minimum amount due) 5/1/2008 8/17/2009 $25.00 6/1/2008 7/1/2008 8/1/2008 9/1/2008 10/1/2008 11/1/2008 12/1/2008 1/1/2009 2/1/2009 3/1/2009 4/1/2009 5/1/2009 6/1/2009 7/1/2009 8/1/2009 9/1/2009 10/1/2009 11/1/2009 12/1/2009 1/1/2010 2/1/2010 3/1/2010 4/1/2010 5/1/2010 6/1/2010 7/1/2010 8/1/2010 9/1/2010 10/1/2010 11/1/2010 12/1/2010 1/1/2011 2/1/2011 3/1/2011 4/1/2011 5/1/2011 6/1/2011 7/1/2011 8/1/2011 9/1/2011 10/1/2011 11/1/2011 LeClere Pa Total owed is $2350 (balance due is tabulated below) This amt is minus City's share of $525. 12/1/2011 Total Paid $25.00 Balance $2,350.00 $2,325.00 LeClere Payments