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Vacant and Abandoned Building and Problem Property Assessments 7 18 11Masterpiece on the Mississippi Dubuque kritti NI- AmedcaCity 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Vacant and Abandoned Building and Problem Property Assessments DATE: July 12, 2011 I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director Housing and Community Development Department Director David Harris is recommending authorizing the City Clerk to certify vacant and abandoned building and problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Masterpiece on the Mississippi DATE: TO: FROM: SUBJECT: INTRODUCTION DISCUSSION RECOMMENDATION ACTION STEP July 7, 2011 Micha I an Milligen, City Manager David Wris, Housing and Community Development Department Vacant and abandoned building and problem property assessments cc: Barry Lindahl, City Attorney Dubuque kitd Af-AmaricaCity 2007 The purpose of this memorandum is to request the City Council to adopt the attached resolution authorizing the City to certify vacant and abandoned building and problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Title 6 -6 -3B1 h of the Code of Ordinances provides that vacant and abandoned buildings and problem properties are considered a substandard condition requiring abatement. Title 6 -6 -4B3 provides that the City may have the conditions abated and Title 6 -6 -6B 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 taxes on said properties. It is recommended that the vacant and abandoned building and 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. The action step is for the City Council to adopt the attached resolution authorizing the City Clerk to certify the vacant and abandoned building and problem property charges to the Dubuque County Treasurer. NOTICE OF FILING OF DELINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 66 -3B1h AND TITLE 6-6-4B3 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. Title 6- 6 -3B1h of the Code of Ordinances provides that vacant and abandoned build- ings and problem properties are consi- dered a substandard condition that requires that such conditions be ordered to be remedied. Title 6 -4B3 provides that the City shall have the authority to correct a nuisance that is "palpably and indisput- ably such," without notice. Title 6 -6B 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 8, 2011, the costs for a nuisance that are "palpably and indisputably such," such as vacant and abandoned building and 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 herein- after named, owning the following described property, have unpaid vacant and abandoned building and problem property charges in the amount set out and said charges are delinquent. NAME AND ADDRESS, PROPERTY DESCRIP- TION, AMOUNT Jentz, Janis E, 1610 Jackson Street, Dubuque IA 52001, 10- 24 -268 -021 S 18'3" OF LOT 82 EAST DUBUQUE ADD, $170.00; Siefker, Dan A/K/A Siefker,' Daniel J, 1838 Central' Ave, Dubuque IA 52001 10-24-256-005 S 26' - M 1/5 : CITY LOT 436, $263.80; Conley, Antonio G, 2512 Broadway Street,' Dubuque IA 52001, 10 13- 431 -012 LOT 1 -1 -37 ALTHAUSERS SUB, $285.00; Brp Properties) LLC, '8505 Southern, Hills Court, Dubuque IA 52003, 10-23-329-019 LOT 1 -1 -2 -1 SMYTHS SUB, $292.12; Cunning- ham, Sandra J, 175 West 17th Street, Dubuque IA 52001, 10- 24- 260 -011 LOT 1 -2 OF I CITY LOT 674, $1,004.44 You are hereby 1 notified that the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque I` County, Iowa, that the persons named herein - before are delinquent in the payment of vacant and abandoned building and 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 apposite the names of the owners. This notice given by direction, of _the City Cougcil of the City of Dubuque; Iowa, as provided - in ^ Section 384.60 of the Code of Iowa /s /Kevin 5 Firnstahl Acting City Clerk 2t 7/21, 28 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION 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 Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 21 & 28, 2011, and for which the charge is $62.97. «/ji! Ail /121. 7724 Subscribed to before me Notary Public in and for Dubuque County, Iowa, this day of , 20// - Notary Public in and for Dubuque County, Iowa. MARY K WESTERME Commission Number 154 FED RESOLUTION NO. 219 -11 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6 -6 -3B1 h; TITLE 6 -6 -4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA WHEREAS, residential properties in the City of Dubuque are considered hazardous or unsanitary premises if vacant and abandoned buildings and problem properties are allowed to deteriorate according to 6 -6 -3B1 h; 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 vacant and abandoned building and 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, IOWA: Section I. That the persons hereinafter, owning the properties thereby set forth, are delinquent in the payment of vacant and abandoned building and problem property charges: NAME AND ADDRESS Jentz, Janis E 1610 Jackson Street Dubuque IA 52001 Brp Properties LLC 8505 Southern Hills Court Dubuque IA 52003 Cunningham, Sandra J 175 West 17th Street Dubuque IA 52001 PROPERTY DESCRIPTION AMOUNT 10 -24- 268 -021 $170.00 S 18'3" OF LOT 82 EAST DUBUQUE ADD Siefker, Dan A/K/A Siefker, 10 -24- 256 -005 $263.80 Daniel J S 26' - M 1/5 - CITY LOT 436 1838 Central Ave Dubuque IA 52001 Conley, Antonio G 10 -13- 431 -012 $285.00 2512 Broadway Street LOT 1 -1 -37 ALTHAUSERS SUB Dubuque IA 52001 10 -23- 329 -019 $292.12 LOT 1 -1 -2 -1 SMYTHS SUB 10 -24- 260 -011 $1,004.44 LOT 1 -2 OF CITY LOT 674 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 hereinbefore are delinquent in the payment of vacant and abandoned building and 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 18 tttlay of Attest: Kevin S. Firnsta Acting City Clerk July Roy D. Buol Mayor Janis Jentz Owner of 1603 Washington Repaired Broken window in January and Secured Broken window in March Total Due - $170 Daniel Siefker Owner of 1838 Central Avenue Relocation of tenants due to no water service in December Total Due - $263.80 Antonio Conley Owner of 1104 Riverview Secure all windows and doors in January Total Due - $285.00 BRP Properties Owner of 1897 Clarke Drive Relocation of tenant after fire in April due to no electrical service Total Due - $292.12 Sandra Cunningham Owner of 175 W 17 Street Relocation of tenants in May due to landlord not paying electric bill Total Due - $1004.44 NOTICE OF FILING OF DELINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3B1h AND TITLE 6- 6-4B3 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. Title 6 -6 -3B1 h 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. Title 6 -4B3 provides that the City shall have the authority to correct a nuisance that is "palpably and indisputably such," without notice. Title 6 -6B 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 8, 2011, the costs for a nuisance that are "palpably and indisputably such," such as vacant and abandoned building and 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 hereinafter named, owning the following described property, have unpaid vacant and abandoned building and problem property charges in the amount set out and said charges are delinquent. NAME AND ADDRESS Jentz, Janis E 1610 Jackson Street Dubuque IA 52001 Siefker, Dan A/K/A Siefker, Daniel J 1838 Central Ave Dubuque IA 52001 Conley, Antonio G 10 -13- 431 -012 $285.00 2512 Broadway Street LOT 1 -1 -37 ALTHAUSERS SUB Dubuque IA 52001 Brp Properties LLC 8505 Southern Hills Court Dubuque IA 52003 Cunningham, Sandra J 175 West 17th Street Dubuque IA 52001 PROPERTY DESCRIPTION AMOUNT 10 -24- 268 -021 $170.00 S 18'3" OF LOT 82 EAST DUBUQUE ADD 10 -24- 256 -005 $263.80 S 26' - M 1/5 - CITY LOT 436 10 -23- 329 -019 $292.12 LOT 1 -1 -2 -1 SMYTHS SUB 10 -24- 260 -011 $1,004.44 LOT 1 -2 OF CITY LOT 674 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 hereinbefore are delinquent in the payment of vacant and abandoned building and problem property charges in 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 /Kevin S Firnstahl Acting City Clerk