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Special Assessment_1906 Catherine Street, Tammy ParkerMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Special Assessment DATE: September 23, 2011 Dubuque A I- AmencaCily t , 2007 Public Health Specialist Mary Rose Corrigan recommends City Council approval to establish a lien in the amount of $2,873.61 against Tammy Parker, 1906 Catherine Street for non - payment of a Settlement Order. I concur with the recommendation and respectfully request Mayor and City Council approval. Mich eI C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Mary Rose Corrigan, RN, Public Health Specialist Masterpiece on the Mississippi TO: Michael C. Van Millig `City Manager FROM: Mary Rose Corrigan, `Public Health Specialist SUBJECT: Special Assessment DATE: September 22, 2011 INTRODUCTION Dubuque head All4medcacfty 2007 The enclosed material provides for the levy of special assessments for non - payment of a Settlement Order, Case No. 01311 DUCICVO 69395, against Tammy Parker, 1906 Catherine Street. DISCUSSION The City of Dubuque agreed to a Settlement Order for $2873.61 to be paid by an agreed upon payment plan beginning February 15, 2011. The order is from costs related to removing twenty -five (25) dogs from Ms. Parker's residence, their veterinarian care and other staff - related expenses (see attached itemized expense sheet). The amount was to be paid to the City per court order. Since that time, no payments have been received. RECOMMENDATION I would recommend that the City Council approve the attached lien of $2873.61 on Parker's property. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution establishing the lien. MRC/cj Attachment 1/14/11 1 day = $8, $8.00: Daisy - Boarding - Eagle Bluff., 12/30 -10- 1/12/11 = 13 days @ $8, $104.00; Spay, $15,00; Pain Meds - Riinadyl, $7.50; Flea treatment - Closter, -- $6.25; Boarding - After surgery at Eagle Bluff 1/13/11 -' 1/,14/11 = 1 day = $848.00. Diva - Boarding • Humane SPECIAL $64:00' FOR ' /aeeinat on ASSESSMENT BO' 1 ®-J- kima ne gpiety, $15.00; - Board - NONrPAYMENT OF ing - :Eagle Bluff 1/6/11 - COURT- ORDERED 1/12/11= 6 days ® $8, PAYMENT SCl<IEDULE $48.00- Spay, $135.00; NOTICE TO Paih'Meds - Rimadyl 'PROPERTY OWNER $7.50; Rabies, $17.00; TAMARA !ptAIRKER, Boarding - After 1906 CATHERINE surgery at Eagle Bluff STREET, LOT 19 1/13/11- ,1/14/11 = 1 QUIGLEY'S spiv OF day $8,' $8.00. 710, ' `PARCEL Vairderloo & White - #1024159023;• Worm treatment - You are hereby Panacure, $100.50; notified that the Intestinal parasite I attached Schedule of Exams Fecals, $416.50. Assessments has been Humane Society - Flea Council by. he City City PlusTreatment 1 ottle Ovitrol Dubuque, Iowa, and $10.00. Neumesiter's, that said Schedule of sick dog - Black-Beauty Assessments has been - details on bill, filed with the County $732.25. Mileage Trans - Treasurer of Dubuque portation @ .51/mi - County, Iowa. ' Took 5 dogs from Eagle I YOU ARE FURTHER Bluff to Tri Vet on Jan NOTIFIED THAT 12th 2011., $9.38; ASSESSMENT, MAY Picked up 4 dogs from BE' PAID' IN' FULL OR Tri Vet, took to Eagle III ' ART WITHOUT Bluff on Jan 13th 2011, INTEREST AT" THE $9.38; Picked up 4dogs UTILITY' BILLING from Eagle ' Bluff took OFFICE,. 50 YNr: 13TH to Parker's residence SHEET DUBUQUE; Jan - 14th. 2011,;' $836; 1011 A 52004, AT ANY Picked-. up 1 dog, Coy, TIME WITHIN 30 from Tri Vet took to DAYS • AFTER • THE Parker's-residence Jan OF THIS 14th 2011,,$10,65, Staff NOTICE. Time $22.43%hr - - After 30 days, unpaid 1/,12/2011. ' - 15 hrs., special assessment are $33.64; 1/13/11 - 1.5 payable at the County hrs:333.64; 1/14/11- 1 ' Treasurer's Office, hr., $22.43; 1/14/11 - Dubuque County Court- 1:5 hrs, $33.64. house, 720 Central ':$2,i73.61 ' Avenue, Dubuijue; SUMMARY, TOTAL Iowa, arid charges shell ,.AMOUNTS be cdllbo ed in the Eagle Bluff,, $496.00; saute roamer as , Neun ister$732',25; Tri gerieral;prepelty axes 'Vet, q:;,$ 85844; H5, agains the 'respective $109:00, ^ V' &' W, parcels of the property. 91517,00; Mileage, set opposite the name $37.77; ' Staff time, of the propeerty owner. • $12335;, TOTAL to be This Notice given, by paid' by owner, direction p , the, City'' °$2873.61;;. Council of the City of 2t 10/6, 13, DubagWe. Iowa, . as — provllldied iB the Code of I lou r/ ;1 -2 " Ileviii.,hostahl I City Clerk Dog's Name, item- I tied Accounting, Amount Coy - .Boarding= Eagle Bluff '1200=104/12 /11 = 13'days @•$8 $104.,00; Boarding - Tri Vet 1/12/11, 1/14/11 = 2 days 'No I Charge, $0 Sok meds $8.001 Sick meds - Metroclo- pramide; $10.00; Sick meds Sucralfate tabs, $10.88; "Parvo'' test, •,$25.11; Mass removai: 1 $4050; Spay , $135.00; Rabies, ;, $27.00; Pain Meds`- Rimadyk $7.50. Dacha h , Boasding Eagle 17/30 -10- 4/]9/11 13 Tai s ® $8, $104.00; Spay, $135.00; Pain Meds - Rimadyl, $7.50; Rabies, $17.00; Boarding- After surgery "at, Eagle Bluff. 1/13/11= ;'9,/14%11_ = 1 day 0$8,, ^$8.40. Pee Pee - Boardt '. - Eagle Bluff 12430,;, ;A f2/1.1' 13 dap $8' SI b4 0F^ 1. $170:00,` 'Pafrr "'Meds Rimadyl*,, '$10:00; Rabi $17.00•'. Board i r ].f13/1'i' 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: October 06 & 13, 2011, and for which the charge is $81.49. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /10 day of 20 // Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEY' Commission Number 154, RESOLUTION NO. 332 -11 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 09 -29 -11 , the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is hereby 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. 13th 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 2011. Attest: ASIMAvik Ke n Firnstahl City Clerk 3rd day • October Roy i/ Buol, Mayor NOTICE OF FILING OF THE SCHEDULE OF SPECIAL ASSESSMENT FOR NON-PAYMENT OF COURT-ORDERED PAYMENT SCHEDULE NOTICE TO PROPERTY OWNER TAMARA PARKER, 1906 CATHERINE STREET, LOT 19 QUIGLEY’S SUB OF 710, PARCEL #1024159023 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 TH 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. Kevin Firnstahl City Clerk 2 t 10/6, 13 ITEMIZED Dog's Name Coy - Dasha - Pee Pee- Daisy- Diva - EXPENSES: Vanderloo & White Humane Society Neumesiter's Mileage Transportation @ .51/mi Staff Time $22.43/hr Itemized Accounting Boarding - Eagle Bluff 12/30-10-1/12/11 = 13 days @ $8 Boarding - Tri Vet 1/12/11 - 1/14/11 = 2 days - No Charge Sick meds - Ditrim Sick meds - Metroclopramide Sick meds - Sucralfate tabs Parvo test Mass removal Spay Rabies Pain Meds - Rimadyl Boarding - Eagle Bluff 12/30 -10- 1/12/11 = 13 days @ $8 Spay Pain Meds - Rimadyl Rabies Boarding - After surgery at Eagle Bluff 1/13/11- 1/14/11 = 1 day @ $8 Boarding - Eagle Bluff 12/30-10-1/12/11 = 13 days @ $8 Neuter Pain Meds - Rimadyl Rabies Boarding - After surgery at Eagle Bluff 1/13/11- 1/14/11 = 1 day = $8 Boarding - Eagle Bluff 12/30-10-1/12/11 = 13 days @ $8 Spay - Pain Meds - Rimadyl Flea treatment - Capstar Boarding - After surgery at Eagle Bluff 1/13/11- 1/14/11 = 1 day = $8 Boarding - Humane Society 12/30/10 - 1/6/11 = 7 days @ $12 Vaccination - Bordatella @ Humane Society Boarding - Eagle Bluff 1/6/11 - 1/12/11 = 6 days @ $8 Spay Pain Meds - Rimadyl Rabies Boarding - After surgery at Eagle Bluff 1/13/11 - 1/14/11 = 1 day = $8 Worm treatment - Panacure Intestinal parasite Exams Fecals Flea Treatment - Ovitrol Plus -1 bottle @ $10 sick dog - Black Beauty - details on bill Took 5 dogs from Eagle Bluff to Tri Vet on Jan 12th 2011. Picked up 4 dogs from Tri Vet, took to Eagle Bluff on Jan 13th 2011. Picked up 4 dogs from Eagle Bluff took to Parker's residence Jan 14th 2011. Picked up 1 dog, Coy, from Tri Vet took to Parker's residence Jan 14th 2011. 1/12/2011- 1.5 hrs. 1/13/11- 1.5 hrs. 1/14/11- 1 hr 1/14/11- 1.5 hrs See other side for summary /bill total Amount $104.00 $0.00 $8.00 $10.00 $10.88 $25.11 $40.00 $135.00 $17.00 $7.50 $104.00 $135.00 $7.50 $17.00 $8.00 $104.00 $110.00 $10.00 $17.00 $8.00 $104.00 $135.00 $7.50 $6.25 $8.00 $84.00 $15.00 $48.00 $135.00 $7.50 $17.00 $8.00 $100.50 $416.50 $10.00 $732.25 $9.38 $9.38 $8.36 $10.65 $33.64 $33.64 $22.43 $33.64 $2,873.61 SUMMARY TOTAL AMOUNTS Eagle Bluff $496.00 Neumeister $732.25 Tri Vet $858.24 HS $109.00 V & W $517.00 Mileage $37.77 Staff time $123.35 TOTAL to be paid by owner $2,873.61 si,Jan. 7. 2011 ,10:37AM,3— see -1sel KINTZING8R LAW FIRM No. 31038 PAP. • IN THE OSTR1CT COURT OF IOWA, IN AND FOR DUBUQUE COUNTY CITY OF DUBU;I,iUE, IOWA, Pialntiff, vs. TAMARA PARKER Defendant, Case No. 01 31 1 DUCiCVO SETTLEMENT ORDER On this date, the Defendant appeared and admitted the violation. iT 15 THEItEFdRE AGREED AND ORDERED THAT THE DEFENDANT' WILL ABATi~• THE PUBLIC ;,NUISANCES; ACCUMULATION OF SOLID WASTE, NOXIOUS SUBSTANCES,AND HARBORING OR MAINTIANiNG SUCH NUMBER OF DOS AS TO CREATE UNHEALTHY AND UNSANITARY CONDITIONS AT HER RESIDENCE AS FOLLOWS:'' 1., The Defendant will be limited to possessing five (5) dogs,.speclfled below, for a period of ,thirty -six (36) rrront s. The fed t she be ii , e to possessi g: '' i., Red t� �.. !S �� � ��1� � ?.IyZ�� � �-' 1„ c> �r, p it. Daisy .S' y r 1 R rms a tD ti o �x..� /iii. Diva :Y Y k ! Maremare 1" n "' t• `E-' i4 is r► Pt Unnamed puppy, described as the lightest red puppy from the litter •r a J df. approximately 10 -14 week old puppies which were taken Into City of Dubugde custody. A name will be provided by the t� j4 Defendant to the City of Dubuque at the time of licensing. . The Deaf, ndant will refrain from allowing others to keep their animals at her residence. 3. The Defeipdant will surrender the remainder of the dogs taken from her residence to the Dubuque Regional Humane Society. 4, The Deflindent will clean up the feces end waste accumulations inside and outside of her residence by January 15, 2011. 5, The Defendant will clean up feces accumulations Inside and outside of her residence, from this date forward, qn a weekly basis with proper disposal of the feces. 6. The Defendant will treat her residence for flea infestation and submit proof of treatment to the City of Dubuque Health Services Department. 7. The Defendant will have the dogs outlined in #1 spayed and neutered. 8. The Defendant will have the dogs outlined in #1 treated, In accordance with veterinarian instructions, for worms. 9. The Defendant will have the dogs outlined in #1 treated, In accordar Ice with veterinarian instructions, for fleas. e1Jan, 7. 2011010:37Af 3— sae —ige1 KINTZINGi=R LAW. FIRM No, 3(038 P4P, si 10.The Defendant will have the dogs listed in #1 provided with rabies vaccinations and subnjit proof to the City of Dubuque Health Services Department. 11, The Defe dant will have the dogs listed in ##1 licensed with the City of Du ibuque. 12. The Defendant will pay the costs of kenneling the animals in #1 until such time as they are returned to the Defendant. The costs shall be payable to this City of Dubuque • 13. The Defe dent will pay the costs associated with veterinary care provided during the keen ling of the animals. The costs shall be payable to the City of Dubuque. 14. The Defendant will allow for Inspections both inside end outside of.her rtesidence for a perlgd of twelve (12) months by the: a. Duque Regional Humane Society, b. CV of Dubuque Health Services Department, and o. City of Dubuque Housing and Community Development Department 15. The Defendant understands that until such time as Items #3, 4, 6, 7, 8, 9, 10, and 11 are cgrnplied with the animals listed in 41 will remain boarded at the Defendant's expense. 16, The Defndant will reimburse the City of Dubuque for the amounts paid ifor kennelin and veterinary treatment In payments of $100 beginning February 15, 2011 an every thirty (30) days until paid in full. 17.The Defd ident will pay the costs of this action. a/m141 -LAO, Signature of Defendant' • i; Signature, City iiif Dubuque Representative 11 11 t; Dated this: Magistrate /Judge , IN THE DISTRICT COURT OF IOWA, IN AND FOR DUBUQUE COUNTY CITY OF DUBUQUE, IOWA, ) Plaintiff, ) Case No. 01311 DUCICVO _0 Vag vs. TAMARA PARKER Defendant. ) AMENDED SETTLEMENT ORDER ) C f ) ) -*t 1,1 Cc) N The Defendant previously appeared and admitted the violation on this case. eblowever-, after reaching the agreement the Defendant subsequently changed her mind=as : to the five (5) animals she wished to retain ownership of. `J' The Defendant previously agreed to the following: 1. The Defendant will be limited to possessing five (5) dogs, specified below, for a period of thirty -six (36) months. The Defendant shall be limited to possessing: i. Red ii. Daisy iii. Diva iv. Maremare v. Unnamed puppy, described as the lightest red puppy from the litter of approximately 10 -14 week old puppies which were taken into City of Dubuque custody. A name will be provided by the Defendant to the City of Dubuque at the time of licensing. which shall be'referred to as Settlement Agreement, Clause #1. The earlier settlement agreement is hereby amended so that the Settlement Agreement, Clause #1 reads as follows: 1. The Defendant will be limited to possessing five (5) dogs, specified below, for a period of thirty -six (36) months. The Defendant shall be limited to possessing:._. i Diva, Pittbull, female, tan with white, 5 years old, pink collar, approximately 40 pounds in weight ii. Coy, Pittbull, female, red, 17 years old, blue collar, approximately 47 '. pounds iii. Pee Pee, Pittbull, male, red, 3 years old, blue collar, approximately 53 pounds iv. Dasha, Pittbull, female, red and white, 10 years old, blue collar, • approximately 48 pounds approximateIy 47.- unda - ife, 7 years ofd, black collar, IT IS THEREFORE AGREED AND ORDERED THAT THE PROVISION ABOVE SHALL BE AMENDED AND PROVIDED THE SAME AUTHORITY AS IF IT WAS A PART OF THE ORIGINAL SETTLEMENT AGREEMENT. THE OTHER CLAUSES OF THE ORIGINAL SETTLEMENT AGREEMENT SHALL REMAIN IN EFFECT AND BINDING ON THE DEFENDANT. Signature of Defendant n nature, City of Dubuque Representative Dated this: /it Signature of Defendant's Attorne Magistrate/. Date_Due Date Paid Amount ($100.00 minimum amount due) 2/15/2011 $0.00 3/15/2011 $0.00 4/15/2011 $0.00 5/15/2011 $0.00 6/15/2011 $0.00 7/15/2011 $0.00 8/15/2011 $0.00 9/15/2011 $0.00 10/15/2011 11/15/2011 12/15/2011 1/15/2012 2/15/2012 3/15/2012 4/15/2012 5/15/2012 6/15/2012 7/15/2012 8/15/2012 9/15/2012 10/15/2012 11/15/2012 12/15/2012 1/15/2013 2/15/2013 3/15/2013 4/15/2013 5/15/2013 6/15/2013 7/15/2013 8/15/2013 9/15/2013 10/15/2013 11/15/2013 12/15/2013 1/15/2014 2/15/2014 3/15/2014 4/15/2014 5/15/2014 6/15/2014 7/15/2014 Total owed is $2873.61 (balance due is tabulated below) 8/15/2014 9/15/2014 Total Paid $0.00 Balance $2,873.61 _ -: $2,873.61 `_