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Delinquent Garbage Collection ChargesMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Garbage Collection Assessments DATE: October 23, 2013 Dubuque band AI- America City 1 2007 • 2012 • 2013 Housing and Community Development Department Director Alvin Nash recommends City Council approval of a resolution authorizing the City to certify 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. dt)tt+, Prvlit,45 Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing and Community Development Department Director X Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Alvin Nash, Housing and Community Development Department DATE: October 23, 2013 SUBJECT: Garbage Collection Assessments INTRODUCTION The purpose of this memorandum is to request City Council to adopt the attached resolution authorizing the City to certify garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. DISCUSSION Title 6- 6 -3C2o of the Code of Ordinances provides garbage is 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. RECOMMENDATION It is recommended that the 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. ACTION TO BE TAKEN The action step is for the City Council to adopt the attached resolution authorizing the City Clerk to certify the garbage collection charges to the Dubuque County Treasurer. Prepared by: Tami Ernster cc: Barry Lindahl, City Attorney RESOLUTION NO. -13 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3C2o; 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 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 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 Garbage Assessment Schedule are delinquent in the payment of 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 Garbage Assessment Schedule are delinquent in the payment of 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 4`h day of November, 2013. Roy D Buol Mayor Attest: Kevin S Firnstahl City Clerk RESOLUTION NO. 311 -13 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3C2o; 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 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 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 1. That the persons listed on the attached Garbage Assessment Schedule are delinquent in the payment of 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 Garbage Assessment Schedule are delinquent in the payment of 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 4th day of November, 2013. Attest: /_zer./.4,70 Kevin : Firnstahl, (✓ity C erk Roy D Buol, Mayor CITY OF DUBUQUE NOTICE TO PROPERTY OWNERS NOTICE OF FILING OF DELINQUENT GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6 -6 -3C2o; TITLE 6 -6 -4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. Title 6 -6 -3C2o of the Code of Ordinances provides that garbage is considered a substandard condition that requires that such conditions be ordered to be remedied. Title 6 -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 April 17, 2013, the costs for a nuisance that are "palpably and indisputably such," such as 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 Garbage Assessment Schedule have unpaid garbage collection 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 City Treasurer's 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 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 Garbage Assessment Schedule are delinquent in the payment of 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 /Kevin S. Firnstahl, City Clerk 2t 11/8, 15 NOTICE OF FILING OF DELINQUENT GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6 -6 -3C2o; TITLE 6 -6 -4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. Title 6 -6 -3C2o of the Code of Ordinances provides that garbage is considered a substandard condition that requires that such conditions be ordered to be remedied. Title 6 -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 April 17, 2013, the costs for a nuisance that are "palpably and indisputably such," such as 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 Garbage Assessment Schedule have unpaid garbage collection 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 City Treasurer's Office, City Hall, 50 W. 13`h 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 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 Garbage Assessment Schedule are delinquent in the payment of 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 /Kevin S. Firnstahl City Clerk Garbage Assessments Location Owner Parcel # AMOUNT CATEGORY 735 Kirkwood East Dubuque Savings Bank P 0 Box 259 East Dubuque IL 61025 1024157007 $120.00 garbage 2595 White Donna Vaske 2595 White Street Dubuque IA 52001 1013376005 $365.00 garbage 1612 Butterfield Anne Mullen 1612 Butterfield Road Dubuque IA 52001 1027105005 $225.00 garbage 2162 Washington Daniel M & Keri L Keller 481 Sherwood East Dubuque IL 61025 1024210002 $397.70 garbage 884 University John Jaeger 2026 Rockdale Road Dubuque IA 52003 1025109008 $70.00 garbage 2435 Queen 2435 Queen LLC 548 W 7th Street Dubuque IA 52001 1013452045 $190.00 garbage 1496 White High Performance Properties 8505 Southern Hills Ct Dubuque IA 52003 1024409001 $85.00 garbage 1022 Bluff Maria Maldonado 1022 Bluff Street Dubuque IA 52001 1024458003 $272.30 garbage 2056 Washington Jessica Zaruba 2056 Washington Street Dubuque IA 52001 1024215024 $103.00 garbage 1585 White Lawrence and Brenda Husemann 18491 W Michelle Court East Dubuque IL 61025 1024269004 $109.81 garbage 574 Chestnut Greg Prehm 8505 Southern Hills Court Dubuque IA 52003 1024381006 $125.00 garbage 1185 Walnut Liberty Bank FSB 6500 Westown Parkway West Des Moines IA 50266 1024379009 $94.50 garbage 246E 14th Mark A Hope 2639 Research Park Drive Suite 201 Fitchburg WI 53711 1024430002 $101.24 garbage 807 Garfield Robert Canon 3095 Kane Court Dubuque IA 52001 1013481018 $81.00 garbage 1576 Washington Eliabeth Soule 1576 Washington Street Dubuque IA 52001 1024282005 $110.00 garbage 765 Alpine BM Properties 8110 Southern Hills Circle Dubuque IA 52003 1025105025 $70.00 garbage 2561 Jackson Hirschy Companies 15816 Lore Mount Road Dubuque IA 52002 1013334007 $120.00 garbage Garbage Assessments 2214 Jackson Thomas J & Martha J Blake 115 Skyline Drive Guttenberg IA 52052 1024203007 $241.00 garbage TOTAL $2,880.55 CITY OF DUBUQUE PUBLIC NOTICE NOTICE OF FILING OF DELINQUENT GAR- BAGE COLLECTION j CHARGES IN AC- CORDANCE WITH TI -. TLE 6-6-3C2o; TITLE 6 -6-4B3 & TITLE 6-6B OF THE CODE OF OR- DINANCES OF THE CITY OF DUBUQUE, IOWA. Title 6- 6-3C2o of the Code of Ordinances provides that garbage.) is considered a sub- standard condition that requires that such con- ditions be ordered to I be remedied. Title 6 -6 -4B3 provides . that the. City shall have the authority to correct a nuisance that is "pal - pably and indisputably such," without notice. Title 6 -6B provides that the City Clerk shall certify such cost for the abatement of situa- tions where the nui- sance is "palpably and indisputably such" to the County Treasurer and it shall then consti- tute a lien against said property and be col- lected with and in the same manner as gen- eral taxes on said prop- erties. As of April 17, 2013, the costs for a nui- sance that are "palpa- bly and indisputably such," such as garbage collection charges, shall be certified by the City Clerk to the Dubu- que County . Treasurer for collection with, and in the same manner as, general property taxes. The persons listed on the attached Garbage Assessment Schedule have unpaid garbage collection charges in the amount set out and said charges are delin- quent. The assessments may be paid in full or in part' without interest at the City Treasurer's Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of i the notice of the filing of the Schedule of As -, sessments with the County Treasurer. Af- ter 30 days, unpaid as sessments are payable' at .the County Treasur- er's If a Dubuque County - Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be col- lected in the same 1 manner as . general property taxes against the respective parcels of the property set forth on the attached schedule. You are hereby noti- fied that the City Clerk be and is hereby' or- dered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Garbage As- sessment Schedule are delinquent in the pay- ment of garbage col- lection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as gen- eral 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 pro-1 vided in Section 384.60 � of the Code of Iowa. /s /Kevin 5. Firnstahl, City Clerk 2t 11/8,15 SCHEDULE OF ASSESSMENTS DELINQUENT GARBAGE COLLECTION CHARGES Location, Owner, Par- cel #, Amount, Catego- ry 735 Kirkwood, East Dubuque Savin4s Bank, Box 259, East Dubuque, IL 61025, 1024157007, $120.00, garbage . 2595 White, Donna Vaske, 2595 White I Street, Dubuque, IA 52001, 1013376005, 1, $365.00, garbage 1612 Butterfield, Anne Mullen, 1612 Butter- field Road, Dubuque, IA 52001, 1027105005, $225.00, garbage. 2162 Washington, Daniel M & Keri L. Kel- ler, 481 Sherwood, East Dubuque, IL 61025, 1024210002, $397.70, garbage 884 University, John Jaeger, 2026 Rockdale Road, Dubuque, IA 52003, 1025109008, I .$70.00, garbage 2435 Queen, 2435 Queen LLC, 548 W 7th Street, Dubuque, IA 52001, 1013452045, $190.00, garbage 1496 White, High Per- formance Properties, 8505 Southern Hills Ct., Dubuque, IA 52003, 1 1024409001, $85.00, 1022 Bluff, Maria Maldonado, 1022 Bluff Street, Dubuque IA 52001, 1024458003, $272-30, garbage 2056 Washington, Jes- sica Zaruba, 2056 Washington Street, Du- buque, IA 52001, 1024215024, $103.00, garbage 1585 White, Lawrence and Brenda Husemann, 1$491 W Michelle Court, East Dubuque, IL 61025, 1024269004, $109.81, garbage 574 Chestnut, Greg Prehm, 8505 Southern Hills Court, Dubuque, IA 52003, 1024381006, $125.ou,garoage 1185 Walnut, Liberty Bank FSB, 6500 Westown Parkway, West Des Moines IA 50266, • 1024379009, $94.50, garbage 246 E 14th, Mark A Hope, 2639 Research Park Drive, Suite 201, Fitchburg, WI 53711, 1024430002, $101.24, garbage 807 Garfield, Robert Canon, 3095 Kane Court, Dubuque, IA 52001, 1013481018, $81.00, garbage 1576 Washington, Eliabeth Soule, 1576, Washington Street, Du- buque, IA 52001, 1024282005, $110.00, garbage 765 Alpine, BM Prop- erties, 8110 Southern Hills Circle, Dubuque, IA 52003, 1025105025, $70.00, garbage - 2561 Jackson, Hirschy Companies, 15816 Lore Mount Road, Dubuque, IA 52002, 1013334007, $120.00, garbage 2214 Jackson, Thomas J & Martha J Blake, 115 Skyline Drive,- Gutten- berg, .IA 52052, 1024203007, $241.00, 2t 1/8,15 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: November 8 & 15, 2013, and for which the charge is $110.40. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this /30 day of / , 20 /3 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 M,/ Ca --s,. Exp. FEB. 1,