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Delinquent VAB and Problem Property Assessments (Housing) Copyright 2014 City of Dubuque Consent Items # 7. ITEM TITLE: Delinquent Problem Property Assessments SUMMARY: City Manager recommending adoption of a resolution authorizing the City to certify problem property 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 problem property charges in accordance with Title 6-6- 361 h; Title 6-6463 & Title 6-613 of the Code of Ordinances of the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Problem Property Assessment-MVM Memo City Manager Memo Staff Memo Staff Memo Problem Property Resolution Resolutions Problem Property Assessment Schedule Supporting Documentation Problem Property Notice Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Problem Property Assessment DATE: February 23, 2016 Housing and Community Development Department Director Alvin Nash recommends City Council approval of a resolution authorizing the City to certify problem property 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. Mic ael 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 THE CITY OF Dubuque DUB3i&'E AII-America City 1 Masterpiece on the Mississippi 2007 DATE: February 8, 2016 TO: Michael Van Milligen, City Manager FROM: Alvin Nash, Housing and Community Development Department SUBJECT: Problem property assessment INTRODUCTION The purpose of this memorandum is to request the City Council to adopt the attached resolution authorizing the City to certify problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. DISCUSSION Title 6-6-3131 h of the Code of Ordinances provides that problem properties are considered a substandard condition requiring abatement. Title 6-6-4133 provides that the City may have the conditions abated and Title 6-6-613 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 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. ACTION STEP The action step is for the City Council to adopt the attached resolution authorizing the City Clerk to certify the problem property charges to the Dubuque County Treasurer. cc: Barry Lindahl, City Attorney RESOLUTION NO. 55-16 RESOLUTION AUTHORIZING THE CITY TO COLLECT DELINQUENT 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 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 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 1. That the persons listed on the attached Problem Property Assessment Schedule are delinquent in the payment of problem property 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 Problem property Assessment Schedule are delinquent in the payment of 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 7th day of March L016. Attest: Roy D Buol, Mayor Problem Property Assessments Location Owner Parcel # AMOUNT CATEGORY Jk Investments LLC Relocation charges 8505 Southern Hills CT for tenant removed for 1392 Main N 60'4" N 2/5 OF CITY LOT 464 Dubuque IA 52003 1024411001 $343.85 unsafe electric TOTAL $343.85 1 NOTICE OF FILING OF DELINQUENT PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6-6-3131 In AND TITLE 6-6-463 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. Title 6-6-3131 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 6-4133 provides that the City shall have the authority to correct a nuisance that is "palpably and indisputably such,"without notice. Title 6-613 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 November 30, 2015, the costs for a nuisance that are "palpably and indisputably such," such as 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 listed on the attached Problem Property Assessment schedule have unpaid problem property 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 anytime 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 Problem property Assessment schedule are delinquent in the payment of 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. 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 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: March 11 & 18, 2016, and for which the charge is $70.71. i Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of , 20/ Notary Public in and for Dubuque County, Iowa. MARY K, VyE$TERMEYER Gummltr,elon Number 154885 My Comm, Exp, FEB, 1, 2017 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE OF FILING OF DELINQUENT PROBLEM PROPERTY CHARGES IN ACCOR- DANCE WITH TITLE 6- 6r3B1h AND TITLE 6-6- 4B3 OF -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 consid- ered a substandard condition that requires that such conditions be ordered to be re- medied. Title 6-4133 provides that the City shall have the authority to correct a . nuisance that . is "palpably and \ indis- putably such," without notice. Title 6-68 provides that the City Clerk shall certify such ' cost for. the s abatement of situations where the nuisance is "palpably and indisputably such" to the County Trea- surer and itshall then constitute a lien against said property and be collected with and in the same manner as general taxes on said properties. As of November 30, 2015, the costs for a nuisance that are "palpably and indis- putably such," such as 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 listed on the attached Problem Property Assessment schedule have unpaid problem property charges in the amount set out and said -` charges are delinquent. Theassessments 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 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 pay- able at the County Treasurer's Office,;; Dubuque County Court- ! house, 720 Central Avenue; Dubuque,; Iowa, and charges shall be collected in the !, samemanner as general property taxes against the respective parcels of the property sets 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 Problem Pro -'j pertyAssessment Sche- dule are delinquent in the payment of pro -1 blem 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. 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 SCHEDULE OF ASSESSMENTS PROBLEM PROPERTY ASSESSMENT Location; Owner; Parcel #; Amount; Category 1392 Main; JK Investments,, LLC, 8505 Dubuque IA 52003; -N 60'4" N 2/5 OF CITY LOT 464; 1024411001; $343.85; Relocation charges for tenant removed for unsafe electric. 2t 3/11,18