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Delinquent Bush, Brush and Vegetation Collection Accounts Copyright 2014 City of Dubuque Consent Items # 3. ITEM TITLE: Delinquent Bush, Brush and Vegetation Collection Accounts SUMMARY: City Manager recommending approval of the Final Assessment Schedule for bushes / brush/and vegetation enforcement against the owner of private property at 1395 Walnut Street. RESOLUTION Adopting the Schedule of Assessments for 1395 Walnut Street and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Bushes-Brush-Vegetation Assessment-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Schedule of Assessment Supporting Documentation Notice of Filing Assessment Supporting Documentation Background Information Supporting Documentation THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bushes / Brush /Vegetation Assessment DATE: October 10, 2016 Leisure Services Manager Marie Ware recommends the City Council approve the Final Assessment Schedule for bushes / brush /vegetation enforcement against the owner of private property at 1395 Walnut Street in the amount of$375. 1 concur with the recommendation and respectfully request Mayor and City Council approval. Zia/ Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie L. Ware, Leisure Services Manager THE CITY ODubuque II-A U Bi E ;111 I.mericaCi i Masterpiece on the Mississippi 2007-2012-2013 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Bushes / Brush /Vegetation Assessment DATE: September 29, 2016 INTRODUCTION The enclosed material provides for the levy of a special assessment for bushes / brush / vegetation enforcement. DISCUSSION The owner of private property at 1395 Walnut Street did not comply with the notice to cut bushes / brush /vegetation from public right-of-way. In such situations the policy of the City is to correct the defects and levy the costs against property owner in the form of a special assessment, including the costs of a contractor performing the work and a $25.00 administrative charge. The City hires private contractors as provided for in State statute. The total amount of the assessment is $375.00. RECOMMENDATION I would recommend that the City Council approve the attached final assessment schedule. ACTION STEP The City Council is requested to adopt the attached resolution establishing the final assessment schedule. MLW:et attachments cc Kevin Firnstahl, City Clerk 1 Preparer: Marie L. Ware Address: 2200 Bunker Hill Rd Phone: (563) 589-4263 RESOLUTION NO. 347-16 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR 1395 WALNUT STREET AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS 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 bushes / brush / vegetation removal tax assessments which Schedule of Assessments was filed in the office of the City Clerk on the 29th day of September, 2016, 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 sum 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 not be 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 assessment 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, adopted and approved this 17th day of October, 2016. ,,c,,,ie Attest: Kevi S. Firnstah lerk D. Buol, Mayor (Leisure Services) Property Legal Date Admin. Owner Address Parcel Description Contractor cut/cleaned up Expense Fee WebQA b contractor Dubuque Property 1395 1024354005 E 75' of Lot 3 Block Lawn 8-29-16 $350.00 $25.00 100185 Management, LLC Walnut of City Lot 740 Service 8505 Southern Hills Ct. Street Dubuque, IA 52003 NOTICE OF FILING OF THE SCHEDULE OF ASSESSMENTS FOR BUSHES / BRUSH / VEGETATION ENFORCEMENT PROGRAM 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 ASSESSMENTS MAY BE PAID IN FULL OR IN PART WITHOUT INTEREST AT THE UTILITY BILLING OFFICE, 50 W. 13TH STREET, DUBUQUE, IOWA, 52001 , AT ANY TIME WITHIN 30 DAYS AFTER THE DATE OF THIS NOTICE. After 30 days, unpaid special 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 parcel of the property set opposite the name of the property owner. This Notice given by direction of the City Council to the City of Dubuque, Iowa, as provided in the Code of Iowa. Kevin S. Firnstahl, City Clerk Dubuque Leisure Services Department THE CITY of 2200 Bunker Hill Road DAlfAmencaCity Dubuque, Iowa 52001-3010 UB E1111111 Office (563) 589-4263 Masterpiece on the Mississippi Fax (563) 589-4391 2007•�012•>OU TTY (563) 690-6678 parkrec@cityofdubuque.org www.cityofdubuque.org September 1, 2016 VIOLATION ADDRESS / LOCATION: 1395 Walnut Street Dubuque Property Management LLC 8505 Southern Hills Court Dubuque, Iowa 52003 To Whom It May Concern: The City sent notice of the need to remove overgrowth of bushes / vegetation / weeds at the above listed location and the work was to be completed in no longer than 30 days. The letter outlined the Iowa Code and City Ordinance requirements. A re-inspection showed you had not completed the work in the time frame. A contractor was hired and the work was completed on August 29, 2016. The cost for the contractor and equipment is $350.00, plus an administrative fee of $25.00, for a total of $375.00. An invoice is enclosed. This invoice needs to be paid in full by Friday, September 23, 2016 at 5:00 p.m. If not paid by this date and time, these charges will be assessed against you as the property owner in accordance with City of Dubuque Code of Ordinances. The total cost would then be forwarded to the County Treasurer at the Dubuque County Court House. The costs will be added as a special assessment to your property tax bill. Sincerely, AAUA�ft� Marie L. Ware Leisure Services Manager MLW:et enclosure — invoice Service People Integrity Responsibility Innovation Teamwork Dubuque Leisure Services Department THE CITY OF 2200 Bunker Hill Road Dau-Am Icacity Dubuque, Iowa 52001-3010 UB E Office (563) 589-4263 Mc7stef piece on the Mississippi Fax (563) 5.89-4391 p� '_007.,0,,.,0,, TTY (563) 690-6678 parkrec@cityofdubuque.org www.cityofdubuque.org September 1, 2016 INVOICE Dubuque Property Management LLC 8505 Southern Hills Court Dubuque, Iowa 52003 Removal of overgrown brush / weeds / vegetation on hill side at 1395 Walnut Street on August 29, 2016, property line to property line. Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 350.00 Administrative fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 Total amount due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 375.00 Remit payment by Friday, September 23, 2016 to: Leisure Services Department 2200 Bunker Hill Road Dubuque, IA 52001-3010 Service People Integrity Responsibility [nnovation Teamwork SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A•-�gnat ■ Print your name and address on the reverse,. X( ❑Agent so that we can return the card to you. 11 Addressee ■ Attach this Card to the back of the mailpiece, cei by(P inted Name) C. Date of Delivery or on the front if space permits. —�B 1. Article Addressed to: D. Is de ivery address different from item 1.'I ❑Yes If YES,enter delivery address below: ❑ No Dubuque Property Mgmt, LLC 8505 Southern Hills Court Dubuque IA 52003 I 3. Service Type ❑'Priority Mail Express® TM 111111 Jill 111l!II1111III11II1II II III III1III ❑ ultSignature ❑RegisteredMailR Adult Signature Restricted Delivery ❑Registered Mail Restricted) Certified MailO Delivery 9590 9401 0005 5168 2634 45 ollectonDeliestrictedDelivery ❑Rerchturn ndise for ❑Collect on Delivery Merchandise I ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm 2. Article.Number(Transfer from service label) tail ❑Signature Confirmation (01,5 0640 0001 0212 0241 )ail Restricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt Postal CERTIFIED o RECEIPT ,--1 Domestic ru For delivery information,visit our website at www.usps.comll. ED L i{tea ru Certified Mail Feerq �vrU $ V ���•-.,. E3 ra Services&Fees(checkbox,add feast aUpnate) Retum Receipt(hardcopy) $ Cal" �6VV ( � C y ( � m Receipt(electronic) $ iii O POstm.w C3 Certmed Mail Rwhicted Delivery $ m Here„ El ❑Adult Signature Required $ y +n 0 ❑Adult Signature Restricted Delivery$ ,try Postage �0 $ p Total Postage and Fees �+ r O $ l� V"1 Sent To r-�`! Dubuque_Property ManagementLLC___________ Stre t Box lt(o. °Oirh'ern Hills Court City State,ZIP+4® --------------------------------------------------------------------- Ps Form 31560,April 20fS,PSNr r r •r• See Reverse for Instructions TI:E CITY OF DUB E PURCHASE ORDER NO. 17002334 IY&zstetpiece an the Mississippi PAGE NO. 1 CITY OF DUBUQUE 50 WEST 13TH STREET DUBUQUE, IA 52001-4864 u TAX EXEMPT FED ID#42-6004596 V F-13285 —1 H F—PARK DIVISION E JORDAN J BLOCK 2200 BUNKER HILL ROAD N D/B/A JJ BLOCK LAWN SERVICE P DUBUQUE IA 52001 D 1795 ATLANTIC ST 0 T R DUBUQUE IA 52001-5808 0 ATTN: ORDER DATE: 09/02/16 BUYER: S . FEHSAL REQ. NO.: 17 0 0 2 3 5 9 REQ. DATE: TERMS: NET 30 DAYS F.O.B.: DESTINATION DESC.: CONFIRMING ONLY ITEM# QUANTITY UOM DESCRIPTION UNIT PRICE EXTENSION EMOVAL OF OVER WEEDS 350. 00 1. 00 R GROWN BUSHES5 >s €lfl>Ck> :...... >::» �:7. _. E ATION ON PRIVATE PROPERTY AT WALNUT ST. .. ITEM# ACCOUNT AMOUNT INVOICE TOTALS PAGE TOTAL $ 350 . 00 TOTAL $ 350 . 00 II 01 10030400 62781 350 . 00 Department Payment Approved B _. Date:— Finance ate:Finance Payment Approved By: Date: 28467 NAME SHIP TO C�° .�):p l c, L�� ADDRESS ADQ S CITY STATE,ZIP CfIY,STATE,ZIP ORDER 4bER DEPARTMENT SALESPERSON WHEN SHIP TERMS HOW SHIP DATE QUANTITY DESCRIPTION PRICE AMOUNT U apl-e. S. , WCO l Qt I , BUYER: M.admnw KEEL'THIS SLIP FOR REFERENCE Dubuque Leisure Services Department THE CITY OF 2200 Bunker Hill Road NI AmericaCitY Dubuque,Iowa 52001-3010 DUB Office(563)589-4263 ' I �' Fax(563)589-4391 TTY(563)690-6678 Masterpiece on the Mississippi 2007.2012.2013 parkrec@cityofdubuque.org www.cityofdubuque.org July 28, 2016 Dubuque Property Management LLC 8505 Southern Hills Court Dubuque, Iowa 52003 To Thom It May Concern: It has come to the City's attention that bushes / vegetation / weeds on private property you own at 1395 Walnut Street are overgrown and obstructing public right-of-way on the sidewalk on both the Loras Boulevard and Walnut Street sides of the property. The sidewalk on the Loras side of the property is totally obstructed causing pedestrians to walk in the street. Please be advised that not only is obstruction of public right-of-way prohibited according to the Iowa Code, Chapter 364 and City of Dubuque Code of Ordinances, Titles 6 and 10, it could create a liability issue for you and your property. Any brush/vegetation/ and/or tree limbs hanging above street or sidewalk must be trimmed to 10' clearance over sidewalk and 14' over roadways. Any ground level brush and/or vegetation protruding into right-of-way must be trimmed back far enough that public right-of-way is completely unobstructed. City right-of-way, in most places extends 10' beyond the back of curb. Please trim the vegetation back/uplift the trees as soon as possible to avoid accidents or inouries, but no longer than 30 days so public right-of- way is completely unobstructed. Failure to perform the work will result in the City contracting for the work to be done and assessing any and all associated costs to the abutting owner in accordance with Iowa Code 364.12(2)(e) and 364.12(3). If you have any questions as to the work required, please contact Steve Pregler, City Forester at 589-4298, Monday thru Friday, 8:00 a.m. to 3:00 p.m. Sincerely, Stephen J. Fehsal Park Division Manager SJF:et enclosure - photos copy Steve Pregler, Forester Police Department Service People Integrity Responsibility Innovation Teamwork (A�+r+ffu-Y 25Ou 10 4 + � k it t: n R' akt J � S. �{ • .f Service People Integrity Responsibility Innovation Tea nmvrk 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 21 & 28, 2016, and for which the charge is $41.40. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ,-3/, day of � � , 20 /4 CITY OF DUBUQUE, i IOWA I OFFICIALNOTICE NOTICE OF FILING OF THE SCHEDULE OF. ASSESSMENTS FOR BUSHES / BRUSH "/ VEGETATION EN- FORCEMENT PRO- GRAM TO THE PROPERTY OWNER OF THE PROP- ERTY SHOWN ON THE, ATTACHED ``SCHEDULE OF`/i'SSESSMENTS: You are hereby" noti- fied that the. attached Schedule of Assess- ments has been "adopt- ed by. the City Council` of the City of Dubuque, Iowa, and .that said Schedule of Assess''-' ments has been filed with the County Treas- urer of Dubuque "Coun- ty, Iowa. YOU ARE FURTHER NOTIFIED THAT AS- SESSMENTS MAY BE PAID IN FULL OR IN PART WITHOUT INTER- EST AT THE UTILITY BILLING OFFICE, 50 W: 13TH STREET, . DUBU- ' QUE, IOWA, 52001, AT I ANY TIME •WITHIN ,30;1 DAYS AFTER THE DATE OF THIS NOTICE. After 30 days, unpaid special assessments are payable 'at the County Treasurer's Of- fice, Dubuque County Courthouse, 720 Cen tral Avenue, Dubuque, Iowa, and charges shall be collected in the same "manner as gen- eral 'property taxes, against the "respective' parcel of, the property set opposite the name of the property owner. 4; This Notice given by direction of 'the City Council to the City of Dubuque, Iowa as pro- vided in the Code of to-' wa. Notary Public in and for Dubuque County, Iowa. Kevin S. Firnstahl, City Clerk SCHEDULE' OF ASSESSMENTS FOR BUSHES'/BRUSH / 'I VEGETATION ENFORCEMENT PROGRAM I Owner; Property Address; Parcel; Le- 'I gal Description; Con- tractor; Date. Cut/ Cleaned up by; Con- tractor; -Expense; Ad- mirniOltratlYp Fee Dub gue Property' Management, LLC; 8505 Southern Hills Ct.; • Dubuque IA 52003;1395 Walnut Street;; 1024354005;E 75' of Lott 3 of City Lot 740'BIock1 Lawn Service;, 8-29-16; '$350.00; S25.00 2t 10/21,28