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Delinquent Garbage Collection Charges (Housing Department) Copyright 2014 City of Dubuque Consent Items # 12. ITEM TITLE: Delinquent Garbage Collection Charges (Housing Department) SUMMARY: City Manager recommending 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. RESOLUTION Authorizing the City to collect delinquent garbage collection charges in accordance with Title 6-6- 3C2o; 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 Garbage Collection Assessments-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Public Notice Supporting Documentation Schedule of Assessments 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: Garbage Collection Assessments DATE: October 24, 2016 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. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing and Community Development Department Director THE CITY OF Dubuque krftd AII-America City DUB3 &kE 1 ' Masterpiece on the Mississippi 200.2012.2013 TO: Michael Van Milligen, City Manager FROM: Alvin Nash, Housing and Community Development Department Director DATE: October 19, 2016 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. INTRODUCTION Title 6-4-3A of the Code of Ordinances provides that garbage is considered a public nuisance requiring abatement. Title 6-4-5A provides that the City may have the conditions abated and Title 6-4-513 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 property 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, Permit Clerk cc: Barry Lindahl, City Attorney Service People Integrity Responsibility Innovation Teamwork RESOLUTION NO. 372-16 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 7th day of November, 2016 fro (9 Attest: Roy D Buol, Mayor NOTICE OF FILING OF DELINQUENT GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-6-3C2o; TITLE 6-6-4133 & TITLE 6-613 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA. Title 6-4-3A of the Code of Ordinances provides that garbage is considered a public nuisance that requires that such conditions be ordered to be remedied. Title 6-4-5A provides that the City shall have the authority to correct a nuisance that is "palpably and indisputably such,"without notice. Title 6-4-513 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 May 1, 2016, 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 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 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 Snow/Ice/Garbage Assessments Location Owner Parcel # AMOUNT CATEGORY Jg Investments LLC LOT 1 OF THE SUB OF LOTS 1 &2-2; AND 9120 Long Tail Ln 2401 Windsor LOT 1-2 BOTH IN WINDSOR AVE SUB Dubuque IA 52003 1013453029 $124.00 garbage Moonlit Beaches Investments LLC S 1/2 LOT 58 EAST DUBUQUE ADD & N 1'6" 816 Vine St 1266 Jackson N 1/2 - LOT 59 EAST DUBUQUE ADD Maquoketa IA 52060 1024435006 $100.00 garbage Cooper, Daniel L 2320 Jackson St 2320 Jackson LOT 65 L H LANGWORTHY'S ADD Dubuque IA 52001 1013459006 $110.00 garbage Specht, Timothy L N 23.2' OF M 1/5 OF CITY LOT 451 1555- 8760 Kemp CT 1555 Central 1555 1/2 CENTRAL AVE Dubuque IA 52003 1024403013 $80.00 garbage Moore, Kenneth John A/K/A Kenneth J Moore E 85' OF E 170' OF LOT 346 DAVIS FARM 803 Grant CT 2901 Jackson IADD 2901-2903-2905 JACKSON Maquoketa IA 52060 1013153020 $124.00 garbage Empress Enterprises LLC 199 New Montgomery St#706 25 W 15th LOT 1 OF WINNER PLACE San Francisco CA 94105 1024403017 $355.00 garbage Robey, Delbert R 2776 Central Ave 2776 Central W 170'-284 DAVIS FARM ADD Dubuque IA 52001 1013308001 $65.00 garbage Hodder, Walter W& Dorothy D 1358 Locust St 1358 Locust IN 1/2 OF M 1/5 OF CITY LOT 476 Dubuque IA 52001 1024410002 $165.00 garbage Davis, Kevin C& Lenora L 1997 Jackson St 1997 Jackson S 52'5" N 2/5 OF CITY LOT 489 Dubuque IA 52001 1024254008 $140.00 garbage High Performance Properties LLC E 1/2-S 88'-E 1/2-S 2/5 OF CITY LOT 454 35- 8505 Southern Hills CT 35 W 15th 35 1/2 W 15TH ST Dubuque IA 52003 1024403009 $75.00 garbage Perry, Jodie L 375 Dorgan PI 375 Dorgan LOT 6 DORGANS SUB Dubuque IA 52001 1024180026 $617.00 garbage Engelken, Thomas A LOT 38 OXFORD HGTS LOT 2-39 & LOT 2-36 2022 Camelot Dr 640 Alta Vista OXFORD HGTS Allen TX 75013 1025107013 $96.00 garbage - 65'-7 ALL IN HENION &BAIRDS SUB.; ALSO, Nottingham Properties LLC LOT 1-1-4 IN YATES & PICKETT 529-535 485 Locust St 529 Pickett PICKETT Dubuque IA 52001 10243320221 $175.00 garbage 1 Snow/Ice/Garbage Assessments Nottingham Properties LLC LOT 1-1-E 65'-5, LOT 1-E 65'- 6, LOT 1-E 65'-N 485 Locust St 539 Pickett 26'-7, ALL IN HENION & BAIRDS Dubuque IA 52001 1024332021 $155.00 garbage Crooks, Anna K& Richard 2516 Queen St 2516 Queen LOT 50 STAFFORDS ADD Dubuque IA 52001 1013414001 $447.50 garbage Tri-Corner Properties LLC LOTS 767 &768A BOTH IN A MC DANIELS 1008 Walnut St 1293 Bluff SUB 1293-1299 BLUFF ST Dubuque IA 52001 1024340027 $155.00 garbage Kammiller, Fredrick J III Aka Fredrick Joseph Kammiller Living Revocable Trust LOT 1-3 BUETTELL& LANGS 308 HILL&993 17470 Kammiller Ln 308 Hill W 3RD ST IDurango IA 52039 1 10251770131 $96.00 garbage TOTAL $3,079.50 2 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 11 & 18, 2016, and for which the charge is $132.95. Subscribed to before me Notary Public in nd for Dubuque County, Iowa, this 4.3,84,day of , 20 /6 . Notary Public in and for Dubuque County, Iowa. CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE OF FILING OF DELINQUENT GAR- BAGE COLLECTION CHARGES IN AC- CORDANCE WITH TI- TLE 6-6-3C2o; TITLE 6-6-463 & TITLE 6-6B OF THE CODE OF OR- DINANCES OF THE CITY OF DUBUQUE, IOWA. Title 6-4-3A of the Code of Ordinances provides that garbage is considered a public nuisance that requires that suchconditions be ordered to be ':rem- edied. Title 6-4-5A provides that the City shall have. the authority to correct a nuisance that is,"pal- pably and indisputably such," without notice. Title 6-4-5B 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. rop erties. As of May 1, 2016, the jl costs for a nuisance that are "palpably and indisputably such," such as garbage col- lection charges, shall .i 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 delin- quent. The assessments may be paid in full or in part 'without interest at the City Veasurer's Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of l the first. publication of the notice of the filing of the Schedule of As- sessments, with the County Treasurer. ter 30 days, unpaid as- sessments are payable at the County Treasur- er's Office, Dubuque County Courthouse, 1 720 Central Avenue, Dubuque, Iowa, and charges shall be col- lected in • the same manner as general property taxes against the respective parcels of the property set forth on the attached schedule. You are hereby noti- fled 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 nfo-garbageeobl- r-.letrohVehargew lirv=the nafHbuntlset aside drthe respective names, and that said amounts shall I be collected in ;,the same manner as gen- eral property taxes against the respective parcels of property set opposite the names of I the owners. - I This notice given by direction of the City Council of the City of Dubuque, Iowa, as pro vided in Section 384.60 of the Code of Iowa. Kevin S. Firnstahl, City Clerk' SCHEDULE OF: ASSESSMENTS DELINQUENT GARBAGE COLLECTION CHARGES NOVEMBER 11, 2016 Location, Legal De- scription Owner, Parcel #, Amount, Category 2401 Windsor, LOT 1 OF THE SUB OF LOTS 1 & 2-2; AND LOT 1-2 BOTH IN WINDSOR AVE SUB, JG Investments LLC; 9120 -: Long Jail Ln; Dubuque ` IA 52003, 1013453029, $124.00, garbage 1266 Jackson, S 1/2 LOT 58 EAST DUBUQUE ADD & N 1'6" - N 1/2 - LOT 59 EAST DUBUQUE. ADD, Moonlit Beaches Investments LLC; 816 Vine St; Maquoketa IA 52060, ..1024435006, $100.00, garbage 2320 Jackson, LOT 65 L H LANGWORTHY'S ADD, Cooper, Daniel L; 2320 Jackson St; Dubu- que IA 52001, 1013459006, $110.00, garbage 1555 Central, N 23.2' OF M 1/5 OF CITY LOT 451 1555-1555 1/2 CEN- TRAL AVE, Specht, Timothy L; 8760 Kemp CT; pubuque IA 52003, 1024403013, $80.00, garbage 2901 Jackson, E 85' OF E 170' OF LOT 346 -DA - VIS FARM ADD 2901- 2903-2905 JACKSON, Moore, Kenneth --John. A/K/A Kenneth J Moore; 803 Grant . CT; Maquoketa IA 52060, 1013153020, $124.00, I garbage ' I 25 W 15th, LOT 1 OF I WINNER PLACE, Em- press Enterprises LLC; 199 New Montgomery St #706 San Francisco CA 94105, 1024403017, .I $355.00, garbage 2776 Central, W 170'- 284 DAVIS FARM ADD, Robey, Delbert R; 2776 Central Ave; Dubuque IA 52001,-1013308001, $65.00, garbage 1358 Locust, N 1/2 OF M 1/5 OF CITY LOT 476, Hodder, Walter W ,& Dorothy D; 1358 Locust St; Dubuque IA 52001, 1024410002, $165.00, garbage 1997 Jackson, S 52'5 N 2/5 OF CITY LOT 489, Davis, Kevin C & Le- nora L; 1997\ Jackson St; Dubuque IA 52001, 1024254008, $140.00, garbage 35 W 15th E 1/2-S 88'- E 1/2-S 2/5 OF CITY LOT 454 35-35 1/2 W 15TH ST, High Perform- ance Properties LLC; 8505 Southern Hills CT; Dubuque IA 52003, 1024403009, $75.00, garbage 375 Dorgan, LOT 6 DORGANS SUB, Perry, Jodie L; 375 Dorgan PI; Dubuque IA 52001, 1024180026, $617.00, garbage 640 Alta Vista, LOT 38 OXFORD HGTS LOT 2- 39 & LOT 2-36 OXFORD HGTS, Engelken, Tho- mas A; 2022 Camelot', Dr; Allen TX 75013, 1025107013, $96.00, garbage 529 Pickett, LOT 2-1-E 65'-5, LOT 2-E 65'- 6, LOT 2-N 26'-E 65'-7 ALL IN HENION & BAIRDS SUB.; ALSO, LOT 1-1-4 IN YATES .& PICKETT 529-535 PICKETT, Not- tingham - Properties LLC; 485 Locust St; Du- buque IA 52001, 1024332022, $175.00, garbage 539 Pickett, LOT 1-1-E 65'-5, LOT 1-E 65'- 6, LOT 1-E 65'-N 26'-7, ALL IN HENION & BAIRDS, Nottingham Properties LLC, 485 Locust St; Du- buque IA 52001, 1024332021, $155.00, garbage 2516 Queen, LOT 50 STAFFORDS ADD, Crooks, Anna K & Ri- chard; 2516 Queen St; Dubuque IA 52001, 1013414001, $447.50, garbage 1293 Bluff, LOTS 767 & 768A BOTH IN A MC DANIELS SUB 1293-1299 BLUFF ST, Tri -Corner Properties ' LLC; : 1008 Walnut St; Dubuque IA 52001, 1024340027, $155.00, garbage 308 Hill, LOT 1-3 BUETTELL & LANGS 308 HILL & 993 W 3RD ST, Kammiller,`Fredrick J 111 Aka Fredrick, Joseph Kammiller Living Revo- cable evo cable Trust; 17470 Kammiller,: Ln; Durango IA 52039, .'1025177013,1 $96.00, garbage 2x 11/11, 18