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Home My WebLink About10-03-16 CC Mtg - A2. Resolution 4725 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carol Neibauer, Assistant Treasurer Laurae Clark, City Treasurer Anna Rosenberry, Administrative Services Director SUBJECT: Resolution 4725 / Delinquent Snow Removal Charges MEETING DATE: October 3, 2016 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No.4725 BACKGROUND: The Code Compliance Officer sends notices to property owners in response to complaints by citizens regarding the removal of snow and ice on their properties. If the owners do not respond to the notice by the date indicated, the city contracts for the removal of the snow and ice on their behalf. The property owners are then billed for the actual costs incurred by the City of Bozeman. The property owners listed on Schedule A of the attached resolution have not paid the charges billed to them in FY 16. BMC 34.06. Snow removal from sidewalks. A. Should any person fail to clear away or treat with abrasives and subsequently clear away any snow and ice from any sidewalk as required, the director may, as soon as practicable after such failure, have the sidewalks cleared. B. The director shall record the name of the property owner, the legal description and street address of the lot, the exact dates and costs of all snow removal done in accordance with this section including but not limited to the costs of private contractors hired for such purpose, and administrative costs. C. Each person who fails to clear the sidewalk as required herein and thus requires the city to perform the work in accordance with this section shall be liable to the city for the cost of such work plus a civil penalty of $30.00 or 20 percent of such costs, whichever is greater. D. The director or a designated representative shall give the property owner written notice of the amount owed to the city as soon as practicable following the completion of the work. 126 The payment of such amount may be enforced through suit for collection or by levying an assessment on the premises or both. E. In the event of assessment, the city commission shall annually adopt a resolution levying an assessment and tax against each lot or parcel of land fronting or abutting on the sidewalks ordered cleared by the director in accordance with the provisions of this article. All assessments levied shall be charged simple interest at the rate of ten percent per year from the date the work is performed until the assessment is fully paid and satisfied. FISCAL EFFECTS: Recover the charges that have been accrued due to snow removal totaling $2,612.47. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution 4725 Schedule A Memo compiled on: September 21, 2016 127 Page 1 of 4 COMMISSION RESOLUTION NO. 4725 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 34.06 OF THE CITY OF BOZEMAN MUNICIPAL CODE. WHEREAS, Chapter 34.06 of the Bozeman Municipal Code provides that every person in charge or control of any building or land fronting or abutting on a paved sidewalk shall remove and clear away snow and ice from said sidewalk; and WHEREAS, Chapter 34.06 of the Bozeman Municipal Code provides that special assessments shall be made, levied and collected annually, for the costs of snow and ice removal by the City against property which person in charge or control of said property failed to remove; and WHEREAS, Section 34.06.040 of the Bozeman Municipal Code provides that the City shall annually pass and adopt a resolution levying on assessment against each lot or parcel of land fronting or abutting on the sidewalks which said snow or ice was caused to be cleared by the City. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1. That to defray the estimated cost and expense for removal of snow and ice from sidewalks in the City of Bozeman, plus penalties authorized by Chapter 34.06 of the Bozeman Municipal Code, an assessment is hereby levied against the property and the several lots, pieces and parcels of land thereof within the City of Bozeman as set forth in Schedule "A", which is attached hereto and made a part of, a particular description of each lot and parcel of land with the name of the owner and/or owners and the sum assessed against the same is set forth in the assessment list in Schedule "A"; that the several sums set opposite the names of said owners and the described lots and parcels of land, are hereby levied and 128 Resolution 4725, Levying and Assessing Delinquent Snow Removal Charges Page 2 of 4 assessed upon and against said lots and parcels of land for said purpose; that the several sums be collected from the respective owners of said lots and parcels of land described in said assessment list and owned by them; that the said sums shall be paid and the collection thereof be made in the manner and in accordance with Chapter 34.06 of the Bozeman Municipal Code, and the laws of the State of Montana governing the collection of special assessments; that failure to pay such assessment when the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes. Section 2. That the fee for removal of snow and ice from specified sidewalks in the City of Bozeman shall be the cost of such work, including administrative and enforcement costs. Administrative and enforcement costs shall not exceed 20 percent or $30.00, whichever is greater, per occurrence. Section 3. That this assessment be levied and be billed in October 2016 as are all other special assessments. Section 4. That upon all assessments levied and assessed, simple interest shall be charged at the rate of 10 percent per year from the date this assessment becomes delinquent (December 1, 2016) to the date the assessment it paid. Section 5. That the regular session of the Commission of the City of Bozeman, Montana, to be held in the Commission Room in the City Hall of said City on the 3rd day of October 2016, at 6:00 p.m., be designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6. That the Clerk of the Commission of the City of Bozeman, be, and she is hereby ordered and directed to publish in the Bozeman Daily Chronicle, a daily newspaper printed and published in said City of Bozeman a Notice signed by the Clerk of the Commission, stating that a Resolution levying and assessing a special assessment to defray the cost and expense for the removal of snow and ice from specified sidewalks in the City of Bozeman in Fiscal Year 2016, against the property of which such service was rendered, is on file in the office of the Clerk of the Commission subject to inspection for a period of five (5) days; that said Notice shall state the time and place at which objections will be heard by the Commission to the final adoption of this Resolution, and, that said Notice shall be published at least five (5) days before the date set by the Commission for hearing of objections and the final adoption of this Resolution. 129 Resolution 4725, Levying and Assessing Delinquent Snow Removal Charges Page 3 of 4 APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 3rd day of October, 2016. __________________________________________ CARSON TAYLOR Mayor ATTEST : _______________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: - _______________________________________ GREG SULLIVAN City Attorney 130 Resolution 4725, Levying and Assessing Delinquent Snow Removal Charges Page 4 of 4 N O T I C E HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4725 LEVYING A SPECIAL ASSESSMENT TO DEFRAY THE COST FOR THE REMOVAL OF SNOW AND ICE FROM SPECIFIED SIDEWALKS IN THE CITY OF BOZEMAN IN FISCAL YEAR 2017 AGAINST PROPERTY IN THE CITY OF BOZEMAN TO WHICH SUCH SERVICE WAS RENDERED. NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of Bozeman to be held on the 3rd day of October 2016, Commission Resolution No. 4725 will be considered; that said Resolution levies and assesses a special assessment to defray the cost for the removal of snow and ice from sidewalks in the City of Bozeman in Fiscal Year 2017, upon all property to which such service was rendered. That said Commission Resolution No. 4725 is now on file in the office of the City Clerk of the Commission of the City of Bozeman, subject to inspection of all persons interested, for a period of five (5) days; that Monday, the 3rd of October 2016, at 6:00 p.m. of said day at a regular session of the Commission of the City of Bozeman, in the Commission Room, at City Hall, 121 N Rouse Ave, has been designated as the time and place when and where said Commission will hear and pass upon any and all objections that may be made to the final passage and adoption of said Commission Resolution No. 4725 and the levying of said assessment; and that said Resolution will be finally passed and adopted at said regular session of said Commission, subject to such corrections and amendments that may be made upon objections. DATED this 21st day of September, 2016. __________________________________________ ROBIN CROUGH CITY CLERK Publish: Sunday, September 25, 2016 Sunday, October 2, 2016 131 Owner Service Address Address City,State,Zip MR Acct #Tax Acct #Amount Due Kyle Kradolfer 406 Prairie Ave 406 Prairie Ave Bozeman, MT 59718 4281 60580 $16.25 Vanessa Grummons Trust 503 Pondera Ave 300 N Willson Ave Ste 3004 Bozeman, MT 59715 4542 68860 $320.00 Paul Borgeson PO Box 931 Bozeman, MT 59771 Bozeman, MT 59715 8391 37700 $62.50 Doug & Andrea Stock 215 S 20th Ave Unit A 1593 Maiden Spirit St Bozeman, MT 59718 9285 192760 $7.32 Ryan Schmidt 719 Loxley Dr 719 Loxley Dr Bozeman, MT 59718 9310 122530 $102.50 Nancy Cannon 521 N Grand Ave 521 N Grand Ave Bozeman, MT 59715 9319 25320 $90.00 Morris J Klare Jr 1430 S 5th Ave 32 Riverside Dr Bozeman, MT 59718 9355 11210 $114.75 Rod Miskimen 321 N 19th Ave 321 N 19th Ave Bozeman, MT 59715 9358 46760 $42.75 Christopher Johnson 405 N 19th Ave 405 N 19th Ave Bozeman, MT 59718 9360 46430 $42.75 Isaac & Megan Stoltzfus 4374 Brookside Ln 4374 Brookside Ln Bozeman, MT 59718 9363 184630 $10.00 Joseph Golliher 4368 Brookside Ln 4368 Brookside Ln Bozeman, MT 59718 9370 184600 $10.00 Mountain Rain LLC 4300 Glenwood Dr PO Box 1655 Bozeman, MT 59771 9372 214860 $371.50 Flanagan Klunder & Assoc LLC 11 W College St 1825 Pheasant Brook Dr Laurel, MT 59044 9373 4130 $60.00 Michael S Reidy 221 S 10th Ave 221 S 10th Ave Bozeman, MT 59715 9375 16160 $192.38 Daniel & Jessica Barnes 1911 Buckrake Ave 5535 Monforton School Rd Bozeman, MT 59718 9384 178810 $25.00 Mike N Thompson 1967 Buckrake Ave 1949 Buckrake Ave Bozeman, MT 59718 9388 178850 $42.50 Thomas S Hunter 711 N Montana Ave 705 N Montana Ave Apt 3 Bozeman, MT 59715 9394 29760 $63.75 Phyllis Aitken 4026 Carbon St 84 E Fieldview Cir Bozeman, MT 59715 9423 118130 $220.63 William, Jeffrey & Peggy Krauss 4025 Diamond St 4025 Diamond St Bozeman, MT 59715 9424 118020 $41.25 John McCoy Burns 306 N Sweetgrass Ave 306 N Sweetgrass Ave Bozeman, MT 59718 9438 60210 $11.25 Steve Nicoll 2233 Buckrake Ave 65 Triple Tree Ln Bozeman, MT 59715 9441 161240 $40.00 Jacob T Tobin 2732 Hedgerow Ct 2732 Hedgerow Ct Bozeman, MT 59718 9442 179570 $32.50 Cody & Brooke Crawford 1656 Buckrake Ave 1656 Buckrake Ave Bozeman, MT 59718 9447 160410 $27.50 Joey & Stephan Shapiro & Debora Valis 501 S 10th Ave 501 S 10th Ave Bozeman, MT 59715 9452 16450 $93.38 Jay L Utter 1555 Tempest Ct 1555 Tempest Ct Bozeman, MT 59718 9466 160020 $31.25 Brian G Bakken 3021 Langohr Ave 3021 Langohr Ave Bozeman, MT 59715 9483 51950 $23.63 David Madison & Kathleen Gaines 2804 Langohr Ave 2804 Langohr Ave Bozeman, MT 59715 9489 49490 $244.13 Eric Walby 1601 W Olive St #11 1601 W Olive St #11 Bozeman, MT 59715 9526 21270 $5.91 Troy & Kirsten Core 1700 W Koch St #9 531 N Bozeman Ave Bozeman, MT 59715 9535 138060 $20.46 Mountain Rain LLC 1197 Golden Gate Ave PO Box 1655 Bozeman, MT 59771 9583 198990 $23.75 Total Due $2,612.47 Delinquent Snow Removal Schedule A 132