HomeMy WebLinkAbout10-02-17 City Commission Packet Materials - A7. Resolution 4828, Delinquent Snow Removal for FY18
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Zoe A Maliske, Assistant Treasurer Laurae Clark, City Treasurer Kristin Donald, Finance Director
SUBJECT: Resolution 4828 / Delinquent Snow Removal Charges
MEETING DATE: October 2, 2017 AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No.4828 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 17. 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.
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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 $2,479.28.
ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution 4828 Memo compiled on: September 19, 2017
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Page 1 of 6
COMMISSION RESOLUTION NO. 4828
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:
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Resolution 4828, Levying and Assessing Delinquent Snow Removal Charges
Page 2 of 6
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 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 2017 as are all other special
assessments.
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Resolution 4828, Levying and Assessing Delinquent Snow Removal Charges
Page 3 of 6
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, 2017) 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 2nd day of October 2017, 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 City Clerk 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 2018, 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.
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Resolution 4828, Levying and Assessing Delinquent Snow Removal Charges
Page 4 of 6
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 2nd day of October 2017.
____________________________________
CARSON TAYLOR
Mayor
ATTEST :
_______________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
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Resolution 4828, Levying and Assessing Delinquent Snow Removal Charges
Page 5 of 6
NOTICE
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO.
4828 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 2018 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 2nd day of October 2017, Commission Resolution No. 4828 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 2018, upon all
property to which such service was rendered.
That said Commission Resolution No. 4828 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 2nd day of October 2017, 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. 4828 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 2nd day of October 2017.
____________________________________
ROBIN CROUGH
CITY CLERK
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Resolution 4828, Levying and Assessing Delinquent Snow Removal Charges
Page 6 of 6
Publish: Sunday, September 24, 2017
Sunday, October 1, 2017
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Owner Service Address Address City,State,Zip MR Acct #Tax Acct #Amount Due
Jalal Neishabouri 34 N Bozeman Ave PO Box 186 Bozeman, MT 59771 3618 66500 133.00$
Kyle Kradolfer 406 Prairie Ave 406 Prairie Ave Bozeman, MT 59718 4281 60580 197.04$
Scott W Fitzmorris 2015 W Beall St PO Box 7474 Tahoe City, CA 96145 5271 47220 252.16$
Keith Flanigan 2812 W Villard St 720 W Babcock St Bozeman, MT 59715 5432 58530 116.48$
Paul Borgeson 2518 Landoe Ave PO Box 931 Bozeman, MT 59771 8391 37700 101.76$
Matthew W Williams 506 E Babcock St 506 E Babcock St Bozeman, MT 59715 9473 1720 190.00$
Donna & Robert Kolllmar 2404 Westridge Dr 2404 Westridge Dr Bozeman, MT 59715 9480 37640 195.00$
Edward & Angela Morris 732 S 12th Ave 34 Woodridge Rd Wayland, MA 01778 9847 16430 149.20$
Cody V Dubuc c/o Miramar Svc Inc 306 S 14th Ave 250 Grandview Dr Ste 400 Fort Mitchell, KY 41017 9851 18980 60.80$
Laura M Seitz 708 S 15th Ave 708 S 15th Ave Bozeman, MT 59715 9852 20440 87.80$
Sharon Sager 1603 Gale Ct 1603 Gale Ct Bozeman, MT 59718 9870 160300 399.84$
Kathryn & George Keiser 2789 Hedgerow Ct 2789 Hedgerow Ct Bozeman, MT 59718 9871 179380 124.76$
Springer LLP 414 W Lamme St 2409 Lasso Ave Bozeman, MT 59718 9877 23670 72.40$
MAD LLC 806 N 7th Ave 806 N 7th Ave Bozeman, MT 59715 9883 25520 71.60$
Cory Reistad 712 N Black Ave 122 Talon Way Unit B Bozeman, MT 59718 9886 29670 70.80$
Margaret C Davis 512 N 17th Ave 420 N 9th Ave Bozeman, MT 59715 9924 43460 95.00$
Lori Murdoch 506 Sanders Ave 506 Sanders Ave Bozeman, MT 59715 9927 99370 54.00$
Donald & Desiree Smith 2784 Hedgerow Ct 2784 Hedgerow Ct Bozeman, MT 59718 9928 179510 67.60$
Lmtd Capital Investment 3825 Valley Commons Dr, Unit 9 3805 Valley Commons Dr Ste 7 Bozeman, MT 59718 9947 208260 40.04$
TOTAL DUE 2,479.28$
DELINQUENT SNOW REMOVAL
Schedule A
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