The URL can be used to link to this page

Home My WebLink About10-01-18 City Commission Packet Materials - A4. Res. 4934, Delinquent Snow Removal Charges for FY19 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Kristin Donald, Finance Director SUBJECT: Resolution 4934 / Delinquent Snow Removal Charges MEETING DATE: October 1, 2018 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No.4934 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 18. 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. 150 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 $3,793.31. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution 4934 Memo compiled on: September 18, 2018 151 Page 1 of 3 COMMISSION RESOLUTION NO. 4934 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 152 Resolution 4934, Levying and Assessing Delinquent Snow Removal Charges for FY19 Page 2 of 3 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 2018 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, 2018) 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 1st day of October 2018, 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. 153 Resolution 4934, Levying and Assessing Delinquent Snow Removal Charges for FY19 Page 3 of 3 Section 6 That the City Clerk of the City of Bozeman, has published in the Bozeman Daily Chronicle, a daily newspaper printed and published in said City of Bozeman a Notice signed by the City Clerk, 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 City Clerk 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. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 1st day of October 2018. ______________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _____________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ______________________________________ GREG SULLIVAN City Attorney 154 Schedule A-Delinquent Snow Removal FY19/Sheet1 9/17/2018/5:56 PM FY19 Loc ID#Owner Service Address Address City,State,Zip MR Acct #Transaction Date Amount Due 52190 Ilene A Brissonneaud 523 N 20th Ave 308 N 18th Ave Bozeman, MT 59715 5357 01/05/18 & 01/22/18 216.80$ 18650 Nancy J Penney 919 W Lamme St 919 W Lamme St Bozeman, MT 59715 6275 2/1/2018 193.20$ 37700 Paul E Borgeson 2518 Landoe Ave PO Box 931 Bozeman, MT 59771 8391 01/03/18 & 03/07/18 157.40$ 145970 Robert M Nelson 625 Laramie Dr 255 High K Street Belgrade, MT 59714 8545 1/6/2018 331.79$ 145960 Robert M Nelson 3501 Laramie Dr 255 High K Street Belgrade, MT 59714 8546 1/6/2018 647.92$ 145950 Robert M Nelson 3407 Laramie Dr 255 High K Street Belgrade, MT 59714 8547 1/6/2018 937.26$ 145980 Robert M Nelson 707 Laramie Dr 255 High K Street Belgrade, MT 59714 8548 1/6/2018 115.82$ 39590 Kenneth J & Nancy Tiahrt 1917 - 1921 S Black Ave 204 E Lincoln St Bozeman, MT 59715 8600 3/14/2018 148.00$ 28590 2 North Montana LLC 425 N Montana Ave 3817 Ocean Front Walk Marina Del Ray, CA 90292 9187 1/23/2018 96.40$ 76940 Kemp Pieper 2618 Daisy Dr 39000 Corlew Ln Auberry, CA 93602 9408 2/8/2018 77.20$ 1240 Michael McGee 322 S Church Ave 332 S Church Ave Bozeman, MT 59715 9476 12/18/2017 85.20$ 116280 Elaine Hense 3209 Lily Dr 3209 Lily Dr Bozeman, MT 59718 10107 12/14/2017 55.00$ 81810 Chad Tague 311 Mineral Ave 311 Mineral Ave Bozeman, MT 59718 10125 12/18/2017 50.00$ 62590 Scott Lewey 307 Teton Ave 307 Teton Ave Bozeman, MT 59718 10145 12/18/2017 109.12$ 27780 Nicholas Mitchell 544 N Montana Ave 544 N Montana Ave Bozeman, MT 59715 10200 1/22/2018 158.00$ 171870 Benjamin C Dunbar 3811 Renova Ln 3811 Renova Ln Bozeman, MT 59718 10210 1/29/2018 76.00$ 77720 Brian & Lisa Caudill 2513 Daisy Dr 2513 Daisy Dr Bozeman, MT 59718 10215 2/8/2018 55.00$ 161460 Guy Citrin 2780 Sartain St 2780 Sartain St Bozeman, MT 59718 10236 3/2/2018 165.20$ 12000 Lucas, Krump 202 S 8th Ave 203 N Wallace Ave Bozeman, MT 59715 10255 4/11/2018 118.00$ Total Due 3,793.31$ Schedule A DELINQUENT SNOW REMOVAL 155