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HomeMy WebLinkAbout10-01-18 City Commission Packet Materials - A5. Res. 4935 Delinquent Weed Mowing 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 4935 / Delinquent Weed Mowing Charges MEETING DATE: October 1, 2018 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 4935 BACKGROUND: The Code Compliance Officer sends notices to property owners in response to complaints by citizens regarding the removal of nuisance weeds and grass on or near their properties. If the owners do not respond to the notice by the date indicated, the city contracts for the removal of the weeds and grass on their behalf. The property owners are then billed for the actual costs incurred by the City of Bozeman. The property owner listed on Schedule A of the attached resolution has not paid the charges billed to them in FY18. BMC 7-22-4101. Control of nuisance weeds within municipality. (1) The city or town council has power to: (a) declare and determine what vegetation within the city or town shall be nuisance weeds; (b) provide the manner in which they shall be exterminated; (c) require the owner or owners of any property within said city or town to exterminate or remove nuisance weeds from their premises and the one-half of any road or street lying next to the land or boulevard abutting thereon; and (d) provide, in the event the owner or owners of any of said premises neglect to exterminate or remove the nuisance weeds therefrom, for levying the cost of such extermination or removal as a special tax against the property. (2) A noxious weed as defined in 7-22-2101 may not be declared a nuisance weed under this section. 156 FISCAL EFFECTS: Recover the charges that have been accrued due to weed abatement totaling $65.00. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution 4935 Memo compiled on: September 18, 2018 157 Page 1 of 3 COMMISSION RESOLUTION NO. 4935 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, TO COLLECT WEED CUTTING OR EXTERMINATING CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-22- 4101, MONTANA CODE ANNOTATED AND CHAPTER 8.36 OF THE BOZEMAN MUNICIPAL CODE. WHEREAS, Section 7-22-4101, Montana Code Annotated, and Chapter 8.36 of the Bozeman Municipal Code require the owner of any property within the city to exterminate or cut nuisance weeds from and alongside their premises; and WHEREAS, Section 7-22-4101, Montana Code Annotated, and Chapter 8.36 of the Bozeman Municipal Code provide that in the event the owner of said premises neglects to exterminate or remove weeds therefore, a special assessment shall be made, levied and collected for the costs of cutting or exterminating said weeds. NOW, THEREFORE, BE IT RESOLVED by the Commission of the City of Bozeman, State of Montana: Section 1 That to collect weed extermination and cutting charges, an assessment is hereby levied against the responsible 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 hereof. A particular description of each lot and parcel of land with the name of the owner and/or owners and the delinquent sum assessed against the same is set forth 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 158 Resolution 4935, Levying and Assessing Delinquent Weed Mowing Resolution for FY19 Page 2 of 3 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 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 this assessment be levied and billed in October 2018 as are all other special assessments. Section 3 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 is paid. Section 4 That the regular session of the Commission of the City of Bozeman, Montana, to be held in the City Commission Room, 121 N Rouse Ave., Bozeman, Montana, on the 1st day of October, 2018 at 6:00 p.m., is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 5 That the City Clerk, 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 collect delinquent weed cutting and exterminating charges, plus all other costs and expenses incurred thereby, by 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 159 Resolution 4935, Levying and Assessing Delinquent Weed Mowing Resolution for FY19 Page 3 of 3 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 160 FY19 Acct #Owner Service Address Mailing Address City,State,Zip MR Acct #Transaction Date Amount Due 770 Eun Sil Kim 712 E Main St 2302 Spring Creek Dr Bozeman, MT 59715 10057 8/20/2017 65.00$ Total Due 65.00$ DELINQUENT WEED MOWING Schedule A 161