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HomeMy WebLinkAbout10-07-19 City Commission Packet Materials - A2. Res 5074, Delinquent Sidewalk Install or Repair Charges for FY20 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Kristin Donald, Finance Director SUBJECT: Resolution #5074 / Delinquent Sidewalk Installation or Repair MEETING DATE: October 7, 2019 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 5074. BACKGROUND: The City Engineering Department sent letters to property owners in June of 2016 notifying them of the need to repair, maintain or install the sidewalk on their property per (Section 34.04.020 of the BMC). They were given until November 30, 2017 to complete the repairs or replace their sidewalk. They were notified that sidewalks in need of repair after that date would be repaired by the City of Bozeman, with the cost of the repairs to be assessed against the property. Customers were billed in late fall of 2018 for actual costs incurred. We are working with many customers, allowing them to make monthly payments against their balance due. The accounts listed in Schedule A have either not made consistent monthly payments, or have made no payment to date. FISCAL EFFECTS: Recover the charges that have been incurred due to sidewalk installation and/or repair totaling $1,122.80. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution No. 5074 Report compiled on: September 18, 2019 156 Page 1 of 4 RESOLUTION NO. 5074 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 REPAIR, MAINTENANCE AND INSTALLATION OF SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 34.04 OF THE CITY OF BOZEMAN MUNICIPAL CODE. WHEREAS, Chapter 34.04 of the Bozeman Municipal Code provides that every person with property abutting and fronting upon any street or alley within the corporate limits of the City are required to keep the public sidewalks immediately abutting their property in good order and repair; and WHEREAS, Chapter 34.04 of the Bozeman Municipal Code provides that the City may, at its discretion, through the director of public works, notify such owner that repairs are necessary to put such sidewalk in good order and such owner shall, within 30 days after such notification, under the supervision of the director of public works, complete such repairs, as specified in such notice. If the person fails to make the required repairs, the City may repair same and pay for such repairs. The amount so paid by the City shall be a lien upon the lot; and WHEREAS, Chapter 7-14-4122 of the Montana Code Annotated provides that if the owner of any lot fails to comply with the provisions of the ordinance within such time as may be prescribed thereby, the council may contract for the construction and repair of such sidewalks, pavements, curbs, gutters, or any combination thereof and the city or town may pay for the same. 157 Resolution 5074, Levying and Assessing Delinquent Sidewalk Install and Repair for FY20 Page 2 of 4 The amount so paid is a lien upon the lot and may be enforced or the amount may be recovered against the owner by a suit before any court of competent jurisdiction. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That to recover the costs of repairing sidewalks which were not completed by November 30, 2017 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 34.04 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 repair of sidewalks in the City of Bozeman shall be the cost of such work, including administrative and enforcement costs if accrued. Section 3 That this assessment be levied and be billed in October 2019 as are all other special assessments. 158 Resolution 5074, Levying and Assessing Delinquent Sidewalk Install and Repair for FY20 Page 3 of 4 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, 2019) 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 Montana State University Strand Union Building, Ballroom C, 751 West Grant Street, Bozeman, Montana, on the 7th day of October 2019, 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, 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 recover the costs for repair or replacement of sidewalks in the City of Bozeman in Fiscal Year 2019, 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. 159 Resolution 5074, Levying and Assessing Delinquent Sidewalk Install and Repair for FY20 Page 4 of 4 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of October, 2019. ___________________________________ CHRIS MEHL Deputy Mayor ATTEST: _____________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 160 Schedule A FY20 Acct #Owner Service Address Address City,State,Zip MR Acct #Transaction Date Total Due 21910 Barbieri, James/Kaitlyn 1810 W Olive St Unit 2-C PO Box 205 Onyx, CA 93255 10311 Aug/Sept 2018 $132.15 21860 Schroeder, Adrienne & David 1810 W Olive St Unit 2-A 226 S Bozeman Ave Bozeman, MT 59715 10309 Aug/Sept 2018 $132.15 21450 Smith, Elizabeth 1607 W Olive St 2770 Hidden Valley Rd La Jolla, CA 92037 10307 Aug/Sept 2018 $858.50 $1,122.80 DELINQUENT SIDEWALK REPAIR 161