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Home My WebLink About10-07-19 City Commission Packet Materials - A3. Res 5075, Delinquent Snow Removal Charges for FY20 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bernie Massey, Assistant Treasurer Laurae Clark, City Treasurer Kristin Donald, Finance Director SUBJECT: Resolution 5075 / Delinquent Snow Removal Charges MEETING DATE: October 7, 2019 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No.5075 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 19. 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. 162 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 $4,139.50. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution 5075 Memo compiled on: September 25, 2019 163 Page 1 of 4 RESOLUTION NO. 5075 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: 164 Resolution 5075, Levying and Assessing Delinquent Snow Removal Charges for FY20 Page 2 of 4 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 2019 as are all other special assessments. 165 Resolution 5075, Levying and Assessing Delinquent Snow Removal Charges 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, 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 defray the cost and expense for the removal of snow and ice that occurred in Fiscal Year 2019 from specified sidewalks in the City of Bozeman, 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. 166 Resolution 5075, Levying and Assessing Delinquent Snow Removal Charges 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 167 Schedule A FY20 LID Owner Service Address Mailing Address City,State,Zip MR Acct #Transaction Date Amount Due 19670 Angel, Samuel 901 W Lamme St 901 W Lamme St Bozeman, MT 59715 10361 1/9/2019 $369.75 10444 Baumgardner Rental 1085 Rosa Way 32384 N Finley Point Rd Polson, MT 59860 10444 3/7/2019 $472.50 65810 Brandenburger, Michelle 302 E Granite Ave 302 E Granite Ave Bozeman, MT 59715 4524 1/19/2019 $435.00 177440 Bronken, Casey M 824 Flanders Creek Ave 824 Flanders Creek Ave Bozeman, MT 59718 10442 3/27/2019 $180.00 3380 Castls MT1 LLC 401 S Tracy Ave 401 S Tracy Ave Bozeman, MT 59715 10436 3/30/2019 $510.00 17410 Greef, Sonya Rae 1204 W Story St 3334 W Babcock St Unit D Bozeman, MT 59718 10351 1/16/2019 $378.00 182110 Krotik, Barton, Cynthia & Regan 3836 Potosi St 3836 Potosi St Bozeman, MT 59718 10443 3/27/2019 $60.00 19170 Lindeen, James Alan 516 S 11th Ave 2050 Pacific Beach Dr #307 San Diego, CA 92109 9406 3/24/2019 $135.00 17750 Lindemulder, Marilyn 924 W Babcock St 782 Springhill Ln Bozeman, MT 59715 10406 3/26/2019 $225.00 19930 McDaniel, Delmar 404 S 11th Ave 144 Whetstone Dr Mocksville, MC 27028 8629 12/17/18, 1/10/19, 3/24/19 $973.75 178790 Murray, Brandy 1897 Buckrake Ave 9775 Qual Ln Bozeman, MT 59715 10441 3/27/2019 $67.50 39550 Storb, Meryl Biestiot 2012 S Black Ave Unit A 2012 S Black Ave Unit A Bozeman, MT 59718 10369 1/8/2019 $333.00 $4,139.50 DELINQUENT SNOW REMOVAL 168