HomeMy WebLinkAboutResolution No. 4191 - Assessment of Delinquent Sidewalk Repair Charges
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Clerk
Laurae Clark, City Treasurer
Chris Kukulski, City Manager
SUBJECT: Resolution 4191 / Assessment for Delinquent Sidewalk Repair
MEETING DATE: September 28, 2009
BACKGROUND: The attached resolution, Resolution 4191,
12. 20. 035 Repair of Sidewalks by Abutting Owners - Failure to Repair
All owners or agents of owners 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. Each such owner shall be liable to the City for all losses to the
City or recoveries from the City for damages to person or property of others caused by his failure or
that of his agents to repair and keep in good order and reasonably safe condition all such sidewalks
abutting and fronting his property within the corporate limits of the city. The City may at its discretion
through the Director of Public Service notify such owner that repairs are necessary to put such
sidewalk in good order and such owner shall within thirty days after such notification under the
supervision of the Director of Public Service 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 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 (Ord. 1300 § 1, 1990;
Ord. 1235 § 3, 1987)
RECOMMENDATION: Adopt Commission Resolution No. 4191.
FISCAL EFFECTS: Recover the charges that have been accrued due to sidewalk repair.
ALTERNATIVES: As suggested by the City Commission.
Attachment: Resolution No. 4191
Report compiled on: September 18, 2009
105
COMMISION RESOLUTION NO. 4191
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 SIDEWALK REPAIR CHARGES PLUS COSTS AND
EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED
FOR IN CHAPTER 12.20 OF THE BOZEMAN MUNICIPAL CODE.
WHEREAS, Chapter 12.20 of the Bozeman Municipal Code requires the owner
of any property within the city to maintain the sidewalk adjacent to the property in good
repair; and
WHEREAS, Chapter 12.20 of the Bozeman Municipal Code provides that, in the
event the owner of said premises neglects to maintain the sidewalk in good repair, a
special assessment may be made, levied and collected for repairs to the sidewalk.
NOW, THEREFORE, BE IT RESOLVED and it is hereby ordered by the
Commission of the City of Bozeman, State of Montana:
Section 1
That to collect sidewalk repair 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 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.
106
Section 2
That this assessment be levied and billed in October 2009 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, 2009) 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 at City Hall 121 N Rouse Ave in the commission room on the 28th of September
2009, at 6:00 o’clock p. m., and the same 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 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 City Clerk, stating that a
Resolution levying and assessing a special assessment to collect sidewalk repair charges,
plus the costs and expenses incurred thereby, in the City of Bozeman in Fiscal Year 2009,
against the property of which such service was rendered, is on file in the office of the
City Clerk; 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.
PASSED AND ADOPTED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 28th of September 2009.
____________________________________
KAAREN JACOBSON
Mayor
ATTEST:
______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
107
NOTICE
HEARING ON ADOPTION OF COMMISSION RESOLUTION NO. 4191
LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON
CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN,
TO COLLECT SIDEWALK REPAIR CHARGES PLUS COSTS AND
EXPENSES INCURRED BY THE CITY OF BOZEMAN FOR FISCAL
YEAR 2009, UPON ALL PROPERTY TO WHICH SUCH SERVICES WAS
RENDERED.
NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of
the City of Bozeman will be held on Monday, September 28, 2009, at 6:00 o’clock p. m.,
at City Hall, Commission Room, 121 N Rouse Ave, to pass and adopt Resolution that
levies and assesses a special assessment to collect delinquent sidewalk repair charges in
the City of Bozeman for Fiscal Year 2009, upon all property to which such service was
rendered.
DATED this September 13, 2009
STACY ULMEN
City Clerk
108
Owner Property Address Customer #Amount Due
Alan & Cindy Leak 645 St Andrews Dr 3884 2,827.50$
Russell - Grant Inc 887 St Andrews Dr 7004 3,029.77$
Total 5,857.27$
Sidewalk Repair
109