HomeMy WebLinkAboutResolution No. 4286, Delinquent Weed Removal.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Deanna Shannon, Special Assessment/SID Accounting Tech
Laurae Clark, City Treasurer
Chris Kukulski, City Manager
SUBJECT: Resolution 4286 / Delinquent Weed Abatement Charges
MEETING DATE: September 27, 2010
AGENDA ITEM TYPE: Action
RECOMMENDATION: Approve Commission Resolution No. 4286
BACKGROUND: The attached resolution, Resolution 4286,
M.C.A 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.
FISCAL EFFECTS: Recover the charges that have been accrued due to weed abatement
totaling $2,190.00.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 4286
Memo compiled on: September 16, 2010
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COMMISSION RESOLUTION NO. 4286
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 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 2010 as are all other special assessments.
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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, 2010) 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, 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 of the City of Bozeman, 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
delinquent weed cutting and exterminating charges, plus all other costs and expenses incurred thereby,
by the City of Bozeman in Fiscal Year 2010, 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 ten (10) 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 ten (10) days before the date set by
the Commission for hearing of objections and the final adoption of this Resolution.
APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session
thereof held on the 27th day of September, 2010
________________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
______________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
________________________________________
GREG SULLIVAN
City Attorney
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Customer IDName
1856 Baxter Meadows Developoment PO Box 81487 Billings MT 59108
1856 Baxter Meadows Developoment PO Box 81487 Billings MT 59108
1856 Baxter Meadows Developoment PO Box 81487 Billings MT 59108
1856 Baxter Meadows Developoment PO Box 81487 Billings MT 59108
3211 Westworks Building Co PO Box 10053 Bozeman MT 59719
3211 Westworks Building Co PO Box 10054 Bozeman MT 59719
6292 Stephanie Tate 90 W Madison Ave Ste E Belgrade MT 59714
7323 George Trumbell 17308 Elgar Ave Torrance CA 90504
7325 CAVU LLC & ABV INC 13707 Camp Creek Rd ManhattanMT 59741
7329 Capstone Commons LLC 65 Central Ave Ste 11 Bozeman MT 59718
7344 Steve & Nancy Wallace PO Box 4414 Bozeman MTq59772
Mailing Address
Weed Removal
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Service Address Amount Due
3717 Equestrian Ln 135.00$
3731 Equestrian Ln 135.00$
3753 Equestrian Ln 135.00$
3781 Equestrian Ln 135.00$
3360 Warbler Way 225.00$
2756 Catamount 275.00$
1024 Boylan Rd 140.00$
3326 Warbler Way 225.00$
2206-2294 Hoover Way 295.00$
360 Enterprise Blvd 295.00$
401 S Willson Ave 195.00$
TOTAL 2,190.00$
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