HomeMy WebLinkAbout10 Resolution No. 4479, Weed Mowing
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Carol Neibauer, Assistant Treasurer
Laurae Clark, City Treasurer
Anna Rosenberry, Administrative Services Director
SUBJECT: Resolution 4479 / Delinquent Weed Mowing Charges
MEETING DATE: October 7, 2013
AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 4479
BACKGROUND: The engineering department sends notices to property owners in response to
complaints by citizens regarding the removal of nuisance weeds and grass on 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 owners listed on Schedule A of the attached
resolution have not paid the charges billed to them in FY 13.
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.
77
FISCAL EFFECTS: Recover the charges that have been accrued due to weed abatement
totaling $4,065.98.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 4479
Memo compiled on: September 18, 2013
78
COMMISSION RESOLUTION NO. 4479
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 2013 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, 2013) to the date the assessment is paid.
Section 4
79
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 7th day of October, 2013 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, 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 2013, 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. APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof
held on the 7th day of October, 2013.
______________________________
SEAN A. BECKER
Mayor
ATTEST :
_______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM:
______________________________
GREG SULLIVAN
City Attorney
80
Schedule A
Account IOwner Street Address Mailing Address City, State Zip Cust ID Total Due
196730 ABV Land Development Inc Remainder after Baxter Sq is tak 1627 W Main St Ste 117 Bozeman, MT 59715 7563 $175.00
161180 Baxter Square Partners 2216 Buckrake Ave 1627 W Main St Ste 117 Bozeman, MT 59715 6976 $68.00
161190 Baxter Square Partners 2228 Buckrake Ave 1627 W Main St Ste 117 Bozeman, MT 59715 6976 $34.00
161260 Baxter Square Partners 2234 Buckrake Ave 1627 W Main St Ste 117 Bozeman, MT 59715 6976 $34.00
161330 Baxter Square Partners 2260 Renee Way 1627 W Main St Ste 117 Bozeman, MT 59715 6976 $51.66
161340 Baxter Square Partners 2266 Renee Way 1627 W Main St Ste 117 Bozeman, MT 59715 6976 $51.66
161350 Baxter Square Partners 2274 Renee Way 1627 W Main St Ste 117 Bozeman, MT 59715 6976 $51.66
161270 Baxter Square Partners 2246 Buckrake Ave 1627 W Main St Ste 117 Bozeman, MT 59715 6976 $34.00
141970 Russell Grant Inc 887 St Andrews Dr 509 W Olive St Bozeman, MT 59715 7004 $110.00
185170 Res-MT Oak Meadows LLC 1293 N 12th Ave 850 3rd Ave, Ste 16b New York, NY 10020 7601 $285.12
185180 Res-MT Oak Meadows LLC 1241 N 12th Ave 850 3rd Ave, Ste 16b New York, NY 10020 7601 $357.69
185190 Res-MT Oak Meadows LLC 1271 Manzanita Dr 850 3rd Ave, Ste 16b New York, NY 10020 7601 $70.38
185200 Res-MT Oak Meadows LLC 1233 Manzanita Dr 850 3rd Ave, Ste 16b New York, NY 10020 7601 $68.81
185940 Res-MT Oak Meadows LLC 1288 N 14th Ave 850 3rd Ave, Ste 16b New York, NY 10020 7601 $278.63
185950 Res-MT Oak Meadows LLC 1236 N 14th Ave 850 3rd Ave, Ste 16b New York, NY 10020 7601 $362.38
185210 Res-MT Oak Meadows LLC 1323 Manzanita Dr 850 3rd Ave, Ste 16b New York, NY 10020 7601 $70.61
185220 Res-MT Oak Meadows LLC 1375 Manzanita Dr 850 3rd Ave, Ste 16b New York, NY 10020 7601 $70.38
185960 Res-MT Oak Meadows LLC Oak Meadows Sub Open Space 850 3rd Ave, Ste 16b New York, NY 10020 7601 $55.30
185970 Res-MT Oak Meadows LLC Oak Meadows Sub Open Space 850 3rd Ave, Ste 16b New York, NY 10020 7601 $49.09
185990 Res-MT Oak Meadows LLC Oak Meadown Sub Park 1 850 3rd Ave, Ste 16b New York, NY 10020 7601 $50.36
186000 Res-MT Oak Meadows LLC Oak Meadows Sub Park 2`850 3rd Ave, Ste 16b New York, NY 10020 7601 $8.50
186010 Res-MT Oak Meadows LLC Oak Meadows Sub Park 3 850 3rd Ave, Ste 16b New York, NY 10020 7601 $8.50
186020 Res-MT Oak Meadows LLC Oak Meadows Sub Park 4 850 3rd Ave, Ste 16b New York, NY 10020 7601 $270.25
176430 Jack & Mary Wells 1205 Saxon Way 1205 Saxon Way Bozeman, MT 59718 6007 $140.00
161140 B & B Land Development 2188 Buckrake Ave 12 Pronghorn Trl Bozeman, MT 59718 7576 $31.25
161150 B & B Land Development 2192 Buckrake Ave 12 Pronghorn Trl Bozeman, MT 59718 7576 $31.25
161160 B & B Land Development 2204 Buckrake Ave 12 Pronghorn Trl Bozeman, MT 59718 7576 $31.25
161170 B & B Land Development 2210 Buckrake Ave 12 Pronghorn Trl Bozeman, MT 59718 7576 $31.25
176470 GCL Investments 5739 Saxon Way PO Box 6 Bozeman, MT 59771 7918 $155.00
176480 GCL Investments 5713 Saxon Way PO Box 6 Bozeman, MT 59771 7918 $155.00
176440 Andrew & Sara Larsen 1235 Saxon Way 1121 Saxon Way Bozeman, Mt 59718 8275 $305.00
183960 Rosa Construction 4382 Glenwood Dr 125 Central Ave 1A Bozeman, MT 59718 1109 $99.75
183970 Rosa Construction 4380 Glenwwod Dr 125 Central Ave 1A Bozeman, MT 59718 1109 $75.25
Delinquent Weed Mowing Charges
81
184660 Rosa Construction 4382 Brookside Ln 125 Central Ave 1A Bozeman, MT 59718 1109 $51.53
184670 Rosa Construction 4384 Brookside Ln 125 Central Ave 1A Bozeman, MT 59718 1109 $36.77
186050 Rosa Construction 4386 Brookside Ln 125 Central Ave 1A Bozeman, MT 59718 1109 $36.77
184680 Rosa Construction 4388 Brookside Ln 125 Central Ave 1A Bozeman, MT 59718 1109 $44.75
184690 Rosa Construction 4390 Brookside Ln 125 Central Ave 1A Bozeman, MT 59718 1109 $49.93
184700 Rosa Construction 4392 Brookside Ln 125 Central Ave 1A Bozeman, MT 59718 1109 $36.77
184710 Rosa Construction 4394 Brookside Ln 125 Central Ave 1A Bozeman, MT 59718 1109 $36.77
184720 Rosa Construction 4396 Brookside Ln 125 Central Ave 1A Bozeman, MT 59718 1109 $36.77
184740 Rosa Construction 4398 Brookside Ln 125 Central Ave 1A Bozeman, MT 59718 1110 $64.94
Total $4,065.98
82
City of Bozeman
PUBLIC HEARING NOTICE
Resolution No. 4479
HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4479 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.
NOTICE IS HEREBY GIVEN, that at a regular session of the Commission of the City of
Bozeman held on the 7th day of October 2013, Commission Resolution No. 4479 will be considered and
said Resolution, levies and assesses a special assessment to collect weed cutting or exterminating charges
plus costs and expenses incurred by the City of Bozeman.
That said Commission Resolution No. 4479 is now on file in the office of the Clerk of the
Commission of the City of Bozeman, subject to inspection of all persons interested, for a period of five
(5) days; that Monday, the 7th of October 2013, at 6:00 p.m. of said day at a regular session of the
Commission of the City of Bozeman, in the Commission Room, at City Hall, 121 N Rouse Ave, has been
designated as the time and place when and where said Commission will hear and pass upon any and all
objections that may be made to the final passage and adoption of said Commission Resolution No. 4479
and the levying of said assessment; and that said Resolution will be finally passed and adopted at said
regular session of said Commission, subject to such corrections and amendments that may be made upon
objections.
DATED this 30th day of September, 2013.
83
_______________________________________
STACY ULMEN, CMC
CITY CLERK
Publish: Wednesday, October 2, 2013 Sunday, October 6, 2013
84