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HomeMy WebLinkAbout9 Resolution No. 4478, Snow Removal 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 4478 / Delinquent Snow Removal Charges MEETING DATE: October 7, 2013 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 4478 BACKGROUND: The engineering department 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 13. 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. 68 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 $694.75. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution 4478 Memo compiled on: September 18, 2013 69 Page 1 of 4 COMMISSION RESOLUTION NO. 4478 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: 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 Page 2 of 4 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 2013 as are all other special assessments. 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, 2013) 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 Commission Room in the City Hall of said City on the 7th day of October 2013, 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 Clerk of the Commission 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 Clerk of the Commission, stating that a Resolution levying and assessing a special assessment to defray the cost and expense for the removal of snow and ice from specified sidewalks in 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 Clerk of the Commission 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. Page 3 of 4 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 Schedule A Current Owner Service Address Service Date Mailing Address City,State Zip MR Account #TX Account #Total Due Steven & Nancy Wallace 401 S Willson Ave 3/1/2013 733 Lexco Rd Moriarty, NM 87035 7344 4500 $247.50 Pricilla Binco 621 S 12th Ave 2/6/2013 256 Hidden Valley Dr Bozeman, MT 59718 8360 17490 $216.00 Gabriele Heuer 1210 S Montana Ave 2/6/2013 1346 N Mccadden Hollywood, CA 90028 8362 48620 $105.00 Paolo Marchesi 412 W Dickerson St 3/1/2013 1627 W Main St #187 Bozeman, MT 59715 8375 13140 $65.00 Paul Borgeson 2518 Landoe Ave 3/1/2013 2518 Landoe Ave Bozeman, MT 59715 8391 37700 $61.25 Total $694.75 Delinquent Snow Removal Charges 75 N O T I C E HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4478 LEVYING A SPECIAL ASSESSMENT TO DEFRAY THE COST FOR THE REMOVAL OF SNOW AND ICE FROM SPECIFIED SIDEWALKS IN THE CITY OF BOZEMAN IN FISCAL YEAR 2013 AGAINST PROPERTY IN THE CITY OF BOZEMAN TO WHICH SUCH SERVICE WAS RENDERED. 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. 4478 was provisionally passed and adopted; that said Resolution levies and assesses a special assessment to defray the cost for the removal of snow and ice from sidewalks in the City of Bozeman in Fiscal Year 2013, upon all property to which such service was rendered. That said Commission Resolution No. 4478 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. 4478 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 7th day of October, 2013. ____________________________________________ STACY ULMEN, CMC CITY CLERK Publish: Sunday, September 28, 2013 Wednesday, October 2, 2013 74