HomeMy WebLinkAbout20. Resolution 4562
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 4562 / Delinquent Weed Mowing Charges
MEETING DATE: October 6, 2014
AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No. 4562
BACKGROUND: The Code Compliance Officer sends notices to property owners in response
to complaints by citizens regarding the removal of nuisance weeds and grass on or near 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 owner listed on Schedule A of the
attached resolution has not paid the charges billed to them in FY 14.
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.
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FISCAL EFFECTS: Recover the charges that have been accrued due to weed abatement
totaling $420.00.
ALTERNATIVES: As suggested by the City Commission.
Attachments: Resolution 4562
Memo compiled on: September 24, 2014
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COMMISSION RESOLUTION NO. 4562
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.
Page 1 of 2
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Resolution 4562, Delinquent Weed Charges
Section 2
That this assessment be levied and billed in October 2014 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, 2014) 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, on the 6th day of October, 2014 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 2014, 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 6th day of October, 2014.
______________________________ JEFFREY K. KRAUSS Mayor
ATTEST:
_______________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
______________________________
GREG SULLIVAN City Attorney
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Schedule A
Current Owner Service Address Mailing Address City, State Zip MR Account #TX Account #Total Due
Baxter Square Partners Remainder after Baxter Sq is taken out-Tract 12, 2.58 Ac 1627 W Main St Ste 117 Bozeman, MT 59715 8491 196730 $420.00
Total $420.00
Delinquent Weed Mowing Charges
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