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HomeMy WebLinkAbout21. Resolution 4563 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 4563 / Delinquent Snow Removal Charges MEETING DATE: October 6, 2014 AGENDA ITEM TYPE: Action RECOMMENDATION: Approve Commission Resolution No.4563 BACKGROUND: The Code Compliance Officer 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 14. 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. 228 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 $1,391.26. ALTERNATIVES: As suggested by the City Commission. Attachments: Resolution 4563 Memo compiled on: September 24, 2014 229 COMMISSION RESOLUTION NO. 4563 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 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 230 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 2014 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, 2014) 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 6th day of October 2014, 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 2014, 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. 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 A KRAUSS Mayor ATTEST : _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ______________________________ GREG SULLIVAN City Attorney N O T I C E 231 HEARING ON FINAL ADOPTION OF COMMISSION RESOLUTION NO. 4563 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 2014 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 to be held on the 6th day of October 2014, Commission Resolution No. 4563 will be considered; 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 2014, upon all property to which such service was rendered. That said Commission Resolution No. 4563 is now on file in the office of the City 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 6th of October 2014, 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. 4563 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 6th day of October, 2014. ____________________________________________ STACY ULMEN, CMC CITY CLERK Publish: Sunday, September 28, 2014 Wednesday, October 1, 2014 232 Schedule A Current Owner Service Address Mailing Address City, State Zip MR Account #TX Account #Amount Due Michelle Brandenburger 302 E Granite Ave 302 E Granite St Bozeman, MT 59718 4524 65810 $231.25 Jeremy Thielbahr 3133 Cameahwait St 3133 Cameahwait St Bozeman, MT 59718 4771 106940 $36.25 Angela Hager 3145 Cameahwait St 3145 Cameahwait St Bozeman, MT 59718 4772 106950 $50.00 Melody Corbin 6108 Masters Way 2614 Lily Dr Alpharatta, GA 30005 5573 76400 $71.25 Kevin & Kara Nessland 513 N 23rd Ave 411 Mountain Vista Way Kalispell, MT 59901 5608 79190 $70.00 Dean Roberts & Steve James 1104 W Koch St 100 Stoney Hill Dr Folsom, CA 95630 8353 17030 $185.63 Paul Borgeson 2518 Landoe Ave 2518 Landoe Ave Bozeman, MT 59715 8391 37700 $62.50 Andrew Garaventa 401 Westridge Dr 2540 Bates Ave Concord, CA 8609 36600 $43.75 Andrew Ergenbright 303 N 17th Ave 1119 Roosevelt Trl Nashua, MT 59248 8622 44140 $204.38 Matthew N Paine 515 S Black Ave 103 Alton Way Bozeman, MT 59718 8665 3550 $91.25 Rebecca Brown 3604 Laredo Dr 3604 Laredo Dr Bozeman, MT 59718 8680 76500 $48.75 Thomas Metcalf 2106 Buckrake Ave 2106 Buckrake Ave Bozeman, MT 59718 8690 161060 $40.00 Derrick Chen & Mary Eiger 2902 Farmall St 2902 Farmall St Bozeman, MT 59718 8695 102600 $256.25 Total $1,391.26 Delinquent Snow Removal Charges 233