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HomeMy WebLinkAboutResolution 5283 Delinquent Snow RemovalVersion April 2020 RESOLUTION 5283 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, to wit: 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 DocuSign Envelope ID: 4FD81DCE-C64E-4E91-8F9A-2E8593F75964 Version April 2020 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 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 2020 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, 2020) 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 5th day of October 2021, 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 City Clerk of the City of Bozeman, has published 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 defray the cost and expense for the DocuSign Envelope ID: 4FD81DCE-C64E-4E91-8F9A-2E8593F75964 Version April 2020 removal of snow and ice that occurred in Fiscal Year 2021 from specified sidewalks in the City of Bozeman, 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. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of October 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 4FD81DCE-C64E-4E91-8F9A-2E8593F75964 Schedule A FY 22 LID Owner Service Address Mailing Address City State ZIP MR Acct #Amount Due 64390 MORECZ, JENNIER 303 PONDERA AVE 303 PONDERA AVE BOZEMAN, MT 59718 4458 $478.00 30740 LATSON, KEITH & KRISTINE HANSEN 315 N BOZEMAN 3131 MCKINNEY AVE STE 502 DALLAS, TX 75204 8340 $240.00 8320 LONESTAR PROPERTIES LLC 1223 S GRAND AVE 22 HAP TREES RD FISHTAIL, MT 59028 8604 $450.00 92560 SANDERS, SHANE & AMY 913 W STORY ST 4129 HUCKLEBERRY DR GREAT FALLS, MT 59404 8626 $649.50 19400 MARCHESI, PAOLO 517 S 14TH AVE 1627 W MAIN ST PMB 187 BOZEMAN, MT 59715 9282 $229.50 5440 WATERS, RYAN & JENNIFER FREE 1422 S WILLSON AVE 717 SE 48TH AVE PORTLAND, OR 97215 9400 $373.00 32770 VICIEDO, DAVID & JENNIFER KIRK 428 N WALLACE AVE 428 N WALLACE AVE BOZEMAN, MT 59715 9684 $206.40 20720 COWDREY, MARVIN & JUDY 315 S 15TH AVE 32300 E FRONTAGE RD BOZEMAN, MT 59715 9845 $943.50 62590 LEWEY, SCOTT 307 TETON AVE 307 TETON AVE BOZEMAN, MT 59718 10145 $327.50 43640 ZAHN, MORRIS 1806 DURSTON RD 1806 DURSTON RD BOZEMAN, MT 59715 10846 $543.10 184230 SHARP, SCOTT E 3315 S 27TH AVE 3315 S 27TH AVE BOZEMAN, MT 59718 10849 $240.00 123510 STANLEY, CLINT 3103 HILLCREST DR 3103 HILLCREST DR BOZEMAN, MT 59715 10855 $471.00 78670 ANDREAS, ELIZABETH & JOSHUA LICHTY 2602 GOLDENROD LN 2602 GOLDENROD LN BOZEMAN, MT 59718 10866 $247.00 77730 WALKER, WALLACE & RANA 2509 DAISY DR 2509 DAISY DR BOZEMAN, MT 59718 10867 $663.50 12780 TESTER LIVING TRUST, SUE H 516 W HAYES ST 6330 ALAMOSA LN BOZEMAN, MT 59718 10908 $205.00 44570 DIETSCH, WYATT HULL 107 S 20TH AVE 107 S 20TH AVE BOZEMAN, MT 59718 10925 $285.50 Total as of 10/05/21 $6,552.50 DELINQUENT SNOW REMOVAL DocuSign Envelope ID: 4FD81DCE-C64E-4E91-8F9A-2E8593F75964