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Item 2.
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| City Council Regular | |
| Date: | 02/27/2023 |
| Title: | Public Hearing & Resolution for Nuisance Property Abatement Assessment |
| Presented by: | Andy Zoeller, Finance Director |
| Department: | Finance |
| Presentation: | Yes |
| Legal Review | No |
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing and pass the attached assessment resolution.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
A nuisance property abatement assessment resolution has been completed and the assessment is ready to be placed on the taxes for the following properties.
C09303 For the property located at 3294 Windmill Circle in Billings, MT. A case for open storage, trailer stored and unattached on the street and parking inoperable/junk vehicle in neighborhood residential districts. The case was opened on 12/8/21 and a notice sent on that date. The 1st notice was sent back undelivered, hand delivered the 1st notice to the manager at Marriot Residence Inn 956 S. 25th St W. The manager confirmed that James Mill was a long term resident. There was no change to the property, on 1/5/22 a second notice was hand delivered to 956 S. 25th St W. Continued to make contact with James Mill via phone calls, text messages and in person. On 7/14/22 no progress visible, issued a notice to appear in court on August 3rd at 10:30. Appeared in court proved the case in abstention. On 8/4/22 hand delivered the court ordered abatement to James Mill at 3294 Windmill Circle. On 8/31/22 presented photos in Municipal Court of the unchanged status of 3294 Windmill Circle, the judge signed the court ordered abatement. On 10/5/22 the open storage was abated. The amount of $258.56 is still unpaid.
C00309 For the property located at 824 Dorothy Lane in Billings, MT. A case was started on 8/02/2022 for open storage, junk vehicle, and living in a camper. First notice was also sent out on that date. No progress or compliance was met by next inspection date on 8/15/2022. A second and final notice was sent on 8/17/2022. After the next inspection date there was still no change, so a citation was issued to Robert Morris on 8/29/2022 for a court date on 9/28/2022. Abatement was issued in court on that date and after the 30 day grace period for abatements a walkthrough of the property was done on 10/31/2022 to assess needs for the abatement. An abatement was commenced and finished on 11/02/2022 with the whole entire property cleaned up and multiple trips to recycle metal, and a couple of roll offs going to the landfill. The amount of $1,156.80 is still unpaid.
C09303 For the property located at 3294 Windmill Circle in Billings, MT. A case for open storage, trailer stored and unattached on the street and parking inoperable/junk vehicle in neighborhood residential districts. The case was opened on 12/8/21 and a notice sent on that date. The 1st notice was sent back undelivered, hand delivered the 1st notice to the manager at Marriot Residence Inn 956 S. 25th St W. The manager confirmed that James Mill was a long term resident. There was no change to the property, on 1/5/22 a second notice was hand delivered to 956 S. 25th St W. Continued to make contact with James Mill via phone calls, text messages and in person. On 7/14/22 no progress visible, issued a notice to appear in court on August 3rd at 10:30. Appeared in court proved the case in abstention. On 8/4/22 hand delivered the court ordered abatement to James Mill at 3294 Windmill Circle. On 8/31/22 presented photos in Municipal Court of the unchanged status of 3294 Windmill Circle, the judge signed the court ordered abatement. On 10/5/22 the open storage was abated. The amount of $258.56 is still unpaid.
C00309 For the property located at 824 Dorothy Lane in Billings, MT. A case was started on 8/02/2022 for open storage, junk vehicle, and living in a camper. First notice was also sent out on that date. No progress or compliance was met by next inspection date on 8/15/2022. A second and final notice was sent on 8/17/2022. After the next inspection date there was still no change, so a citation was issued to Robert Morris on 8/29/2022 for a court date on 9/28/2022. Abatement was issued in court on that date and after the 30 day grace period for abatements a walkthrough of the property was done on 10/31/2022 to assess needs for the abatement. An abatement was commenced and finished on 11/02/2022 with the whole entire property cleaned up and multiple trips to recycle metal, and a couple of roll offs going to the landfill. The amount of $1,156.80 is still unpaid.
ALTERNATIVES
City Council may:
- Approve; or,
- Not Approve, in which case the property owners will not be assessed, and the General Fund will be responsible for paying for the abatement.
FISCAL EFFECTS
The assessment total is $1,415.36 and will reimburse the General Fund.