Regular 4.D.
Regular City Council Meeting
- Meeting Date:
- 09/23/2019
- TITLE
- Public Hearing and Resolution for Abatement Assessments
- PRESENTED BY:
- Andy Zoeller
- Department:
- City Hall Administration
Presentation:
Yes
PROBLEM/ISSUE STATEMENT
A nuisance abatement assessment resolution has been completed by the Finance Department and the assessment is ready to be spread on the tax rolls. The Building at 101 N 24th St had boards and graffiti on several windows, the building has been abandoned for several years. The BMCC allows boards to remain on windows for only 180 days maximum. I contacted the owner in February 2017. Over several months there was no response from the owners to correct the violation. A citation was issued in February 2018 to the registered agent Matt Brosovich the owner is BCMJ LLC. The court issued an abatement order for the violation to allow the City to do the work after three hearings and extensions for the completion of the work for over ten months. The work commenced in June 2019 and was completed July 2019. The work included securing all doors and windows on the west and south side of the building with a clear plexiglass style material, removal of the boarding and covering of graffiti on these areas. The property owner, Mr. Brosovich was sent an invoice in the amount of $9,200.00 for the window work in August, 2019. The bill remains unpaid.
On October 11, 2018, the house on property located at 331 Howard Ave was called in as a complaint for open storage and obstructing the alley. Several notices and pictures where sent to the home owner asking for cleanup. No clean up was made, and the property was becoming more consumed. Code Enforcement contacted the Billings Fire Department, asking for a Marshall to look at the property and advise if it was a fire hazard. Fire Marshall Spini did an inspection and confirmed with all the obstructions of the alley, blvd and yards, this is a fire hazard. Dawn Wilson & David Kahnke were given notices to appear. On March 4, 2019 Municipal Court Judge Sheila Kolar, found in favor of Code Enforcement and gave the defendants 30 days to get the property into compliance with City Codes. On April 2, 2019, the defendants failed to appear at the final Court date, Judge Kolar ordered the abatement. On June 4, 2019 & June 5, 2019 the abatement was completed hauling out almost 28 thousand lbs of junk and debris from the yards, blvd and alley attached to this address. The work was complete on time and in a satisfactory manner on June 5, 2019. The property owner, Ms. Dawn Wilson, was sent an invoice for the work in June, 2019. The $4,156.80 bill remains unpaid.
On October 11, 2018, the house on property located at 331 Howard Ave was called in as a complaint for open storage and obstructing the alley. Several notices and pictures where sent to the home owner asking for cleanup. No clean up was made, and the property was becoming more consumed. Code Enforcement contacted the Billings Fire Department, asking for a Marshall to look at the property and advise if it was a fire hazard. Fire Marshall Spini did an inspection and confirmed with all the obstructions of the alley, blvd and yards, this is a fire hazard. Dawn Wilson & David Kahnke were given notices to appear. On March 4, 2019 Municipal Court Judge Sheila Kolar, found in favor of Code Enforcement and gave the defendants 30 days to get the property into compliance with City Codes. On April 2, 2019, the defendants failed to appear at the final Court date, Judge Kolar ordered the abatement. On June 4, 2019 & June 5, 2019 the abatement was completed hauling out almost 28 thousand lbs of junk and debris from the yards, blvd and alley attached to this address. The work was complete on time and in a satisfactory manner on June 5, 2019. The property owner, Ms. Dawn Wilson, was sent an invoice for the work in June, 2019. The $4,156.80 bill remains unpaid.
ALTERNATIVES ANALYZED
The Council must hold a public hearing and then may:
- Approve the resolution; or
- Not approve the resolution, in which case the property owners will not be assessed, and the General Fund will be responsible for paying for the abatement.
FINANCIAL IMPACT
The assessments total $13,356.80 and will reimburse the General Fund.
RECOMMENDATION
Staff recommends that the City Council conduct a public hearing and pass the attached assessment resolution.