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Regular   7.
Regular City Council Meeting
Meeting Date:
09/28/2020
TITLE
Public Hearing & Resolution for Nuisance Property Abatement Assessments
PRESENTED BY:
Andy Zoeller
Department:
Finance

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 assessments are ready to be placed on the tax rolls for the following properties.

420 Jackson Street, Tax ID D01621
This was a court-ordered abatement for accumulation of junk vehicles and debris. The Municipal Court Abatement Order was signed on May 28, 2020. (Docket #TK-18-7317). The case on the property started in May 2018 after a complaint to the Code Enforcement Division. A citation to the owner was written in June 2018. After several hearings and status updates, the Court signed an abatement warrant to allow the City to cleanup the property.  The City contracted with Hanser’s Towing, Recovery & Remediation to perform the abatement work. The cleanup was done on July 13, 2020. On August 28, 2020, the owner was provided an invoice to pay for the cleanup. The owner has not paid the invoice. The invoiced charges for the property cleanup total $6,257.50. 
 
 
114 S. 29th Street, Tax ID A00914
In December 2017, the City was issued a warrant by Municipal Court to enter the apartment building and inspect for dangerous conditions that would endanger human occupants of the structure. The City filed its report with the Court in January 2018, with a finding of numerous life safety violations in the building. The City filed a Nuisance civil action against the property. After trial, on November 5, 2019, the Municipal Court ordered the vacation of the building and demolition of the dangerous structure.  The abatement of the property included a pre-demolition cleanup of the yards, removing junk and debris in February 2020. The next step included a pre-demolition asbestos survey of the structure. Asbestos was found and was required to be removed before demolition. The demolition occurred in April 2020. The total cost of the property abatement is $23,181.79. The statutory limit on a judgment from Municipal Court is $9,500. The property owner was provided an invoice for the statutory limit of $9,500 on June 4, 2020. The invoice remains unpaid.
 
 
118 S. 29th Street, Tax ID A00913
In November 2016, the Code Enforcement Division initiated a case on a burned structure at 118 S. 29th Street. The owner of this property is the same owner of the property at 114 S. 29th Street. The City filed a court case against the owner in 2019 after he failed to cleanup the property and demolish the burned structure. On August 8, 2019, the Municipal Court issued an Order of Abatement and Warrant of Entry.  A pre-demolition cleanup of the yards was done in February 2020, along with a pre-demolition asbestos survey. Asbestos was found so an asbestos-safe demolition was required. The demolition was completed in April 2020. An invoice for the statutory limit of $9,500 was sent to the property owner in June 2020. The actual cost of the cleanup and abatement was $22,610.21. The invoice remains unpaid.
 
206 S. 30th Street, Tax ID A01316 
206 S. 30th Street is a vacant home where doors and windows are boarded. There was significant deterioration of the building. Code Enforcement initiated the case in December 2016. A citation was issued for a dangerous structure in June 2019. The Municipal Court issued an Order of Abatement and Warrant of Entry on November 13, 2019. The City performed a pre-demolition asbestos survey in May 2020. The City is not moving forward at this time with a demolition as the owner is actively negotiating a sale of the property to a new owner. The total cost of the pre-demolition survey and Code Enforcement securing the structure is $4,137.99. The property owner was sent an invoice for this amount on July 31, 2020.  The invoice remains unpaid.
 
213-215 S. 30th Street, Tax ID A01096 
This property has three dangerous structures and a Code Enforcement case was initiated in May 2019. A citation to court was issued in June 2019. Municipal Court issued an Order of abatement and Warrant of Entry on December 9, 2019. The City performed a pre-demolition asbestos survey in May 2020. The owner of 206 S. 30th Street owned these properties as well. The City is not moving forward at this time with a demolition as there is a new owner of the property. An invoice was sent to the previous owner on July 31, 2020. The property was sold to a new party in June 2020. Code Enforcement informed the new owner of the pending charges. A formal invoice was sent to the new owner. The cost of the pre-demolition asbestos survey for the three structures at 213 S. 30th Street is $7,837.90. The invoice remains unpaid.

ALTERNATIVES

City Council may:
  • Approve, or;
  • Disapprove, 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 assessments total $37,233.39 and will reimburse the General Fund.

Attachments