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Item 2.
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| City Council Regular | |
| Date: | 12/12/2022 |
| 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.
(A14126) For the property located at 3714 5th Ave. S. in Billings, MT. A case for open storage and decaying structure was opened on 8/25/22. 1st Notice was sent on that date. There was no change to the property and the 2nd and final notice was sent on 10/7/22. I also made contact with the responsible party for the property, Jay Cleveland, and physically handed him the Final Notice and offered him a Voluntary Abatement for the property and informed him that he would be responsible for the bill. He agreed to the abatement but stated he wouldn’t be paying the bill. As of this date he has made no attempt to pay. The abatement was performed on 10/12/22 including removal of all junk/open storage, mowing of the property and professional boarding of the structure. The bill for this was also presented to the attorney for the mortgage company and he stated he would advise his client to not pay the bill and have it assessed to the taxes as there is a public auction scheduled for 2/3/23. Mr. Cleveland was invoiced for the abatement on 10/27/22. The amount of $4,646.30 is still unpaid.
(A03432) For the property located at 835 Miles Ave. in Billings, MT. The property had received several complaints of open storage and junk vehicles. Ofc. Morgan opened a case on this property on 6/2/22 for the violations of junk vehicles, open storage of junk, obstruction of a public right of way, trailer parking in public right of way. The 1st notice was sent on 6/2/22. There was no change to the condition of the property so a citation was issued on 7/7/22. On 8/3/22 Ofc. Morgan appeared in court and proved his case obtaining an order to abate the property which he personally served on the property owner on 8/4/22. After waiting the required 30 days to execute the abatement, the property was abated and an abatement bill of $9,500.00 was issued on 9/7/22. The property owner, Jerome Kautzman, was presented with the bill and has made no attempts to pay as of this date. The amount of $9,500.00 is still unpaid.
(A14126) For the property located at 3714 5th Ave. S. in Billings, MT. A case for open storage and decaying structure was opened on 8/25/22. 1st Notice was sent on that date. There was no change to the property and the 2nd and final notice was sent on 10/7/22. I also made contact with the responsible party for the property, Jay Cleveland, and physically handed him the Final Notice and offered him a Voluntary Abatement for the property and informed him that he would be responsible for the bill. He agreed to the abatement but stated he wouldn’t be paying the bill. As of this date he has made no attempt to pay. The abatement was performed on 10/12/22 including removal of all junk/open storage, mowing of the property and professional boarding of the structure. The bill for this was also presented to the attorney for the mortgage company and he stated he would advise his client to not pay the bill and have it assessed to the taxes as there is a public auction scheduled for 2/3/23. Mr. Cleveland was invoiced for the abatement on 10/27/22. The amount of $4,646.30 is still unpaid.
(A03432) For the property located at 835 Miles Ave. in Billings, MT. The property had received several complaints of open storage and junk vehicles. Ofc. Morgan opened a case on this property on 6/2/22 for the violations of junk vehicles, open storage of junk, obstruction of a public right of way, trailer parking in public right of way. The 1st notice was sent on 6/2/22. There was no change to the condition of the property so a citation was issued on 7/7/22. On 8/3/22 Ofc. Morgan appeared in court and proved his case obtaining an order to abate the property which he personally served on the property owner on 8/4/22. After waiting the required 30 days to execute the abatement, the property was abated and an abatement bill of $9,500.00 was issued on 9/7/22. The property owner, Jerome Kautzman, was presented with the bill and has made no attempts to pay as of this date. The amount of $9,500.00 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 $14,146.30 and will reimburse the General Fund.