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File #: 08-0897    Version: 1 Name: 100608 - 08 Delinquent Sidewalk Charges
Type: Resolution Status: Defeated
File created: 10/6/2008 In control: City Council
On agenda: 10/6/2008 Final action: 10/6/2008
Enactment date: Enactment #:
Title: Resolution to Transfer Delinquent Sidewalk Improvement Charges to the 2008 City Tax Roll (Deleted from the agenda on 10/6/08)
Attachments: 1. Schedule A 2008 Winter (6).xls
Title
Resolution to Transfer Delinquent Sidewalk Improvement Charges to the 2008 City Tax Roll (Deleted from the agenda on 10/6/08)
Memorandum
We recommend your approval of the attached resolution to add delinquent sidewalk improvement charges to the 2008 Winter tax rolls as a special assessment with a 10% penalty, in accord with Section 1.292 of the City Code.
 
The properties listed in Schedule A (attached) are in violation of City Ordinance Code: Chapter 49, Section 4:58, which requires all sidewalks within the City to be maintained in good repair by the owner of the land.  The City as required by Code has completed the work required to bring these properties into compliance.  Invoices were issued to the property owners, which to date have not been paid.  The property owners have been properly notified of the special assessments.
 
Passage of this resolution will permit the inclusion of these fees on the next tax roll.
Staff
Prepared by:     Marti Praschan, Financial Manager
Reviewed by:       Sue F. McCormick, Public Services Administrator
Approved by:       Roger W. Fraser, City Administrator
Body
Whereas, On September 8, 2008, there were unpaid charges for sidewalk maintenance to properties within the City;
 
Whereas, Section 1:292 of the Ann Arbor City Code provides for assessment upon the tax roll for the respective lot or tax parcel for charges which have not been paid in full;
 
Whereas, Owners of the respective lots or tax parcels, having been previously invoiced and the charges remaining unpaid, were mailed a certified notice that the City Treasurer would request City Council to adopt a resolution placing a special assessment upon the lot or tax parcel for the delinquent sidewalk maintenance charges unless the delinquent charges were paid in full by October 10, 2008; and
 
Whereas, The notice period specified by City Code has lapsed and a list of the remaining unpaid charges has been filed with the City Clerk, a copy of which is attached to and incorporated in this resolution as Schedule A;
 
RESOLVED, That City Council approve a levy as a special assessment against each lot or tax parcel listed on Schedule A. The unpaid charge for sidewalk maintenance charges together with a penalty of ten percent (10%) of the amounts, against the lots or tax parcels chargeable on the tax roll, subject to the following in accordance with Section 1:292 of the Ann Arbor City Code:
 
1.      The City Treasurer shall confirm that the unpaid charges on Schedule A remain outstanding as of the date of adoption of this resolution, and if necessary make revisions to Schedule A to reflect any payments made between the notice deadline and the date of adoption of this resolution.
2.      The City Clerk shall publish in a newspaper of general circulation or send notice by first class mail stating the basis of the assessment, the amount to be assessed against each lot or tax parcel on Schedule A, and a time, not less than 30 days within which payment shall be made to the City Treasurer;
3.      The City Treasurer shall, after the lapse of the time specified in item 2 above, the charge for each lot or tax parcel, the delinquent amount, and the penalty on the 2007 City tax roll to be collected in the same manner as general City taxes; and
 
RESOLVED, That the City Administrator be authorized to take the necessary actions to implement this resolution.