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File #: 21-1601    Version: 1 Name: 10/4/21 Resolution Levying Certain Delinquent Municipal Solid Waste, Board Up, Clean Up, Vacant Property Inspection Fees, Housing Inspection Fees, and Fire Inspection Fees as Special Assessments and Ordering Collection Thereof
Type: Resolution Status: Passed
File created: 10/4/2021 In control: City Council
On agenda: 10/4/2021 Final action: 10/4/2021
Enactment date: 10/4/2021 Enactment #: R-21-373
Title: Resolution Levying Certain Delinquent Municipal Solid Waste, Board Up, Clean Up, Vacant Property Inspection Fees, Housing Inspection Fees, and Fire Inspection Fees as Special Assessments and Ordering Collection Thereof
Attachments: 1. 21-1601 WINTER 2021 SCHEDULE A-FINAL.pdf, 2. R-21-373 Mike Pettigrew Certification for Tax Rolls.pdf

Title

Resolution Levying Certain Delinquent Municipal Solid Waste, Board Up, Clean Up, Vacant Property Inspection Fees, Housing Inspection Fees, and Fire Inspection Fees as Special Assessments and Ordering Collection Thereof

Memorandum

The resolution before you is to levy certain Delinquent Municipal Solid Waste, Board Up, Clean Up, Vacant Property Inspection fees, Housing Inspection fees, and Fire Inspection fees as special assessments as more particularly described in the attached Schedule A.  This is a semi-annual process that provides a mechanism for the City to collect unpaid fees provided for in Chapters 26, 93, 101 and 105.

 

Chapter 13, Section 1:292 specifies the procedure for placement of these debts on the tax roll.  Pursuant to this chapter, owners of affected properties will be notified by first class mail on October 5th, 2021, that the fees, plus a 10% penalty, will be placed on the December 2021 tax roll unless paid within 30 days.

 

The total amount to be submitted for the December 2021 tax roll is $ 80,049.92 (unless paid by November 3rd, 2021); $ 88,054.91 with the 10% penalty fee. These totals can be broken down into the following:

 

Description

Original Amount

Taxroll Amount

Housing

15,082.00

16,590.20

Police

17,470.50

19,217.55

Fire

36,054.40

39,659.84

Solid Waste

11,443.02

12,587.32

 

The Housing delinquencies are related to delinquent property inspection fees.  False alarm response fees account for 99% of the Police delinquencies and 50% of Fire delinquencies.  The remainder of Fire delinquencies relate to unpaid Fire inspection  and special permit fees.  Finally, Solid Waste delinquencies are related to unpaid Commercial Collection charges.

 

Passage of this resolution will permit the inclusion of these fees on the December 2021 tax roll thereby allowing the City to recover the cost of providing these services.

Staff

Prepared by:                     Michael J. Pettigrew, City Treasurer

Reviewed by:                      Marti Praschan, Financial Services Area Administrator and CFO

Approved by:                      John Fournier, Acting City Administrator

Body

Whereas, There were unpaid charges for municipal solid waste, board up, clean up, vacant property inspection, fire inspection, and housing inspection (“Unpaid Fees”) within the City as of May 31st, 2021;

 

Whereas, False alarm fees account for 99% of the Police delinquencies and 50% of the Fire delinquencies;

 

Whereas, All unpaid fees are chargeable against the properties identified in the attached Schedule A pursuant to ordinance, charter, or state law;

 

Whereas, The City’s Chief Financial Officer has verified that the unpaid fees were incurred by the City and that they are properly chargeable to the property listed on the attached Schedule A;

 

Whereas, The owners identified on the attached Schedule A have been billed in accordance with applicable law but, as of October 1st, 2021, all such bills remain unpaid; and

 

Whereas, The Chief Financial Officer hereby notifies the City Council of these facts and asks that the City Council levy special assessments against the properties identified in the attached schedule for the respective amounts identified therein;

 

RESOLVED, That the City Council determines that each expenditure or charge identified in the attached Schedule A shall be charged in full and levied against the associated property (and owner thereof) identified on such Schedule A as a special assessment in accordance with Chapter 13, Section 1:292, Chapter 26, Section 2:5(2), and Charter Section 10.4;

 

RESOLVED, That the City Clerk or her designee is directed to give notice to the owners of the properties identified in Schedule A of this fact no later than October 5th, 2021, in accordance with Chapter 13, Section 1:292, Chapter 26, Section 2:5(2), and Charter Section 10.4; and

 

RESOLVED, If such special assessments remain unpaid after thirty days a ten percent penalty shall be charged in accordance with Chapter 13, Chapter 26, and Charter Section 10.4, and the Assessor and Treasurer are hereby directed to levy such special assessment amount plus penalty on Winter 2021 tax roll, and shall collect such amounts in the same manner as general City taxes.