HomeMy WebLinkAbout[05] Delinquent Assessments Council Agenda Item 5
MEETING DATE: October 3, 2016
AGENDA ITEM: Public Hearing - Delinquent Accounts Proposed Assessment
SUBMITTED BY: Finance
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A
PREVIOUS COUNCIL ACTION: None
BACKGROUND INFORMATION: Minnesota Statute 429.101 allows local governments to assess
unpaid fees for special charges noted in the City Ordinances. These charges may include weed cutting,
snow removal, street sweeping, tree trimming, utility bills, operation of street lighting systems, special
fire service fees, compliance fees, etc. Installments can be paid in one installment up to 10 equal
installments. City's policy has been one installment due to the relatively small balances that remain. The
City may also charge fees incurred by the City to assess the benefited properties.
The attached listing includes addresses over two months delinquent on their city bills. A 14-day notice of
the pending assessment has been given to the affected property owners. The public hearing notice was
also placed in the St. Joseph Newsleader. Other collection measures have been taken prior to collection
under MN § 429.101.
The property owners will be given until November 3, 2016 at 10:00am to pay their delinquent invoices
prior to sending the assessment to Stearns County for collection. The $45 assessment fee will be waived
if the delinquent balance is paid in full before November 3, 2016 at 10:00am.
BUDGET/FISCAL IMPACT: up to S 4,674.58 in various funds
ATTACHMENTS: Request for Council Action- Delinquent Accounts
Resolution 2016-047 Adopting Assessment Outstanding Invoices
Delinquent Account Listings
Public Hearing Notice
REQUESTED COUNCIL ACTION: Adopt Resolution 2016-047 certifying the delinquent accounts
as presented with a one installment payment in 2017, 0%interest charge,plus a$45 certification fee per
item for accounts not paid by November 3, 2016 at 10:00am.
Resolution 2016-047
Resolution Adopting Assessment
Outstanding Invoices
WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and
passed upon all objections to the proposed assessment for the outstanding fees relating utility and weed
cutting services.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted
and shall constitute the special assessment against the lands named therein, and each tract of land therein
included is hereby found to be benefited by the proposed improvement in the amount of the assessment
levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of 1 year, the first
of the installments to be payable on or before the first Monday in January 2017.
3. The owner of any property so assessed may, at any time prior to certification of the assessment to the
county auditor, pay the whole of the assessment on such property.
4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be
extended on the property tax lists of the county. Such assessments shall be collected and paid over in
the same manner as other municipal taxes.
Adopted by the council this 3rd day of October 2016.
Rick Schultz, Mayor
ATTEST
Judy Weyrens, Administrator
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CITY OF ST. JOSEPH
PUBLIC HEARING
Notice is hereby given that the Council will meet at or shortly thereafter at 6:00 pm on October 3, 2016 in
the City Hall Council Chambers to consider, and possibly adopt, the proposed assessment for delinquent
City invoices. Adoption by the Council of the proposed assessment may occur at the hearing.
The proposed assessment role is on file for public inspection at the City Clerk’s Office. The total amount
of the proposed assessment is $7,326.56. Written or oral objections will be considered at the meeting. No
appeal may be taken as to the amount of an assessment unless a written objection signed by the affected
property owner is filed with the City Clerk prior to the assessment hearing or presented to the presiding
officer at the hearing. The Council may upon such notice consider objection to the amount of a proposed
individual assessment at an adjourned meeting upon such further notice to the affected property owners, as
it deems advisable.
An owner may appeal an assessment to district court pursuant to Minn. Stat. 429.081 by serving notice of
the appeal upon the mayor or clerk within 30 days after the adoption of the assessment and filing such
notice with the district court within ten days after service upon the mayor or clerk.
Judy Weyrens
Administrator
Publish: September 16, 2016
September 28,2016
City Of St.Joseph, MN
PO Box 668
St.Joseph MN 56374
Dear City Administrator,
We received your letter dated,September 1,2016 stating a "Final Notice"for weed cutting services in
the amount of$1356.06. We are disputing these charges and request a hearing for these charges on
Monday October 3,2016.
We purchased these 4 lots in late April or early May 2016 through the foreclosure auction for Stearns
County MN. Per Brenda Stanger,employee of the Auditor's office of Stearns County,the Conveyance of
title was created 6.10.16(which we have)and the recording happened on 6.23.16. The website for
Stearns County would have updated on 6.24.16 with our name and addresses as owners.
Never once have we received any notice of weed/grass length was too long and a charge would ensure
if the lawn was not cut. This is a customary practice for many cities,including St.Joseph,MN. We only
received the Finai Notice in early September,2016. In our opinion it is the responsibility of St.Joseph to
do their due diligence to know who a current owner is and to properly notify us of any weed/grass
problem. Had we been properly notified in June(when we mowed),July or August,we would have
made a trip to St.Joseph and mowed the lawn in July and August. As stated before we did mow in early
June and then were billed for June mowing for 6.16.16. The mower could have clearly seen that we did
indeed mow the lawn in June. Once again we mowed the lawn on September 11th,2016 and then
- received notice of weeds/grass to be mowed on or before 9.16.16. Not sure why we would receive
notice when you could clearly see it was mowed.
The other concern I have is the very high rate for mowing these lots. It has a large excavation hole
running between the 4 lots. It takes 1 hour to mow all 4 lots at the most.Yet we were charged$100 for
each lot. So in essence we were charged$400/hr. I am sure we can all agree that that is an exorbitant
rate to mow this very tiny lawn.
Notifications are important so that we can take of the land we own. We want to be good land owners
and neighbors to the people of St.Joseph. In fact,we are planning on building on this property in the
near future and filling the existing excavation hole so that is ncSCa danger for injury to our neighbors.
The weeds will be removed entirely and lawn and landscape planted.
Again,we dispute the charges as received in the amount of$1356.06 as the Stearns County website was
properly updated on 6.24.16 and yet we never received any notificatian from the City of St.Joseph that
indeed the weeds/grass were a problem and needed to be mowed. We ask for a hearing on October 3�a
to resolve this issue.
Sincerely,Kevin&Julie Johnson, KJ Development of St.Joseph, LLC.