May 27, 2023

Five Fifteen Report, Allen Dinkel

Posted May 27, 2023 8:43 PM

Allen Dinkel, City Manager
Over the past two or so months we have discussed different parts of the financial side of the City. No doubt we will get back to that over the next few weeks as we enter the “Meat” of the Budget season as we put together the 2024 City Budget.  However, today we will take a break and cover a couple of topics that are being focused on to a greater level at this time of the year.  

Even though we are not in any sort of “Monsoon Season” there has been some recent rains here and the grass and weeds are taking off and growing. Sara and Steve in the City Codes Department have been busy and are “out and about” in the City finding the unsightly vegetation.  This is no easy task as there have been a few hundred “abatement” letters being sent out to property owners who need to cut and take care of their properties.  Of course, it is pretty easy to see if the grass and weeds need to be addressed, but for staff the work just begins there. They also grab picture of the nuisance to add to their documentation.  

When they get back to the office, they have to identify who owns the property. They use the County parcel map to determine the owner and prepare a letter. This letter, in accordance to City Code and State Statute, is sent via certified letter. Yes, it is an added expense, but first of all is required and secondly, there has been more than one occasion when a person says they did not receive notice and the staff whips out the receipt the letter was received and signed for. Yes, there are letters which are returned. In some cases, the owners have moved and did not have their mail forwarded. Then there are a few who think if they don’t sign for their letter, they don’t have to address the problem. However, when the letter is returned by the post office, the City may move forward as well.  Once a letter is received by the property owner, they have 7 days to mow the weeds.  Of course, the weeds are even taller by then. If it is not done by that time, the City has the parcel mowed and the bill is sent to the property owner. If it is not paid, the fee is sent to the county to be added as an assessment on the property taxes.  

Not only is the cost of the mowing billed, but there is also an administrative fee. Someone complained to me the other day about this fee. Simply take care of your property and the City does not have to spend the time and effort to address the code violation. No one in our office wants to take of your property, but we will take action if you fail to do so. In  the case of tall weeds and grass only one notice has to be sent each calendar  year. So once a notice is received as mentioned above, a second notice is not needed if the owner allows the weeds to get tall again and mowing can be ordered to be done. 

The other nuisance which staff deals with is basically junk and debris on a property.  The same process for weeds is followed.  Again, pictures are taken, and a file of the property is kept. If the nuisance is not taken care of, the items are removed from the property and the costs are billed to the property owner.   Again, pictures are taken at the time when the abatement is made and also if the property is cleaned and the items are hauled away. These type of nuisances can be expensive. In the past couple of years, we have had properties where over $5,000 was spent to remove the nuisances.  Yes, the costs are billed to the property owner and if not paid assessed to the property taxes, However at times the taxes are not paid, and the property ultimately goes to a “Tax Sale” and is sold for much less than the assessments.  Then, we as taxpayers have to “foot” the bill for those who did not take care of their property. The Codes Department also takes action if there are vehicles on properties that are not current with their registration. And don’t forget trees and shrubs that are causing issues and have to be addressed. 

One other task this department deals withis structures that are “Unsafe or Dangerous and Unfit for Human Use or Habitation”. Last year there were 10 structures that were addressed and this year the list grew to 16. This process has more steps that have to be taken.  Structures are evaluated and then when a list is made, not only are the owners of the property identified, but also anyone who may have an interest in the property such as a lien holder.  Again, many pictures are taken. A report is made to the city Commission and a Resolution is adopted  for each property which sets a Public hearing.  This resolution is sent, again by certified mail to all parties and also have to be published twice, two weeks in a row, in the official City newspaper.  A public hearing is then held by the City Commission where the property owner has the ability to give their side of the “story”.  The commission then decides is the structure needs to be demolished or repaired and a time table is put into place. Another resolution is adopted for each priority, sent by certified letter, but only has to be published 1 time. Again, this is not an inexpensive process.  Of course, some property owners do take care of the issue, but others don’t, and the costs become that of the City. As the City’s financial status improves, more can be done. In 2024, $200,000 is budgeted for unsafe and dangerous structures. 

Yes, we get complaints that the City does not address nuisance and structures as it should, but you also have to be able to budget the process. On the other hand, we have those property owners  and residents who feel they are being “picked on”.  

It all boils down to one thing, if property owners acted responsibly, we would not have to worry about taking care of these issues. Remember, it is “Your” tax dollars have to pay to do what the property owner fails to do.