Explanation
1. BACKGROUND
This legislation authorizes the Department of Public Service to submit information to the Franklin County Auditor or other county auditors as appropriate for property tax assessments. These assessments are for repairs made to sidewalks, driveway approaches, and drive approach curbs within the public right-of-way at various locations within the corporation limits of the City of Columbus under the Sidewalk NOV program.
The Columbus Service Center (311) receives complaints about the condition of sidewalks, driveway approaches, and drive approach curbs within the public right-of-way. The Department of Public Service sends an inspector to investigate the complaints to determine if a violation of City Code exists. In 2017, under Columbus City Code 905, the department sent notices of violation to 251 property owners. The department also publicly advertised the notices of violations and sent certified letters to each property owner informing them of the violation and of the need to make the repairs. Of the 251 property owners that received a notice of violation, 115 property owners corrected the violation on their own.
Ordinance 1681-2016 authorized the Pedestrian Safety Improvements - Sidewalk Program NOV 2016 contract, which was a three-year contract to make repairs for the properties that received notices of violation and that did not make the repairs on their own. Ordinance 1765-2017 authorized funding for the second year of this contract, and the extended contract was used to make the repairs for the 136 properties that did not make the repairs on their own. These property owners were invoiced for the repairs with any grant amounts awarded under the City’s Sidewalk Rescue Program subtracted from the invoiced amounts.
Property owners have the option of paying the invoice in full, in part, or not at all. The unpaid balance of the invoice is assessed against their property taxes. Attached to this ordinance is a list of properties that were invoiced for the repairs. The Franklin County Auditor has a deadline of mid-September for a list of assessments to be submitted for the next tax year. The deadline for submission to the Franklin County Auditor does not allow time for Council’s approval of a finalized list of assessments upon return from August recess. Property owners that make full or partial payment before the information is submitted for assessment in early September will be removed from this list or have the assessment amount adjusted accordingly. Properties may also need to be added or subtracted to the list to reflect any errors made in the list.
2. FISCAL IMPACT
Public Service has expended funds to make the repairs and additional funds are not required. This legislation is necessary to allow the eventual reimbursement of Public Service for the funds already expended through the property tax assessment process.
3. EMERGENCY DESIGNATION
Emergency action is not requested.
Title
To authorize the Director of the Department of Public Service to submit information to county auditors for assessment of properties under the Sidewalk NOV program; to allow adjustments to the assessment list to reflect payments received or errors; and to authorize funds received for these assessments to be returned to the Department of Public Service. ($0.00)
Body
WHEREAS, the City of Columbus, Department of Public Service, is engaged in the Pedestrian Safety Improvements - Sidewalk Program NOV project; and
WHEREAS, 251 property owners received a notice of violation in 2017 concerning the condition of sidewalks, driveway approaches, and drive approach curbs within the public right-of-way at various locations within the corporation limits of the City of Columbus, with 136 not making the repairs; and
WHEREAS, Ordinance 1681-2016 authorized a contract to make repairs for these violations if the property owner did not make the repairs; and
WHEREAS, Ordinance 1765-2017 extended the contract for year two of a possible three-year contract; and
WHEREAS, the Department of Public Service made the repairs using the city contract for these properties; and
WHEREAS, some of these property owners may make full or partial payment prior to the list being presented for assessment, and this list will be adjusted to reflect these payments, errors, or omissions; and
WHEREAS, a property tax assessment must be established with the Franklin County Auditor or other appropriate county auditors for the Department of Public Service to recover these funds if the property owner does not pay the invoice in full; and
WHEREAS, this ordinance authorizes the Department of Public Service to submit information to the Franklin County Auditor or other appropriate county auditor to establish the property tax assessments to recover the funds; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Department of Public Service is authorized to submit information to the appropriate county auditors for assessment of properties listed in the attachment hereto under the Department of Public Service's Sidewalk NOV program and pursuant to City Code.
SECTION 2. That the Director of the Department of Public Service is authorized to make adjustments to this list to reflect additional payments received or to correct errors or omissions.
SECTION 3. That the funds the city receives which were collected for these assessments are to be returned to the Department of Public Service.
SECTION 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.