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Arapahoe council approves corrective lien steps for vacant property at 812 9th Street

City Council of the City of Arapahoe, Nebraska · November 19, 2024
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Summary

The City of Arapahoe on Nov. 19 approved Resolution No. 2024-32 directing staff to file a corrective notice and a notice of special assessment and lien tied to unpaid vacant-property registration fees for 812 9th Street. The council voted 4-0; exhibits attached to the resolution list differing totals.

Arapahoe’s City Council voted unanimously on Nov. 19 to approve Resolution No. 2024-32 directing the Program Administrator to file a corrective notice of special assessment and lien and to file a notice of special assessment and lien against the property at 812 9th Street, owned by Casey T. Heinen and Andrea A. Heinen.

The resolution, passed on a 4-0 roll call (Councilmen Polston, Middagh, Kreutzer and tenBensel voting aye; Carpenter and Paulsen absent), cites the Vacant Property Registration Act (Neb. Rev. Stat. § 19-5401 et seq.) and the city’s Municipal Code provisions for vacant-property registration and lien authority (Municipal Code §§ 152.05, 152.07). It instructs the Program Administrator to file a corrective notice to amend typographical errors in an earlier lien recorded Oct. 11, 2024, and to file a notice of special assessment and lien for unpaid VPR registration fees related to the Heinen property.

The resolution’s recital describes a schedule of assessed supplemental registration fees beginning with an initial $250 charge and listing increments that cumulatively reach $8,750.00. The resolution text directs the Program Administrator to file a notice adding $6,000.00 pursuant to prior resolutions to reach the corrected total to be liened. An Exhibit attached to the resolution (entitled “Notice of Special Assessment and Lien”) lists a total lien amount of $8,750.00 while the corrective notice language explains that a $2,000 corrective entry was needed in an earlier filing. The council approved the resolution as presented; the record therefore contains both the council direction to add $6,000.00 and attached exhibit language listing an $8,750.00 total. The council did not take any additional oral action on the floor to reconcile those two figures during the meeting record.

The exhibits in the packet were prepared for the city by attorney Drew A. Graham and include an itemization of prior registrations and supplemental registration fees (initial registration, first through fifth supplemental registrations) that are summarized in the resolution text. The resolution directs that the corrective notice and the notice of special assessment and lien be filed in the office of the Register of Deeds of Furnas County, Nebraska.

Next steps: the Program Administrator is to file the corrective notice and the notice of special assessment and lien with the county register of deeds as described in Resolution No. 2024-32. The council recorded the passage by roll call vote and did not amend the resolution on the floor at the Nov. 19 meeting.